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Home My WebLink AboutContract 43167CITY SECRETARY r O RTWORTH CONTRACT NO. CRY SECRETARY/ D.O.E. CONTRA W.Fay► CO. CON S EC�WTIONS AND CONTRACT DOCUMENTS CLIENT DEPARTMENT FOR 2008 CAPITAL IMPROVEMENT PROGRAM ARTERIAL STREET PROJECT RAY WHITE ROAD CITY PROJECT No. 01294 TPW No. C204-531200-202230129430 OCTOBER 2011 Betsy Price Mayor T.M. Higgins City Manager Doug W. Wiersig, Ph.D., P.E. Director, Transportation and Public Works Department S. Frank Crumb, P.E. Director, Water Department Richard Zavala Director, Parks and Community Services Department PREPARED FOR: The City of Fort Worth DANNENBAUM ENGINEERING ORPORA2 CORPORATION REGISTRATION aStj6421 CAMP BONE '9 �..13RYAN E. SHERRIES d �. .... ........ ....0 Q �.. 92 2 .*4m 9A9 '. 7 :� ' {? •' Sri �* 05-01-12 p03.53 /O a ,/ Official CITY COUNCIL AGENDA FORT WO RT II COUNCIL ACTION: Approved on 3/27/2012 - Ordinance No. 20149-03-2012 DATE: 3/27/2012 REFERENCE C-25535 NAME: LOG 20RAYWHITEROADCONSTRUCTION CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract in the Amount of $1,428,769.70 with McClendon Construction Company, Inc., for Paving, Retaining Wall, Street Lights and Drainage Improvements for Ray White Road from North Tarrant Parkway to Shiver Road, Utilizing $1,739,904.70 from Transportation Public Works Gas Well Revenues Fund to Provide for Construction Contract Costs, Contingencies and Construction Services for a Project Total of $1,739,904.70 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1,739,904.70 in the Transportation Public Works Gas Well Revenues Fund from available funds to cover the acquisition of rights -of -way, easements, and for construction costs related to the Ray White Road Project; and 2. Authorize the execution of a contract with the lowest responsive bidder, McClendon Construction Company Inc., in the amount of $1,428,769.70 for paving, retaining wall, street lights and drainage improvements for Ray White Road from North Tarrant Parkway to Shiver Road. DISCUSSION: The 2008 Capital Improvements Program included funds for the engineering design of Ray White Road from North Tarrant Parkway to Shiver Road. On April 22, 2008, (M&C G-16117) the City Council established a Special Projects Fund for Street Improvements and authorized the use of Gas Well Revenues in the amount of $15 million for arterial streets. Ray White Road is one of the roadways included in this funding. The scope of this project includes the reconstruction of the two west lanes of Ray White Road from North Tarrant Parkway to Shiver Road. These new lanes will complete the four lane divided arterial roadway from North Tarrant Parkway to Shiver Road. The project was advertised for bid in the Fort Worth Star-Teleoram on October 27, 2011 and November 3, 2011, the following responsive bids were received on December 8, 2011: BIDDERS McClendon Construction Company, Inc. JLB Contracting, LP Jet Underground Utilities, Inc Jackson Construction Conatser Construction BID AMOUNT $1,428,769.70 $1,445,569.21 $1,569,925.00 $1,625,691.00 $1,656,612.50 Staff recommends that the low bid in the amount of $1,428,769.70 as submitted by McClendon Logname: 202007COCONTRACT5BDIST500947 Page 1 of 2 I Construction Company, Inc., be selected and a contract awarded. In addition, $197,835.00 will be included in the project budget for contingencies and activities to support the work by McClendon, such as construction services which includes surveying, material testing and construction inspection. Also, an additional $113,300.00 will be included for rights -of -way and easements acquisitions. McClendon Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by committing to 23 percent M/WBE participation. The City's goal on this project is 17 percent. This project is located in COUNCIL DISTRICT 2, MAPSCO 36C and 36G. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, funds will be available in the current capital budget, as appropriated, of the Transportation and Public Works Gas Well Revenues Fund. TO Fund/Account/Centers 1 $1.706.650.45 C223 446200 201929990200 1) $33.254.25 C223 446100 201929990100 1) $1,739.904.70 C223 541200 201929990200 Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Q $1,428.769.70 C223 541200 202230129483 Fernando Costa (6122) Douglas W. Wiersig (7801) Wilma Smith (8785) 20RAYWHITERDCONSTRUCTION MAP.pdf 20RAYWHITEROADCONSTRUCTION A012.doc Logname: 202007COCONTRACT5BDIST500947 Page 2 of 2 CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 to the Specifications & Contract Documents for 2008 CAPITAL IMPROVEMENT PROGRAM ARTERIAL STREET PROJECT - RAY WHITE ROAD CITY PROJECT NUMBER 01294 Bid Submittal Due Date: December 8, 2011 Addendum No.1 Issued: December 1, 2011 The Specifications, Contract Documents and Drawings for the above mentioned project are revised and amended as follows: The Contract Documents for the subject project are hereby amended as follows: A. Remove Proposal Section Sheets 6-(1) through 6-(3), and replace with attached Sheets 6-(1) through 6-(4) marked "Addendum #1 ". Note the following revisions: Traffic Signal Improvement Bid Items have been added to the proposal. 2. Bid Item 00068 has been removed from the proposal. The implementation and maintenance of the Storm Water Pollution Prevention Plan shall be included in Bid Item 00100. 3. Bid Item 00147 Topsoil - Install: This item is a pre -bid item. A unit price has been furnished. 4. Bid Item 00414 Utility Adjustment - Repair: This item has been modified to a quantity of one lump sum with a furnished unit price. 5. Bid Item 00426 Curb - 7 Inch w/18 Inch Gutter - Install: This bid item refers to the locations shown in the plan where existing curb openings are to be closed. Detail MOD-STR-020 is supplied with this amendment. 6. Bid Item 00429A Pavement - Non -Green Cement - Install (6" Depth) has been modified to indicate that this concrete is to be used for the approach of Senator Drive. 7. Bid Item 00472 - Unclassified Street Excavation - Unclassified Street Excavation consists of all required excavation within the limits of the project, the removal, proper utilization, or disposal of all excavated material, and G:\1210\446301�SpaifkatiDm\Kkktda N1\01294 Addendum No Ldo scraping and finishing of all earthwork in conformity with the lines and grades as shown on the plans. No differentiation has been made between suitable and unsuitable material in determining this quantity. 8. Bid Item 00543 - Fill Material - Borrow - Install - See Item 57, Page SP-25 in the Specifications and Contract Documents. 9. Bid Item 00543A Embankment - "Embankment" shall consist of the placement and compaction of all materials obtained from street excavation, borrow, or any other excavation in the construction of streets and storm drains. Only suitable material, whether excavated on site, or borrowed, shall be used for embankment in accordance with "Bid Item 00543 - Fill Material - Borrow" - Install. 10. Bid Item 00857 Box Culvert 10 FT X 7 FT - Install - This Item shall be cast in place as these barrels are an extension of an existing cast in place box culvert. 11. Bid Item 00880 Box Culvert 6 FT X 4 FT - Install - This Item shall be cast in place as these barrels are an extension of an existing cast in place box culvert. 12. Bid Item 00880 Box Culvert 8 FT X 4 FT - Install - This Item may be precast or cast in place. 13. A traffic signal improvements section has been added to the proposal to incorporate the improvements shown on Plan Sheets 51 - 54. For Items 0514, and 1071, conductor cable, as required shall be part of this bid item. 14. A section containing section totals and project totals has been added. 15. An Excel spreadsheet containing the bid proposal will be posted on Buzzsaw. B. Section 3.1 M/WBE Special Instructions to Bidders: The City's M/WBE goal for this project is 17%. C. Section 8.3 - Replace the Geotechnical Report for Shiver Road with the Geotechnical Report attached to this addendum. D. Traffic Signal Plans: Replace Plan Sheets 51 through 54 with the Plan Sheets attached to this addendum. E. Section 8.2 - Wetlands - As noted in the pre -bid meeting, The city is obtaining a Nationwide Permit for work in the two channels where culvert extensions are proposed. It is anticipated that the permit will be issued by March, 2012, the anticipated start of construction. ~ G:\1210M463OlSpacdicatio-\ddeada /1\01294 Addendum Na l.d—. This Addendum No. 1, forms part of the Specifications & Contract Documents for the above referenced project and modes the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No. 1 by completing the requested information at the following locations: (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM No. I" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 1 may subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED Douglas W. Wiersig, P.E. DIRECTOR TRANSPORTATION & PUBLIC WORKS DEPT. By: � . By: %04 Company: Wilma ^mith, P.E. Project Manager Attachments: Revised Bid Proposal Form Sheets 6-(1) — 6-(4) — Marked "Addendum #1" Geotechnical Investigation for Ray White Road Plan Sheets 51 — 54. Modified — Standard 7" Monolithic Curb Detail. Available on Buzzsaw: Revised Bid Proposal Form Sheets 641) — 6-(4) in Excel format. Sf4claRIEEJ 92723 -. c •3xia.�e�-o� sv�:r,��.mroe.,��iz9a �aema� H� �.m�. MW M CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 to the Specifications & Contract Documents for 2008 CAPITAL IMPROVEMENT PROGRAM ARTERIAL STREET PROJECT - RAY WHITE ROAD CITY PROJECT NUMBER 01294 Bid Submittal Due Date: December 8, 2011 Addendum No. 2 Issued: December 7, 2011 The Specifications, Contract Documents and Drawings for the above mentioned project are revised and amended as follows: The Bid Proposal for the subject project are hereby amended as follows: A. Bid Item 40, BID - 00966 has been adjusted to reflect the fact that there are two luminaires per pole. B. Bid Item 42B, BID - 00970, Light - Davit Pole has been added. C. Bid Item 42C, BID - 01318, Cable-Quadruplexed Aluminum Underground 1/0- 1/0-1/0-2 - Install has been added. D. Bid Item 50, BID - 00069, Headwall. The quantity has been adjusted. E. Bid Item 71, BID - 0094 has been removed. GA12101446301�Spai5raW.\addenda OM1294 Addendum No 2d—d— .. - This Addendum No. 2, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No. 2 by completing the requested information at the following locations: (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM No.2" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 1 may subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED Douglas W. Wiersig, P.E. DIRECTOR TRANSPORTATION & PUBLIC WORKS DEPT. By: Company: By: /S/ Wilma J. Smith, P.E. Project Manager Attachments: Revised Bid Proposal Form Sheets 6-(1) - 6-(4) - Marked "Addendum #2" Available on Buzzsaw: Revised Bid Proposal Form Sheets 6-(1) - 644) in Excel format. d6�' jg OF i FrYAN �E. SHE 3iE3 8o Sr•�r'EiaE,�,e ��_ G:,1210�44 3-01 �Specificel{oni addenda dZ01294 .iddrndum No 2.doca.docx fJ CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 to the Specifications & Contract Documents for 2008 CAPITAL IMPROVEMENT PROGRAM ARTERIAL STREET PROJECT — RAY WHITE ROAD CITY PROJECT NUMBER 01294 Bid Submittal Due Date: December 8, 2011 Addendum No. 3 Issued: December 7, 2011 ei- - Z- 92723... l z IS 7/Z* The Specifications, Contract Documents and Drawings for the above mentioned project are revised and amended as follows: The Bid Proposal for the subject project are hereby amended as follows: A. Bid Item 28, BID - 00472 Pavement — Unclassified Street Exccavation Remove: Disregard this bid item. Leave blank. This Addendum No. 3, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No. 3 by completing the requested information at the following locations: (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM No.3" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 3 may subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED By: Company: GA2I0W463A71Specifiwiom addenda 03AI299.1ddrndom No 3.dotx.dotx Douglas W. Wiersig, P.E. DIRECTOR TRANSPORTATION & PUBLIC WORKS DEPT. By: /S/ Wilma J. Smith, P.E. Project Manager TABLE OF CONTENTS 01 — Project Information ® 1.1— Title Page MS -Word ❑ 1.2 — Location Maps pdf 02 — Front End Documents 2.1— Table of Contents MS -Word ® 2.2 — Notice to Bidders MS -Word ® 2.3 — Comprehensive Notice MS -Word to Bidders ® 2.4 — Special Instructions to pdf Bidders (water -sewer) ® 2.6 — Special Instruction to pdf Bidders (paving -drainage) ❑ 2.6 — Detailed Project MS -Word Specifications (no drawings provided) 03 — MWBE Documentation ® 3.1— MWBE Special pdf Instructions ® 3.2 -. MWBE pdf Subcontractors/Suppliers Utilization Form ® 3.3 — MWBE Prime Contractor pdf Waiver ® 3.4 — MWBE Good Faith Effort pdf ® 3.6 — MWBE Joint Venture pdf 04 — Bid Package ® 4.1— Bid Proposal Workbook MS -Excel ® 4.3 — Bid Schedule MS -Excel ® 4.4 —List of Fittings MS -Excel ® 4.6 — Pre -Qualified Contractor MS -Excel _ List 05 — General and Special Conditions ® 6.1— Part C General pdf Conditions (water — sewer) ® 5.2 — Supplementary pdf Conditions to Part C (water — sewer) ® 5.3 — Part D — Special MS Word Conditions (water — sewer) ® 5.4 — Part DA — Additional MS Word Special Condition (water — sewer) ® 5.5 — Part E Specifications pdf ® 5.6 — Special Provisions (paving - drainage) ® 6.7 -Wage Rates pdf ® 6.8 — Compliance with and pdf Enforcement of Prevailing Wage Rates ❑ 5.9 — Standard Details (water- dwf - sewer) ❑ 5.10 —Standard Details dwf (paving- drainage) " City of Fort Worth, Texas Table of Contents PMO Release Date: 06.10.2010 Page 1 of 2 gAl210\4463-01\spccificationAl00%specs\01.2 - table of contents (pmo released_20100610).doc TABLE OF CONTENTS 06 —Technical Specifications ❑ Technical Specs Index 07 — Contracts, Bonds and Insurance ® 7.1— Certificate of Insurance MS Word ® 7.2 — Contractor Compliance pdf With Workers' Compensation Law ® 7.3 - Conflict of Interest pdf Questionnaire ® 7.4 - Performance Bond pdf ® 7.6 - Payment Bond pdf ® 7.6 - Maintenance Bond pdf ® 7.7 — City of Fort Worth pdf Contract 08 — Appendices ® Easements Index ® Permits Index ® Reports index 09 — Addenda ❑ Addenda Index City of Fort Worth, Texas Table of Contents PMO Release Date: 06.10.2010 Pape 2 of 2 g:\1210\4463-01\specificetions\100%specs\01.2 - table of contents (pmo reteased_20100610).doe SECTION 2 — FRONT END DOCUMENTS 2.1 Table of Contents (In front of this section) 2.2 Notice to Bidders 2.3 Comprehensive Notice To Bidders 2.4 Special Instructions to Bidders (Water -Sewer 6/04/03) 2.5 Special Instruction to Bidders (Paving -Drainage 3/13/09) GAI 21 0\4463-01 \.Speciflcations\100% Specs\02.0 - SECTION 2 COVER.doc NOTICE TO BIDDERS Sealed proposals for the following: FOR: City of Fort Worth, Texas 2008 Capital Improvements Program Arterial Street Project Ray White Road D.O.E. PROJECT NO.6226 CITY PROJECT NO. 01294 PAVING RECONSTRUCTION T/PW PROJECT NO.: C204-541200-202230129483 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until _1:30_p.m., Thursday, December 8th, 2011 and then publicly opened and read aloud at 2:00 p.m. 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.fortworthoov.ora/purchasina/ and clicking on the project link. This link will take you to the advertised 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. Hard copies of plans and contract documents may be purchased for a non refundable $60.00 at the office of the Transportation of Public Works at 1000 Throckmorton Street, Fort Worth, Texas 76102. Nikki Mc4eroy at 817-392-8549. Plans will be available on Thursday, October 27th at 4:00 PM. Prospective bidders must subr'nit any questions concerning the interpretation of the meaning of plans, specifications or other pre -bid documents by Monday, December 5th, 2011 in order to be considered for a response. The major work will consist of the (all approximate) following: 10,000 square yards of 11" concrete, with lime treated subgrade, sidewalk, 1,800 linear feet of storm drain pipe, culvert extensions, and other miscellaneous work to support the expansion of Ray White Road. Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. Bid security is required in accordance with the Special Instruction to Bidders. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda 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. The water & Sanitary Sewer work must be performed by a contractor that is pre -qualified by the Water Department at the time of bid opening. A General Contractor, who is not pre -qualified by the Water Department, must employ the services'of a subcontractor who is pre -qualified. The procedure for pre -qualification is outlined in the °Special Instructions to Bidders (Water -Sewer)". For additional information, please contact Bryan E. Sherrieb P.E., Engineer, Dannenbaum Engineering Corporation at (817) 763-8883 or by email: bryan.sherrieb@dannenbaum.com, and/or Wilma J. Smith, P.E., Project Manager, TPW Department at (817) 392-8785 or by email: Wilma.Smith@fortworthgov.org. 2.2 Notice To Bidders — Page 1 of 2 G:1121014463-011Specifications1100% Specs102.2 Notice to Bidders.doc NOTICE TO BIDDERS A pre -bid conference will be held on Tuesday, November 15th, 2011 at 2:00 p.m., in the Transportation and Public Works Conference Room No.270, 2rid Floor, City Municipal Building,1000 Throckmorton Street, Fort Worth, Texas 76102. Bidders are encouraged to review the plans and specifications prior to the pre -bid conference. Advertising Dates: Thursday, October 27, 2011 Thursday, November 3, 2011 2.2 Notice To Bidders — Page 2 of 2 G:\1210\4463-01\Specifications\100% Specs\02.2 Notice to Bidders.doc COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following - FOR: City of Fort Worth, Texas 2008 Capital Improvements Program Arterial Street Project Ray White Road D.O.E. PROJECT NO.6226 CITY PROJECT NO.01294 PAVING RECONSTRUCTION T/PW PROJECT NO.: C204-541200-202230129483 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1:30 p.m., Thursday, December 8th and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, General Contract Documents and Specifications for this project may be obtained in the office of the Engineering Department, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. A sixty dollar ($60) deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for sixty dollars ($60) for each set. These documents contain additional information for prospective bidders. Documents may also be obtained free of charge at the City of Fort Worth online bidding system (Buzzsaw). Email the Project Manager listed below for instructions on accessing the online documents. Plans will be available on Thursday, October 27th at 4:00 PM. Prospective bidders must submit any questions concerning the interpretation of the meaning of plans, specifications or other pre -bid documents by Monday, December 5th, 2011 in order to be considered for a response. The major work will consist of the (approximate) following: 10,000 square yards of I I" concrete, with lime treated sub -grade, sidewalk, 1,400 linear feet of storm drain pipe, culvert extensions, and other miscellaneous work to support the expansion of Ray White Road. Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. NOTICES All bidders will be required to comply with Provision 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 practices. Bid security may be required in accordance with Special Instructions to Bidders. The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt othhe addenda by initialing the appropriate spaces on the Addenda index and Receipt form(s). Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. Information regarding the status of addenda may be obtained by contacting the Engineering Department at (817) 392-7910. C.ND000MLNTS AND SMINGS%SMITI-IMLOCAL SE171NGS•TEMPORARY INTERNET F1LESIOLK43M 3 - CUMPRENI:NSIVF: NOTICF 'rO BIDDERS (CONSULTANT DESIGN - MULTIPLE Mrs-SF:MONS) - wTR - 01-25-10 t2).DOC COMPREHENSIVE NOTICE TO BIDDERS Bidders, using the printed copy, shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specification book or face rejection of the bid as non -responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time deadline stated below or the bidder may request a copy of said forms from the City of Fort Worth Project Manager named in this solicitation. Bidders, using the electronic bidding system (Buzzsaw) and as outlined in the submission instructions, shall submit those documents electronically that are requesting information but do not require a signature. And for those documents that require signatures, print a copy of each document, complete, sign, and received at the Purchasing Office within the time deadline stated above. In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City 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/or the 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 managing department to whom delivery was made. Such receipt shall be evidence that the City of Fort Worth received the Documentation. Failure to comply shall render the bid non -responsive. SUBMISSION OF BID AND AWARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable bid, the Contractor is required to submit a bid for reconstruction of Ray White Road. A bid proposal submittal that is received with only a single proposal unit complete will be rejected as being non -responsive. The Contractor who submits the bid with the lowest price, will be the apparent successful bidder for the project. Bidders are hereby informed that the Director of the Engineering 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. The managing department for this project is the Transportation and Public Works Department. Bidders must ensure that they are pre -qualified by the City of Fort Worth before bidding on a project. A failure to obtain prequalification may be grounds for rejection of a bid or cancellation of award of a contract. For additional information, please contact Bryan E.. Sherrieb, P.E., Engineer, Dannenbaum Engineering Corporation at (817) 763-8883 or by email: bryan.sherrieb@dannenbaum.com, and/or Wilma J. Smith, P.E., Project Manager, TPW Department at (817) 392-8785 or by email: Wilma. Smith@ FortWorthTexas.gov THOMAS M. HIGGINS CITY MANAGER Advertising Dates: Thursday, October 27, 2011 Thursday, November 3, 2011 MARTY HENDRIX CITY SECRETARY y Wilma J. iicWorks E Transportation and PuDepartment, Infrastructure Design and Construction C-VXKUMENTS AND Sr-17fNGS1SM1THVd1LOCAL SETTINGS\TEMPORARY INTEPUNET F11.ES%01.IC43D\02 3 - COMPREIIENSIVF NOTICE TO 13IDDf=RS (CONSULTANT DESIGN - MULTIPLY. UNITS -SECTIONS) - WTR - 01-25-10 (2).DOC SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALMCATION REOUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non -responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal 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 RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following - (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The. provisions of Right to Audit, under paragraph L of Section Cl:- Supplementary Conditions To Part C General Conditions, pertain to,this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. ?. NONRESIDENT BIDDERS: Pursuant to Article 601 g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically _ disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions 09/ 10/04 2 or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA'), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM (`'with Documentation') and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 12. FINAL PAYMENT, ACCEPTANCE AND WARRANTY: The contractor will 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. C. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 09/10/04 4 SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five percent (5%) of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PAYMENT. PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds famished hereunder shall meet the requirements of Chapter 2253, Texas Government Code. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsures that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. Rev 3-13-09 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of the "General Provisions" of the Standard Specificationsfor Street and Stores Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 4. AMBIGUrrY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is — deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, _ including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled "Right to Audit" pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Transportation and Public Works if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's -` Compensation and Comprehensive General Liability (Bodily Injury-$500,000 each person, $1,000,000 each occurrence ($2,000,000 aggregate limit); Property Damage - $250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual R project. Rev 3-13-09 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Citys 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. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. Rev 3-13-09 "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business T enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT VENTURE FORM ("Documentation') as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment (minus retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. Rev 3-13-09 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained on-line on City's Buzzsaw site or by contacting the City Project Manager. Bids that so not acknowledge all applicable addenda may be rejected as non -responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certain of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entitys employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401,011 (44) or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity- (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Rev 3-13-09 (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: ' (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor. (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and () 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. Rev 3-13-09 ] By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Contact the Texas Workers' Compensation Commission to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Rev 3-13-09 Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRDMATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of T Contractor's alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS. FINAL PAYMENT. PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. Rev 3-13-09 SECTION 3 — M/WBE DOCUMENTS 3.1 M/WBE Special Instructions to Bidders 3.2 M/WBE Subcontractor/Supplier Utilization Form 3.3 M/WBE Prime Contractor Waiver Form 3.4 M/WBE Good Faith Effort Form 3.5 M/WBE Joint Venture Eligibility Form G:\1210\4463-01 \Specifications\100% Specs\03.0 -SECTION 3 COVER.doc I 12-13-11 P12:50 OUT AM ATTACHMENT IA Page t of 4 FOR"I' WO R"I' H City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: I Check applicable block to describe prime McClendon Construction Co, Inc PROJECT NAME: I I M!W/DBE I X I NON-M/W/DBE Arterial Street Project, Ray White Road I DecembeJro�,�11 City's MIWBE Project Goal: Prime's MIWBE Project Utilization: PROJECT NUMBER 17 % 23.3 % Proj 01294 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. - The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2°d 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 are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-MIWBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 am r ANN, AMP 1 2— 1 3— 1 1 P 1 Z: 50 O i) ( ATTACHMENT 1A FORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n Company Name ; N T Detail Detail Address e M yy C x M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D E E R O B B C T E A Klutz Construction PO Box 100263 Drainage Ft Worth TX 76185 1 x x Construction 817/921-0990 Fax 817/921-0990 Rubio Trucking 9000 Co Rd 513 Hauloff Alvarado, TX 76009 1 x x Trucking 817/829-3711 No Fax Ricochet Fuel Distributors 1201 Royal Pkwy Euless, TX 76040 1 x x 817/268-5910 Fax 817/282-7497 W.O.E. Const Inc PO Box 185176 Silicone Grand Prairie, TX 76181 1 x x Joint Seal 817/284-7401 817/284-7400 Green Scaping 2401 Hand ley-Ederville Rd Ft Worth, TX 76118 1 x x x 817/577-9299 817/577-9331 Seeding and Sodding Fuel $285,040. 0 $21, 864.00 � $5,740.00 V/ $9,159.0 Rev. 5/30/03 1 2 -1 3 -1 1 P 1 2: 5 0 OUT ATTACHMENT 1A FORT WORT H Page 3 c f 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N O SUBCONTRACTOR/SUPPLIER T (check one) T n Detail Detail Company Name Address i I N N! yy c X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D R O W B E E C T E A Barnsco, Inc 2609 Willowbrook Rebar Supplier $34,592.00 Dallas, TX 75220 1 x 214/352-9091 Fax 214/379-0341 Beall Lime Co 1100 West Parkway Hydrated Lime $34,980.00 Euless, TX 76040 1 x Slurry 817/835-4000 Fax 214/545-5402 Mel's Electric PO Box 40 Traffic Signals/ $88,646.05 Wilmer, TX 75172 1 x Lighting 972/441-6208 Fax 972/441-6394 Metroplex Pavement Mrk 1303 Jelmak Ave Pavement $15,280.50 Grand Prairie, TX 75050 1 x Markings 972-399-3500 972-313-0059 Southern Star Concrete 8505 Freeport Pkwy Ready -Mix $282,948.00 Irving, TX 75063 1 x Concrete 972/621-0999 Tri Tech Construction, Inc 650 Tower Drive Kennedale, TX 76060 1 817/496-5361 Fax 817/446-3044 Drainage x Pipe $251,292.50 Rev. 5/30/03 • ATTACHMENT IA F�oRr �.1. Page 4 of 4 H Total Dollar Amount of M/WBE Subcontractors/Suppliers $ $333,353.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ $707,739.05 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ $1,041,092.05 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change(Addidon. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Au hf d Signature President Title McClendon Construction Co, Inc Company Name PO Box 999 Address Burleson, TX 76097 CKy/stathmp Dan McClendon Printed Signature Contact Name/TKIe (If different) 817/295-0066 Telephone and/or Fax dan@mcclendonconstruction.com E-mail Address December 9, 2011 Date Rev. 5/30/03 Gjl SECTION 4 — BID PACKAGE 4.1 Bid Proposal Cover & Signature Sheets 4.2 Bid Proposals Paving — Bid Form Drainage — Bid Form i Water — Bid Form Sewer — Bid Form 4.3 Bid Schedule 4.4 Vendor Compliance to State Law 4.5 List of Fittings 4.6 Addenda Index and Receipt 4.7 Pre -Qualified Subcontractor List G:\1210\4463-01 \Specifications\100% Specs\04.0 -SECTION 4 COVER.doc TO: Mr. T.M. HIGGINS CITY MANAGER, FORT WORTH, TEXAS FOR: CITY OF FORT WORTH 2008 CAPITAL IMPROVEMENT PROGRAM ARTERIAL STREET PROJECT RAY WHITE ROAD CITY PROJECT No. 01294 TPW No. C204-531200-202230129430 City Project No.: 00946 Fort Worth, Texas Pursuant to the forgoing "Notice to Bidders," the undersigned has examined the plans, specifications and the site, understand the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Department of _• Transportation and Public Works of the City of Fort Worth. If required by this project, Contractor must be pre -qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated for the following sums, to wit: Total quantities given in the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. City of Fort Worth Project RAY WHITE ROAD PAVING IMPROVEMENTS FROM NORTH TARRANT PARKWAY TO SHIVER ROAD Date City Project # 01294 J'Our vanuor 7403 Number Your uompeny McClendon Const Co Name Inc PAVING IMPROVEMENTS BID ITEMS: CPMS Record 1 Sub Group Number Material 2 BID - 00068 3 Major BID - 00100 ServiceCS 4 Grass BID - 00134 Vegetation 5 Soil BID - 00147 Soil 6 Site BID - 00181 ServiceCS 7 Parkway BID - 00402 ServiceCS 8 Parkway BID - 00404 Concrete 9 Parkway BID - 00414 ServiceCS 10 Paving BID - 00424 ServiceCS 11 Paving BID - 00426 Concrete 12 Paving BID - 00429A Concrete 13 Paving BID - 00429B Concrete 14 Paving BID - 00429C Concrete 15 Paving BID - 00431 Other 16 Paving BID_ - 00433 Assembly 17 Paving BID - 00434 Assembly 18 Paving BID - 00435 Assembly 19 Paving BID - 00437 Assembly 20 Paving BID - 00438 Other 21 Paving BID - 00439 Other 22 Paving BID - 00441 Other Project Manager: Wilma Smith, P.E. Description Removed from Proposal (Addendum #1) Storm Water Pollution Prevention Plan >than 1 Ac - Install Gress-Hydromulch Seeding - Install Topsoil - Install (Addendum #1) Traffic Control - Install Driveway - Remove Driveway-6 Inch - Install Utility Adjustment -- Repair (Addendum #1) Curb & Gutter -- Remove Curb - 7 Inch w1i 8 Inch Gutter - Install Pavement -Non -Green Cement -- Install (4" Depth) (Concrete Median Replacement) Pavement - Non -Green Cement - Install (6" Depth) (Senator Drive) (Addendum #1) Pavement -Non -Green Cement - install (11" Depth) Pavement Marking-12 Inch -Crosswalk Line -White - Install Pavement Marking -Lane Markers Type II-AA-4 - Install Pavement Marking - Lane Markers Type II-CR-4 Pavement Marking -Lane Markers Type W-4 - Install Pavement Marking -Perking Lot Striping (Fire Lane) - Install Pavement Marking - Stop Bar-White-18 Inch - Install Pavement Marking-Stiriping - Install (Solid - White) Pavement Marking -Turn Arrows - Install DOE # 6226 Unit of Measure Quantity Your Unit Price Your Bid LS 1 $ 5,250.00 $ 5,250.00 SY 11,895 $ 0.77 $ 9,1%15 CY 1,983 $ 16.00 $ 31,728.00 LS 1 $ 16,850.00 $ 16,850.00 SF 16,100 $ 0.85 $ 13,685.00 SF 5,850 $ 5.00 $ 29,250.00 LS 1 $ 8,000.00 $ 8,000.00 LF 1,350 $ 3.50 $ 4.725.00 LF 410 $ 19,00 $ 7,790,00 SF 264 $ 3.00 $ 792.00 SY 85 $ 35.00 $ 2,975.00 SY 10,250 $ 36.50 $ 374,125.00 LF 195 $ 3.00 $ 585.00I EA 180 $ 2.75 $ 495.00 EA 400 $ 2.75 $ 1,100.0O EA 1,330 $ 2.55 $ 3,391.50 LF 320 $ 0.90 $ 288.00 LF 52 $ 5.00 $ 260.00 LF 400 $ 1.00 $ 400,00 EA 8 $ 125.00 $ 1,000.00 F_ I I II PAVING IMPROVEMENTS BID ITEMS CONTINUED: CPMS Record 23 Sub Group Number Material Description 24 Paving BID - 00457 ServiceCS Pavement -Concrete - Remove j25 Paving BID - 00472 ServiceCS Uclassifled Street Excavation (Addendum #1) 26 Distribution BID - 00543 Soil Fill Material - Borrow - Install (Addendum #1) 27 Distribution BID - 00543A Soil Embankment (Addendum #1) 28 Paving BID - 00472 ServiceCS Deleted 29 Paving BID - 00486 Lime Subgrade-8 Inch -Lime Stabilization - Install 30 Paving BID - 00496 Lime Subgrade-Lime for Stabilization - Install 31 Sign BID - 00504 Steel Sign -Project Designation - install 32 Sign BID - 00506A Steel Sign -Street signs - Install 33 Sign BID - 00506B Steel Sign -Street signs - Relocate (Re -use sign face, new pole.) 34 Sign BID - 00506C Steel Sign -Street signs - Remove 35 Sidewalk BID - 00529 ServiceCS Welk - Remove 36 Sidewalk BID - 00530 Concrete Walk-4 Ft - Install 37 Sidewalk BID - 00533 ServiceCS Walk-ADA Wheelchair Ramp - Remove 38 Paving BID - 00843 Concrete Curb-7 Inch - Install 39 Water Distributi BID - 00848 ServiceCS Meter Box -Adjustment - Services 40 Lighting BID - 00966 Assembly Light-200 W HPS Cobra Head Fixture; Photo -Cell & Lamp - Install (Addendum #2) 41 Lighting BID - 00968 Assembly Light -Concrete Foundation Type 5 - Install 42 Lighting BID - 00971 Assembly Light -Photo -Cell Contact Closure Circuit Control - Install 142B Lighting BID - 00970 Assembly Light - Davit Pole (Addendum #2) I42C Lighting BID - 01318 Assembly Cable-Quadruplexed Aluminum Underground 110-110-110-2 - Install (Addendum #2) 43 Paving BID - 00990 Other Pavement Marking -Double -Solid Lane Line (Chevrons) - Remove 44 Paving BID - 01008 Other Pavement Marking -Raised Pavement Markings - Remove 45 Paving BID - 01007 Other Polymer Tape - Install 666 2173 REF PAV MIRK TY II (W) (WORD) 46 Lighting BID - 01107 PVC Conduit -Schedule 40, PVC 2 Inch Open Cut - Install 47 Lighting BID - 01112 PVC Conduit -Schedule 40 PVC, 2 inch Bore - Install 48 Water BID - 01152 Assembly Adjust Water Line - Install 49 Sidewalk BID - 01227 Concrete Walk-ADA Wheelchair Ramp - Install Unit of Measure Quantity Your Unit Price Your Bid SY 2,050 $ 6.00 $ 12,300.00 CY 4,500 $ 11.60 $ 51,750.00 CY 3,000 $ 6.60 $ 19,500.00 CY 7,500 $ 7.00 $ 52,500.00 CY 0 $ - $ SY 11,010 $ 2.50 $ 27,525.00 TONS 265 $ 135.00 $ 35,775.00 EA 2 $ 150.00 $ 300.00 EA 7 $ 385.00 $ 2,695.00 EA 3 $ 385.00 $ 1,155.00 EA 9 $ 90.00 $ 810.00 SF 1,620 $ 0.70 $ 1.134.00 SF 9,350 $ 4.00 $ 37,400.00 SF 150 $ 0.75 $ 112.50 LF 5,880 $ 3.00 $ 17,640.00 EA 5 $ 35.00 $ 175.00 EA 28 $ 285.00 $ 7,980.00 EA 14 $ 300.00 $ 12,600.00 EA 14 $ 80.00 $ 1,120.00 EA 14 $ 2,750.00 $ 38,500.00 LF 2,585 $ 3.55 $ 9,176.75 LF 130 $ 7.70 $ 1,001.00 LF 2.550 $ 0.40 $ 1,020.00 EA 8 $ 135,00 $ 1,080.00 LF 2.410 $ 4.00 $ 9,640.00 LF 200 $ 14.50 $ 2,900.00 EA 5 $ 4,200.00 $ 21,000.00 EA 15 $ 400.00 $ 6,000.00 I t I 1 11 1 f 1 0 _ ■ OF DRAINAGE IMPROVEMENTS BID ITEMS: CPMS Record Sub Group Number Material Description 50 Major BID - 00069 Concrete Headwall - Install (Addendum #2) 51 Major BID - 00070A ServiceCS Headwall (and Wingwalls) - Remove (2 8' X 6' Culvert) 52 Major BID - 00070B ServiceCS Headwall (and Wingwalls) - Remove (8 7' X 10' Culvert) 53 Major BID - 00070C ServiceCS Headwall (and Wingwalls) - Remove (1 6' X 8' Culvert) 54 Major BID - 00070D ServiceCS Headwall (Wingwalls, and sloped end treatments) - Remove (24" and under) 55 Major BID - 00080 ServiceCS Pipe - Remove (24" and under) 56 Major BID - 00081 Concrete Pipe-21 Inch-CLIII - Install 57 Major BID - 00082 Concrete Pipe-24 Inch-Cl. III - Install 58 Major BID - 00086 Concrete Pipe-42 Inch-Cl. III - Install 59 Major BID - 00087 Concrete Pipe-48 Inch-Cl. III - Install 60 Minor BID - 00103 Concrete Inlet -Drop > Than 4 Ft - Install (4' Standard Square Inlet) 61 Minor BID - 00103 Concrete Inlet -Drop > Than 4 Ft - Install (5' Standard Square Inlet) 62 Minor BID - 00111 Concrete Inlet-Recessed-10 FT - Install 63 Minor BID - 00115 Concrete Manhole - Install - TxDOT Type'M' Manhole Riser on 8' x 4' Box, 64 Minor BID - 00115A Concrete Manhole - Install (4' X 4') 65 Minor BID - 00115B Concrete Manhole - Install (5' X 5') 66 Collection BID - 00372 ServiceCS Trench Excavation Safetry Program 67 Major BID - 00857 Concrete Box Culvert-10FTX7FT - Install (Cast In Place) (Addendum #1) 68 Major BID - 00880 Concrete Box Clvert-eFTx4FT - Install (Cast In Place) (Addendum #1) 69 Major BID - 00880 Concrete Box Clvert-eFTx4FT - Install 70 Paving BID - 01221 Steel Pedestrian Railing (PR2) 71 Major BID - 00094 Rock (Item Removed from Plans) (Addendum #2) TRAFFIC SIGNAL IMPROVEMENTS CPM5 Record Sub Group I Number Material Description TOTAL PAVING IMPROVEMENTS: $884,637.90 Unit of Measure Quantity Your Unit Price Your Bid CY 70 $ 430.00 $ 30,100.00 EA 1 $ 1,500,00 $ 1.500.00 EA 1 $ 4,500.00 $ 4,500.00 EA 1 $ 1,050.00 $ 1,050.00 EA 4 $ 350.00 $ 1,400.00 LF 150 $ 10,00 $ 1,500.00 LF 125 $ 66.00 $ 8,250.00 LF 985 $ 70.00 $ 68,950.00 LF 40 $ 109.00 $ 4,360.00 LF 370 $ 120 00 $ 47,360.00 EA 1 $ 3,700.00 $ 3,700.00 EA 1 $ 3.950.00 $ 3,950.00 EA 7 $ 2,400,00 $ 16,800.00 EA 2 $ 1,650.00 $ 3,300.00 EA 1 $ 3,150.00 $ 3,150.00 EA 2 $ 3,750.00 $ 7,500.00 LF 2,475 $ 0,10 $ 247.50 LF 540 $ 347.00 $ 187,380.00 LF 100 $ 252,00 $ 25,200.00 LF 365 $ 293.00 $ 106,945.00 LF 190 $ 54.00 $ 10,260.00 TOTAL DRAINAGE I NPROVEMENTS: $637,402.50 Unit of Measure Quantity I Your Unit Price Your Bid r I' i 1 72 Signal-Opticom Cable & Detectors - Install (Addition of Video Detection Zone, Sheet Traffic BID 00514 Assembly 64) (Addendum #1) Traffic BID 01061 Assembly Signs Writernational Pedestrian Signal Type P - install (Addendum #1) 73 Traffic BID 01061 Assembly Signal - Loop Detector Saw Cut - Install (Addendum #1) Traffic BID 01067 Assembly Signal -Pedestrian Pushbutton & Sign Assembly - Install (Addendum #1) Signal - Salvage Existing Traffic Signal Equipment - Remove (Bottom Green Arrow - 74 Traffic BID - 01068 Assembly Per Plan Sheet 64) (Addendum #1) Signal -Signal Head 6 Section House Head Type E - Install (Signal Number2 - Per Plan 75 Traffic BID - 01071 Assembly Sheet 64) (Addendum #1) 76 Traffic BID - 01114 Assembly Electric Ground Box with Lid - Small - Install (Ground Box, Sheet 62) (Addendum #1) 77 Lighting BID - 01114 PVC Conduit -Schedule 40 PVC, 2 Inch - Install (Sheet 62) (Addendum #1) 78 BID - 01226 Conductor Cable, (Sheet 62) (Addendum #1) TOTAL PAVING IMPROVEMENTS: TOTAL DRAINAGE IMPROVEMENTS: TOTAL SIGNAL IMPROVEMENTS: LS 1 $ 149.60 $ 149.50 EA 2 $ 670.00 $ 1,140.00 LF 368 $ 6.10 $ 2,244.80 EA 2 $ 240.00 $ 480.00 EA 1 $ $50.00 $ 850.00 EA 1 $ 1,126.00 $ 1,125.00 EA 1 $ 460.00 $ 450.00 LF 10 $ 20.00 $ 200.00 LF 150 $ 0,60 $ 90.00 TOTAL SIGNAL IMPROVEMENTS: $6,729.30 $884,637.90 $537,402.50 $6,729.30 TOTAL: BASE BID $1,428,769.70 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 amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. 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 Specifications 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 y. to complete the contract within 424 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Check One Box and complete, as applicable) ❑ The principal place of business of our company is in the State of a. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. b. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. 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 Respectfu ubmitted, addenda: By: �. Addendum No. 1: 9(W\, / - Addendum No. 2: W"hn Title: P Ap S / e(01 l4T Addendum No. 3: OYV\ .. Addendum No. 4: Company: Addendum No. 5: McCWWon Ccxisbudm Co., Inc. Addendum No. 6: Address: P.O. BOX M -. Burleson, TX 76097 Date: ( � / .2-6 i I 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-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications. The failure of out-of-state or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: 11AcClen&n Con6tr11CW CO., W. P.O. Box 999 Burleson, TX 76097 By Company (Please print) 0 0/ Signature: Address Titre: Z-0-� City/State/Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION M PRE -QUALIFIED SUB -CONTRACTOR LIST SUB -CONTRACTOR Indicate Detail Company Name Unit(s)/Section(s) Subcontracting Address Working Work Telephone/Fax TV TP C. C.o u k ( 1A. T 2- CO G. 1..4— AAe-['s e l e c Pr ,il- e, 6�✓A duiA"s GA1210\4473-01\Specifications\100%\04.5 - Pre -Qualified Contractor List - WTR - (PMO_Released_20100609).xis .. no y. SECTION 5 — GENERAL AND SPECIAL CONDITIONS 5.1 Part C — General Conditions (Water -Sewer) 5.2 Supplementary Conditions to Part C (Water -Sewer) 5.3 Part D — Special Conditions (Water -Sewer) 5.4 Part DA — Additional Special Conditions (Water -Sewer) 5.5 Special Provisions (Paving -Drainage) 5.6 Wage Rates 5.7 Standard Details (Water -Sewer) 5.8 Standard Details (Paving -Drainage) G:X1210W463-01XSpeciflcaUonski00% Specs\05.0 - SECTION 5 COVER.doc PART C - GENERAL CONDITIONS TABLE OF CONTENTS OCTOBER 19, 2009 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1 (1) C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (2) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) C1-1.6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bonds Cl-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (3) C1-1.18 Director, City Water Department C1-1 (3) C1-1.19 Engineer C1-1 (3) C1-1.20. Contractor C1-1 (3) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day Cl-1 (4) C1-1.24 Calendar Days C1-1 (4) C1-1.25 Legal Holidays C1-1 (4). C1-1.26 Abbreviations C1-1 (4) C1-1.27 Change Order. C1-1 (5) C1-1.28 Paved Streets and Alleys C1-1 (5) C1-1.29 Unpaved Streets or Alleys C1-1 (6) C1-1.30 City Street C1-1 (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (2) (1) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) C2-2.7 Delivery of Proposal C2-2 (3) C2-2.8 Withdrawing Proposals C2-2 (3) C2-2.9 Telegraphic Modifications of Proposals C2-2 (3) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (4)- C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals 0-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (1) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities 0-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (3) C3-3.9 Failure to Execute Contract C3-3 (3) C-3t3.10 Beginning Work C3-3 (4) C3-3.11 Insurance 0-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls 0-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) C3-3.15 Venue 0-3 (7) C44 SCOPE OF WORK C44.1 Intent of Contract Documents C4-4 (1) C44.2 Special Provisions C44 (1) C4-4.3 Increased or Decreased Quantities C44 (1) C44.4 Alteration of Contract Documents C4-4 (2) C44.5 Extra Work C44 (2) C4-4.6 Construction Schedule C44 (3) C4-4.7 Schedule Tiers Special Instructions C44 (6) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (1) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 •Emergency and/or Rectification Work C5-5 (2) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) (2) ! ! 4M ! em *. 4, C5-5.8 Authority and Duties of City Inspector C5-5 (3) C5-5.9 Inspection C5-5 (4) C5-5.10. Removal of Defective and Unauthorized.Work C5-5 (4) C5-5.11 Substitute Materials or Equipment C5-5 (4) C5-5.12 Samples and Tests of Materials C5-5 (5) C5-5.13 Storage of Materials C5-5 (5) C5-5.14 Existing Structures and Utilities C5-5 (5) C5-5.15 Interruption of Service C5-5 (6) C5-5.16 Mutual Responsibility of Contractors C5-5 (7) C5-5.17 Clean -Up C5-5 (7) C5-5.18 Final Inspection C5-5 (8) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials, and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (1) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges f Contractor in Streets, Alleys, C6-6 (3) and Right -of -Way C6-6.7 Railway Crossings C6-6 (3) C6-6.8 Barricades, Warnings and Flagmen C6-6 (3) C6-6.9 Use of Explosives, Drop Weight, Etc. C6-6 (4). C6-6.10 Work Within Easements C6-6 (5) C6.6.11 Independent Contractor C6-6 (6) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (6) C6-6.13 Contractor's Claim for Damages C6-6 (8) C6-6.14 Adjustment or Relocation of Public Utilities, Etc. C6-6 (8) C6-6.15 Temporary Sewer and Drain Connections C6-6 (8) C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (9), C6-6.17 Use of a Section or Portion of the Work C6-6 (9) C6-6.18 Contractor's Responsibility for the Work C6-6 (9) C6-6.19 No Waiver of Legal Rights C6-6 (9) C6-6.20 Personal Liability of Public Officials C6-6 (10) C6-6.21 State Sales Tax C6-6 (10) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of The Work C7-7 (1) C7-7.4 Limitation of Operations C7-7 (2) C7-7.5 Character of Workmen and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (3) C7-7.8 Extension of Time Completion C7-7 (3) (3) C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (4) C7-7.11 Suspension by Court Order C7-7 (5) C7-7.12 Temporary Suspension C7-7 (5) C7-7.13 Termination of Contract due to National Emergency C7-7 (6) C7-7.14 Suspension or Abandonment of the Work C7-7 (6) and Annulment of the Contract: C7-7.15 Fulfillment of Contract C7-7 (8) C7-7.16 Termination for Convenience of the Owner C7-7 (8) C7-7.17 Safety Methods and Practices C7-7 (11) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement Of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) C8-8.8 Final Payment C8-8 (3) C8-8.9 Adequacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) C8-8.13 Record Documents C8-8 (4) (4) M .. PART C - GENERAL CONDITIONS CI-1 DEFINITIONS 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 in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS El -White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White -F 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 PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 (1) FM C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company,. association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Whenever there may be a conflict between the General Conditions and the Special Conditions, the latter shall take precedence. . 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 is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship,. equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BONDS: The bond or bonds are the, written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) ' b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1 (2) On SM FM Mk OM C 1-1.10 . CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. 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 the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. _ 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 tern of the City of Fort Worth, Texas. C 1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. •- C 1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. .. C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. C 1-1.18 DIRECTOR. CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly •. authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth -- City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting C1-1 (3) directly or through a duly authorized representative. A sub -contractor is a person, firm, corporation, supplying labor and materials or only labor, for the work at the site of the project. C1-1.21 SURETIES: The Corporate bodies .which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. 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. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 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 2. M.L. King, Jr. Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Thanksgiving Friday 8. Christmas Day 9. Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Forth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: : C1-1 (4) FM r AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second IAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic _ Materials % - Percentum AWWA - American Water Works R - Radius Association I.D. - Inside Diameter i ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation Asph. - Asphalt F - Fahrenheit Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch CI - Cast Iron Ft. - Foot i CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. i - Maximum D.I. - 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 25% of the amount of the particular item or items in the original proposal. i All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. Cl-1(5) C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for "Paved Streets and Alleys." C1-1.30 CITY STREET: 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') 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 an unimproved 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. C1-1 (6) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with Proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's - general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week urior to the hour for ouenina of bids. - The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must W reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been completed not more than five (5) years prior to the date on = which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF OUANTTTIES: 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 annroximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the --- actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way *- invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2 (1) C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into' the original Contract Documents. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations; tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner _ or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima -facie evidence that the bidder has made the investigation, examinations and tests _ herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed., The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the i form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, thename. and address of .each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal _ signed by an official or duly authorized agent: The corporate seal must be affixed. Power C2-2 (2) of Attorney authorizing agents or others to sign proposal must be properly certified and _ must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: 'No proposal will be considered unless it is accompanied by a "Proposal Security' of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the _ Bidder will within the required time execute a formal contract and fiunish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless 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 marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. -. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannotbe withdrawn prior to the time set for opening proposals. A request for non -consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non - consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is -- satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal — opening time, no further consideration will be given to the proposal. C2-2 (3) FM C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non -consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and -to make the award of the contract to the best ' interest of the City. Tendering a proposal after the closing hour is an irregularity which can not be waived. C2-2.12 DISOUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated.. c) The bidder being interested in any litigation against the Owner or where 'T the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of- competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in .the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder, not filing with the Owner, one weekinadvance of the hour of i the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions 2. A current experience record showing especially the projects of a nature similar ,to the one under consideration, which have been successfully completed by the Bidder. 3. , An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who,. in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2 (4) PART C - GENERAL CONDITIONS — C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. -- Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman -owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. — C3-3.3 EOUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on -� which the proposals were opened. C3-3 (1) C 3-3.5 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 award is made, will be to the lowest and best resaonsive 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 the amount of not less than 100 percent of the amount of the contract, as _ evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other .persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. _ b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article C3-3 (2) 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56 h Legislature, Regular Session, 1959, 'effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. _. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined 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 appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) M suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. P. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in' the written authorization usually termed "Work Order" or "Proceed Order", it is agreed, that the Surety Company will,- within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and '! such insurance has been approved by the Owner. The prime .Contractor shall be responsible for delivering to the Owner the sub -contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub -contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub -contractors. .. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub -contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above -mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability -for acts of sub -contractors). C3-3 (4) 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavation are performed adiacent to same). 4. Damage to underground utilities for $500,000. 5. Builder's risk (where above -ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The 'insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub -contractors, respectively, against damage claims which may arise from operations under this contract, whether such _ operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub -contractors, should the Prime 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 C3-3 (5) _ RM M performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or- agents having an office located within the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, 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 such bonds and certificates of insurance. f C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each pa*11 period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the -Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth -Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate, insurance or security coverage. for the project. Such local authority for the. administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth - Dallas ,metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on' the project, all C3-3 (6) appropriately signed and sealed, as applicable, by the Contractor's responsible offices with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that. all matters associated with the — Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his. sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working -- time will be allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: venue of any action hereinunder shall be exclusively in Tarrant — County, Texas. C3-3 (7) PART C - GENERAL CONDITIONS _ C4-4 SCOPE OF WORK SECTION C44 SCOPE OF WORK C44.1 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 or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these .. Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, the "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda. _ All such "Special Provisions" shall be considered to be part of the Contract Documents just as though they were originally written therein. C443 INCREASED OR DECREASED OUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than twenty-five (25) percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. .. C4-4 (1) so C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. = b. An agreed lump sum. C. The actual reasonable cost of (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 percent of the actual cost of such extra work The fixed fee is not to include any additional profit to the Contractor for rental of = equipment owner by him and used for extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and — (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. C4-4 (2) Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item Q. Claims for extra work will not be paid unless the Contractor shall file his claim with the i Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. The Contractor shall fiirnish 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. C446 CONSTRUCTION SCHEDULE: Before commencing any work under this contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by OWNER) Primavera Contractor (Version 6.1 or later or approved by OWNER) Primavera SureTrak (Version 3.x or later or approved by OWNER) Microsoft Project (Version 2003/2007 or later or approved by OWNER) It is suggested that the CONTRACTOR employ or retain the services of a qualified Project Scheduler to develop the required schedules. A qualified Project Scheduler would have the following minimum capabilities and experience. a. Experience preparing and maintaining detailed schedules, as well as 1 year of experience using approved scheduling . software systems as defined in this specification. " "b. Knowledge ""of Critical Path Method ''of scheduling and the ability to analyze schedules to determine duration, resource allocation, and logic issues. C4-4 (3) c. Understanding of construction work processes to the extent that a logical critical path method schedule can be developed, maintained, and progressed that accurately represents the scope of work performed. C44.6(a) BASELINE CONSTRUCTION SCHEDULE: The CONTRACTOR shall develop, submit and review the draft detailed baseline construction schedule with the OWNER to demonstrate the CONTRACTOR's understanding of the contract requirements and approach for performing the work. The CONTRACTOR will prepare the final detailed baseline construction schedule based on OWNER comments, if any. The CONTRA.CTOR's first (1st) payment application will only be processed after the detailed baseline construction schedule has been submitted by the CONTRACTOR and accepted by the OWNER. The following guidelines shall be adhered to in preparing the baseline construction schedule. a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements, and completion time. b. The construction progress shall be divided into activities with time durations no greater than 20 work days. Fabrication, delivery and submittal activities are exceptions to this guideline. c. Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. The critical path shall be clearly shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall be divided into general activities as. indicated in the Schedule Guidance Document and each general activity shall be broken down into sub - activities in enough detail to achieve sub -activities of no greater than 201days duration. The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein. For each general activity, the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts applicable to the project, the construction schedule shall indicate the following: procurement, construction, pre -acceptance activities, and C4-4 (4) events in their logical sequence for equipment and materials. Include applicable activities and milestones such as: 0. 1. Milestone for formal Notice to Proceed 2. Milestone for Final Completion or other completion dates specified in the contract documents 3. Preparation and transmittal of submittals 4. Submittal review periods 5. Shop fabrication and delivery 6. Erection and installation 7. Transmittal of manufacturer's operation and maintenance instructions 8. Installed equipment and material testing 9. Owner.'s operator instructions (if applicable) io. Final inspection 11.Operational testing C4-4.6(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall prepare and submit monthly to the OWNER for approval the updated ' schedule in accordance with C4-4.6 and C4-4.7 and the OWNER's Schedule Guidance Document inclusive. As the Work progresses, the CONTRACTOR shallenter into the schedule and record actual progress as described in the Schedule Guidance Document. The updated schedule submittal shall also include a concise narrative report that —' highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the OWNER should be aware of or can assist with, • Other schedule -related issues that the CONTRACTOR wishes to communicate to the OWNER. a. The CONTRACTOR's monthly progress payment applications will not be accepted and processed for payment without monthly schedule updates, submitted in the time ,^ and manner required by this specification and the Schedule Guidance Document, and which accurately reflects the allowable costs due under the Contract Documents and is accepted by the OWNER. b. Only one schedule update will be required per month in accordance with the Schedule Guidance Document and this specification. c. Failure to maintain the Schedule in an accepted status may result in the OWNER withholding payment to the CONTRACTOR until the schedule is accepted. C4-4 (5) .. .. C-4-4.6(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: If, in the opinion of the OWNER, work accomplished falls behind that scheduled, the CONTRACTOR shall take such action as necessary to improve his progress. In addition, the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time. Failure of the CONTRACTOR to comply with these requirements shall be considered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with . due diligence as will ensure completion within the time specified in the Contract. C44.7 SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents. The requirements for each Tier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents. TIER 3 COST LOADING SPECIAL INSTRUCTIONS: 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost -loaded with the total contract dollars associated with the respective ABS elements. TIER 4 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 3 requirements, and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER's standard items) shall be loaded into the scheduling software using the "NON - LABOR" resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars. It is intended that Earned Value will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 4 requirements, and additionally the following: • Labor resources (Man -Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and without cost. C4-4 (6) 0- OM PART C - GENERAL CONDITIONS i C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction 'of the' Engineer and in strict compliance with the Contract Documents. The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the i Contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. The Engineer shall determine the amount and quality of the work completed and materials finnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. i C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross -sections, finish, and dimensionsshown on the plans or any other requirements other wise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide .for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specification, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the C5-5 (1) Contract Documents, and the owner shall be permitted to make such corrections or no interpretations as may be. deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shallimmediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the MP progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who MR are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas, and shall be subject to call, as is the project superintendent, at -any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property, across which the project extends.or the safety of the property contiguous to the project routing. MR The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond •- with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar -day or a working -day basis. Should the Contractor fail to respond to a request from the. Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the C5-5 (2) discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds PM due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, .if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air _ conditioned, lighted, and weather proof, so that documents will not be damaged by the elements. C5-5.7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and lines, grades and' measurements will be established by means, of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to : report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or * other infringements. Such inspection or lack of inspection will not relieve the ,^ Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not; however, be authorized to revoke, alter; enlarge, or release any requirement of these Contract Documents; nor to approve or accept any portion or section of the work, nor to issue any instructions contrary tot .he requirement s of the C5-5 (3) Contract Documents. The City Inspector will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and ., instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents of the Contract Documents, provided, however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in Controversy. 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 Work so exposed or examined prove to be unacceptable, the uncovering or removing and replacing of all adjacent defective or damaged. parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK:All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of — the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. C5-5.11 SUBSTITUTE MATERIALS OR EOUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the function called for by the general design, be similar and of equal substance to that specified and be suited to the same use and C5-5 (4) capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold _ harmless Owner and Engineer and anyone.directly or indirectly employees 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 OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct. to the testing agency by the Owner unless other wise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the contractor of his responsibility, of i 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 materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the i requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. C5=5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location. and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities. The location of many'gas mains, water mains, conduits, sewer lines.and service lines for C5-5 (5) all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or - conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all -. existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all utility companies at least forty-eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's door knob. The tag shall be durable in composition, and in large bold letters shall say: C5-5 (6) WN "NOTICE" �* Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on between the hours of Iand This inconvenience will be as short as possible. i Thank You, Contractor Address Phone b. Emergencv: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub -contractor shall suffer loss or damage of the work, the Contractor agrees to settle with such other Contractor or sub -contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any claim against the owner on account of .damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save T 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. Twenty-four (24) hours after written notice is given the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the. City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs. of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5 (7) ., r. 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 a Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (8) i PART C - GENERAL CONDITIONS _ C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY FM 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 or misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices 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, i 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 price shall include all royalties or cost 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 trade -mark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall. indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon the design, type of construction or material or equipment specified in the Contract Documents famished 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 tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by C6-6(1) the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement or crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer, If diversion of traffic is approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work or materials furnished by the Owner or by the City shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in .. connection with such crossings shall include the roadway approaches as well as the structures of such crossings. C6-6(2) The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS. ALLEYS. AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes maybe stored in such space, but no more than is necessary to- avoid delay in the construction operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for till purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall _ give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra compensation for such railway crossings unless _ specifically set forth in the Contract Documents. C6-6.8 BARRICADES. WARNINGS AND WATCHMEN: Where the work is _ carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary ,r measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in,a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning _ light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under C6-6(3) construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own -� expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the Work and materials involved in the constructing, providing, - and maintaining of barricades, signs, fences, and lights or salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES. DROP WEIGHT. ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in advance of the use of any C6-6(4) PM activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special PM Conditions Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he. -has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into _ private property, the Owner will provide such right-of-way or easement privileges, as the City may' deem necessary for the prosecution of the work. Any additional rights -of -way or work area considered necessary by the Contractor shall be provided by him at his _ expense. Such additional rights -of -way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private :property -for any i purpose without having previously obtained permission from the owner of such property. The Contractorwill not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, _ sewer, and gas lines, to all conduits, overhead pole lines, -or appurtenances thereof, including the construction of .temporary fences and to all other public or private property adjacent to the work. The Contractor shall notify the proper representatives of the owners or, occupants of the public or private lands of interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, 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 i defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of non -execution thereof on the part of the Contractor,. he shall restore or have restored as his cost and expense such property to a condition at least, equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise PM C6-6(5) replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should w additional fence cuts be necessary, the Contractor shall provide cross -braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not- in progress and when .the site is vacated overnight, and/or at all times to prevent �. livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with —. this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. — C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the Owner. — Contractor shall have exclusive control of and exclusive right to control the details of all work and services performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractor, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a — partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of — whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents, employees, contractors, subcontractors, licensees or invitees of the C6-6(6) Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage or loss, and/or personal injuries, including death, to any and all person of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors; subcontractors, licensees or invitees, whether or I ot caused, in whole or in apart, by alleged negligence of officers, agents, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise '— covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against -the contractor or its subcontractors _ remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, w such -semi-final payment to be in the amount equal to the total dollar amount'then due less the dollar value of any written . claims pending against the. Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall,not recommend final payment to a. Contractor against whom such -a claim for damages is outstanding for a period of six months .following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory tot he Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. _ If condition (1) ,above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the C6-6(7) .AL M Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation foe any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25h day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES. ETC.: In case �- it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by the performance of this Contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets -� or divisions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other - structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6(8) PM C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery _ shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 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 made at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City ordinance, or where no ordinances applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable con4ition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work .or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor at his expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written _ acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessaryprecaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: . Inspection by the Engineer or, any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6(9) i C6-6.20 PERSONAL LIABRM- OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, .., either personally or other wise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, and organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use. Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance i of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall complywith the provision of State Comptroller's Ruling .011, and any other applicable State Comptroller's rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly -owner improvement in a street right-of-way or other easement which has been dedicated to the — public and the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (I) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. i Texas Limited Sales, Excise, and Use Tax Act permits and information can be obtained from: Comptroller of Public Accounts Sales Tax Division -• Capitol Station Austin, TX EM M C6-6(10) i i PM PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, _ and with the assistance of workmen under his. immediate superintendance, work of a value of not less than -fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with -the Contractor. Subcontractors will be considered only in :the -capacity of employees or _ workmen of .the Contractor and shall be subject tot he same requirements as 7 to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, or otherwise dispose of the contract or his rights, title, or interest in or tothe same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof; to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any states, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it _ would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operations, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering _ materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. C7-7(1) The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any Deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all - times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way -, greater than is necessary for proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EOUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring from outside the — City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties and tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or to be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglect or refuses to comply with or carry out the direction of the owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work. Workmen or adjacent property will result from its use. C7-7(2) C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in C1-1.23 "WORKING DAYS" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later that the preceding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or _ Legal Holiday. must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday,. Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. OM C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents _ and set forth in the Work Order. Failure to do so shall be considered by the owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time _ as may be properly authorized. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an _ extension of time of completion shall be considered only when the request for such extension is. submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall occurred. Should an extension of the time of completion w be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes, or delays of sub -contractors due to such causes.. C7-7(3) When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the �. Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time mat be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and referred by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor ., to an equivalent extension of time, his application for shall, however, be subject to the approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall - remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal, the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. C7-7(4) AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES PER DAY Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100;000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 $ 500,001 to $ 1,000,000 inclusive $ 315.00 $ 1,000,001 to $ 2,000,000 inclusive $ 420.00 $ 2,000,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that .the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. 1 C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take. every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete 'a portion of the project due to causes beyond -the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THETIME OF COMPLETION, and should it be C7-7(5) determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that ., construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United — States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days •. notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, -the owner finds that such conditions existing and that the inability of the �. Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and .the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include. But not be limited to the payment for all work executed but not anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the - work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7-7(6) C. Failure of the Contractor to provide and maintain sufficient labor and _ equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of _ any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A Copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the �. contract is canceled, the Contractor shall discontinue the work or such part thereof as the owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has _ been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. C7-7(7) In case the Sureties do not, within the hereinabove specified time, exercise their right and fi option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such work thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the Owner. oft 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: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) claim, demand or suit shall be required of the Owner regarding such discretionary action B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, _ services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in _ progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and b. The completed, or partially completed plans, _ drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. _ 5. complete performance of such work as shall not have been terminated by the notice of termination; and _ 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the _ property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. _ At a time not later than .30 days after the. termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of C7-7(9) which has been directed or authorized by Engineer, Not later than 15 days thereafter, the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after the notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. T 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 C7-7.1(C), the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of the work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the contract price work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits> Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor by reason of the. termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of the work pursuant to this section, the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C7-7(10) 2. any claim which the Owner may have against the Contractor in connection with this contract; and 3. the agreed price for, or the proceeds of the sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. 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. Engineera request in writing for an equitable adjustment of .� the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of _ termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; noting contained herein, however, shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Noting contained in this section shall limit or alter the rights which the Owner may have for termination of this i contract under C7-7.14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNUIIAENT OF CONTRACT' or any other right which the Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7(11) PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF OUANTIIIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finishing costs, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other clauses, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or �• any and all infringements of patents, trademarks, copyrights, or other legal reservations, C8-8(1) and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, _ imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the I" and the 5t' day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the I& day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100.00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract _ amount is less than $400,000.00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing _ estimates on forms furnished by the City. The partial estimates may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed _ (such payment will be allowed on a basis of 85% of the net invoice value thereof). The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. _ It is. understood that partial estimates from month to month will be approximate only, 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 quantity of sufficiency, or as an acceptance of the work done or the release _ of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) 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. C8-83 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for- by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments .and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; A. all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, -- B. that the wage scale established by the City Council in the City of Fort Worth has been paid, and C. that there are no claims pending for personal injury and/or property damages. T The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. C8-8(3) W The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEOUACY OF DESIGN: It is understood that the Owner believes it has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure,=and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and ' alterations thereof approved in writing by the Owner. The, burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract Documents, approved modifications thereof, and all alterations thereof ' C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor '^ shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer.period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work . specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each .� bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for _ miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one - tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the Project. C8-8.13 RECORD DOCUMENTS: The Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the C8-8(4) as site, in good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. C8-8(5) SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the loth day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof,. but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net -� voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). •. Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. ow 0 C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR .' INSURANCT' .......� 1-1 Revised 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 indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of or alleged to arise out of the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv. damage or death is caused. in whole or in Part. by the negligence or alleged ne li ence of Owner. its ofricers. servants. or emplovees. 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 anv such iniury or damage is caused in whole or in Part by the pegligence or alleged negjieence of Owner. its off(cers. servants or emmlovees. _ 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 on 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. ON The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result 'of work performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C - General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shallsuch changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL Revised Pg. 2 10/24/02 INSURANCE REOUIREMENTS" R a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior, to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current AM. Best rating of A: VII or equivalent measure of financial strength and solvency. £ Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L Contractor's liability shall not be limited to the specified amounts of insurance required herein. Revised Pg. 3 10/24/02 MEMi 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 Runishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or- imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or- about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty. at page C8-8(4) is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Revised Pg. 4 'W 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 responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the 'Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. -� C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided finther, 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 from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the R 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 C3-3.1.1 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: b-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor -agrees that the City shall haveaccess during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that .the subcontractor, agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent. books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall:give subcontractor reasonable advance notice on 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 per page Revised Pg. 6 Wo 10/24/02 2, More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter M. SITE PREPARATION: The Contractor shall clear rights -of -way or easements of obstruction which must be _ removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part. C - General Conditions, Section C6-6.8 BARRICADES. WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS _ ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the _ commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent _ misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. Revised Pg. 7 10/24/02 pm Oft P. WAGE TES:- Section ;C3'- = ^3;`oftlie: Generd' Conditions is de ect auc replaced with . tl.e following: Old (a� The contractor shall comply with fire' it" is of Chapter 2258, Teas Government 'Code, includiwg the payment of not less than the rates :determined liy'the City Cotincit of the City of Fort Worth to be the prevading wage rates in accordance with Chapter 2258, Terms "Government Code. Such O*Aja g wage fates gp inchule'd m these contract �.oCuwents .... ..... � (b) The contractorshall, for a penod ofthree (3) yearn follovv�iig the date of acceptance of the work, maintain records that show Q, the naYne , occupaho 'of each worker: employed by the contractor in the'constnichon of the work' for w this contract; and (n')'the actual per diem wages paid to' each vt�orker. These records shall be;open at, all easonabie hours fornispection by the City Tle provions'of Section :ucut (Rey 9/0/Q2) peztaui to this inspection '�.. r,. .-:f5:. :4;:11,:a•""�d•';x:: L.}r.t4=' 'sP ` s7P^:T`ia i'T:7,;. g. fife ,� e) Tiio contractor mchtde ins subcontracts andlbr sotherose re,al1 o*� ubconfracxors to comply with paxagraghs':(a). and (b).a1wVe (d) With eacli'parhal payment estunate orpayroll penod, wlnchever is less, adavit 10�4that the contractor has complied w&h the requirements of Chapter fi2S$ Teicas s' Government Code. ::contracP.tor shall`pgst the'wg'wag rates:d a`cinspicuoisplace:{at ,.:. , -. pm�ecfi.•at�.all tnnesr .e pm PM ON Revised Pg. 8 10/24/02 PART D - SPECIAL CONDITIONS D-1 GENERAL............................................................................................................................3 D-2 COORDINATION MEETING ................................. ...... .......................................................... 6 D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ......................6 D- 4 COORDINATION WITH FORT WORTH WATER DEPARTMENT......................................8 D- 5 CROSSING OF EXISTING UTILITIES...............................................................:.................8 D- 6 EXISTING UTILITIES AND IMPROVEMENTS.....................................................................9 _ D- 7 CONSTRUCTION TRAFFIC OVER PIPELINES..................................................................9 D- 8 TRAFFIC CONTROL........................................................................................................10 D- 9 DETOURS.........................................................................................................................11 D-10 EXAMINATION OF SITE...............................................................................................11 D-11 ZONING COMPLIANCE.................................................................................................11 D-12 WATER FOR CONSTRUCTION....................................................................................11 - D-13 WASTE MATERIAL.......................................................................................................11 D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE........................................................11 D-15 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES..............................12 D-16 BID QUANTITIES ................................. ......12 ................................................................... D-17 CUTTING OF CONCRETE ......................................... :.................................................. 12 D-18 PROJECT DESIGNATION SIGN.....................................:...........:................................. 12 _ D-19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT........................................13 D- 20 MISCELLANEOUS PLACEMENT OF MATERIAL..........................................................13 D- 21 CRUSHED LIMESTONE BACKFILL..............................................................................13 D- 22 2:27 CONCRETE...........................................................................................................14 _ D- 23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION...........................................14 D- 24 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY-CUTS..............15 D- 25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) ..................16 -" D- 26 SANITARY SEWER MANHOLES..................................................................................17 D- 27 SANITARY SEWER SERVICES ........................................ ....20 ........................................ D- 28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES..................21 D- 29 DETECTABLE WARNING TAPES ........................ ..24 ....................................................... D- 30 PIPE CLEANING............................................................................................................24 D- 31 DISPOSAL OF SPOIUFILL MATERIAL.........................................................................24 - D- 32 MECHANICS AND MATERIALMEN'S LIEN......................................................:.............24 D- 33 SUBSTITUTIONS............................................................ . ..:..........24 ................................. D- 34 PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER...............25 .. D- 35 VACUUM TESTING OF SANITARY SEWER MANHOLES.............................................28 D- 36 ........................... BYPASS PUMPING....................................................................... .....29 D- 37 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............29 D- 38 SAMPLES AND QUALITY CONTROL TESTING...........................................................31 D- 39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE).................................................................................32 D- 40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ..........................33 '! D- 41 PROTECTION OF TREES, PLANTS AND SOIL D- 42 SITE RESTORATION....................................................................................................33 D-43 CITY OF FORT WORTH STANDARD PRODUCT LIST................................................34 D- 44 TOPSOIL, SODDING SEEDING & HYDROMULCHING 34 D- 45 CONFINED SPACE ENTRY PROGRAM.......................................................................39 D- 46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION..............................40 �- D-47 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS)........................40 D- 48 CONCRETE ENCASEMENT OF SEWER PIPE ............:................................... D- 49 CLAY DAM.....................................................................................................................41 0210912010 SC-1 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS D- 50 EXPLORATORY EXCAVATION (D-HOLE).......................................... :......................... 41 D- 51 INSTALLATION OF WATER FACILITIES......................................................................41 51.1 Polyvinyl Chloride (PVC) Water Pipe ................................. :.......................................... 41 51.2 Blocking......................................................................................................................42 51.3 Type of Casing Pipe.....................................................................................................42 51.4 Tie-Ins..........................................................................................................................42 51.5 Connection of Existing Mains ..................................................... :................................. 42 51.6 Valve Cut-Ins..................................................................:............................................43 51.7 Water Services............................................................................................................43 51.8 2-Inch Temporary Service Line....................................................................................45 51.9 Purging and Sterilization of Water Lines......................................................................46 51.10 Work Near Pressure Plane Boundaries ... :...................................................................... 6 51.11 Water Sample Station..................................................................................................47 51.12 Ductile Iron and Gray Iron Fittings................::..............................................................47 D- 52 SPRINKLING FOR DUST CONTROL .................. .......::..:............................................... 0 D- 53 DEWATERING D- 54 TRENCH EXCAVATION ON DEEP TRENCHES...........................................................48 D- 55 TREE PRUNING.......................................................................................................48 D- 56 TREE REMOVAL...:....................................:....:.............................................................49 D- 57 TEST HOLES ....................................... :......................................................................... 49 D- 58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION..........:.....:.......:......................:.................:...................................................50 D- 59 TRAFFIC BUTTONS ................................... .. .................................................................50 D- 60 SANITARY SEWER SERVICE CLEANOUTS:...............................................................51 -, D- 61 TEMPORARY PAVEMENT REPAIR ............. :.................................................................. 51 D- 62 CONSTRUCTION STAKES ................................ ............ ............... ................................ 51 D- 63 EASEMENTS AND PERMITS....................................................................................51 _ D- 64 PRE -CONSTRUCTION NEIGHBORHOOD MEETING ................... :.............................. 52 D- 65 WAGE RATES.............................................................................:................................52 D- 66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE......................................54 D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN1 ACRE).............................................................................................................................54 D-68 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS.....................:.:..:......:.....:.:............::......:....:....:.............................56 D-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD.::................................................57 D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION.......................................................57 D-71 AIR POLLUTION WATCH DAYS......................................:................................................58 D-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS............................................58 0210912010 SC-2 g:11210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS This Part D — Special Conditions is complimentary to Part C — General Conditions and Part C1 — Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C — General Conditions and part C1 — Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C — General Conditions and Part C1 — Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: City of Fort Worth, Texas 2008 Capital Improvements Program Arterial Street Project Ray White Road D.O.E. PROJECT NO. 6226 CITY PROJECT NO. 01294 UNIT I:; .WATER;&. SANITARY:S.EWER REPLACEMENT WATER PRJECT NO P265 531200 6051700950 SEWER PROJECT- N0 P275.531200 70517.00950 Uf 11' JI `PAVING RECONSTRUCTION T..It�jIN PROJECT: NQ C295 53120Q 20540000950. D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: .— 1. Plans 2. Contract Documents 3. Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated above. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to. replace at his expense any part or all of this project which becomes defective due to these causes. Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with latest revisions, are made a part of the General Contract Documents for this project. The Plans, these Special Contract Documents and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturers name, or identification include therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre - qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work. 0210912010 SC-3 g:\1210\4463-01�specifications\100% specs\053 - green,double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doe PART D - SPECIAL CONDITIONS This contract and project, where applicable, may also be governed by the two following published specifications, except as modified by these Special Provisions: 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRALTEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated by the call -out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non -responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: on A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the — official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth PM Purchasing Division; PO Box 17027, Fort Worth, Texas 76102. B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non - consideration are opened and publicly read aloud, the proposals for which non -consideration r- requests have been properly filed may, at the option of the Owner, be returned. unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and, provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic .communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received 02/09/2010 SC-4 g:\1210\4463-01\specifications\1000/o specs\05.3 - green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. 0210912010 SC-5 g:\1210\4463-01\specifications\100*/o specs\05.3 -green double sided -part d -special conditions - paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes, weekly meetings at the job site may be required to maintain the project _ on the desired schedule. The contractor shall be present at all meetings. D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the -` contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory ' requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. PM E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: Fm 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 ,f persons providing services on the project; and 02/09/2010 SC-6 g:\1210\4463-01\specifications\100% specs\05.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc �^ 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 me services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 0210912010 SC-7 gA 1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02=09-10.doc PART D - SPECIAL CONDITIONS 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512) 463-3642 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". D- 4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating, and activating those lines. D- 5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made watertight or be ON PM 0210912010 SC-8 g:\1210\4463-01\speci5cations\100% specs\05.3 - green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc mm 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 sanitarysewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps. Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work, the cost of which shall be included in the price bid in the Proposal for each bid item. D- 6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support, protection and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. It is understood that the — Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of the utilities involved and from evidences found on the ground. D- 7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new 0210912010 SC-9 g.\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions - paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS line and the existing lines from these possibly excessive loads. The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Anv damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense, to the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed. It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his _ construction operation. D- 8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being 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 on 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 w• sign meeting the requirements of the above -referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. .. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the ■- "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The lump sum pay item for traffic control shall cover design and / or installation, and maintenance of the traffic control plan. 0210912010 SC-10 g:\1210\4463-01\spceifications\100% specs\05.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc on PART D - SPECIAL CONDITIONS D- 9 DETOURS The contractor shall prosecute his work in such a manner as to create a minimum of interruption to • traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. D-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and .public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D-11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. D-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. D-13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. _ D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. if, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway, right- 0210912010 SC-11 g:\1210\4463-01\specifications\100% specs\05.3 - green double sided -part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS of -way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth shall give final acceptance 'of the completed project work. D-16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage -type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections_ 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCOR) who will erect temporary mechanical barriers, de - energize the lines, or raise or lower the lines. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCOR, and shall record action taken in each case: 4. The Contractor is required to make arrangements with the ONCOR company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. _ 5. .No person shall. work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-16 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C443 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. D-17 CUTTING OF CONCRETE When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be -F subsidiary to the unit cost of the respective item. D-18 PROJECT DESIGNATION SIGN 0210912010 SCA 2 g:\1210\4463-01 \.specifications\100% specs\05.3 green double sided part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The Engineer shall approve the exact locations and methods of mounting. In addition to the 4' x 8' project signs, project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs 'do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance with Figure 30, except that they shall be V-0" by 2'-0" in size. The information box shall have the following information: For Questions on this Project Call: (817) 392-8306 M-F 7:30 am to 4:30 p.m. or (817) 392-8300 Nights and Weekends Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width, T between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances required, shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair. D- 20 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one -tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D- 21 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 - Materials and Division 2 Item 208.3 - Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill, Construction Specifications, General Contract Documents. 02(09/2010 SC-13 g:\1210\4463-01\specificadons\100%specs\05.3 -green double sided -part d -special conditions - paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS Payment for crushed limestone* backfill in place shall be made at the unit price bid in the- Proposal multiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of Backfill Materials, Construction Specifications, and General Contract Documents. D- 22 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 'STR-028,STR-029 and STR-031 refer to using 2:27 Concrete as base repair. Since this call -out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of ,- concrete. D- 23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the _ stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loadings- of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights -of -way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. — 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated -- material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include — representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back -fill material is not suitable, Type "B" backfill material shall be used only with the consent and approval of the Engineer. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure WTR-029. Sand material specified in WTR-029 shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: PM .• 02/09/2010 SC-14 g:\1210\4463-01\spccifications\100% specs\05.3 -green double sided —part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc .. PART D - SPECIAL CONDITIONS a • Less than 10% passing the #200 sieve • P.I. = 10 or.less Additionally, the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 All other provisions of this section shall remain the same. 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed Backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench. safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, with the exception of Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. ._ D- 24 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures STR-028 through STR-031. The results of the street cores that were conducted on the project streets, to determine HMAC depths on existing streets, are provided in these specifications and contract documents. 0210912010 SC-15 1:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions - paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be. required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Construction Services Section by the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cuts in the street. The Construction Services section will inspect the paving repair after construction. This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Construction Services section. D- 25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas. The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. B. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Sub -Part P - Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. C. DEFINITIONS: 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. 2. BENCHING SYSTEM - Benching means excavating the sides of a trench to form one or a series of horizontal level or steps, usually with vertical or near -vertical surfaces between ^- levels. PM 0210912010 SC-16 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions paginated (water -sewer) wtr02-09-10.doc .. PART D - SPECIAL CONDITIONS 3. SLOPING SYSTEM - Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4. SHIELD SYSTEM - Shields used in trenches are generally referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either pre -manufactured or job -built in accordance with OSHA standards. 5. SHORING SYSTEM - Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave- ins. Shoring systems are generally comprised of cross -braces, vertical rails, (uprights), horizontal rails (wales) and/or sheeting. D. MEASUREMENT - Trench depth is the vertical measurement from the top of the existing IN 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 SANITARY SEWER MANHOLES A. GENERAL: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. For new sewer line installations, the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines. The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction. 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified as per COFW Standard Detail SAN-009. 2. DELETED 3. LIFT HOLES: All lift holes shall be plugged with a pre -cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. FINAL RIM ELEVATIONS: Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole. 0210912010 SC-1 % g:1121044463-01lspecifications1100% specs10S.3 -green double sided -part d - special conditions -paginated (water -sewer) - wtr 02-09-10.doc ■ PART D - SPECIAL CONDITIONS Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. MANHOLE COVERS: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be PAMREX, or approved equal, with 30-inch clear opening. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans. 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow cone manholes shall be built in accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED. 7. MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole. 8. EXTERIOR SURFACE COATING: Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec °46- 450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness. 9. MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed O-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre -formed and trowelable Bitumastic as manufactured by Kent -Seal, Ram-Nek, E-Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross -sectional area or flat -tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre -formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. B. EXECUTION: INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above -specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt, sand, mud, or other foreign matter. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in - accordance with the recommendations. The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over _ manhole opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 02(09n010 SC-18 g:\1210\4463-01\specifications\100%specs\053 -green double sided -part d - special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a - minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block materials other than pre -cast concrete rings, or where necessary and approved by the Engineer, shall be replaced with a pre -cast flattop section. Pre -cast concrete rings, or a pre -cast concrete flattop section will be the only adjustments allowed. In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. Wire. brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an _ application of quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre- formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. — In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. 3. EXPOSED EXTERIOR SURFACES: All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy. Kopper "Bitumastic Super Service Black"; Tnemec "46- 450 Heavy Tnemecol", or equal, to a minimum of 14 mils dry film thickness. 4. The exterior surface of all pre -cast section joints shall be thoroughly cleaned with a wire brush, and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped — with 6 mil plastic to protect the sealant from damage during backfilling. C. MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all — labor, equipment, and materials necessary for construction of the manhole including, but not limited to, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. 02(09/2010 SC-19 &\1210W463-01lspecifications\100% specs105.3 - green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS r The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to, excavation, PE backfill, disposal of materials, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole, including but not limited to, joint sealing, lift hole sealing, and exterior surface coating. _ Payment for concrete collars will be made per each. Payment for manhole inserts will be made per each. D- 27 SANITARY SEWER SERVICES Any reconnection, relocation, re-routes, replacement, or new sanitary sewer service shall be required as shown on the plans, and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The _ service connections shall be constructed by the Contractor utilizing standard factory manufactured tees. City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case -by -case _ basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6.15. D. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications, all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or 'easement line or as directed by the Engineer. Procedures listed below for — Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill, saddles, tees, fittings incidental four (4) feet _ of service line and all other associated appurtenances required shall_ be included in the price bid for Sanitary Sewer Taps. E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line. If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing, whether on public or private property, the City shall provide line and grade for the sewer service lines as shown on the project plans. Prior to installing the applicable sewer main or lateral and the necessary service lines, the Contractor shall verify (by de -holing at the building clean-out)'the elevations 0210912010 SC-20 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d - special conditions -paginated (water -sewer) - wtr02-09-10.doc PM When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, ., then the contract time mat be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and referred by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final -and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subject to the approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall T remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal, the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the - proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete T the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. C7-7(4) AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES PER DAY Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 $ 500,001 to $ 1,000,000 inclusive $ 315.00 $ 1,000,001 to $ 2,000,000 inclusive $ 420.00 $ 2,000,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that .the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. i C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take. every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete 'a portion of the project due to causes beyond -the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THETIME OF COMPLETION, and should it be C7-7(5) go- 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. No The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, -the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and .the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include. But not be limited to the payment for all work executed but not anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the -- work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7-7(6) C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer _ or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or _ workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of _ any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A Copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is canceled, the Contractor shall discontinue the work or such part thereof as the owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and _ may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has _ been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. C7-7(7) In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such work thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose �. of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the - excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the Owner. - C7-7.15 FULFILLMENT OF CONTRACT:The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. .. C7-716 TERMINATION FOR CONVENIENCE OF THE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) claim, demand or suit shall be required of the Owner regarding such _ discretionary action B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, _ services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; 4. transfer title to the Owner and deliver in the manner, at the _ times, and to the extent, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in _ progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and b. The completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such work as shall not have been terminated by the notice of termination; and 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the T property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. At a time not later than .30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, _ certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of C7-7(9) which has been directed or authorized by Engineer, Not later than 15 days thereafter, the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after the notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the provisions of Item C7-7.1(C), the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of the work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the contract price work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits> Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor by reason of the. termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount — to be paid to the Contractor by reason of the termination of the work pursuant to this section, the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C7-7(10) 2. any claim which the Owner may have against the Contractor in connection with this contract; and 3. the agreed price for, or the proceeds of the sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. 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 inwriting for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of •the contract (the portion not terminated by notice of termination), such equitable adjustment as may, be agreed upon shall be T made in such price or prices; noting contained herein, however, shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for, such continued portion. H. NO LIMITATION OF RIGHTS: Noting contained in this section shall Emit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or any other right which the Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. f C7-7(11) PART C GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF OUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finishing costs, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other clauses, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said .. "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item -- as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the -- compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or .. any and all infringements of patents, trademarks, copyrights, or other legal reservations, am C8-8(1) and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by _ the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and 'T acceptance of the work or during the one year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the R 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 1s1 and the 5`s day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10`h day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100.00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000.00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimates may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed (such payment will .be allowed on a basis of 85% of the net invoice value thereof). The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. _ It is. understood that partial estimates from month to month will be approximate only, all partial monthly estimates and payment will be subject to correction in the estimate r rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quantity of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for- by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary _. corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; A. all persons, funs, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, B. that the wage scale established by the City Council in the City of Fort Worth has been paid, and -- C. that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. C8-8(3) M The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEOUACY OF DESIGN: It is understood that the Owner believes it has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, -and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and ' alterations thereof approved in writing by the Owner. The, burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract Documents, approved modifications thereof, and all alterations thereof. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor '^ shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer.period is specified and shall furnish a good ` and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work • specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the '~ General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and .cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one - tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the Project. i C8-8.13 RECORD DOCUMENTS: The Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the i C8-8(4) site, in good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. C8-8(S) SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be -� proceeded by the City on the 1 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 work as a permanent part thereof; but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. _ For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Revised Pg. 1 10/24/02 r� E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: -- Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv, damage or death is caused, in whole or in Part, by the nediffence or alle,zed ne li ence of Owner, its officers, servants. or emplovees. 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 anv such iniury or damage is caused in whole or in Part by tfie neg iffence or alleged neglivence of Owner. its officers. servants or emplovees. ,In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as .. a result of work performed under a City Contract. F. INCREASED OR DECREASED OUANTITIES: Part C - General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shallsuch changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL .. Revised Pg. 2 10/24/02 ow INSURANCE REOUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior. to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. -d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L Contractor's liability shall not be limited to the specified amounts of insurance required herein. Revised Pg. 3 10/24/02 in. Upon the request of City, Contractor shall provide complete copies of all insurance r policies required by these contract documents. H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or- imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Revised 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 responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the 'Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal K C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 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 ,r authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a _ reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.1.1 INSURANCE delete subparagraph "g. LOCAL —' AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor'agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that .the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent. books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c) :Contractor and, subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: On 1.50 copies and under - 10 cents per page Revised Pg. 6 10/24/02 2, More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter M. SITE PREPARATION: The Contractor shall clear rights -of -way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. _ N. Reference Part C - General Conditions, Section C6-6.8 BARRICADES. WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS _ ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent .,, misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. Revised Pg. 7 10/24/02 • P P. WAGE MTES:- Section ,C3'=3:13 ofttie .General Conditions. is deleted and :replaced with fnilowmg: • (a) The contractor shad comply with all.requirements -of Chapter 2258, Texas Government Code, including the''paymeat ofSlot less than the rates determined by the City C- 6i&- l of the City 6dort Worth to be the prevafling wage rates in accordance with ter 22' 8'8 Texas' :Govern -t 'Code ;Such prevailing wage rates .ate mciuded in these contract (b) The` contractor shall, for a penod of three (37 years foliowing the date of acceptance of the work, maintain'records that show"(i7 "the name and occatpation'of each worker'' employed by the contractoz:m the `construction of the work provided for in this contract;. and (ii);the actual per diefn wages paid to each worker These records shall be open at. all #easonable hours for mspq. .0., by the tarty The provisions of Section, C 1 L SR1ght to t ndit (fey ;9 , 0/02) pertain to this inspection. A' imp'contractorli'a�l ucliide in itsl subcontracts and/or shall otherwise rechie ai of rts' siibcbntractdrs to complyawrth paragraphs (a) and (b) above '(d) Wit1i' each'parttial payment estivate or payroll period, whichever is less," ariaffidavit - atatnig,#hat the contractbr`has complied with the requirements of Chapter 225$, Texas :Government Code. j..., •ice:. `StY' I..: - •r?:� �,:1'�i V:. "l;•,':�'�' ...he;contractor shall;' ; sty the. a 'i}te-si, =co lk i 'lace. at ifi, site °of th' ' '. �,............__. _............... ..._... ... _.. , _,.naP......_._.._.N,......,_..:..........v.......,........ ��'.. �ire��:ng.'wag . �. �rOlect;`�t>.a11 tines: . . . I Pa I-_= Pm sm sm Revised Pg. 8 10/24/02 .. PART D - SPECIAL CONDITIONS D-1 GENERAL............................................................................................................................3 D-2 COORDINATION MEETING ................ ........................... ..................................................... 6 D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ......................6 D- 4 COORDINATION WITH FORT WORTH WATER DEPARTMENT......................................8 D- 5 CROSSING OF EXISTING UTILITIES...............................................................:.................8 D- 6 EXISTING UTILITIES AND IMPROVEMENTS....................................................................9 ' D- 7 CONSTRUCTION TRAFFIC OVER PIPELINES .......................................... D- 8 TRAFFIC CONTROL.........................................................................................................10 D- 9 DETOURS.........................................................................................................................11 D- 10 EXAMINATION OF SITE...............................................................................................11 D-11 ZONING COMPLIANCE..................................................................................................11 D-12 WATER FOR CONSTRUCTION ........................................ :........................................... 11 D-13 WASTE MATERIAL.......................................................................................................11 D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE........................................................11 D-15 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES..............................12 - D-16 BID QUANTITIES.................................................................:........................................12 D-17 CUTTING OF CONCRETE .........................................:..:. ..12 ............................................ D-18 PROJECT DESIGNATION SIGN ..................................... :............................................. 12 D-19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT........................................13 D- 20 MISCELLANEOUS PLACEMENT OF MATERIAL..........................................................13 D- 21 CRUSHED LIMESTONE BACKFILL..............................................................................13 D- 22 2:27 CONCRETE...............................:.....................................:.....................................14 _ D- 23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION .................. .....14 .................... D- 24 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY-CUTS..............15 D- 25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) ..................16 D- 26 SANITARY SEWER MANHOLES..................................................................................17 D- 27 SANITARY SEWER SERVICES....................................................................................20 D- 28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES..................21 D- 29 DETECTABLE WARNING TAPES.................................................................................24 D- 30 PIPE CLEANING.............................................................................................................24 D- 31 DISPOSAL OF SPOIUFILL MATERIAL ................. :............................................ :.......... 24 D- 32 MECHANICS AND MATERIALMEN'S LIEN......................................................:............24 D- 33 SUBSTITUTIONS..........................................................................................................24 D- 34 PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER...............25 D- 35 VACUUM TESTING OF SANITARY SEWER MANHOLES.............................................28 D- 36 BYPASS PUMPING.......................................................................................................29 D- 37 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............ 29 D- 38 SAMPLES AND QUALITY CONTROL TESTING...........................................................31 D- 39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE).................................................................................32 D- 40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ..........................33 D- 41 PROTECTION OF TREES, PLANTS AND SOIL D- 42 SITE RESTORATION....................................................................................................33 D- 43 CITY OF FORT WORTH STANDARD PRODUCT LIST................................................34 D- 44 TOPSOIL, SODDING, SEEDING & HYDROMULCHING D-45 CONFINED SPACE ENTRY PROGRAM ........................... ...............39 ............................. D- 46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION..............................40 �• D- 47 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS)........................40 D- 48 CONCRETE ENCASEMENT OF SEWER PIPE............................................................41 D- 49 CLAY DAM.....................................................................................................................41 0210912010 SC-1 .. g:\1210\4463-01\specifications\1000/ospccs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS w D- 50 EXPLORATORY EXCAVATION (D-HOLE).......................................... :......................... 41 D- 51 INSTALLATION OF WATER FACILITIES......................................................................41 51.1 Polyvinyl Chloride (PVC) Water Pipe ................................. :......................................... 41 51.2 Blocking......................................................................................:................................42 51.3 Type of Casing Pipe .......................................... ...................................................:........ 42 51.4 Tie-Ins..........................................................................................................................42 - 51.5 Connection of Existing Mains..................:..................................:.................................42 51.6 Valve Cut -Ins .................................... :.......................................................................... 43 51.7 Water Services............................................................................................................43 _ 51.8 2-Inch Temporary Service Line....................................................................................45 51.9 Purging and Sterilization of Water Lines......................................................................46 51.10 Work Near Pressure Plane Boundaries ... :...................... ............................................. 46 51.11 Water Sample Station..................................................................................................47 51.12 Ductile Iron and Gray Iron Fittings................................................................................47 D- 52 SPRINKLING FOR DUST CONTROL.........................:.:................................................48 D- 53 DEWATERING..............................................................................................................48 D- 54 TRENCH EXCAVATION ON DEEP TRENCHES..................:....................................... 48 D- 55 TREE PRUNING...................................................................................:.,...................48 D- 56 TREE REMOVAL ................................ ............................... .............................................. 49 — D- 57 TEST HOLES.......................................:....................................................................:.....49 D- 58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION........................:......................:.................:...................................................50 D- 59 UTTONS............................................................................50 TRAFFIC BUTTONS.--- ..... D- 60 SANITARY SEWER SERVICE CLEANOUTS............... ........................................ .......... 51 r. D- 61 TEMPORARY PAVEMENT REPAIR ........ .......................... ............................................. 51 D- 62 CONSTRUCTION STAKES..........................................................................................51 D- 63 EASEMENTS AND PERMITS ............. :........... .......................................................... ;..... 51 D- 64 PRE -CONSTRUCTION NEIGHBORHOOD MEETING..................................................52 D- 65 WAGE RATES.............................................................................:................................52 D- 66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE......................................54 D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN1 ACRE).............................................. .................................................... ........................... 54 D-68 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS .............................. .............................. ............................................... 56 D-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD....................................................57 D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION ............... :.......................... ............. 57 D-71 AIR POLLUTION WATCH DAYS.......................................................................................58 D-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS............................................58 M 0240912010 SC-2 g:\1210\4463-01\specifications\100% specs\053 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc PM PART D - SPECIAL CONDITIONS This Part D — Special Conditions is complimentary to Part C — General Conditions and Part C1 — Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C — General Conditions and part C1 — Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C — General Conditions and Part C1 — Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: City of Fort Worth, Texas 2008 Capital Improvements Program Arterial Street Project Ray White Road D.O.E. PROJECT NO. 6226 CITY PROJECT NO. 01294 • UNIT .I: WATER & SANITARY SEWER. REPI4CEMENT WATER PRJECT .NO :P265 531200 6051700950 SEWER<PROJECT: NO. P2752007 , 531051700950. UNIT JI t=PAVINGRECONST . UbTION TtPW PROJECT f�Q:, C285 531200 20540000$50 D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: — 1. Plans 2. Contract Documents 3. Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated above. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes. Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with latest revisions, are made a part of the General Contract Documents for this project. The Plans, these Special Contract Documents and — the rules, regulations, requirements, instructions, drawings or details referred to by manufacturers name, or identification include therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre - qualified with the Water Department to perform such work in accordance with procedures _ described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work. 02(09/2010 SC-3 g:\1210\4463-01 \specifications\ 100% specs\05.3 -green double sided -pad d - special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS This contract and project, where applicable, may also be governed by the two following published specifications, except as modified by these Special Provisions: 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRALTEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated by the call -out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non -responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the — official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102. B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a " proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non - consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed May, at the option of the Owner, be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening, time, and, provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received 0210912010 SC-4 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc r PART D - SPECIAL CONDITIONS within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. 0210912010 SC-5 g:1121014463-01\specifications\1009/o specs105.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes, weekly meetings at the job site may be required to maintain the project on the desired schedule. The contractor shall be present at all meetings. D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If'the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 0210912010 SC-6 g:\1210\4463-01\specifications\100% specs\05.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide _ services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 02/09)2010 SC-7 g:\1210\4463-01\Wcifications\100% specs\05.3 -green double sided -part d -special conditions - paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing. false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the _ contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other — posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and T Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512) 463-3642 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". D- 4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating. and activating those lines. D- 5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made watertight or be 02/09/201 o SC-8 g:1121014463-01\specificationsl100% specs105.3 - green double sided -part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS constructed of ductile iron pipe. The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary. sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps. Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work, the cost of which shall be included in the price bid in the Proposal for each bid item. D- 6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered ' sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support, protection and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. It is understood that the Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The " Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of the utilities involved and from evidences found on the ground. D- 7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new 0210912010 SC-9 g:\1210\4463-01\specifications\100% specs\05.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS line and the existing lines from these possibly excessive loads. The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Anv damaae to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense, to pe the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed. It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation. D- 8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being 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 Euzzsaw website. Although work will not — begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 817-392-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above -referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place .until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The lump sum pay item for traffic control shall cover design and / or installation, and maintenance of the traffic control plan. 0210912010 SC-10 g:\1210\4463-01\specifications\1000/ospecs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10_doc PART D - SPECIAL CONDITIONS D- 9 DETOURS The contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. D-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and .public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D-11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. D-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. D-13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: + Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway, right- 02(09/2010 SC-11 g:N1210\4463-01 \specifications\100% specs\05.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS of -way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth shall give final acceptance of the completed project work. �~ 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 waming sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage -type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCOR) who will erect temporary mechanical barriers, de - energize the lines, or raise or lower the lines. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCOR, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the ONCOR company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-16 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C443 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. r- D-17 CUTTING OF CONCRETE When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. D-18 PROJECT DESIGNATION SIGN INN 02(0912010 SC-12 gA 121 0\4463 -0 1 \specifications\ 100% specs\05.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc "' PART D - SPECIAL CONDITIONS Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The Engineer shall approve the _ exact locations and methods of mounting. In addition to the 4' x 8' project signs, project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance with Figure 30, except that they shall be V-0° by 2'-0" in size. The information box shall have the following information: For Questions on this Project Call: (817) 392-8306 M-F 7:30 am to 4:30 p.m. or (817) 392-8300 Nights and Weekends Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances required, shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair. D- 20 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one -tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D- 21 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications _ for Street and Storm Drain Construction Division 2 Item 208.2 - Materials and Division 2 Item 208.3 - Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill, Construction Specifications, General Contract Documents. 0210912010 SC-13 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS Payment for crushed limestone, backfill in place shall be made at the unit price bid in the- Proposal multiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of Backfill Materials, Construction Specifications, and General Contract Documents. D- 22 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 'STR-028,STR-029 and STR-031refer to using 2:27 Concrete as base repair. Since this call -out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D- 23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specked herein. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design .loadings- of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights -of -way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench ' Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C' backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement: See E1-2.3, Type "C' or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back -fill material is not suitable, Type "B" backfill material shall be used only with the consent and approval of the Engineer. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure WTR-029. Sand material specified.in WTR-029.shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: 0210912010 SC-14 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc F0 R PART D - SPECIAL CONDITIONS • Less than 10% passing the #200 sieve • P.I. = 10 or.less Additionally, the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 All other provisions of this section shall remain the same. 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within .+-4% of its optimum moisture content. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all 'trench backfill. Any retesting, required as a result of.failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear.feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench. safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, with the exception of Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. D- 24 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing ■ pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures STR-028 through STR-031. The results of the street cores that were conducted on the project streets, to determine HMAC depths on existing streets, are provided in these specifications and contract documents. a 02/09/2010 SC-15 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be. required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the 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 requirerhent may be waived if work is being done under a Performance Bond and inspected by the Construction Services section. - D- 25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas. The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. B. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Sub -Part P - Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. C. DEFINITIONS: 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. 2. BENCHING SYSTEM - Benching means excavating the sides of a trench to form one or a series of horizontal level or steps, usually with vertical or near -vertical surfaces between levels. 0210912010 SC-16 g:\1210\4463-01\specifications\100% specs\053 -green double sided -part d -special conditions paginated (water -sewer) wtr 02-09-10.doc PART D - SPECIAL CONDITIONS 3. SLOPING SYSTEM - Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4. SHIELD SYSTEM - Shields used in trenches are generally referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures - or can be designed to be portable and move along as the work progresses. Shields can be either pre -manufactured or job -built in accordance with OSHA standards. 5. SHORING SYSTEM - Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave- ins. Shoring systems are generally comprised of cross -braces, vertical rails, (uprights), • horizontal rails (wales) and/or sheeting. D. MEASUREMENT - Trench depth is the vertical measurement from the top of the existing .- ground to the bottom of embedment or bottom of excavation. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. E. PAYMENT - Payment shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D- 26 SANITARY SEWER MANHOLES A. GENERAL: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. For new sewer line installations, the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines. The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction. 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified as per COFW Standard Detail SAN-009. 2. DELETED 3. LIFT HOLES: All lift holes shall be plugged with a pre -cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. FINAL RIM ELEVATIONS: Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole. 02109)2010 SC-17 g:\1210\4463-01\specifications\) 00% specs\05.3 -green double sided -pan d - special conditions -paginated (water -sewer) - wtr 02-09- I0.doc PART D - SPECIAL CONDITIONS Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. MANHOLE COVERS: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be PAMREX, or approved equal, with 30-inch clear opening. Covers shall - set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans. 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole _ depth is four (4) feet or less. All shallow cone manholes shall be built in accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED. 7. MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole. 8. EXTERIOR SURFACE COATING: Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness. 9. MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed 0-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre -formed and trowelable Bitumastic as manufactured by Kent -Seal, Ram-Nek, E-Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross -sectional area or flat -tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint.sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre -formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. B. EXECUTION: 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above -specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt, sand, mud, or other foreign matter. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in accordance with the recommendations. The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 02(0912010 SC-18 gA1210\4463-01lspecifications\1001/o specs\05-3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block materials other than pre -cast concrete rings, or where necessary and approved by the Engineer, shall be replaced with a pre -cast flattop section. Pre -cast concrete rings, or a pre -cast concrete flattop section will be the only adjustments allowed. In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall .be replaced at the Contractor's expense. Wire. brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre- formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. 3. EXPOSED EXTERIOR SURFACES: All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy. Kopper "Bitumastic Super Service Black"; Tnemec "46- 450 Heavy Tnemecol°, or equal, to a minimum of 14 mils dry film thickness. 4. The exterior surface of all pre -cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling. C. MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including, but not limited to, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. 0210912010 SC-19 g:\1210\4463-01\specifieations\I001/ospecs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to, excavation, backfill, disposal of materials, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole, including but not limited to, joint sealing, lift hole sealing, and exterior surface coating. Payment for concrete collars will be made per each. Payment for manhole inserts will be made per each. D- 27 SANITARY SEWER SERVICES Any reconnection, relocation, re-routes, replacement, or new sanitary sewer service shall be required as shown on the plans, and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees. City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case -by -case basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6415. D. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications, all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for SewerService Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill, saddles, tees, fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by. the Engineer as required for the connection of'the sewer service line. If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing, whether on public or private property, the City shall provide line and grade for the sewer service lines as shown on the project plans. Prior to installing the applicable sewer main or lateral and the necessary service lines, the Contractor shall verify (by de -holing at the building clean-out)'the elevations 02109/2010 SC-20 g:\121044463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS (shown on the plans) at the building clean -out and compare the data with the elevation at the proposed connection point on the sewer main, in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied. Elevations shall also be verified at all bend locations on the service re-route. All applicable sewer mains, laterals and affected service lines that are installed without pre -construction de -holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de -holing is conducted. All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied. If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans, the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible -- for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied. Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as .� designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for which no grade verification has been submitted. All re-routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense. The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings. The fitting shall be a urethane or neoprene coupling A.S.T.M. C-425 with series 300 stainless steel compression straps. The Contractor shall remove the existing clean -out and plug the abandoned sewer service line. The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property. Furthermore, the contractor shall utilize the services of a licensed plumber for all service line work on private property. Permit(s) must be obtained from the City of Fort Worth Development Department for all service line work on private property and all work related to the service line must be approved by a City of Fort Worth Plumbing Inspector. A copy of the plumbing permit shall be provided to the Engineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be provided to the Engineer upon completion of the sanitary sewer re-route. .. Payment for work and materials such as backfill, removal of existing clean -outs, plugging the abandoned sewer service line, double checking the grade of the installed service line, pipe fittings, surface restoration on private property (to match existing), and all other associated _ work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line replacement on private property or public right of way. Payment for all work and material involving the "tap" shall be included in the price bid for sanitary sewer service taps. D- 28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-2.7 Removing Pipe, of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. 0210912010 SC-21 g:\1210\4463-01\specifications\100%specs\05.3 - green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc r• PART D - SPECIAL CONDITIONS << A. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. B. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The concrete vault shall be demolished in place to a point not less than 18 inches below final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method .. as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. _ C. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with -" backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. D. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. — Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault, the vault shall be demolished in place to a point no less than 18" below final grade. E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box _ in place to a point not less than 18 inches below final grade. Concrete shall then be used as backfill material to match existing grade. F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shallhave top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with 'the existing surrounding grade. G. ABANDONMENT OF MANHOLES: Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged, with lean .concrete. Manhole top or cone section shall be removed to the top of the full barrel diameter section, or to point not less than 18 inches �. below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material approved by the Engineer: Surface _ restoration'shall be compatible with surrounding service surface. Payment for work involved in backfilling, plugging of pipe(s) and all other appurtenances required, shall be included .in the appropriate bid item - Abandon Existing Sewer Manhole. 02(09/2010 SC-22 g:\1210\4463-01\specifications\100% specs\05.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc r• PART D - SPECIAL CONDITIONS w H. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole, including top or cone section, all full barrel diameter section, and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill, as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. I. CUTTING AND PLUGGING EXISTING MAINS: At various locations on this project, it may be required to cut, plug, and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is required. J. REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required, it shall be the .. Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants and meter boxes shall be delivered to Water Department Field Operation, Storage Yard. C. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe, except as follows: separate payment will be made for removal of all fire hydrants, gate valves, 16 inch and larger, and sanitary sewer manholes, regardless of location. Payment will be made for salvaging, abandoning and/or removing all 'other existing facilities when said facility is not being replaced in the same trench (i.e., when removal requires a separate trench). L. ABANDONMENT OF EXISTING SEWER LINES: Where plans call for abandonment of existing sewer mains after the construction of a new sewer main, the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a .. final determination that all existing service connections have been relocated to the new main. Once this determination has been made, the existing main will be abandoned as indicated above in Item I. 0210912010 SC-23 g:\12 tO\ 4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-I O.doc rW PART D - SPECIAL CONDITIONS WN D- 29 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe _ detector shall be installed directly above non-metallic water and sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness 0.35. mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be' 5.5 mils, and the width shall not be less than two inches with a minimum unit weight of 2'/z pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows: Tvoe of Utilitv Color Code Leaends Water Safety Blue Cautionl Buried Water Line Below Sewer Safety Green Caution! Buried Sewer Line Below Installation,of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18 inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes, and all other associated appurtenances required shall be included in the unit price bid for the appropriate bid item(s). D- 30 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall _ be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. D- 31 DISPOSAL OF SPOIL/FILL MATERIAL Prior to the disposing of any spoil/fill material, the Contractor shall advise the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary Engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, Contractor shall remove the spoil/fill material at his expense and dispose of such materials in accordance with the Ordinances of the City and this section. D- 32 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. D- 33 SUBSTITUTIONS WN 0210912010 SC-24. g:\1210\4463-01\specifications\1001/o specs\05.3 -green double sided -part d -special conditions paginated (water -sewer) - wtr02-09-10.doc •• PART D - SPECIAL CONDITIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term °or equal", or °or approved equal' is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not •- necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub -section as related to "substitutions" shall be applicable to all sections of these specifications. D- 34 PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured -in -place pipe, fold and form pipe, slip -line, etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of furnishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high -velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall _ also have a selection of two or more high -velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high -velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment, which cannot be collapsed, is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. .. 2. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high - velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning R of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists, and the cleaning effort shall be abandoned. 02/0912010 SC-25 g:11210k1463-01%specifications\100% specs105.3 -green double sided -part d - special conditions -paginated (water -sewer) - wtr02-09-10.doe PART D - SPECIAL CONDITIONS PM When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before -- using any water from the City Water Distribution System, the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup, including the water usage bill. All .. expenses shall be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted. 4. All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City. PM 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. -r 6. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. B. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. in no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper r• documentation shall be used to move the camera through the sewer line. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The imwo tance of accurate distance measurements is emphasized: All television inspection videotapes shall. have a footage counter. Measurement for location of sewer _ service taps shall be above 9round by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy 02i0912010 S C-26 g:\1210\4463-01 \specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) : wtr 02-09-10.doc .. .. PART D - SPECIAL CONDITIONS of the distance meter shall be checked by use of a walking meter, roll -a -tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection. In addition, other points of significance .. such as locations of unusual conditions, roots, storm sewer connections, broken pipe, presence of scale and corrosion, and other discernible features will be recorded, and a copy of such records will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard -size photographs of the television picture of problems shall be taken by the Contractor upon request of the _ Engineer, as long as such photographing does not interfere with the Contractor's operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection .. and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. The Engineer will return tapes to the Contractor upon completion of review. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re -televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. .. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected. The Engineer will return tapes to the Contractor upon completion of review. All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. C. PAYMENT OF CLEANING AND PRE -CONSTRUCTION TELEVISION INSPECTION OF -. SANITARY SEWERS: The cost for Pre -Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily 0210912010 SC-27 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc M M PART D - SPECIAL CONDITIONS evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a legal dump site. — Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall WN be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the wo passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to TV Inspection. on The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D- 35 VACUUM TESTING OF SANITARY SEWER MANHOLES A. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. B. EXECUTION: 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting with all connections in place. Lift holes shall be plugged, and all drop -connections and gas sealing connections shall be installed prior to testing. The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop -connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the. manufacturer's recommendations. A vacuum of ten inches of mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. The required test time shall be determined from the Table I .. below in accordance with ASTM C1244-93: Table I ow MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" 11-119 (10"Hg - 9"11-10 (SEC) Depth of MH. 48-Inch Dia. 60-Inch Dia. (FT.) Manhole Manhole 0 to 16' 40 sec. 18' 20' 45 sec. 52 sec. 59 sec. 50 sec. 65 sec. ow 02(0912010 SC-28 g:\1210\4463-01\specifications\100% spccs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc .� PART D - SPECIAL CONDITIONS L M 22' 55 sec. 72 sec. 24' 59 sec. 78 sec. 26' 64 sec. 85 sec. 28' 69 sec. 91 sec. 30' 74 sec. 98 sec. For Each 5 sec. 6 sec. .. Additional 2' 1. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of — vacuum is less than one -inch of mercury (1" Hg) after the required test time. Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test, the manhole shall be restored to its normal condition, all temporary plugs shall be removed, all braces, equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material, labor, equipment, and all incidentals, including all bypass pumping, required to complete the test as specified herein. D- 36 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system. Under no circumstances will the Contractor be permitted to discharge sewage into the trenches. Payment shall be incidental to rehabilitation or replacement of the sewer line. D- 37 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub -Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. .. B. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the 0210912010 SC-29 g:\1210W463-011specificadons1100% specs\Q5.3 -green double sided - partd -special conditions -paginated (water -sewer) - wtr 02-09-I O.doc on PART D - SPECIAL CONDITIONS satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. C. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either •- direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two OM manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television pa inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a4ape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall. be incidental to Television inspection. Sanitary sewer mains must be laced with enough water to fill all low pints. The television inspection must be done immediately following the .lacing of the main with no water flow. If sewer is active, flow must be restricted to provide a clear image of sewer being inspected. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to r- stationing as shown on the plans. A copy of these television logs will be supplied to the City. om 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard -size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's �. operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection 0210912010 SC-30 g:\1210\4463-01 \specifications\ 100%specs\05.3 -green double sided -part d - special conditions -paginated (water -sewer) - wtr 02-09-10.doc O. PART D - SPECIAL CONDITIONS a and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such Door quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re - televise and provide a qood tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. •• D. PAYMENT OF POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for post -construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be included in the appropriate bid item - Post -Construction Television Inspection. The item shall also include all -costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D- 38 SAMPLES AND QUALITY CONTROL TESTING W A. The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. B. Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. C. Quality control testing of in -place material on this project will be performed by the city at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. 02/09/2010 S C-31 g:1121014463-01lcpecificadons\100°/a specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - mr 02-09-I O.doc PART D - SPECIAL CONDITIONS WN E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D- 39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ... A. DESCRIPTION: This item. shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled -hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible -earth material exposed by preparing right- of-way, clearing and grubbing, the surface area of erodible -earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control .. measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as ,necessary to control soil erosion. Temporary pollution -control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil -erosion -control measures shall be performed as directed by the .. Engineer. 2. Waste or disposal areas and construction roads shall be located and constructed in a _ manner that will minimize the amount of sediment entering streams. 3. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 4. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 5. All waterways shall be cleared as soon as practicable of false work, piling, debris or other -� obstructions placed during construction operations that are not a part of the finished work. 0210912010 SC-32 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided —part d - special conditions - paginated (water -sewer) - wtr02-09-10.doc �.. PART D - SPECIAL CONDITIONS 6. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumen, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. t 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 no and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays. The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D- 41 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc., shall be preserved 'or restored after completion of the work, to a condition equal to or better than prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. -� By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights -of -Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 817-392-5738. All tree work shall be in. compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D- 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. OZV9/2010 SC-33 g:\1210\4463-01\specifications\I00% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS D- 43 CITY OF FORT WORTH STANDARD PRODUCT LIST Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List, for the bid to be considered responsive. Products and processes listed in the "City of Fort Worth Standard Product List shall be considered to meet City of Fort Worth minimum technical requirements. PM D- 44 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community Services Department Specifications for Topsoil, Sodding and Seeding. 1. TOPSOIL DESCRIPTION: This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material, in all parkways and medians to the lines and grades as established by the Engineer. Fm CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to .. supplement material secured from street excavation. All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be ^- stockpiled at locations approved by the Engineer, and at completion of grading and paving opefations, 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 andshallnot contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. Care shall be taken at all times to retain native soil on the roots of the sod during the'process of excavating, hauling, and planting. Sod material shall be kept moist from the time it is dug until planted. When so directed by the Engineer, the sod existing at the source shall be 0210912010 SC-34 g:1121014463-01\specifications1100% specs105.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS watered to the extent required prior to excavating. Sod material shall be planted within three days after it. is excavated. CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross -sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be, performed in accordance with the requirements hereinafter described. Sodding shall be either "spot" or "block'; either Bermuda, Buffalo or St. Augustine grass. a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded. In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade. Holes of equivalent depth and spacing may be used instead of furrows. The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces. b. Block Sodding. At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding shall be filled with additional sod and ` tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass. Surfaces of block sod, which, in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil, shall, upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, sufficiently close to hold the block sod firmly in place. .. When necessary, the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time' sodding operations were begun. Any excess dirt from planting operations shall be spread ,., uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance. The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth. 3. SEEDING DESCRIPTION: "Seeding" will consist of preparing ground, providing and planting seed or a - mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications. MATERIALS: 0210912010 S C-35 g:\I210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) -wtr02-09-10.doc PART D - SPECIAL CONDITIONS PM a. General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of seed, and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germination: Common Name Purity GerMinatjon Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% -Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM -SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Mixture for Clav or Tight 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 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total: 100 CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross -sections shown on the Drawings and as provided for in other items of this Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described. a. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed. 0210912010 SC-36 g:\1210\4463-01 \specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc .= .• .. /n PART D - SPECIAL CONDITIONS b. Finishing. Where applicable, the shoulders, slopes, and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun. BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. "Finishing" as specified in Section D- 45, Construction Methods, is not applicable since no seed bed preparation is required. DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction ,. Methods. The seed, or seed mixture, specified shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand rather than by mechanical methods, seed shall be raked or harrowed into the soil to a depth of approximately one -eight (1/8) inch. The planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING: The soil over the area shown on the Drawings, or as directed to be seeded, shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened. After the watering, when the ground has become sufficiently dry to be loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified uniform rate of application for both is obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one -quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks. In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a 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. 0210912010 SC-37 gA1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-04-10.doc PART D - SPECIAL CONDITIONS s RE -SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with -- warm season species as listed in Table 120.2(2)a. The re -seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that.slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration. " Slit -seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with.a cult packer wheel. 4. HYDROMULCH SEEDING: If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. - MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis of 16-20- 0 or 16-5-8 or having the analysis shown on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists. In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration. Total amount of nutrients furnished and 'M 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 r, rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topsoils secured from borrow sources. Acceptable material for "Seeding" will be measured by the linear foot, complete in place. 0210912010 SC-38 g:\1210\4463-011specifications\100% spccs\05.3 - green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc .� PART D - SPECIAL CONDITIONS Acceptable material for "Sodding" will be measured by the linear foot, complete in place. Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding. PAYMENT: All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below), loading, hauling, placing and furnishing all labor, equipment, tools, supplies, and incidentals necessary to complete work. All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and •� will not be paid for directly. "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard, complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping; for all watering; for disposal of all surplus materials; and for all materials, labor, equipment, tools and incidentals necessary to complete the work, all in accordance with the Drawings and these Specifications. The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified, as the case may be, which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding. D- 45 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM" which must meet OSHA requirements for all its employees and subcontractors at all times during construction. All active sewer manholes, regardless of depth, are defined by OSHA, as "permit required confined spaces". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM" for all applicable manholes and maintain an active file for these manholes. The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces. 0210912010 SC-39 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc T 1W PART D - SPECIAL CONDITIONS D- 46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Prior to the final inspection being conducted for the project, the contractor shall contact the PM city inspector in writing when the entire project or a designated portion of the project is substantially complete. 8. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 9. The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected. 10. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price. Contractor shall still be required to address all other deficiencies, which are discovered at the time of final inspection. - 11. Final inspection shall be in conformance with general condition item "C5-5.18 Final Inspection"'of PART C - GENERAL CONDITIONS. D- 47 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) 1. The Contractor shall be responsible for taking measures to minimize damage to tree limbs, Mree trunks, and tree roots at each work site. All such measures shall be considered as cidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 2. Any and all trees located within the equipment operating area at each work site shall, at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line or edge of the tree root system between tree and the construction area. 3. Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment. operations. The Engineer shall be notified at least 24 hours prior to any tree trimming work. No trimming work will be permitted within private property without written permission of the Owner. 4. Nothing shall be stored over the tree root system within the drip line area of any tree. 5. Before excavation (off the roadway) within the drip line area of any tree, the earth shall be sawcut for a minimum depth of 2 feet. 6. At designated locations shown on the drawings, the "short tunnel" method using Class 51 -. D.I. pipe shall be utilized. 7. Except in areas where clearing is allowed, all trees up to 8" in diameter damaged during _ construction shall be removed and replaced with the same type and diameter tree at the contractor's expense. 8. Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural practices and procedures. 0210912010 SC-40. g.\1210\4463-01\specifications\100% specs\05.3 -green double sided - part d -special conditions - paginated (water -sewer) - wtr 02-09-10.doc P. u PART D - SPECIAL CONDITIONS 9. Short tunneling shall consist of power augering or hand excavation. The tunnel diameter shall not be larger -than 1-1/2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted. D- 48 CONCRETE ENCASEMENT OF SEWER PIPE .. Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diameter indicated. The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. D- 49 CLAY DAM Clay dam construction shall be performed in accordance with the Wastewater Clay Dam Construction, figure in the Drawings in these Specifications, at locations indicated on the Drawings or as directed by the City. Clay dams shall be keyed into undisturbed soil to make an impervious .. barrier to reduce groundwater percolation through the pipeline trench. Construction material shall consist of compacted bentonite clay or 2:27 concrete. Payment for work such as forming, placing and finishing shall be subsidiary.to the price bid for pipe installation. D- 50 EXPLORATORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction, in accordance with item D-6. At locations identified on the drawings, contractor shall conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. �• The exploratory excavation shall be conducted prior to construction of the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines, an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications. The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D-Hole). Payment shall not be made for verification of existing utilities per item D-6. Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials, excavation, surface restoration, field surveys, and all incidentals necessary to complete the work, shall be the unit price bid. No payment shall be made for exploratory excavation(s) conducted after construction has begun. D- 51 INSTALLATION OF WATER FACILITIES 51.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenant required, shall be included in the linear foot price bid of the appropriate BID ITEM(S). 0210912010 SC-41 . gA1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-I0.doc PART D - SPECIAL CONDITIONS 51.2 Blocking Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents. All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. 51.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows: For the inside and outside of casing pipe, coal -tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above. C. Minimum thickness for casing pipe used shall be 0.375 inch.' Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non - concrete pipes when installed in casing. Installation shall be as recommended by the Manufacturer. 2. SEWER: Boring used on this project shall be in- accordance with the material standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 51.4 Tie -Ins The Contractor shall be responsible for making tie-ins to the existing water mains. It shall be the responsibility of the Contractor to verify the exact location and elevation of the -' existing line tie-ins. And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction. The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe. 51.5 Connection of Existing Mains F" The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the 0210912010 SC-42 g:\1210\4463-01 \specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.duc Cl PART D - SPECIAL CONDITIONS Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify the City Project Manager, Construction Services, Phone 817-392-8306, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph C5-5.15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C - GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location, time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 51.6 Valve Cut -Ins It' may be necessary to cut -in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve; the work must be expedited to the utmost and "all such cut -ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service. Payment for work such as backfill, bedding, fittings, blocking and all other associated appurtenants required, shall be included in the price of the appropriate bid items. 51.7 Water Services The relocation, replacement, or reconnection of water services will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall -be constructed by the contractor utilizing approved factory manufactured -- tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E1-17 & E1-18) contained in the General Contract Documents. All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade. All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1- inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation from the main line to the meter box. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5.15 INTERRUPTION OF SERVICE. 0210912010 SC-43 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. .. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop. Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop .• with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 2. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made — perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line. r When relocation of service meter and meter box is required, payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not _ justify separate payment at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. 02(0912010 SC-44 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10,dnc ■ PART D - SPECIAL CONDITIONS 4. NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box. Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section El-18A — Reinforced Plastic Water Meter Boxes. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 1. MULTIPLE SERVICE BRANCHES: When multiple service branches are. required the contractor shall furnish approved factory manufactured branches. Payment for multiple service branches will include furnishing and installing the multiple �. service branch only and all other cost will be included in other appropriate bid item(s). 2. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall .be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 51.8 2-Inch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. The out -of -service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re -install the meters at the correct Iodation. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. 02/09/2010 SC-45 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS OM The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of ►.-q feed points. When the temporary service is required for more than one location the 2-inch temporary FM service pipes, 3/4-in6h service lines and the 2-inch meter shall be moved to the next successive project location. PM Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. Im B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered'from a hydrant will be '' estimated as accurately as possible. At the pre -construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used. The inspector will deliver the hydrant meters to the locations. OM After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor, The Water Department Meter Shop will evaluate the Mondition of the meters upon return and if repairs are needed the contractor will receive an voice for those repairs. The issued meter is for this specific project and location only. Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. 51.9 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines'shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will provide all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project, including appropriately sized "pipe cleaning pigs, chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be r' measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de -chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. 51.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes O210912010 SC-46 g:\1210W463-01\specifications\I000/o. specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc i PART D - SPECIAL CONDITIONS 51.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of'charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station, _ concrete support block, curb stop, fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station, modification to the vault, fittings, and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. 51.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: E2-7.11 DUCTILE -IRON AND GRAY=IRON FITTINGS: All ductile -iron and gray -iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie -down concrete blocking, and concrete cradle necessary for construction as designed. All ductile -iron and gray -iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification. E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie -down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie -down concrete blocking, and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed. 0210912010 SC-47 g:\1210\4463-01\specifications\ 100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS ma D- 52 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this .- contract. D- 53 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be _ responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price. D- 54 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction. Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation. No extra payment shall be allowed for this special condition. D- 55 TREE PRUNING A. REFERENCES: National Arbonst Association's "Pruning Standards for Shade Trees" B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife PM 2. Vermeer V-1550RC Root Pruner PW C. NATURAL RESOURCES PROTECTION FENCE 3. Steel 'r = Bar stakes, 6 feet long. — 4. Smooth Horse -Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). PM 5. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. A 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. 0210912010 SC-48 g:\1210\4463-01\specifications\1000/ospecs\053 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc ^, PART D - SPECIAL CONDITIONS 9. Backfill and compact the trench immediately after trenching. 10. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 11. Within 24 hours; prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 12. Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection. E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price. D- 56 TREE REMOVAL Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement, fences, walls, sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed. D- 57 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determination by the use of test holes or other means, shall be left to the discretion of such prospective bidders. J If test borings have been made and are provided for bidder's information, at the locations shown on the logs of borings in the appendix of this specification, it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same, either in character, location, or elevation, as shown on the boring logs. It shall be the responsibility of the bidder to make such subsurface investigations, as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected by the -geology of the site. The cost of all rock removal and other associated appurtenances, if required, shall be included in the linear foot bid price of the pipe. 02/09/2010 SC-49 g:\1210\4463-01\specifications\)001/ospecs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS ED 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. PM The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, the contractor shall prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows: The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption. The flyer shall be prepared on the contractor's letterhead and shall include the following information: Name of the project, City Project Number, the date of the interruption of service, the period the — interruption will take place, the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number. A sample of the temporary water service interruption notification is attached. A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector.. All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. D- 59 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be _ considered a subsidiary item. In the event that the contractor prefers for the Signals, Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings, the contractor shall contact SSMD at (817) 392-8770 and shall reimburse SSMD for all costs incurred, both labor and material. No additional compensation shall be made to the contractor for this reimbursement. 0210912010 SC-50 g.\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc Y PART D - SPECIAL CONDITIONS D- 60 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets, sidewalks, etc. whenever possible. When it is not possible, the cleanout stack and cap shall be cast iron. Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts. D- 61 TEMPORARY PAVEMENT REPAIR •• The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base. The existing asphalt shall be saw cut to provide a uniform edge and the .. entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item. The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. D- 62 CONSTRUCTION STAKES The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional practice, establishing line and grades for roadway and utility construction, and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc.), and one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If the City or its agent determines that a sufficient number of stakes or markings provided by the City, have been lost, destroyed, or disturbed, to prevent the proper prosecution and control of the -� work contracted for in the Contract Documents, it shall be the Contractor's responsibility, at the Contractor's sole expense, to have such stakes replaced by an, individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. D- 63 EASEMENTS AND PERMITS The performance of 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 0210912010 SC-51 g:N1210\4463-01\specifications\100% specs\05.3 -green double sided -part d - special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS manholes. For locations Where the City was unable to obtain the easement or right -of -entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for review by contacting the consultant who distributes the plans for the project. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on .M private property. Contractor shall adhere to all requirements of Paragraph C6-6.10 of the General Contract Documents. The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. The City has obtained the necessary documentation for railroad and/or highway permits required 'M 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 r' 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 th conditions associated with permit(s) compliance, including payment for flagmen, shall be includeTin the lump sum pay bid item for "Associated Costs for Construction within Railroad / Agency Right-of-way". No additional compensation shall be allowed on this pay item. D- 64 PRE -CONSTRUCTION NEIGHBORHOOD MEETING After the pre -construction conference has been held but before construction is allowed to begin. on - this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related - questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre -construction conference but in no case will construction be allowed to begin until this meeting is held. -. D- 65 WAGE RATES Compliance with and Enforcement of Prevailing Wage Laws Dutv to aav Prevailinq Waqe 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. Penaltv 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. PW 0210912010 SC-52 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and 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 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Reauired if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in _ accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City,.,, The provisions of the Audit section of these contract documents shall pertain to this inspection. Pav 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. Postina of Waae Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. (Wage rates are attached at the end of this section.) (Attached) 0210912010 SC-53 gA1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water-scwer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS D- 66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with — NESHAP. Nothing in this specification shall be construed to void any provision of a contract or other law, ordinance, regulation or policy whose requirements are more stringent. B. ACP is defined under NESHAP as a Category II, non -friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently, if the removalf disposal process renders the ACP friable, it is regulated under the disposal .. requirements of 40 CFR 61.156. A NESHAP notification must be filed with the Texas Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non - friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental Protection Agency (EPA) defines friable as material, when dry, which may be crumbled, pulverized or reduced to powder by hand pressures. C. The Generator of the hazardous material is responsible for the identification and proper handling, transportation, and disposal of the material. Therefore, it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable. The Excavator is responsible to employ those means, methods, techniques and sequences to ensure this result. E: Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs, which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents. D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the 0210912010 SC-54 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d - special conditions -paginated (water -sewer) - wtr 02-09-I O.doc .. PART D - SPECIAL CONDITIONS permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOI): If the project will result in a total land disturbance equal to or greater than 5 acres, the contractor shall sign at the pre -construction meeting a TCEQ Notice of Intent (NOI) form prepared by the engineer. It serves as a notification ,to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the required $100 application fee. The NOI shall be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Copies of the project SWPPP's are available for viewing at the office of the Consultant disbursing the plans for the project. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. 0210912010 SC-55 g:\1210\4463-01\specifications\1008/o specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS LARGE CONSTRUCTION ACTIVITY — DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the •- Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all .. portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions ,. of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other _ structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. D-68 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. The Contractor may r obtain a hydrant water meter from the Water Department for use during the life of named project. In the event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project, the Contractor must coordinate this activity through the appropriate City representative. The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7., Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. 0210912010 SC-56 g:\1210\4463-01\specificadons\100% spccs\05.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc ... u PART D - SPECIAL. CONDITIONS D-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre -qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the .City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of, the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Water Department's Public Information Officer. 4. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Water Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 02/09/2010 SC-57 g:\1210\4463-01\specifications\100% specs\053 -green double sided -part d -special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS PM PM 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 PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION.. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or.if equipment is new'and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather'day and added onto the allowable weather days of a given month. D-72 FEE FOR STREET USE PERMITS AND RE -INSPECTIONS Contractor is required to secure a Street Use Permit, issued by the City of Fort Worth Transportation and Public Works Permit Center (817-392-6594) prior to any work in public right of _ way. Permit will not be issued without a traffic control plan sealed and signed by a registered professional engineer licensed to practice in the State of Texas. Failure to acquire the proper permit and permission may result in a fine of $500/day to the contractor performing the work. Payment by the contractor for all Street Use Permits shall be considered subsidiary to the contract cost and no additional compensation shall be made. r• PM END OF PART D - SPECIAL CONDITIONS 0210912010 SC-58 g:\1210\4463-01\specificetions\100% specs\05.3 -green double sided -part d - special conditions -paginated (water -sewer) - wtr02-09-10.doc .. 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 I OR SEWER LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 02(0912010 SC--59 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS FORTWORTH DOE NO. XXXX ProlM Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS' SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. 'AT (CITY INSPECTOR) (TELEPHONE NUMBER) F. THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR F F 0210912010 SC-60 g:\1210\4463-01\specifications\1000/o specs\05.3 -green double sided -part d.- special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS M �,,.. DEMOLITION J RENOVATION NOTIFICATION FORM T D H NOTIFICATION# TDH License Number_ City: Job Site Phone Number: TD" incense Number. TDH :License Number- Carliftation Data: Once Phone Number( City: tie: zip:. _ TDH Lions Nor Zip: Office Phone Numberi 1. p] Feaility�Dwner.. ltiRartition:: Citj f: Sisk$:.. 47. O P'y Mearn9 Address: A "'Noti Jboirwoic* foe the notlfioatlonfae Owner Phone :Nu lo O '3 _ _.. will he scent to the owner cf.tllt� 1fuildlrrg and tti41i11tlnwag pdtlress for the frrvoice will he +ptyt�llrl@d irvti th0 lni'oxmallon that is provided In this seatlon. y r 4) Descripdon oe Facility Name: Physical Address: County: City; Zip: Faallrty :Phone Number( 1 Faculty Contact Person: }l biaseription of AreaJlvoom Number, Rriar;tlse:, Future Use: ' Abe of 9ulldin:WFaclllly: $iW: Nurnber aF Floors: School (K - 2) 0 YES [f NO 6) 1Wa r 1-Work: 0 Demolition U. Reawm1tlon {Abalahmt) 0 Annual Consolidates! k lwiy T Worbe during: 0 Day 0 Evening 0 Night , PhMd Project. o Qescr]plion af,workschedule: .......... . g) Is this a Pubito Building? G YES O NO Federal Faclllty7 D YES Z NO industrial Site 0 YES Ct NQ 17. NESMP-t]41y Facility?- o YES D NO is auildlnoncluty b0cupied-? d .VE$ a NO 7) Noll0cation Type CHECK ONLY ONE V. q Original (10i Working bays) :I Cancellation D Amendment 0 Emw9encylOrdwad n, if his Is an arlmandment, which ameWmettl number is? is th(Enclos4 copy of oft Ihal arrrflor last arriarklment) i - [fan emergency, who did you talk with at TOWi meri)encj ; a Date and Hour of Emargsncy (rlHlMM(DpIYY): i7esctfption'of the sudden, unexpected event and explanation of hone the avant eausad un1we conditions or would cause a equipment damage (comput,ers. machInery, etc n. B) Doscriplhan of proaed, to be followed In the event that unexpected asbestos is found or previously non -friable Y asbestos material becomes ciurnbled, pulverizod, or reduced to powder. S B) Was -on Asbeslos survey performed? u YSS a NO Dale: 1 J T011 Inspector License No: a AnrJoical Method: 0 PLM ❑ TEM 0 Assumed TDH Laboratory License No: N (For TAHPA (public building) projects: an assumption must be made by a TDH Licensed Inspector) 10) Description of planned demolition or renovation work, type of material, and method(:) to be used: 11) Description of work practices and engineerktp controls lobe used to prevent emissions of asbestos at the ' derrroUFlortlrenonaeiion: 02(0912010 SC-61 g:\1210\4463-01\specifrcations\100% specs\05.3 -green double sided -part d - special conditions -paginated (water -sewer) - wtr02-09-10.doc PART D - SPECIAL CONDITIONS on Pm .• IMP Pm w .m w w Fm FormAPBr.5, dafecF07/29)V2. Replaces =Hform"dalscrD7/7 f, Par isssisiancebcompfefingform, cO 1-800-57"648 0210912010 SG-M g:\1210\4463-01\specifications\1000/ospecs\05.3 -green double sided -part d•- special conditions -paginated (water -sewer) - wtr02-09-10.doc Pm PART D - SPECIAL CONDITIONS 0210912010 SC-63 g:\1210\4463-01\specifications\100% specs\05.3 -green double sided -part d -special conditions -paginated (water -sewer) - wtr 02-09-10.doc PART D - SPECIAL CONDITIONS Air Tool Operator Asphalt Raker Asphalt Shoveler Asphalt Distributor Operator Aspphalt Pavinp 1.4achine Operator Bafching Plant iiflc4gher Broom or Sweeer Operator Bulldozer Operator Carpenter (Rough) Concrete Finisher- Paving Concrete Finisher -Structures Concrete Paving Curbing Mach. open Concrete Paving Finishing Mach. Oper_ Concrete Paving Joint Sealer peer. boncrete Paving Saw Oper. boncrete Paving Spreader riper. Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dragl'rne. Shovet Electrician dagger Form Builder- Structures Form Setter- Paving & Curbs Foundation Drill Operator, Crawler Mounted Fq�ndation Drill Operator, Trek Mounted F nt End Loader La borer- Common Laborer- Utility Mechanic Mtilfing Machine Operator, Fine Grade Mixer Operator Motor Grader Operator (Fine Grade) Motor Grader Operator, P,ough Oiler Painter. Structures Pavement Marking Machine Oper. Pipe Laver Roller, Steel Wheel Plant- Mix Pavements Roller, Steel Wheel Other Flatwheel or Tampin Roller,neumafic, Self -Propelled Scraper Refnforcinp Steel Setter j�avinp} Reinforcing Steel Setter f Structure) Source is ABC of Texas (Hwy. Hvy, Utilities Industrial Branch) www.access.gpogovldavisbaconl Hour,)y Rates 1 $ t0.0a $13.Go $8.80 $13.99 $12-78 $44.15 $9.ae $13 2 $12.e0 $12.85 13.27 12.00 $i3.2r3 12.50 $t3.88 $14 5J $10.81 $14.12 V8.12 $e.43 $11.53 $11.83 $13.07 $1$.30 $12_02 $9.16 $10.65 $18.97 $11.83 $11.58 $15. 0 $14.50 $43.17 $1OD4 $t1.G4 $11.28 �Classifloat%ns Scraper Operator IServicer Slip Form hAachine Operator Spreader Box Operator Tra or opera; r. Cravrler Type Tra or p. or, Pneumatic 'traveling Mixer Operator Truck Driver- Single Axle (Ughtt Truck Driver- Sin p(e .Axle {Heav j Truck Driver- Tandem Axle Semi- railer Truck Driver-Lowbo#Float ITruck Driver- Transit Mix Wagon Drill, Boring Machine, Post Hole Driller j'Nelder I'Nork Zone Barricade Servicer Hr, Rts $1 ,42 $12.32 $12.33 $10.92 12.60 12.91 $12.03 $10:91 $11A7 $11.75 $14.93 $12.08 $14.00 $13.57 $111.09 am PW v. In 9- 0- ow 02l08/2010 SC-64 gA1210\4463-0Ilspecifications\100% specs\05.3 - green double sided - part d - special conditions - paginated (water -sewer) - wtr 02-09-10.doc V. PART DA - ADDITIONAL SPECIAL CONDITIONS .. we DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS ............OMITTED DA-2 PIPELINE REHABILITATION CURED -IN -PLACE PIPE. ........................... ..... OMITTED DA-3 PIPE ENLARGEMENT SYSTEM.....................................................................OMITTED DA-4 FOLD AND FORM PIPE..................................................................................OMITTED DA-5 SLIPLINING.....................................................................................................OMITTED DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT.........................................................4 DA-7 TYPE OF CASING PIPE................................................................................................7 DA-8 SERVICE LINE POINT REPAIR / CLEANOUT REPAIR................................................8 DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION ....... OMITTED DA-10 MANHOLE REHABILITATION...............................................,..,.......,.............OMITTED DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION ....................OMITTED DA-12 INTERIOR MANHOLE COATING - MICROSILICATE MORTAR SYSTEM .,...OMITTED DA-13 INTERIOR MANHOLE COATING - QUADEX SYSTEM ..................................OMITTED DA-14 INTERIOR MANHOLE COATING - SPRAY WALL SYSTEM ..................,........OMITTED DA-16 INTERIOR MANHOLE COATING - RAVEN LINING SYSTEM ........................OMITTED DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPDXY LINER OMITTED DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM..........................OMITTED DA-18 RIGID FIBERGLASS MANHOLE LINERS .......................................................OMITTED DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION- ........... ........... ... _OMITTED DA-20 PRESSURE GROUTING............................................................... .............OMITTED DA-21 VACUUM TESTING OF REHABILITATED MANHOLES.. ................... ........... OMITTED DA-22 FIBERGLASS MANHOLES.............................................................................OMITTED DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES.....................10 DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER ................................OMITTED DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS_ ......................................OMITTED DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE.................................OMITTED DA-27 GRADED CRUSHED STONES...................,...............................,.......,.,...........OMITTED DA-28 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE...............................................OMITTED DA-29 BUTT JOINTS - MILLED.,.... ....... ....... ............... ....... . .......... OMITTED DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX).........................................OMITTED DA-31 REPLACEMENT OF 7" CONCRETE VALLEY C;I ITTFR.................................OMITTED DA-32 NEW 7" CONCRETE VALLEY GUTTER.........................................................OMITTED DA-33 NEW 4" STANDARD WHEELCHAIR RAMP ........... .............................:...........OMITTED DA-34 8" PAVEMENT PULVERIZATION...................................................................OMITTED DA-36 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUTi ..............OMITTED DA-36 RAISED PAVEMENT MARKERS....................................................................OMITTED DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING .................11 DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL ......... 15 DA-39 ROCK RIPRAP - GROUT - FILTER FABRIC ...................................................OMITTED DA-40 CONCRETE RIPRAP.......................................................................................OMITTED DA-41 CONCRETE CYLINDER PIPE AND FITTINGS ...............................................OMITTED DA-42 CONCRETE PIPE FITTINGS AND"SPECIALS................................................OMITTED DA-43 UNCLASSIFIED STREET EXCAVATION.........................................................OMITTED DA-44 6" PERFORATED PIPE SUBDRAIN...............................................................OMITTED DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS.............................,...,.......OMITTED DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION ....................................OMITTED DA-47 PAVEMENT REPAIR IN PARKING AREA........................................................OMITTED DA-48 EASEMENTS AND PERMITS......................................................................................16 10/23/08 ASC-1 G:11210WM3-011SPECIFICATIONS1900% SPECS105.4 -GREEN DOUBLE SIDED -PART DA - ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS DA-49 HIGHWAY REQUIREMENTS......................................................................................17 DA-60 CONCRETE ENCASEMENT.....................................................................................17 DA-51 CONNECTION TO EXISTING STRUCTURES .................................................OMITTED DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION ......................OMITTED DA-53 OPEN FIRE LINE INSTALLATIONS................................................................OMITTED DA-64 WATER SAMPLE STATION........ ................... ............................... ....... ..... OMITTED DA-56 CURB ON CONCRETE PAVEMENT...............................................................OMITTED DA-66 SHOP DRAWINGS......................................................................................................17 DA-57 COST BREAKDOWN......................................................................................OMITTED DA-68 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY... ..................... OMITTED DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP........................................................OMITTED DA-60 ASPHALT DRIVEWAY REPAIR... ...................................... ........... ........... ....OMITTED DA-61 TOP SOIL........................................................................................................OMITTED DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT...................18 DA-63 BID QUANTITIES............................................................................................OMITTED DA-64 WORK IN HIGHWAY RIGHT OF WAY............................................................OMITTED DA-66 CRUSHED LIMESTONE (FLEX-BASE)..........................................................OMITTED DA-66 OPTION TO RENEW...... ... ............................... ........... ... __ ............... _OMITTED DA-67 NON-EXCLUSIVE CONTRACT.......................................................................OMITTED DA-68 CONCRETE VALLEY GUTTER.......................................................................OMITTED DA-69 .... ....... . . TRAFFIC BUTTONS........................................................ .OMITTED DA-70 PAVEMENT STRIPING... ....... __ ...... ................................ ...... ..................... OMITTED A-71 H.M.A.C. TESTING PROCEDURES................................................................OMITTED DA-72 SPECIFICATION REFERENCES.................................................................................18 DA-73 RELOCATION OF SPRINKLER SYSTEM BACK -FLOW PREVENTER/CONTROL VALVEAND BOX......................................................................................................18 DA-74 RESILIENT -SEATED GATE VALVES.........................................................................18 DA-76 EMERGENCY SITUATION, JOB MOVE -IN., ........... ....................... ....... ... OMITTED DA-76 1 %" & 2" COPPER SERVICES......................................................................OMITTED DA-77 SCOPE OF WORK (UTIL. CUTI.....................................................................OMITTED DA-78 CONTRACTOR'S RESPONSIBILTY (UTIL. CUTE..........................................OMITTED DA-79 CONTRACT TIME (UTIL. CUTI.......................................................................OMITTED DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUTI .....................OMITTED DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUTI........................................OMITTED DA-82 LIQUIDATED DAMAGES (UTIL. CUT)............................................................OMITTED DA-83 PAVING REPAIR EDGES (UTIL. CUTI...........................................................OMITTED DA-84 TRENCH BACKFILL (UTIL. CUTI.................................. :............................................. 19 DA-86 CLEAN-UP (UTIL. CUTI..................................... ......... .................................OMITTED DA-86 PROPERTY ACCESS (UTIL. CUTI.................................................................OMITTED DA-87 SUBMISSION OF BIDS (UTIL. CUTI................................................................OMITTED DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL.; CUTIJ ....................................OMITTED DA-89 CONCRETE BASE REPAIR FOR UNIT it & UNIT Ill (UTIL. CUTI ..................OMITTED DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUTI..................................................OMITTED DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUTI .... ,,...... 19 DA-92 MAINTENANCE BOND (UTIL. CUTI...............................................................OMITTED DA-93 BRICK PAVEMENT (UTIL. CUTI, ... __ ........................... ....... ....... __ ... ..... OMITTED DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) .................................................OMITTED DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT), .................. ........... ... ....OMITTED DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUTI .............................OMITTED 10123108 ASC-2 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 -GREEN DOUBLE SIDED -PART DA-ADDL.DOC MR MR i i ON MR ON .9 PART DA - ADDITIONAL SPECIAL CONDITIONS w w as ON DA-97 "QUICK -SET" CONCRETE (UTIL. CUTI.........................................................OMITTED DA-98 UTILITY ADJUSTMENT (UTIL. CUTI..........................................,..,...........,.....OMITTED DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT).......... ........................................................................................................................OMITTED DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUTI ........................OMITTED RE DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT)..........................................OMITTED DA-102 PAYMENT (UTIL. CUTI...............................................................................OMITTED DA-103 DEHOLES (MISC. EXT.1..............................................................................OMITTED DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.)...........................................OMITTED DA-106 PRESSURE CLEANING AND TESTING. (MISC. EXT.1 ...............................OMITTED DA-106 BID QUANTITIES (MISC. EXT.1...................................................................OMITTED DA-107 LIFE OF CONTRACT (MISC. EXT.1...............................................,...,.......,.OMITTED DA-108 FLOWABLE FILL (MISC. EXT.1..................................................................OMITTED DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.) ..................... ..............OMITTED DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.R.................OMITTED DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) .................................OMITTED DA-112 MOVE IN CHARGES (MISC. REPL.1...........................................................OMITTED DA-113 PROJECT SIGNS (MISC. REPL.)................................................................OMITTED DA-114 LIQUIDATED DAMAGES (MISC. REPL.1............................................ ....OMITTED DA-116 TRENC" SAFETY SYSTEM DESIGN (MISC. REPL.J...............................-OMITTED DA-116 FIELD OFFICE.............................................................................................OMITTED DA-117 TRAFFIC CONTROL PLAN.........................................................................OMITTED DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS..OMITTED DA-119 CATHODIC PROTECTION SYSTEM OMITTED 10123108 ASC-3 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 - GREEN DOUBLE SIDED - PART DA - ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT A. GENERAL: 1. Furnish materials and necessary accessories, with strengths, thickness, coatings, and fittings indicated, specified and/or necessary to complete the work. 2. All excavation shall provide an open area conforming to the outside diameter of the casing and/or carrier conduit. The excavation shall be to an alignment and grade which will allow the carrier conduit to be installed to proper line and grade as 'F shown on the Plans and as established in the Specifications. 3. Work shall be performed in accordance with the requirements of the City of Fort ►- Worth Water Department, the Texas Department of Transportation, or railroad company, as applicable. B. MATERIALS: 1. Casing Pipe: Casing pipe shall be steel conforming to ANSI B36.10 and the following: a. Field Strength: 35,000 psi minimum. b. Wall thickness: 0.312 in. minimum (0.5 for railroad crossings). C. Diameter: As shown on the drawings (minimum size requirements). d. Joints: Continuous circumferential weld in accordance with AWS D1.1. 2. Carrier Pipe in Casing: Carrier pipe shall be as shown on drawings and as specified in the General Contract Documents. 3. Sewer Pipe without Casing Pipe: Shall be minimum Class 51 ductile iron pipe, or as designated on the plans. 4. Grout: Grout shall be Portland Cement grout of min. 2000 psi compressive strength at 28 days. Proportioned not less than 1 cu. ft. of cement to 3 cu. ft. of fine sand with sufficient water added to provide a free flowing thick slurry. C. EXECUTION 1. Where sewer pipe is required to be installed under railroad embankments or under highways, streets or other facilities in other than open cut, construction shall be performed in such a manner so as to not interfere with the operation of the railroad, street, highway, or other facility, and so as not to weaken or damage any embankment or structure. During construction operations, barricades and lights to 10123106 ASC-4 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 -GREEN DOUBLE SIDED -PART DA - ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS safeguard traffic and pedestrians shall be furnished and maintained, until such time as the backfill has been completed and then shall be removed from the site. 2. Pits and Trenches: a. If the grade of the pipe at the end is below the ground surface, suitable pits or trenches shall be excavated for the purpose of conducting the jacking or tunneling operations and for placing end joints of the pipe, Wherever end trenches are cut in the sides of the embankment or beyond it, such work shall be sheeted securely and braced in a manner to prevent earth from caving in, b. The location of the pit shall meet the approval of the Engineer. C. The pits of trenches excavated to facilitate these operations shall be backfilled immediately after the casing and carrier pipe installation has been completed. .� 3. Boring and Jacking Steel Casing Pipe: Steel casing pipe shall be installed by boring hole with the earth auger and simultaneously jacking pipe into place. a. The boring shall proceed from a pit provided for the boring equipment and workmen. The holes are to be bored mechanically. The boring shall be done using a pilot hole. By this method an approximate 2-inch hole shall be bored the entire length of the crossing and shall be checked for line and grade on the opposite end of the bore from the work pit. This pilot hole shall serve as the centerline of the larger diameter hole to be bored. Other methods of maintaining line and grade on the casing may be approved if acceptable to the Engineer. Excavated material shall be placed near the top of the working pit and disposed of as required. The use of water or other fluids in connection with the boring operation will be permitted only to the extent required to lubricate cuttings. Jetting or sluicing will not be permitted. a. b. In unconsolidated soil formations, a gel -forming colloidal drilling fluid consisting of at least 10 percent of high grade carefully processed bentonite may be used to consolidate cuttings of the bit, seal the walls of the hole, and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. C. Allowable variation from the line and grade shall be as specified under paragraph A.2. All voids between bore and outside of casing shall be pressure grouted. 4. Installation of Carrier Pipe in Casing: a. Sanitary sewer pipe located within the encasement pipe shall be supported by "skids" or "bands" to prevent the pipe and bells from snagging on the inside of the casing, and to keep the installed line from resting on the bells. 10123108 ASC-5 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 - GREEN DOUBLE SIDED - PART DA - ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS b. All skids shall be treated with a wood preservative. Skids should extend for the full length of the pipe with the exception of the bell area and spigot area necessary for assembly unless otherwise specified. C. The Contractor shall prevent over -belling the pipe while installing it through the casing. A method of restricting the movement between the assembled bell and spigot where applicable shall be provided. d. At all bored, jacked, or tunneled installations, the annular space between the carrier pipe and casing shall be filled with grout. Care must be taken PM that not too much water is forced into the casing so as not to float the pipe. The backfill material will not be required unless specified on the plans and specified by the Engineer. .• e. Closure of the casing after the pipe has been installed shall be plugged at the ends of the casing as shown on the drawings or as required by the .. Engineer. 5. Boring and Jacking Ductile Iron Pipe without Casing Pipe: a. As indicated on drawings and as required and directed by the Engineer sewer shall be constructed of bore and jacked ductile iron pipe. b. When a casing pipe is not designated on the drawings, the contractor shall provide a casing pipe if necessary to achieve line and grade. Casing pipe shall be provided at no additional cost and shall be subsidiary to the cost bid for installation By Other than Open Cut. C. Bore and jack in accordance with paragraph C.3. above. d. Short length of sewer consisting of a single pipe section may be installed by jacking without a bore hole if permitted by the Engineer and in soft soil -- layer. All voids outside of installed pipe shall be pressure grouted. 6. Tunneling: Where the characteristics of the soil, the size of the proposed pipe, or the use of monolithic sewer would make the use of tunneling more satisfactory than jacking or boring, or when shown on the plans, a tunneling method may be used, with the approval of the Engineer or railroad/highway officials. a. When tunneling is permitted, the lining of the tunnel shall be of sufficient strength of support the overburden. The Contractor shall submit the proposed liner method to the Engineer for approval. The tunnel liner design shall bear the seal of a licensed professional engineer in the State of Texas. Approval by the Engineer shall not relieve the Contractor of the responsibility for the adequacy of the liner method. b. The space between the tunnel liner and the limits of excavation shall be pressure grouted or mud -jacked. — ICV23108 ASC-6 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 - GREEN DOUBLE SIDED -PART DA-ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS ., C. Access holes for placing concrete shall be space at maximum intervals of 10 feet. D. MEASUREMENT AND PAYMENT: Installation of pipe by other than open cut will be measured by the linear foot of pipe, complete in place. Such measurement will be made between the ends of the pipe along the central axis as installed. The work performed and materials furnished as prescribed by this item will be paid for at the Contract Unit Price bid per linear foot for Pipe Installed by Other Than Open Cut of the type, size, and class of pipe specified as shown on plans. The furnishing of all materials, pipe, liner materials required for installation, for all preparation, hauling and installing of same, and for all labor, tools, equipment and incidentals necessary to complete the work, including excavation, backfilling and disposal of surplus material shall be included in the Contract -� Unit Price as shown in the Bid Proposal. Payment shall not include pavement replacement, which if required, shall be paid separately. DA-7 TYPE OF CASING PIPE 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows: .. 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 AWWA C-203. B. Touch-up after field welds shall provide coating equal to those specified above. C. Minimum thickness for casing pipe used shall be 0.375 inch. Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company, Advanced Products and Systems, Inc., or an approved equal shall be used on all non - concrete pipes when installed in casing. Installation shall be as recommended by the manufacturer. M 2. SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 10123108 ASC-7 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 - GREEN DOUBLE SIDED -PART DA - ADDL.DOC am PART DA - ADDITIONAL SPECIAL CONDITIONS DA-8 SERVICE LINE POINT REPAIR / CLEANOUT REPAIR A. GENERAL: The work covered by this item consists of furnishing all labor, material, equipment, supervision, etc, necessary to construct a point repair on the portion of a service line located within a utility easement, street right-of-way or on private property. Point repairs on Drivate Dropertv shall only be addressed after the Contractor has received written permission from the Droperty owner to do the work. A blank Right -of -Entry Agreement form to be completed by the Contractor and the individual property owners is included at the end of this section. The Contractor shall keep a record copy of all Right - of -Entry forms obtained and have it on hand at all, times during construction. '! The street addresses and approximate location of service line repairs are shown in Table _ and the Field Survey Forms in Attachment _. It shall be the Contractors — responsibility to accurately field locate the exact point of repair. B. MATERIALS: W. The pipe replacement material shall be gasketed joint, gravity PVC sewer pipe (ASTM D- 3034, SDR 26) and have a minimum cell classification of 12454 A or B as defined in ASTM D-1784. Installation shall be in strict compliance with the manufacturer, recommendations and the Uni-Bell Plastic Pipe Association. The method of jointing the ends of the replaced pipe with the existing pipe shall be water tight. C. EXECUTION: 1. After the location of the point repair is determined, the Contractor shall excavate and remove the damaged pipe and replace with new pipe. The minimum length of pipe replaced shall be three (3) feet. All work shall be Derformed by a licensed plumber. Determine whether additional lengths of line beyond "minimum length" criteria need replacement. Report need for additional replacement to City and obtain approval before proceeding. 2. The Contractor shall excavate, shape the bottom of the trench and place the required pipe bedding so that the grade of the replaced pipe matches the existing service line grade. 3. Numerous service line point repairs along with lateral line point repairs and obstruction removals are located in areas which in many instances will require the removal of existing landscaping, structures, sidewalks, driveways, etc. Items removed or disturbed shall replaced or restored to original conditions or better. 4. Removal of Debris: Excess excavated material and debris are to be removed from the work site daily. Cost of hauling excess excavation and debris is to be included in the price bid for "Service Line Point Repair". 5. Roof and Yard Drains: At the locations indicated in Table _ of the Attachments. The Contractor shall disconnect roof and yard drains from the sanitary sewer service line. For yard drains, the Contractor shall excavate and remove the drain from the yard and plug the line at the property line. For roof drains; the Contractor shall remove the downspout from the drain line and plug the line to prevent inflow. 10123108 ASC-8 G:\1210\4463-01 \SPECIFICATIONS\100% SPECS\05.4 - GREEN DOUBLE SIDED -PART DA - ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS In addition, the Contractor shall install an elbow fitting at the bottom of the downspout to direct runoff, away from the building, and a concrete splash pad to .. prevent erosion. 6. Disconnected Service Lines: At the locations indicated in Table_ of Attachments to the Special Contract Documents, the Contractor shall remove the service line no longer in use by excavating at the property line and plugging the service line. 7. Abandonment of Point Repair: If a pipe is exposed and found in good condition, not requiring a point repair, notify City Engineer who will record abandonment of point repair. Backfill the excavation, replace pavement or sidewalk and repair and seed or sod unpaved areas. 8. Cleanout Repair: The Contractor shall make appropriate repairs to cleanouts as indicated in Table _ and as shown on the PLANS. All cleanout repair work shall be performed by a licensed Dlumber. a. General w This special condition describes the repair of sanitary sewer cleanouts located on private property as designated on the 1/1 Elimination Repair plans. Repair of the cleanouts shall consist of replacing defective cleanout caps or installing new caps where none exist, such that inflow is eliminated. There will be no repairs made to the existing cleanouts that require excavation, other than what is required to expose the top of the cleanout so that the new caps can be installed. b. Materials Replacement cleanout caps shall be Dal -Caps as manufactured by Dallas Specialty & Mfg. Company, or equal. The rubber caps are held down by stainless steel clamps. C. Excavation 1) The Contractor shall submit shop drawings on all materials and equipment to be installed. 2) The Contractor is responsible for obtaining right of entry from the property owners prior to performing any work. Property owners should be notified 48 hours in advance of any work on their property. 3) The Contractor shall restore any disturbed surface to its original or better condition at no separate pay. D. . MEASUREMENT AND PAYMENT: 10123108 ASC-9 G:\121014463-01\SPECIFICATIONS\100% SPECS\05.4 -GREEN DOUBLE SIDED -PART DA-ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS MR 1. Payment for service line point repair shall be on a unit price basis for each repair performed on all sizes of service lines for the respective depths. The minimum length of service line point repair shall be three (3) feet. No separate pay if the work is done within the limits of a service line reconnect as defined in Special Condition, D-28, "Sanitary Sewer Services". 2. Measurements for extra length repair is on a linear foot basis for repairs in excess of the minimum 3 foot replacement length. 3. All pipe fittings, adapters, concrete collars, bedding, and removal and replacements of grass sodding required shall be considered incidental to service line point repair. 3. If no pay item is included for any work required to properly complete a service line point repair as specified, the cost to perform said work, including any required removal and replacement of materials, shall be considered incidental to the service r• line point repair. 5. Depth of Bury is to be measured from Natural Ground. Level to the Flow Line of the Sanitary Sewer Service Line at the Point of Replacement. The minimum trench width shall be 3'-0". 6. All excavation, backfill, removal and replacement of grass sodding and landscaping, plugs, fittings, and splash pads shall be. considered incidental to removal of yard drains, disconnecting roof drains and plugging disconnected service lines. 7. No separate payment will be made for the Contractor to obtain written permission to enter private property. 8. Payment will be made for Abandonment of Point Repairs at the Contract Unit Price for Excavation and Backfill Abandoned Point Repairs. 9. Payment shall be made at the Contract Unit Price for each sanitary sewer cleanout successfully repaired. Payment shall be full compensation for all materials, equipment, and labor required to perform the work. DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES The contractor shall be responsible for locating and marking all previously exposed manholes PM and water valves in each street of this contract before the resurfacing process commences for a particular street. The contractor shall attempt to include the Construction Engineer (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum of two (2) working days before resurfacing begins on any street. Marking the curbs with paint is a recommended procedure. 10123108 ASC-10 G:1121OW463-011SPECIFICATIONS1100% SPECS105.4 - GREEN DOUBLE SIDED - PART DA - ADDL.DOC /A PART DA - ADDITIONAL SPECIAL CONDITIONS It shall be the contractors responsibility to notify the utility companies that he has commenced work on the project. As the resurfacing is completed (within same day) the contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: ComDanv Telephone Number Fort Worth Water Dept. 817-392-8296 ATMOS Gas 1-866-332-8667 _ TXU Electric 1-800-242-9113 SW BT 1-800-395-0440 Charter Communications 817-246-5538 Fort Worth Transportation and Public Works 817-392-6594 For other facilities 1-800-DIG-TESS Of course, under the terms of this contract, the contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the resurfacing operation by the Construction Engineer. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING A. GENERAL: Where known by the design engineer, the locations of potentially petroleum contaminated material (soil) that may be encountered during excavation and/or construction activities will be shown on the plans. For all locations where material is excavated and suspected of being contaminated with petroleum products, whether known or not, these special conditions are to be followed. The contractor is also to follow all applicable Federal. State and Local regulations when handling known or suspect contaminated materials (soils). 1. WORK INCLUDED a. Excavation, stockpiling and testing of Potentially Petroleum Contaminated Material. b. Removal, testing, and disposal of petroleum contaminated groundwater. c. Obtaining and paying for required permits. 10123108 ASC-11 G:\1210\4463-01 \SPECIFICATIONS\100% SPECS\05.4 -GREEN DOUBLE SIDED -PART DA - ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS d. Hiring of qualified environmental -professional consultant(s). Contractor will be required to submit the environmental consultant's experience and qualifications to the City prior to beginning work in areas of Potentially Petroleum Contaminated Material. e. Hiring of qualified environmental sampling professionals that will collect and submit samples to the applicable City of Fort Worth testing laboratory. The City of Fort Worth's Department of Environmental Management for coordination of laboratory testing. 2. REFERENCES a. All applicable OSHA regulatory requirements. b. All applicable Environmental Protection Agency (EPA) regulatory requirements. c. All applicable State of Texas regulatory requirements. .. d. All applicable City of Fort Worth (City) regulatory requirements. e. All applicable NIOSH standards. f. All applicable TNRCC requirements. 3. SUBMITTALS -- �. The contractor shall prepare and submit to the City's Department of Environmental Management, Senior Specialist in Compliance, plans for handling Potentially Petroleum Contaminated Material (PPCM) not less than 30 days prior to commencing excavation. b. The Contractor shall take necessary precautions while performing this project. Contractor shall not commence PPCM work (1) Contractor's submittal for dealing with PPCM is reviewed by the City and (2) the plans (i.e., drawing and description) for discharging any treated liquid into the storm sewer or sanitary sewer are reviewed by the City (3) and acceptable stockpile area is identified by the Contractor. c. Contractor shall submit the name of his proposed qualified environmental professional consultant(s) and proposed PPCM Handling Plan to the City. The PPCM Handling Plan shall include the detailed sequence of construction including proposed excavation and handling methods, proposed carriers for contaminated materials, waste disposal site, and a list of any permits that may be required for PPCM handling or contaminated materials disposal. The above data must be compiled and arranged in a format that is acceptable to the Texas Natural Resource r. Conservation Commission (TNRCC). d. Contractor shall submit actual limits of PPCM excavation, as prepared by his qualified environmental consultant(s) and testing lab. e. Contractor shall submit for review the proposed carrier pipe material to be used with the actual limits of PPCM excavation, including pipe gasket and carrier pipe coating or liner. 90123108 ASC-12 G:\1210\4463-01\SPECIFICATIONS\100%a SPECS\05.4 - GREEN DOUBLE SIDED - PART DA - ADDL.DOC on PART DA - ADDITIONAL SPECIAL CONDITIONS M B. PRODUCTS: 1. PIPE GASKET MATERIAL. Materials used within the actual limits of PPCM excavation, including pipe gaskets, shall be resistant to petroleum hydrocarbon deterioration. C. EXECUTION: no 1. POTENTIALLY PETROLEUM CONTAMINATED AREAS a. Areas suspected of having petroleum contaminated material (soils) are shown in on y the engineering drawings. b. In areas other than those noted on the plans and where potentially petroleum contaminated materials are either detected or suspected, the City of Fort Worth and the Engineer should be noted immediately and the work should proceed in accordance with this section. 2. SCREENING POTENTIALLY PETROLEUM CONTAMINATED AREAS a. Care should be taken during all excavation and dewatering activities to identify areas potentially contaminated by petroleum. b. When a petroleum odor is encountered during excavation or when there is visual evidence of potentially petroleum contaminated soil, the Contractor shall notify the Engineer without delay. .. c. The Contractor shall have retained the services of an environmental consultant who shall be present at the site to screen suspect soil with a photo -ionization detector (PID) or a flame ionization detector (FID). A reading of 20 ppm above ambient conditions or greater on PID or FID tested soil sample will be considered potentially petroleum contaminated. The soul sample should be a recent sample from the excavation face. The sample should be stored in a laboratory supplied glass jar with .. a teflon gasket lined lid. The City of Fort Worth Department of Environmental Management will be notified prior to all sample collection and submittal to the current testing laboratory identified by the'City. The PID or FID tests should be performed in a confined location. Soils producing a reading of less than 20 ppm above ambient will not be considered potentially petroleum contaminated. The PID or FID shall be calibrated according to manufactures instructions. d. Water encountered during excavation or dewatering shall be considered to be potentially contaminated if there is a visible sheen, a hydrocarbon odor, adjacent soil that appears visually to be contaminated by hydrocarbons or at any time the Contractor has reason to believe that hydrocarbon contamination may have occurred. The Contractor shall immediately notify the City and the TNRCC whenever contaminated water is encountered. a. The Contractor shall contact the City whenever contamination from any source is suspected. 10/23/08 ASC-13 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 -GREEN DOUBLE SIDED -PART DA-ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS P_ 3. HANDLING POTENTIALLY PETROLEUM CONTAMINATED SOIL (PPCS) a. Contractor shall coordinate with the City to determine a suitable location for the stockpiling of contaminated soil. The following procedure shall be followed in preparing the chosen site: 1. Provide a diked enclosure large enough to hold all material and prevent runoff. 2. The diked area shall be lined with 20-30 mil plastic tp prevent seepage into the existing soil. 3. At the end of each work day, Contractor shall completely cover stockpile with 20 mil plastic. During the day, the Contractor shall keep the stockpile covered, as necessary, to prevent release of contaminated materials due to rain or wind. 4. Sampling and evaluation of materials will be performed at the Contractor's expense. (The City of Fort Worth will provide laboratory services) b. PPCS shall be handled, tested, observing all standard chain -of -custody procedures and sampling preservation and analyses shall conform to published and recognized standards. c. The stockpiled PPCS shall be sampled and tested every 50 cubic yards for Total Petroleum Hydrocarbons (TPH) (TX1005) and Benzene, Toulene, Ethylbenzene and Xylene (BTEX) (EPA 8020). All test results will be forwarded to the City of Fort Worth Department of Environmental Management. d. Contaminated soil identified by test results will be disposed of according to DA-36, Loading, Transportation, and Disposal of Contaminated Soil. e. It is the intent of the City of Fort Worth that uncontaminated soils be utilized as backfill material, if the soils also meet the Type C or B backfill classifications. 4. HANDLING POTENTIALLY PETROLEUM CONTAMINATED WATER (PPCW) a. Water pumped from the excavation or from dewatering activities that has an oily sheen, a hydrocarbon odor, or is otherwise suspect, shall be considered potentially petroleum contaminated. b. PPCW shall be handled, tested, and discharged in accordance with the TNRCC's appropriate state regulation. PPCW shall be tested no later than 15 days prior to extraction. PPCW shall, if necessary, be treated in an appropriately sized oiltwater separator, air stripper or GAC canisters. Contractor shall have his testing laboratory determine that the oil/water separator treated discharge is within the limits established by the TNRCC's regulations before being allowed to discharge (discharge to sanitary sewer). Contractor shall be responsible for furnishing the effluent test reports to the City. c. Alternatively, the Contractor may dispose of contaminated water, after appropriate pretreatment, into the sanitary sewer collection system. It shall be the responsibility of the Contractor to obtain the necessary permit(s) and to perform all testing required by the City of Fort Worth Pretreatment Services Division. 10123108 ASC-14 G:1121014463-011SPECIFICATIONS1100% SPECS105.4 -GREEN DOUBLE SIDED -PART DA - ADDL.DOC Fm r- .. PART DA - ADDITIONAL SPECIAL CONDITIONS d. All treated water shall be discharged into a Contractor supplied Frac Tank, sampled, and analyzed before discharge into the sewer system. e. The product that is recovered shall be disposed of in accordance with all applicable regulations. Any phase separate product recovered from the oil/water separator and air stripper shall be transported in accordance with Department of Transportation rules and regulations for flammable products. When transporting product for disposal, transportation shall also be performed by a licensed carrier. The Contractor is responsible for proper manifesting of the material from the site to the waste disposal facility. Completed Manifests shall be returned to the City Department of Environmental Management within 90 days of shipment. 5. HANDLING VAPOR CONCENTRATIONS a. In order to maintain safe working conditions, the vapor concentrations should not exceed 20 percent of the Lower Explosive Limit (LEL). During construction, measures should be taken to maintain LEL levels below 20 percent in all working areas. b. To monitor vapor levels and oxygen levels a combustible gas indicator (CGI) with a LEIJO2 meter should continuously operate in the working area. The CGI should be properly calibrated and should have an alarm that sounds if 20 percent LEL is reached. Monitoring data from the GCI should be recorded periodically to determine if ventilation or other methods are effective. In the event local health and safety agencies require more stringent monitoring, the local regulations must be implemented. " D. MEASUREMENT AND PAYMENT: Payment for handling PPCS, PPCW and Vapor Concentrations, obtaining and paying for -� any permits required, hiring the services of a qualified professional environmental consultant(s), environmental issues, stockpiling and all issues included and incidental to this section will be full compensation for all labor, equipment, materials, and supervision. Measurement and Payment for this section will be per linear foot of trench excavated where the excavated material is handled as a contaminated material. No separate payment will be made for handling of contaminated water, vapor concentrations, sampling, stockpiling, etc. DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL A. GENERAL: This item has been established for the loading, transportation and disposal of contaminated soils in a State of Texas approved disposal site (landfill) to handle special wastes (petroleum contaminated soils). A bid item has been established in the proposal for the proper loading, transportation and disposal of the material to a designated site and the quantity established is the engineers best estimate of the quantity that may be removed_ This quantity may vary depending upon actual. conditions and testing results. The unit price bid will not be increased regardless of the actual amount of material disposed and 10/23/06 ASCA 5 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 -GREEN DOUBLE SIDED -PART DA - ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS may be decreased if a larger volume of material, than that listed in the bid proposal, results in a unit cost reduction for disposal. B. WASTE MANIFESTS: Any and all non -hazardous liquid and petroleum substance waste removed from the site of generation and transported for treatment and/or disposal must be accompanied by a waste shipment record/manifest detailing required generator, transported, destination and waste description information. These results may not be uniform throughout the entire site. For all petroleum substance waste, the waste shipment record utilized shall be the TNRCC PETROLEUM -SUBSTANCE WASTE AFFIDAVIT (Form TWC-0332). The Contractor shall be responsible for obtaining, originating and maintaining manifests in accordance with federal and state laws. The Contractor shall sign the manifests '- forms as Independent Contractor to the Owner. AUTHORIZATION OF PAYMENT FOR REMOVAL TRANSPORT AND TREATMENT / DISPOSAL OF WASTES IN CONTINGENT UPON RECEIPT BY THE ENGINEER OF FULLY COMPLETED AND .� SIGNED MANIFEST FORMS that are in agreement with regard to the type and amount of waste removed from the site and received by the treatment/disposal facility. The Contractor shall immediately resolve any manifest discrepancies, Completed Manifests shall be returned to the City Department of Environmental Management within 90 days of shipment. C. MEASUREMENT AND PAYMENT: Payment for this item shall be made per in place cubic yard of contaminated soils that are loaded, transported and disposed of in an approved special disposal site. No separate payment will be made for loading, transportation and disposal of contaminated ground waters collected; these costs considered subsidiary to DA-37, POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING. The proposed landfill shall be included in the Contractor's bid submittal and approved by the City of Fort Worth Department of Environmental Management prior to contract award. Contractor shall be responsible for all landfill costs, including, but not limited to landfill fees, transportation costs and landfill operator requested analytical testing and waste characterization. DA-48 EASEMENTS AND PERMITS Easements and permits, both temporary and permanent, have been secured for this project at o* this time and made a part thereto. Any easements and/or permits, both temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the 10123108 ASC-G 16 G:1121044463-011SPECIFICATIONS1100% SPECS105.4 -GREEN DOUBLE SIDED -PART DA - ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS property owners involved for the use of additional property required. No additional payment will be allowed for this item. DA-49 HIGHWAY REQUIREMENTS The Texas Department of Transportation requirements pertaining to the construction of this project are enclosed herein and made part of these specifications. DA-50 CONCRETE ENCASEMENT Concrete encasement shall be Class E (1500 psi) concrete and for sewer line encasements shall conform to Fig. 113; for water line encasements it shall conform to Fig. 20 of the General Contract Documents. Requirements for such encasement are specified in Sections E1-20 and E2-20 of the General Contract Documents. Payment for work such as forming, placing, and finishing including all labor, .tools, equipment and material necessary to complete the work shall be included in the linear foot price bid for Concrete Encasement, DA-56 SHOP DRAWINGS 1. Submit seven (7) copies of shop drawings, layouts, manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the Engineer, which may result from his review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations, discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern. The Contractor shall be responsible for dimensions which are to be confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his work with that of other trades and satisfactory performance his work. The Contractor shall check and verify all _ measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the application. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form. 2. Shop drawings shall be submitted for the following items prior to installation: List the required submittals here 10123to8 ASC-17 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 - GREEN DOUBLE SIDED - PART DA - ADDL.DOC an PART DA - ADDITIONAL SPECIAL CONDITIONS Additional shop drawing requirements are described in some of the material specifications. 3. Address for Submittals - The submittals shall be addressed to the Project Manager: (Project Manager) City of Fort Worth 1000 Throckmorton p' Fort Worth, TX 76102 DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT This item shall include raising or lowering an existing meter box to the parkway grade specified No payment will be made for adjusting existing boxes which are within 0.001 feet of specified parkway grade. The unit price bid shall be full and sufficient payment for all labor, equipment and materials used in the adjustment of the meter box. DA-72 SPECIFICATION REFERENCES When reference is made in these specifications to a particular ASTM, AWWA, ANSI or other specification, it shall be understood that the latest revision of such specification, prior to the date of these general specifications or revisions thereof, shall apply. DA-73 RELOCATION OF SPRINKLER SYSTEM BACK -FLOW PREVENTER/CONTROL VALVE AND BOX The relocation and reconnection of sprinkler system control valve and box will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. A minimum of twenty-four (24) hours advance notice shall be given when service interruption will *- be required. When the relocation is required, separate payment will be allowed for the relocation of sprinkler back -flow preventer or control valve and box. Payment for all work and material such as back -fill, fittings, five (5) feet of PVC Schedule 40 and all material labor, and equipment used .. by and for the licensed plumber shall be included in the price bid for the relocation of sprinkler back -flow preventer or control valve and box. All other costs will be included in other appropriate bid item(s). DA-74 RESILIENT -SEATED GATE VALVES Any resilient -seated gate valves supplied for this contract shall conform to Material Standard E1-26, STANDARD SPECIFICATIONS FOR RESILIENT -SEATED GATE VALVES, with the exception of size requirements in sections E-26.1. All resilient -seated gate valves shall be mechanical joints and be approved on the City of Fort Worth Standard Product List. 10123108 ASC-18 G:1121014463-011SPECIFICATIONS1100% SPECS105.4 -GREEN DOUBLE SIDED -PART DA - ADDL.DOC PART DA - ADDITIONAL SPECIAL CONDITIONS DA-84 TRENCH BACKFILL (UTIL. CUT) The Water Department shall place the pipe embedment and backfill with washed rock per the following specification. _ Washed Rock: All washed rock used for embedment or as otherwise directed by the engineer shall be washed gravel or washed crushed stone or washed crushed gravel and shall meet the following gradation and abrasion: Sieve Size % Retained 1 0-10 IN 40-75 3/8" 55-90 #4" 90-100 #8 95-100 Los Angeles abrasion test: 50% Maximum wear per ASTM. DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) Contractor will be responsible for adjusting water valve boxes, manholes and vaults to match new pavement grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 10123108 ASC-19 G:\1210\4463-01\SPECIFICATIONS\100% SPECS\05.4 -GREEN DOUBLE SIDED -PART DA - ADDL.DOC 7'r 2•-1Q.. Trr 2.25" FOR�r WORTH 2.25 ----- -. - i-YR (TYP.) PROJECT NAME — -2" ..PROGRAM -NAME/PROJECT#/AMOUNT r This project is managed ;by z N Dept. a N Questions on this project; `. call; (817). 392-8306 ' After hours water and sewer emergencies, call: , 17) 382-4477 2.5rr � 5.�. ►_ _. —.._ __ a � I - 3. .i � L--1 V MITE L- PMS 288 (BLUE) FONTS: FORT WORTH LOGO - CHELTENHAM BOLD ALL OTHER TEXT - ARIAL LOGO COLORS: FORT WORTH - PMS 288 (BLUE) LONGHORN LOGO - PMS 725 (BROWN) iTY OF FORT WORTH TEXAS E2-1 CONSTRUCTION PROJECT SIGN - 4'x4' DATE: FEB.2009� VM-035 j o WATER DEPARTMENT SECTION 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. UPI-� 1 El MATERIAL SPECIFICATIONS E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS Revisions as of April 20, 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 ITrench Backfill: (Correct minimum compaction requirement wherever it appears, in this section to 95% Procter density except for paragraph a.l. where the "95% modified Procter density" shall remain unchanged). 20 on MN SECTION E100 — MATERIAL SPECIFICATIONS MATERIAL STANDARD E100-4 JANUARY 1, 1978 (ADDED 5/13/90) E1004 WATERTIGHT MANHOLE INSERTS. E100-4.1 GENERAL: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the. Fort Worth sanitary sewer collection system. E100-4.2 MATERIALS AND DESIGN: a . The manhole insert shall be of corrosion -proof high density polyethelene that meets or exceeds the requirements of ASTM D1248, Category 5, Type III. b . The minimum thickness of the manhole insert shall be 1/8". C . The manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprene rubber and meet the requirement ofASTM D 1056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1 wide woven polypropalene or nylon webbing, with the ends treated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. e . The manhole insert shall have one or more vent holes or valves to release gasses and allow water inflow at a rate no greater than 10 gallons per 24 hours. E 100-4.3 INSTALLATION: a. The manhole frame shall be cleaned of all dirt and debris before placing the manhole insert on the rim. b. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim. E100 (1) SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK ........................................ ...........SP-4 2. AWARD OF CONTRACT....................................................,.....................................SP-4 3. PRECONSTRUCTION CONFERENCE ................ ......................... :..........................:SP-4 4. EXAMINATION OF SITE ......................... .......................................... ......................... SP-4 5. BID SUBMITTAL ........................................................................................ ..........SP-4 6. WATER FOR CONSTRUCTION . ....... ............ ,............................................... ,.......... SP-5 7. SANITARY FACILITIES FOR WORKERS...............................................................SP-5 8. PAYMENT............................................................. ............................................ ,........ SP-5 9. SUBSIDIARY WORK..............................................................................................SP-5 10. LEGAL RELATIONS AND RESPONSIBILITIES TOTHE PUBLIC.......................................................................................................SP-5 11. WAGE RATES.........................................................................................................SP-5 12. EXISTING UTILITIES..............................................................................................,..SP-6 13. PARKWAY CONSTRUCTION.........:.........................................................................SP 7 14. MATERIAL STORAGE............................................................................... .............. SP 7 15. PROTECTION OF EXISTING UTILITIES _ AND IMPROVEMENTS......................................................... ..................................... SP-7 16. INCREASE OR DECREASE IN QUANTITIES ............................................ ............... SP-7 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS..................................SP-7 18. EQUAL EMPLOYMENT PROVISIONS ................................................. ............ ......... SP-8 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ................ .................... ....... ............................................ ....SP-8 20. FINAL CLEAN UP., ......................... ....................... I .................................................... SP-10 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW...........................................................................................SPA0 22. SUBSTITUTIONS ... ............ ..:........:............ ....... .......... ..:......... ........ .......................... SP-13 23. MECHANICS AND MATERIALSMEN'S LIEN........................................................... SP-13 24, WORK ORDER DELAY ....... .............................. ............ ............................. ................ SP-13 25. CALENDAR DAYS.................................................................................................. SPA 3 26. RIGHT TO ABANDON............................................................................................. SP-14 27. CONSTRUCTION SPECIFICATIONS ......... .......................................................... :.. SP-14 28. MAINTENANCE STATEMENT.........................................................,....... ,....... SP-14 29. DELAYS...................................................................................................... SP-14 30. DETOURS AND BARRICADES............................................................................... SP-14 31, DISPOSAL OF SPOIL/FILL MATERIAL.................................................................. SPA 32. QUALITY CONTROL TESTING.............................................................................. SP-15 33. PROPERTY ACCESS............................................................................................. SP-16 34. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES ...................... SPA 6 35, WATER DEPARTMENT PRE-QUALIFICATIONS................................................... SP-16 36. RIGHT TO AUDIT .................... ........ ..................... ..:.............. ............................ ...... SP-16 37. CONSTRUCTION STAKES .................................................... SP-17 38. LOCATION OF NEW WALKS AND DRIVEWAYS ...................... ................. .......... SP-17 39, EARLY WARNING SYSTEM FOR CONSTRUCTION..............................................SP-17 40, AIR POLLUTION WATCH DAYS............................................................................. SPA 8 City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SPA of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 41. PAY ITEM - PAVEMENT - UNCLASSIFIED STREET EXCAVATION - REMOVE... SP-20 42. PAY ITEM - PAVEMENT - NON GREEN CEMENT INSTALL ................................ SP-20 43. PAY ITEM - CURB - 7 INCH - INSTALL ........ ................. :......................................... SP-21 44. PAY ITEM - RETAINING WALL - INSTALL............................................................. SP-21 45, PAY ITEM - CURB - CURB AND GUTTER AS DIRECTED BY INSPECTOR - REPLACE................................................................................................. SP-21 46. PAY ITEM - PAVEMENT - TRANSITION - MIN 6 INCH HMAC ............................... SP-21 47. PAY ITEM - PIPE - 6 INCH SUBDRAIN W/ GRAVEL AND FILTER FABRIC INSTALL................................................................................................. SP-21 48. PAY ITEM - SAFETY SYSTEM > 5 FOOT DEPTH - INSTALL ................................ SP-22 49. PAY ITEM - PAY ITEMS - SUBGRADE - 8 INCH LIME STABILIZED - INSTALL and SUBGRADE - LIME FOR STABILIZATION - INSTALL .......................................... SP-22 50. PAY ITEM - PAVEMENT - 6 INCH HMAC - INSTALL ............................................. SP-22 51. PAY ITEMS - WALK - INSTALL, CURB & GUTTER - INSTALL, WALK - ADA WHEELCHAIR RAMP - INSTALL, AND DRIVEWAY - INSTALL ............................ SP-23 52. PAY ITEMS - WALK - REMOVE, CURB & GUTTER - REMOVE, WALK - ADA WHEELCHAIR RAMP REMOVE, AND DRIVEWAY - REMOVE ....... ......... ........ _ SP-24 53. PAY ITEMS - WALK - STEPS - REMOVE and WALK - STEPS - INSTALL .......,. SP-24 54. PAY ITEMS - FENCE - REMOVE and FENCE - INSTALL ..................................... SP-24 55. PAY ITEM - CURB & GUTTER - 7 INCH W/ 18" GUTTER - INSTALL ................... SP-25 56. PAY ITEMS - MAILBOX - REMOVE and MAILBOX - INSTALL ..............:..........:... SP-25 57. PAY ITEM - FILL MATERIAL - BORROW- INSTALL ................. ............................. SP-25 58. PAY ITEM - PAVEMENT - VALLEY GUTTER - INSTALL ....................................... SP-26 59. PAY ITEM - UNCLASSIFIED TRENCH EXCAVATION AND BACKFILL - INSTALLSP-26 60. PAY ITEM - STORM WATER POLLUTION PREVENTION > Than 1 AC SWPPP INSTALL....... .................................................................................. ........ ,. SP-26 61. PAY ITEM - TRAFFIC CONTROL - INSTALL.......................................................... SP-29 62. PRE BID ITEM - SIGN - PROJECT DESIGNATION - INSTALL ............................. SP-29 63. PRE BID ITEM - UTILITY ADJUSTMENT - REPAIR...........................................4... SP-30 64. PRE BID ITEM - TOP SOIL - INSTALL.................................................................... SP-30 65. PRE BID ITEM - VALVE BOX - ADJUSTMENT - SERVICES .:.......:....................... SP-30 66. PRE BID ITEM - MANHOLE - ADJUSTMENT - SERVICES ................................... SP-30 67. PRE BID ITEM - METER BOX - ADJUSTMENT - SERVICES . ........... 4....... 4....... ,:.. SP-31 68. PAY ITEM - PAVEMENT - SILICONE JOINT SEALANT -• INSTALL ....................... SP-31 69. NON -PAY ITEM - ACCEPTANCE OF REINFORCED CONCRETE PAVEMENT..... SP-35 70. NON -PAY ITEM - CLEARING AND GRUBBING.........................................:............ SP-36 71. NON -PAY ITEM - SPRINKLING FOR DUST CONTROL ...................... 4................... SP-36 72. NON -PAY ITEM - PROTECTION OF TREES, PLANTS AND SOIL ......................... SP-36 73. NON -PAY ITEM - CONCRETE COLORED SURFACE... ....................... ............... - SP-37 74. NON -PAY ITEM - PROJECT CLEAN-UP.................:...................I...........:............... SP-37 75. NON -PAY ITEM - PROJECT SCHEDULE............................................................;..: SP-37 City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07128/2010 Page SP-2 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 76. SCHEDULE TIERS SPECIAL INSTRUCTIONS ....................................................... SP-40 77. NON -PAY ITEM - NOTIFICATION OF RESIDENTS ................................................ SP-40 78. NON -PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION..................................................................................................... SP-41 79. NON -PAY ITEM - PRE -CONSTRUCTION NEIGHBORHOOD MEETING ............... SP-41 80. NON -PAY ITEM - WASHED ROCK.......................................................................... SP-41 81. NON -PAY ITEM - SAWCUT OF EXISTING CONCRETE ........................................ SP-41 82. NON PAY ITEM - LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES................................................................................................. SP-42 83. NON PAY ITEM - TIE IN INTO STORM DRAIN STRUCTURE....... .......................... SP-42 84. NON PAY ITEM - SPRINKLER HEAD ADJUSTMENT ............................................ SP-42 85. NON PAY ITEM - FEE'FOR STREET USE PERMITS AND RE -INSPECTIONS...... SP-42 86. NON PAY ITEM - TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................ SP-42 NOTE - CONSULTANT AND CITY PM. MAKE SURE TOC IS UPDATED TO HAVE ANY ADDED OR DELETED SECTIONS AND THAT THE PAGE NUMBERS MATCH. City of Fort Worth, Texas Special Provisions For Street and Storm Drain improvements PMO Release Date: 07/2812010 Page SP-3 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release 20100728).doe SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: City of Fort Worth, Texas 2007.CRITICAL CAPITAL PROJECT COUNCIL DISTRICT 5; CONTRACT 5C CAPERS AVENUE, OSBOURNE LANE, RANSOM TERRACE, AND PLANTS AVENUE D.O.E. PROJECT NO. 5878 CITY PROJECT NO. 00950 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Construction of paving, water, and sanitary sewer improvements along Bidaker Drive from US Highway 287 to the dead end east of Bishop, Bright Street from Berry to Reed, and Burton from -U.S. Highway 297 to Campbell and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which. are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Submission of Bids: Unit I and Unit II constitute a package. If the Contractor submits a bid on both Unit I and Unit II and has the lowest responsive proposal price, the Contractor will be the apparent successful bidder for this project. Bidders are hereby informed that the Director of the Transportation and Public Works Department reserves the right to evaluate and recommend to the City Council the best biq that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Design Consultant, and City shall meet at the call of the City for a preconstruction conference before any work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to - the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. 5. BID SUBMITTAL: Bidders shall submit a complete package, including ALL completed forms that must be submitted with the Proposal (including Vendor Compliance to State Law. Failure to provide a complete bid package may be grounds for designating bids as °non -responsive" and rejecting bids as appropriate and as determined by the Director of the Transportation and Public Works Department. - 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-4 of 45 05.8 - white double sided - Special Provisions paving -drainage (PMO Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the ENGINEER per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: Compliance with and Enforcement of Prevailing Wage Laws Dutv to oav Prevailing Waae 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. Penaltv for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and 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 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages City of Fort Worth. Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-5 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, - including a penalty owed to the City or an affected'worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. Postina of Waae Rates. — The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Comaliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above'. (Wage rates are attached at the end of this section.) 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in ._ advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services _ encountered. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SP-B of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Any damage .to utilities and any losses to the utility or. City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Transportation and Public Works Department 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission in writing from the property owner and storage of material on the private property complies with current City zoning requirements for the use of property for storage purposes. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Design Consultant to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground. 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Design Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, .servants and employees and any damage, loss or City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07128/2010 Page SP-7 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. _ The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of Fort -Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) City business days after bid opening. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-8 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS demonstrate "good faith effort", shall result in a bid being rendered non -responsive to specifications. Contractor shall provide copies of subcontracts or co -signed letters of intent with approved M/WBE subcontractors prior.to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the MMBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non- responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds. 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-9 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the ENGINEER. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general restoring the worksite to an orderly appearance. 21..CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage ("Certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, OR TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and . accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or* materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply - deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/28/2010 Page SPA 0 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (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; City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-11 of 45 05,6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain form each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contractor providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all -employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services. on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-12 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-463-3642 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the ENGINEER to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed, the substitution must be approved by the City. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the ENGINEER, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub -section as related to "substitutions" shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities, right- of-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. CALENDAR DAYS: The Contractor agrees to complete the Contract within the allotted number of calendar days. City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/2812010 Page SP-13 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL. PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 26. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: F STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS, FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Transportation and Public Works, 1000 Throckmorton Street, 2nd Floor, _ Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call -out for the pay item by the ENGINEER. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years fro date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Transportation and Public Works Department and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the ENGINEER to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by ENGINEER by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with the latest version of the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways" city of Fort worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-14 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Transportation and Public Works acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed -sites -have - been_ determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-15 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the ENGINEER. 34. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows:. °WARNING —UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES.° (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage -type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company which will erect temporary mechanical barriers, de - energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to the power company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the power company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 35. WATER DEPARTMENT PRE -QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or. sanitary sewer facilities must be pre -qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SPA of 45 05.6 - white double sided - Special Provisions pavin"rainage (PM0_Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of -such -subcontractor -involving -transactions -to the- subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES: The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to.establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving._ It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the ENGINEER, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed, that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS: The Contractor will make every effort to protect existing trees within the parkway, with the approval of the ENGINEER, the Contractor may re -locate proposed new driveways and walks around existing trees to minimize damage to trees. 39. EARLY WARNING .SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in City of Fort Worth, Texas SpecJal Provisions For Street and Storm Dram Improvements PMO Release Date: 07/28/2010 Page SP-17 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Reiease 20100728),doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is _ received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. v 2. The Project Manager and the Directors of the Department of Transportation and Public Works and the Water Department 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 Transportation and Public Works Department's Public Information Officer. 4. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Transportation and Public Works Department will, if necessary, then forward updated notices to the interested individuals. 5. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 40. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1 through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQY, 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 r "Low Emitting", or equipment bums 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, the calendar days allowed may be adjusted. _ City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SP-18 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Relesse_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS CONSTRUCTION NOTE TO CONSULTANTS'AND CITY PM AWITEM FOWEVERY PAY,ITEM OWTHE -PROPOSAL) SHALL`BE-'INCLUDED `1N THt$ -SEPTION UNLESS-TNE-DESCRIPTION MATERIALS. CONSTRUCTION METHODS, MEASUREMENT. AND PAYMENT SECTIONS IN THE BLUE BOOK ARE ALL APPLICABLE AND NOTHING NEEDS TO BE CHANGED BY THESE SPECIAL", PROVISIONS. DO NOT INCLUDE `'PAY ITEM SECTIONSFOR ITEMS THAT ARE' NOT'IN PROPOSAL. 41. PAY ITEM - PAVEMENT - UNCLASSIFIED STREET EXCAVATION - REMOVE (BID- 00472): See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this item. Removal of existing concrete pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the ENGINEER. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42. PAY ITEM - PAVEMENT - NON GREEN CEMENT - INSTALL (11" ) (BID-00429): (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement," shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Concrete pavement acceptance shall be as set forth in "Concrete Pavement Acceptance" within these Special Provisions. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the ENGINEER. Screeds will not be allowed except if approved by the ENGINEER. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-19 of 45 05.6 - white double sided - Speolal Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 43. PAY ITEM - CURB - 7 INCH - INSTALL (BID-00843): The Contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 44. PAY ITEM - RETAINING WALL -INSTALL (BID-00411): This item will consist of placing retaining walls in locations and at heights determined by the ENGINEER in the field. All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows: - Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall with Sidewalk" where applicable. All existing brick and/or stone retaining walls not significantly impacted by proposed grade changes will be protected. Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 45. PAY ITEM - CURB - CURB & GUTTER AS DIRECTED BY INSPECTOR - REPLACE (BID-00844): This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the ENGINEER in the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed. Quantities for this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for "CURB - CURB & GUTTER AS DIRECTED BY INSPECTOR - REPLACE" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 46. PAY ITEM - PAVEMENT - TRANSITION - MIN 6 INCH HMAC - INSTALL (BID-00471): This item will consist of the furnishing and placing an HMAC surface in transition areas where indicated on the plans, as specified in these specifications and at other locations as may be directed by the ENGINEER. This item shall be governed by all applicable provisions of Standard Specifications Item 312. The price bid per ton "PAVEMENT - TRANSITION - MIN 6 INCH HMAC - INSTALL" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 47. PAY ITEM - PIPE - 6 INCH SUBDRAIN W/ GRAVEL AND FILTER FABRIC - INSTALL (BID-00924): No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the ENGINEER. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-20 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 48. PAY ITEM - TRENCH SAFETY SYSTEM > 5 FOOT DEPTH - INSTALL (BID-00372): Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection ----system-.-- The Contractor shall -bear the sole responsibility -for the --adequacy -of the trench safety system and providing "a safe place to work" for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum goveming requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total compensation for furnishing design, materials, tools, labor, equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe. 49. PAY ITEMS - SUBGRADE - 8 INCH LIME STABILIZED - INSTALL (BID-00486) and SUBGRADE - LIME FOR STABILIZATION - INSTALL (BID-00496): See Standard Specifications Item No. 210, "Lime Treatment (Material Manipulation)" and Specification Item No. 212, "Hydrated Lime and Lime Slurry" for specifications goveming the items. Quantities for these pay item are approximate and are given only to establish a unit price for the work. The price bid per square yard for "SUBGRADE - 8 INCH LIME STABILIZED - INSTALL" as shown in the Proposal will be full payment for all labor, equipment, tools and incidentals necessary to complete the work. The price bid per ton for "SUBGRADE - LIME FOR STABILIZATION - INSTALL" as shown in the Proposal will be full payment for materials necessary to. complete the work. 50. PAY ITEM - PAVEMENT - 6 INCH HMAC - INSTALL (BID-00451): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3" deep Type "D" course placed in one lift. All provisions of Standard Specification No. 312.7 'Construction Tolerance' shall apply except as modified herein: 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot -mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the ENGINEER. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-21 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than Y2 of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot -mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. _ 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre -Construction Conference. This design shall not be more than two (2) years old. Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density testing. For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory, through the inspector, at least 24 hours in advance of the asphalt - placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type "B" and for Type "D" asphalt will be 91 % of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B" and "D" asphalt. Densities on type "B" must be done before Type "D" asphalt is applied. Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphalt is applied. Upon completion of the application of Type "D" asphalt additional cores must be taken to determine the applied thickness. 51. PAY ITEMS - WALK 4 FT- INSTALL (BID-00530). CURB & GUTTER - INSTALL (BID- 00423). WALK - ADA WHEELCHAIR RAMP INSTALL (BID-01227). AND DRIVEWAY 6 Inch- INSTALL (BID-00404) -- Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwalks, wheelchair ramps and driveways as shown in the plans. This provision governs the sequence of work City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07l2812010 Page SP-22 of 45 05.8 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS related to concrete flatwork and shall be considered a supplement to the specifications governing each specific item. The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and Marking Division, TPW. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed, which includes backfilling and finished grading. The price bid per square foot for "WALK 4 FT - INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item. The price bid per linear foot for "CURB & GUTTER - INSTALL " as shown in the Proposal will be full payment for materials necessary to complete the work for that item. The price bid each ton for "WALK - ADA WHEELCHAIR RAMP .INSTALL " as shown in the Proposal will be full payment for materials necessary to complete the work for that item. The type of ramp shall be per plan and shall be called out in the Proposal item. The price bid per square foot for "DRIVEWAY 6 Inch - INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item. 52. PAY ITEMS - WALK - REMOVE (BID-00529). CURB & GUTTER - REMOVE (BID- 00424). WALK - ADA WHEELCHAIR RAMP REMOVE (BID-00533). AND DRIVEWAY - REMOVE (BID-00402): These items include removal of existing concrete sidewalks, driveways, steps, leadwalks and/or wheelchair ramps at location shown on the plans or as designed by the ENGINEER. See Item No. 104 "Removing Old Concrete", for Specifications governing this item. 53. PAY ITEMS - WALK - STEPS - REMOVE (BID-00537) and WALK - STEPS - INSTALL (BID-00536): See Standard Specification Item No. 516, "Concrete Steps" for specifications governing this item as well as Detail SM-3. The price bid per square foot for "WALK - STEPS - REMOVE" and "WALK - STEPS INSTALL" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the removal and construction of the concrete steps. 54. PAY ITEMS -FENCE - REMOVE (BID-00127) and FENCE - INSTALL (BID-00126): This item shall include the removal and reconstruction (or installation of new)of the existing fence at the locations shown on the plans or where deemed necessary by the ENGINEER. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. Their constructed fence shall be equal in every way, or superior, to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/2812010 Page SP-23 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS fence, and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work for each. 55. PAY ITEM — CURB & GUTTER - 7 INCH W/ 18" GUTTER — INSTALL (BID-00426): All provisions of Standard Specification No. 502 `Concrete Curb and Gutter' shall apply except as modified herein: Subsidiary to the unit price bid per linear foot shall be the following: A minimum of 5" or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. If the Contractor fails to backfill either in from of the gutter or behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb and gutter shall be reduced by 25% until the backfill operation is complete. Standard Specifications Item No. 502, shall apply except as herein modified. Concrete shall have minimum compressive strength of three thousand (3,000) pounds per square inch in _ twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) gallons per sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. 56. PAY ITEMS — MAILBOX — REMOVE (BID-00408) and MAILBOX — INSTALL (BID- 00407)This item includes the removal and reconstruction of existing, mailboxes within the right of way which may be damaged or removed during construction. When possible, the Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed items. Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition'. All applicable provisions of City of Fort Worth Construction Standards shall apply. 57. PAY ITEM — FILL MATERIAL — BORROW— INSTALL (00543): The non -expansive earth fill should consist of soil materials with a liquid limit of 35 or less, a plasticity index between 8 and 20, a minimum of 35 percent passing the No. 200 sieve, a minimum of 85 percent passing the No. 4 sieve, and which are free of organics or other deleterious materials. When compacted to the recommended moisture and density, the material should have a maximum free swell value of 0.5 percent and a maximum hydraulic conductivity (permeability) of 1 E-05 cm/sec, as determined. by laboratory testing of remolded specimens of the actual materials proposed for the non -expansive earth fill. The price bid per cubic yard for "FILL MATERIAL — BORROW— INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-24 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 58. PAY ITEM - PAVEMENT -VALLEY GUTTER ~ INSTALL (BID-00473): This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base; ' ' curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the ENGINEER and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item 314 "Concrete Pavement", 312 "Hot -Mix Asphaltic Concrete", Item No. 104, 'Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non -reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. 59. PAY ITEM - UNCLASSIFIED TRENCH EXCAVATION AND BACKFILL - INSTALL (BID- 00101): Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area (if any). Payment will be made for the quantity of earth excavated/backfilled from the trench in cubic yards. The placing of fill shall be subsidiary to the trench excavation/backfill price. Excess material which is obtained from excavating the trench may be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications and approval of the ENGINEER. All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptablematerial shall be, but not limited to: rocks, concrete, asphalt, debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices. 60. PAY ITEM - STORM WATER POLLUTION PREVENTION > Than 1 AC SWPPP - INSTALL (BID-00100): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an "operator" by state regulations and is required to obtain a permit. 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). City of Fork Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/2812010 Page SP-25 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS _. 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 $325 application fee (if mailed) or $225 (if e- ftled). The NOI shall be mailed to: BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) P.O. Box 13087 Austin, TX 78711-3087 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) 12100 Park 35 Circle Austin, TX 78753 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: BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) P.O. Box 13087 Austin, TX 78711-3087 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) 12100 Park 35 Circle Austin, TX 78753 A copy of the NOI and NOT shall be sent to: City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SP-26 of 45 05.5 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS City of Fort Worth Department of Environmental Management 1000 Throckmorton Street Fort Worth, TX 76102 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Transportation and Public Works. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY — DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the ENGINEER shall be prepared and implemented at least 48 hours before the commencement of construction activities. The. SWPPP shall be incorporated into in the contract documents. The Contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the ENGINEER for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The Contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the Contractor must be prepared 'and submitted by the Contractor to the ENGINEER for review and approval: A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY. - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NO[ form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the ENGINEER for approval. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date; 07/28/2010 Page SP-27 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. 61. PAY ITEM - TRAFFIC CONTROL - INSTALL (BID-00181): The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. 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 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. The lump sum pay item for traffic control shall cover design, and / or installation and maintenance of the traffic control plans. 62. PRE BID ITEM - SIGN - PROJECT DESIGNATION - INSTALL (BID-00504): The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the ENGINEER. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the ENGINEER. The height and arrangement of City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07l28 =0 Page SP-28 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the ENGINEER and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the ENGINEER. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 63. PRE BID ITEM - UTILITY ADJUSTMENT REPAIR (BID-00414): This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the ENGINEER. No payment will be made for utility adjustments except those adjustments determined necessary by the ENGINEER. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 64. PRE BID ITEM - TOP SOIL — INSTALL (BID-00147): The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on -site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. 65. PRE BID ITEM - VALVE BOX — ADJUSTMENT — SERVICES (BID-00847): Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 66. PRE BID ITEM - MANHOLE —ADJUSTMENT — SERVICES (BID-00849): - city of Fort worm, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-29 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the ENGINEER. Standard Specification Item No. 450 shall apply except as follows: Included as part of this pay item shall be the application of a cold -applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 67. PRE BID ITEM - METER BOX - ADJUSTMENT - SERVICES (BID-00848): This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes, which are within 0.1' of specked parkway grade. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 68. NON PAY ITEM - PAVEMENT - SILICONE JOINT SEALANT CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING - (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.210 "Joint Sealing" of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the ENGINEER certification by an independent testing laboratory that the silicone joint sealant meet these requirements. - 2.2 The manufacturer of the silicone joint sealant shall. have a minimum two-year demonstrated, documented successful field performance with Portland City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-30 of 45 05.5 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the ENGINEER. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 2.3 Self -Leveling Silicone Joint Sealant The joint sealant shall be Dow Coming 890-SL self -leveling silicone joint sealant as manufactured by Dow Coming Corporation, Midland, MI 48686- 0994, or an approved equal. Self -Leveling Silicone Joint Sealant Test Method Test Reauirement AS SUPPLIED Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 ***'' Skin -Over Time, minutes max. 60 Cure Time, days 14 to 21 *** Full Adhesion, days 14 to 21 ,WM. 2 ASTM D 412, Die Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @ +100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw -cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the "Construction Detail' sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail' sheet or as directed by the ENGINEER within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-31 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS width "green° saw -cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising. 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the ENGINEER prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw: The sawing equipment shall be adequate in size. and power to complete the joint sawing to the required dimensions. _ 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw -cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow -tube shall fir into the saw -cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints: The joints shall be saw -cut to the width and depth as shown on the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. - City of Fort Worth, Texas -Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/28/2010 Page SP-32 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND, STORM DRAIN IMPROVEMENTS 5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one -direction to prevent - joint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown -out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack -free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the ENGINEER the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY City of Fort Worth, Texas Special Provisions For Street and Stone Drain Improvements PMO Release Date: 0712MO10 Page SP-33 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS The Contractor shall provide the ENGINEER a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the ENGINEER a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the ENGINEER. 7. BASIS OF PAYMENT All costs associated with concrete joint sealant shall be subsidiary to the concrete item and no other compensation will be provided. 69. NON -PAY ITEM - ACCEPTANCE OF REINFORCED CONCRETE PAVEMENT: The concrete pavement acceptance policy shall be as follows: A. Penalty for Deficient Pavement Thickness. There shall be no acceptance of deficient pavement thickness other than the tolerances specified below. 1. Pavement thickness deficiency up to 0.25-inch will be considered as satisfactory and the contract unit price will be used for payment if the average thickness within the project meets or exceeds the specified designed thickness. 2. Deficiencies of greater than 0.25-inch shall be removed and replaced with pavement of plan thickness at contractor's entire expense. B. Cracked Concrete Acceptance Policy. If cracks exist in concrete pavement upon completion of the project, the Project Inspector shall make a determination as to the need for action to address the cracking as to its cause and recommended remedial work. If the recommended remedial work is routing and sealing of the cracks to protect the subgrade, the Inspector shall make the determination as to whether to rout and seal the cracks at the time of final inspection and acceptance or at any time prior to the end of the project maintenance period. The Contractor shall perform the routing and sealing work as directed by the Project Inspector, at no cost to the City, regardless of the cause of the cracking. If remedial work beyond routing and sealing is determined to be necessary, the Inspector and the Contractor will attempt to agree on the cause of the cracking. If agreement is reached that the cracking is due to deficient materials or workmanship, the Contractor shall perform the remedial work at no cost to the City. Remedial work in this case shall be limited to removing and replacing the deficient work with new material and workmanship that meets the requirements of the contract. City of Fort worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-34 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS If remedial work beyond routing and sealing is determined to be necessary, and the Inspector and the Contractor agree that the cause of the cracking is not deficient materials or workmanship, the City may request the Contractor to provide an estimate of the cost of the necessary remedial work and/or additional work to address the cause of the cracking, and the Contractor will perform that work at the agreed -upon price if the City elects to do so. If remedial work is necessary, and the Inspector and the Contractor cannot agree on the cause of the cracking, the City may hire an independent geotechnical engineer to perform testing and analysis to determine the cause of the cracking. The contractor will escrow 50% of the proposed costs of the geotechnical contract with the City. The Contractor and the City shall use the services of a geotechnical firm acceptable to both parties. If the geotechnical engineer determines that the primary cause of the cracking is the Contractor's deficient material or workmanship, the remedial work will be performed at the Contractor's entire expense and the Contractor will also reimburse the City for the balance of the cost of the geotechnical investigation over and above the amount that has previously been escrowed. Remedial work in this case shall be limited to removing and replacing the deficient work with new material and workmanship that meets the requirements of the contract. If the geotechnical engineer determines that the primary cause of the cracking is not the Contractor's deficient material or workmanship, the City will return the escrowed funds to the Contractor. The Contractor, on request, will provide the City an estimate of the costs of the necessary remedial work and/or additional work and will perform the work at the agreed -upon price as directed by the City. 70. NON -PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 71. NON -PAY ITEM - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. 72. NON -PAY ITEM - PROTECTION OF TREES. PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-35 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights -of -way and designated alleys. This permit can be obtained by calling the Forestry Office. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 73. NON -PAY ITEM - CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry -shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers' instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the ENGINEER, meeting the aforementioned specifications. The sample, upon approval of the ENGINEER, shall be the acceptable standard to be applied for all construction covered in the scope of this Non -Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. 74. NON -PAY ITEM - PROJECT CLEAN-UP: - The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the ENGINEER as the work progresses or as needed. If, in the opinion of the ENGINEER it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: _ • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off other properties. _ If the ENGINEER does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the ENGINEER. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-36 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 75. NON -PAY ITEM - PROJECT SCHEDULE: Before commencing any work under this contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera (Version 6.1 or later or approved by OWNER) — Primavera Contractor (Version 6.1 or later or approved by OWNER) — Primavera SureTrak (Version 3.x or later or approved by OWNER) — Microsoft Project (Version 2003/2007 or later or approved by OWNER) It is suggested that the CONTRACTOR employ or retain the services of a qualified Project Scheduler to develop the required schedules. A qualified Project Scheduler would have the following,minimum capabilities and experience. a. Experience preparing and maintaining detailed schedules, as well as 1 year of experience using approved scheduling software systems as defined in this specification. b. Knowledge of Critical Path Method of scheduling and the ability to analyze schedules to determine duration, resource allocation, and logic issues. C. Understanding of construction work processes to the extent that a logical critical path method schedule can be developed, maintained, and progressed that accurately represents the scope of work performed. 75.(a) BASELINE CONSTRUCTION SCHEDULE: The CONTRACTOR shall develop, submit and review the draft detailed baseline construction schedule with the OWNER to demonstrate the CONTRACTOR's understanding of the contract requirements and approach for performing the work. The CONTRACTOR will prepare the final detailed baseline construction schedule based on OWNER comments, if any. The CONTRACTOR's first (1st) payment application will only be processed after the detailed baseline construction schedule has been submitted by the CONTRACTOR and accepted by the OWNER. The following guidelines shall be adhered to in preparing the baseline construction schedule. a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements, and completion time. b. The construction progress shall be divided into activities with time durations no greater than 20 work days. Fabrication, delivery and submittal activities are exceptions to this guideline. c. Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. The critical path shall be clearly shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-37 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall be divided into general activities as indicated in the Schedule Guidance Document and each general activity shall be broken down into sub - activities in enough detail to achieve sub -activities of no greater than 20 days duration. The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein. For each general activity, the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts applicable to the project, the construction schedule . shall indicate the following: procurement, construction, pre -acceptance activities, and events in .their logical sequence for equipment and materials. Include applicable activities and milestones such as: 1. Milestone for formal Notice to Proceed 2. Milestone for Final Completion or other completion dates specified in the contract documents 3. Preparation and transmittal of submittals l 4. Submittal review periods 5. Shop fabrication and delivery 6. Erection and installation 7. Transmittal of manufacturer's operation and maintenance instructions 8. Installed equipment and material testing 9. Owner's operator instructions (if applicable) 10. Final inspection 11.Operational testing 75(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall prepare and submit monthly to the OWNER for approval the updated schedule in accordance with Section 81 and 82 and the OWNER's Schedule Guidance Document inclusive. As the Work progresses, the CONTRACTOR shall enter into the schedule and record actual progress as described in the Schedule Guidance Document. The updated schedule submittal shall also include a concise narrative report that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the OWNER should be aware of or can assist with, • Other schedule -related issues that the CONTRACTOR wishes to communicate to the OWNER. a. The CONTRACTOR's monthly progress payment applications will not be accepted and processed for payment without monthly schedule updates, submitted in the time and manner required by this specification and the Schedule Guidance Document, and which .. accurately reflects the allowable costs due under the Contract Documents and is accepted by the OWNER. City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/28/2010 Page SP-38 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release_20100728).doc . SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS b. Only one schedule update will be required per month in accordance with the Schedule Guidance Document and this specification. c. Failure to maintain the Schedule in an accepted status may result in the OWNER withholding payment to the CONTRACTOR until the schedule is accepted. 75(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: If, in the opinion of the OWNER, work accomplished falls behind that scheduled, the CONTRACTOR shall take such action as necessary to improve his progress. In addition, the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time. Failure of the CONTRACTOR to comply with these requirements shall be considered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with due diligence as will ensure completion within the time specified in the Contract. 76. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents. The requirements for each Tier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents. TIER 3 COST LOADING SPECIAL INSTRUCTIONS: 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost -loaded with the total contract dollars associated with the respective ABS elements. TIER 4 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 3 requirements, and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER's standard items) shall be loaded into the scheduling software using the "NON -LABOR" resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars. It is intended that Earned Value will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 4 requirements, and additionally the following: • Labor resources (Man -Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and without cost. 77. NON -PAY ITEM - NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw -cutting joints in concrete pavement, the Contractor shall notify residents, in City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-39 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release-20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS writing, at least 48 hours in advance of saw -cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. 78. NON -PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the Contractor shall,. on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, . City Project No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre -construction notification' flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time .for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to "all residents of the block. An electronic version of the sample flyer can be obtained from the construction office. All work involved with the pre -construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 79. NON -PAY ITEM — PRE -CONSTRUCTION NEIGHBORHOOD MEETING: After the pre -construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the ENGINEER. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre -construction conference but in no case will construction be allowed to begin until this meeting is held. 80. NON -PAY ITEM - WASHED ROCK: All washed rock used for embedment or backfili or as otherwise directed by the ENGINEER shall washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size % Retained in 0-10 1 /2" 40-75 3/80 55-90 #4 90-100 #8 95-100 City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-40 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMCL.Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M. Designation C-131. 81. NON -PAY ITEM — SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 82. NON PAY ITEM — LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before repaving commences for a particular street. The Contractor shall attempt to include the ENGINEER (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2) working days before repaving begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the repaving is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 83. NON PAY ITEM — TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. 84. NON PAY ITEM — SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under "UTILITY ADJUSTMENT" in the proposal section. No other compensation will be provided. 85. NON PAY ITEM - FEE FOR STREET USE PERMITS AND RE -INSPECTIONS: Contractor is required to secure a Street Use Permit, issued by the City of Fort Worth Transportation and Public Works Permit Center (817-392-6594) prior to any work in public right of way. Permit will not be issued without a traffic control plan sealed and signed by a registered professional engineer licensed to practice in the State of Texas. Failure to acquire the proper permit and permission may result in a fine of $500/day to the contractor performing the work. Payment by the contractor for all Street Use Permits shall be considered subsidiary to the contract cost and no additional compensation shall be made. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 0712812010 Page SP-41 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 86. NON PAY ITEM - TEMPORARY EROSION. SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the ENGINEER for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the ENGINEER and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute - netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, slope drains and other devices. All inlet protection measures shall be designed to allow for runoff to freely overflow into the inlet during a flood event. B. Further, erosion control measures placed in front of inlets, or in channels, drainageways or barrow ditches will be at the risk of the contractor. Contractor shall remain liable for any damage caused by the measures, including flooding damage which may occur due to blocked drainage. At the conclusion of any project, all channels, drainageways and barrow ditches in the work zone shall be dredged of any sediment generated by the project or deposited as a result of as a result of erosion control measures. Any such dredging must comply with all Federal, State and local regulations. C. CONSTRUCTION REQUIREMENTS: The ENGINEER has the authority to - define erodible earth and the authority to limit the surface are of erodible -earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible -earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of - temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the ENGINEER as necessary to control soil erosion. Temporary pollution - control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The ENGINEER will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such _ permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil -erosion -control measures shall be performed as directed by the ENGINEER. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/28/2010 Page SP-42 of 45 05.5 - white double sided - Special Provisions paving -drainage (PMO Release_20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the ENGINEER, mechanized equipment shall not be operated in live streams. 2. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 3. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. 4. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils,. bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. D. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil -erosion -control work and his plan to keep the area of erodible -earth material to a minimum. He shall also submit for acceptance his proposed method of soil -erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil -erosion control schedules and methods of operations have been reviewed and approved by the ENGINEER. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-43 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (To be printed on Contractor's Letterhead) Date: City No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LBUTS OF CONST.: Estimated Duration of Construction on your Street : days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392-8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/28/2010 Page SP-44 of 45 05.6 - white double sided - Special Provisions paving -drainage (PMO_Release 20100728).doc Comnliance with and Enforcement of Prevailing Wage Laws (a) Dutv to nav Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. (c) Complaints of Violations and 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 3 1 " day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. (e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pav 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) PostinLa of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Comnliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. . City of Fort Worth, Texas o Mayor and Council Communication COUNCIL ACTION: Approved on ?/812008 DATE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RATES REFERENCE NO.: **G-16190 SUBJECT: Adopt 2008 Prevailing Wage Rates for City Awarded Public -Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City -awarded public works projects. DIPSCUSSJION: Texas Government Code Chapter 2258 requires that a. public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to. execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year.The Quoin Chapter of the Associated General Contractors, in conjunction with the Association of Builders and Contractors (ABC) and the American Sub -Contractors; Association (ASA), conducts a wage rate survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from that survey. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/4ccountfCenters Submitted for City Manaaees Office bv: Fernando Costa (8476) Oriainatina Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Eric Bundy (7598) 10 HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool. Operator $10.06 Asphalt Distributor Operator $13.99 Asphalt Paving Machine Operator $12.78 Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 Bitching Plant Weigher $14.15 Broom or Sweeper Operator $ 9.88 Bulldozer Operator $13.22 Carpenter $12.80 Concrete Finisher, Paving $12.85 Concrete Finisher, Structures $13.27 (Concrete Paving Curbing Machine Operator 1 $12.00 Concrete. Paving Finishing Machine Operator $13.63 Concrete Paving Joint Sealer Operator $12.50 Concrete paving Saw Operator $13.56 Concrete Paving Spreader Operator $14.50 Concrete Rubber 1 $10.61 Crane,.Clamshell, Backhoe, Derrick, Dragline, Shovel Operator 1 $14.12 Electrician. 1 $18.12 Flagger 1 $ 8.43 ' Forin Builder/Setter, Structures 1 $11.63 Form Setter; Paving & Curb 1 $11.83 Foundation Drill Operator, Crawler Mounted 1 $13.67 Foundation Drill Operator, Truck Mounted $16.30 Front End Loader Operator $12.62 Laborer.:Conunon I $ 9.18 Laboieriutinty 1 $10.65 Mechanic 1 $16.97 Milling Machine Operator, Fine Grade $11.83 Mixer.Operatbr $11.58 Motor: Grader Operator, Fine Grade 1 $15.20 Motor. Grader Operator, Rough $14.50 Oiler .. $14.98 Painter Structures $13.17 Pavement Marking Machine Operator $10.04 Pipelayer. $11.04 Reinforcing Steel Setter, Paving $14.86 1 Reinforcing Steel Setter, Structure $16.29 Roller Operator, Pneumatic, Self -Propelled ' $11.07 Roller Operator, Steel Wheel, Flat Wheenamping I $10.92 Roller Operator, Steel Wheel, Plant Mix Pavement I $11.28 Scraper Operator ( $11.42 Servicer $ l 2.32 1 Slip Form Machine Operator $12.33 Spreader Box Operator $10.92 Tractor Operator, Crawler Type $12.60 Tractor Operator, Pneumatic 1 $12.91 Traveling Mixer Operator $12.03 Truck Driver, Lowboy -Float $14.93 Truck Driver, Single Axle, Heavy $l 1.47 Truck Driver, Single Axle, Light $10.91 Truck Driver, Tandem Axle, Semi -Trailer 1 $11.75 1 Truck Driver, Transit -Mix $12.08 1 Wagon Drill, Boring Machine, Post Hole Driller Operator $14.00 1 Welder 1 $13.57 t Work Zone Barricade Servicer 1 $10.09 ■ 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY AC Mechanic Helper $12.00 Plumber Helper $14.90 Acoustical Ceiling Mechanic $15.24 Reinforcing Steel Setter $10.00 Bricklayer/Stone Mason 519J2 Roofer $14.00 Bricklayer/Stone Mason Helper $10,10 Roofer Helper $10.00 Carpenter $16.23 Sheet Metal Worker $16.96 Carpenter Helper $11.91 Sheet Metal Worker Helper $12.31 Concrete Finisher $13.49 Sprinkler System Installer $18.00 Concrete Form Builder $13.12 Sprinkler System Installer Helper $9.00 ( Drywall Mechanic $14.62 Steel Worker Structural $17.43 Drywall Helper I $10.91 Concrete Pump $20.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Drywall Taper I $13.00 Shovel $17.76 Drywall TaperHelper $9.00 Forklift $12.63 Electrician (Journeyman) $20.20 Front End Loader $10.50 Electrician Helper I $14.43 Truck Driver $14.91 .Electronic Technician I $19.86 Welder $16.06 Electronic Technician Helper I $12.00 Welder Helper $9.75 Floor Layer (Resilient) $20.00 Floor Layer Helper $13.00 Glazier $18.00 Glazier Helper $13.00 Insulator I $14.78 Insulator Helper $11.25 Laborer Common $10X Laborer Skilled $13.18 ILather $16,10 Painter $14.83 IPainter Helper $8.00 Pipefitter I $18.85 Pipefitter Helper $12.83 IPlasterer $17.25 Plasterer Helper I $12.25 SECTION 7 — CONTRACTS, BONDS AND INSURANCE Certificate of Insurance Contractor Compliance with Workers' Compensation Law 7.1 Conflict of Interest Questionnaire 7.2 Performance Bond 7.3 Payment Bond 7.4 Maintenance Bond 7.5 City of Fort Worth Contract GM 210\4463-011Specifications%100% Specs%07.0 - SECTION 6 COVER.doc MIA i 1BTX Risk Services Safety Management • Human Resources Services • Business Insurance • Personal Insurance Employee Benefits . Surety Bonds • Wealth Management • Executive Planning ******** IMPORTANT NOTICE EFFECTIVE 01/01/2012 ******** The Texas Legislature passed and Governor Perry signed Senate Bill 425 which became effective January 1, 2012. Under the law, agents and insurers may not: • Issue a certificate that has not been filed and approved by TDI • Alter or modify a certificate form approved by TDI unless the alteration or modification is approved by TDI. • Issue a certificate that alters, amends or extends coverage or terms and conditions provided by the insurance policy referenced on the certificate. Following is an outline of the law and subsequent penalties: • This law will require certificate of insurance forms to be filed with and approved by the Texas Department of Insurance before they can be used after the effective date of the law. • In addition, the law explains current Texas Department of Insurance rules that a certificate of insurance must not obscure or misrepresent the coverage provided by the insurance policies. Definition of "Certificate" includes checklists, affirmations and electronic forms. • After January 1, a certificate holder who requires an agent or policyholder to use an unapproved form or insert inappropriate language on a certificate may be sued by the Attorney General for injunctive relief or to recover a civil penalty of up to $1,000 for each such requirement. • An insurance agency could incur significant penalties of up to $1,000 for each violation under those rules and the new law, including the revocation of the agency's insurance license, if a certificate were issued exactly as the certificate holder requested. For this reason, after 01 /01 /2012 we will issue the standard certificate of insurance form and may not be able to comply with some of the items you request. Certificate holders can mail certificate forms and special wording requests for approval to: P&C Intake Unit Texas Department of Insurance 333 Guadalupe Austin, TX 78701 commercialpc@.tdi.state.tx.us Please contact us with any questions you may have. �aS Emily Contreras Commercial Lines Manager — SA 210-697-2223 Robin Moody, CIC Commercial Lines Manager - DFW 214-646-1652 DFW Office: Las Colinas Corporate Center II, 6363 N. State Hwy 161, Suite 100, Irving TX 75038 •Toll Free: (800) 510-5120 • Fax: (214) 596-9030 On San Antonio Office: 5726 Hausman Rd., #100, San Antonio, TX 78249 -Toll Free: (800) 880-6689 • Fax: (210) 696-8414 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. Policy Number CPP2051702 Policy Expiration/Cancellation Date 01/31/2013 Named Insured MCCLENDON CONSTRUCTION COMPANY, INC. Agency Number 756324 Date 01/31/2012 Agency IBTX RISK SERVICES Policy Effective Date 01/31/2012 Account Number 20022770 Issuing Company AMERISURE MUTUAL INS GO. 1, SECTION II - WHO IS AN INSURED is amended to add as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. The written contract or written agreement must require additional Insured status for a time period during the term of this policy and be executed prior to the `bodily injury", "property damage", or "personal and advertising injury" giving rise to a claim under this policy. If, however, *your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. 2. SECTION II - WHO IS AN INSURED Is amended to add the following: if the additional insured is: a. An individual, their spouse is also an additional Insured. to. A partnership or joint venture, members, partners, and their spouses are also additional insureds. c. A limited liability company, members and managers are also additional insureds. d. An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional Insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. e. A trust, trustees are also insureds, but only with respect to their duties as trustees. 3. The insurance provided to the additional insured under this ondorsement is limited as follows: a. That person or organization Is only an additional Insured with respect to liability arising out of: T (1) Premises you own, rent, lease, or occupy; or (2) Your ongoing operations, unless the written contract or written agreement also requires completed operations coverage (or wording to the same effect), In which case the coverage provided shall extend to your completed operations for that additional Insured. Premises, as respects this provision, shall Include common or public areas about such premises if so required In the written contract or written agreement. Includes copyrighted material of hisuranc:e Services Office, Inc. CG 70 85 05 10 Page 1 of 2 Ongoing operations, as respects this provision, does not apply to 'bodily Injury" or 'property damage" occurring after: (a) All work Including materials, parts or equipment furnished In connection with such work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. b. The limits of Insurance applicable to the additional insured are the least of those specified In the written contract or written agreement or In the Declarations of this policy. The limits of Insurance applicable to the additional Insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. d. If a written contract or written agreement as outlined above requires that additional Insured status be provided by the use of CG 20 10 1185, then the terms of that endorsement, which are shown below, are Incorporated into this endorsement as respects such additional insured, to the extent that such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract or Agreement that the terms of CG 2010 1185 apply. (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown In the Schedule, but only with respect to liability arising out of nyour work" for that insured by or for you. Copyright, insurance Services Office, Inc., 1984 CG201011 85 e. The Insurance provided to the additional Insured does not apply to "bodily injury', "property damage', or "personal and advertising Injury" arising out of an architect`s, engineer's, or surveyor`s rendering of or failure to render any professional services Including but not limited to: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and (2) Supervisory, inspection, or engineering services. f. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is deleted and replaced with the following: 4. Other Insurance. Any coverage provided In this endorsement Is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract or written agreement requires that this Insurance be primary, In which case this Insurance will be primary without contribution from such other Insurance available to the additional Insured. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 0510 Page 2 of 2 Policy Number: CPP2051702 Named Insured: McClendon Construction Company, Inc. (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be —' a cause of loss under the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have Issued this policy In reliance upon your representations. We will not deny coverage under this coverage part If you unintentionally fait to disclose all hazards existing as of the Inception date of this policy. You must report to us any knowledge of an error or omission In the description of any premises or operations Intended to be Covered by the Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 17. TRANSFER OF RiGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with'the following: 8. If the Insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The Insured must do nothing after loss to Impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, If the Insured has waived rights to recover through a written contract, or If "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a Waiver, we waive any right of recovery we may have under this Coverage Form. 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS Is deleted and replaced with the following: b. 60 days before the effective date of the cancellation If we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew Is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61 st day after the data on which the notice is mailed or delivered. Earned premium for any period of.coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. c. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. 19. MOBILE EQUIPMENT REDEFINED Under SECTION V - DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 9 CG 70 63 1109 Policy Number: CPP2051702 Named Insured: McClendon Construction Company, Inc. COMMERCIAL GENERAL LIABILITY CG 02 05 0196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the Insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES WRITTEN NOTICE OF CANCELLATION AS PER CERTIFICATES ON FILE WITH THE COMPANY 2. Address: 3. Number of days advance notice: 30" (if no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsemente.) `EXCEPT IN THE EVENT OF CANCELLATION FOR THE NON-PAYMENT OF PREMIUM FOR WHICH 10 DAYS NOTICE SHALL BE GIVEN. CC 02 05 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 0 Policy Number: CA2051701 Named Insured: McClendon Construction Company, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the PndnrsPmpnt_ The premium for this endorsement is $ 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, A.I. Who Is An Insured is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents" or'loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "insured" under any other policy or, would be an "insured" but for its termination or the exhausting of its limit of insurance. e. ""employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; ur (2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household. f. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is .issued prior to the "bodily Injury" or "Property damage"; (2) To any person or organization included as an insured by an endorsement or in the Declarations: or (3) To arty fessnr nf."autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and (c) The lease had not expired. Includes copyrighted material of Insurance Services Office, inc., with its permission. Copyright Insurance Services Office, Inc., 2005 CA 71 18 OS 08 Page 1 of 6 Policy Number: CA2051701 Named Insured: McClendon Construction Company, Inc. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. Thin pmvisinn rinPc not aptly to "hodily injury" or "property damage" for which an 'insured" Is also an Insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of Insurance, unless such policy was written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under Section 11- LIABILITY COVERAGE, A,2,a. Supplementary Payments, paragraphs (2) and 14) are deleted and replaced or. follows: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION 11- LIABILITY COVERAGE, B. EXCLUSIONS, paragraph S. Fellow Employee is deleted and replaced by the following: "toddy Injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However. this exclusion does not'apply to your "employees" that are officers or managers if the "bodily injury' results from the use of a covered "auto" you own. hire or borrow. Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the followinq is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name, for the purpose of doing vour work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown In the Declarations, Item Three. Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION IiI -PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss Of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by. (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto": (2) Specified Causes of Loss, only If the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto": or (3) Collision, only If the Declarations irulic ate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $2,000. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2005 Page 2 of 6 CA 71 18 05 08 Policy Number: CA2051701 Named Insured: McClendon Construction Company, Inc. (1) Wear and tear, freezing, mechanical or electrical breakdown. However. this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 8. GLASS REPAIR— WAIVER OF DEDUCTIBLE Section III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE — WAIVER OF DEDUCTIBLE Under Section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When thpre is a loss to your cnversd "auto" insured for Collisinn roverage, no dP.ductihle will ably if the Into was caused by a collision with another "auto" insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "accident', claim. "suit' or "loss". Knowledge of an "accident", claim, "suit" or "loss" by your "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you area limited liability company) has knowledge of the "accident", claim, "suit" or "loss". Notice should include: (1) How, when and where the "accident' or "loss" occurred; (2) The "insured's" name and address: and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us if any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident' or "loss" to impair them. However, if the "insured" has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver. we waive any right of recovery, we may have under this Coverage Form. 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fall to disclose all hazards existing as of the Inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after Its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2005 Page 4 of 6 CA 71 10 05 08 POLICY NUMBER: CA2 0 517 01 COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- ried by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. -- Endorsement Effective: 01 / 31 / 2 012 Counters* ed By: Named insured:; McClendon Construction Company, Inc. (Aul ed Ptcor sontative) SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization ANY PERSON OR ORGANIZATION WITH ;,IHOM THE NAIMFD INSURED HAS ENTERED INTO A WHITTE14 CONTRACT REQUIRII S 'rIRITTEN NOTICE OF CANCELLATTON PER CL•'RTIF'ICATrS ON PILE WITH Address COMPANY. EXCEPT 10 DAYS NOTICE SHALL BE GIVEN FOR NON-PAYMENT If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 0 150 Properties, Inc., 2003 Page 1 of 1 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1-00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown In Item 3.A, of the Information Page. We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium The premium charge for this endorsement shall be 0.020 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium This endorsement changes the policy to which it is attached and Is effective on the date issued unless otherwise stated. (The Information below Is required only whan'thls endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 01/31/12 Policy No. WC2051704 Endorsement No. Insured McClendon Construction Company, Inc. Premium $ Insurance Company Amerisure Mutual Insurance Countersigned by WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Itom 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 *EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM FOR WHICH 10 DAYS SHALL BE GIVEN. 2. Notice will be mailed to: ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES WRITTEN NOTICE OF CANCELLATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below, is required only When this endorsement is issued' subsequent 'to preparation of the policy) Endorsement Effective 01/31/12 Policy No. WC2051704 Endorsement No. Insured McClendon Construction Company, Inc. Premium $ Insurance Company Amerisure Mutual Insurance Countersigned by WC 42 OB 01 Hot da s6(Ed. 7-84) Reorer 4-4a0 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 Project No. CONTRACTOR �F.'... ..IC ..... By:.. Name: DAN McCLENTI N, PRESTENT Title: Date: /2 r) /l STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Day, CC1eln r, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of hO('IeMnh_i^A►-c- for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this ay of _A,�.(_, 20 12 JULM NELEMS Nota Public in an r the State of MY COMMISSION EXPIRES Texas AprM 25, 2015 Rev 4-15-10 006113-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond No. TxC 100011 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, McClendon Construction Comnaay. Inc, known as "Principal" herein and 9 Merchants Bonding Company , a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, One Million Four 13 Hundred Twentv Eight Thousand Seven Hundred Sixtv Nine Dollars and 70/100 14 (S1.428.769.70), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the day of , 20^, which Contract is hereby referred to and Ad,; 1)12 19 made a part hereof for all purposes as if Ifully set forth herein, to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as 22 2008 CIP Contract RAY WHITE ROAD CONSTRUCTION, City Proiect No. 01294 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the day of 6 , 20 7 8 9 10 11 12 13 AT S(: 14 1s 16 ( ' cip ) Secretary 17 18 19 20 21 22 WitneW as to Wincipal 23 24 25 26 27 28 29 30 31 32 33 7 34 35 36i/�rl� ' Q 37 Witness as to Surety 38 39 40 PRINCIPAL: Mccl on Construction Company_ BY: IJA Signature DAN McCLENDD"I, MES'DENT Name and Title Address: PO Box 999 Burleson, TX 76097 SURETY: 1 Merchants Bonding Company , B/. Slgnature Michael D. Hendrickson, Att-orney-in-Fact Name and Title Address: 2100 Fleur Drive Des Moines, IA 50321 Telephone Number: (515 ) 2 4 3 - 8171 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 0061 14 - 1 PAYMEW BOND Page l of 2 1 SECTION 00 6114 Bond No. TXC 100011 2 PAYMENT BOND — 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, McClendon Construction Comnanv Inc, known as "Principal" herein, and 9 Merchants Bonding Company I a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal sum of One Million Four Hundred Twenty Eight Thousand Seven Hundred Sixty Nine 14 Dollars and 70/100 ($1.428.769.70), lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 day of a 9 pj�a , 20 which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated 8S 2008 CIP Contract RAY WHITE ROAD CONSTRUCTION, City Project No. 01294 -M 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that 24 if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 0061 14-2 PAYMENTBOND Page 2 or 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of 3 !jAR !P� " .20 .S. 4 ATTEST: A hA--- (P in pa) Secretary 1 Witness to PWficipal PRINCIPAL: McCleUnstruction Company, Inc. BY: S gnature -- i—� BAN McCLEE130111, PRESIDENT Name and Title Address: Po Box 999 Burleson, TX 76097 SURETY: i Merchants Bonding Company AiiEST: By. / an ignature Michael D. Hendrickson, PittoZney-in:Fact '{Surety) �ecretar� / Jennifer J. Clark Name and Title V Address: 2100 Fleur Drive Des Moines, IA 50321 Witness as to Surety Telephone Number: (515) 24 3 - 8171 -• 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 006119-1 MAKMNANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND Bond No. TXC 100011 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we McClendon Construction COMDanv Inc, known as `Principal" herein and 9 Merchants Bonding Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Tetras, known as "City" herein, in the sum of One Million 13 Four Hundred Twenty Eight Thousand Seven Hundred Sixty Nine Dollars and 70/100 14 (S1.428.769.70), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for payment of which sum well and truly be made unto the City and its successors, we 16 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded � "'� R 1 7 ' "? , 20 , which Contract is hereby 20 the day of ''- `�' y 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 24 the "Work") as provided for in said contract and designated as 25 2008 CIP Contract RAY WHITE ROAD CONSTRUCTION, City Project No. 01294 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefore at any time within the Maintenance 34 Period. 35 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 006119-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. Revised July 1, 2011 0061 I9.3 MAINTENANCE BOND Page 3 or3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of '' 3 ? :i„ 2, 7 111 12 , 20 4 5 6 7 8 9 10 11 A ST: ( A, 12 13 14 (ri pal) Wcr&ary 15 16 17 l8 19 20 Wltnes as to Aiaipal 21 22 23 24 25 26 27 28 29 ATTEST: 3 31 32 (Sur ere ry i(ekifer Clark 33 / 34 35 es to Surety 36 PRINCIPAL: McClen cn CPnstruction Company, Inc. BY: y � �ff_� W'Signature DAN McCLENDON, PRESIDENT Name and Title Address: Po Box 999 Burleson, TX 76097 SURETY: Merchants Bonding)tompany Signature Michael D. Hendrickson, Attorney -in -Fact Name and Title Address: 2100 Fleur Drive Des Moines, IA 50321 Telephone Number: (515) 2 4 3 - 8171 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 Revised July 1, 2011 MERCHANTS BONDING COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1/09) MERCHANTS ' N AT I N S BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. TXC 100011 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint — Bryan K. Moore, Pat J. Moore, Gary Wayne Wheatley, Joseph Hal Clayburne, Michael D. Hendrickson, Richard A. Deal, Betty J. Reeh, Jennifer J. Clark of San Antonio and State of Texas their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Nations Bonding •— Company on August 27, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of November 2011 . ,.0ND/....... 0•'RPUgq n : Z:•Z �:0: ••�' 2003 b - .•'e% STATE OF IOWA COUNTY OF POLK ss. 0. 4O?ORP09' '°q •. 'a 1933 c'3: • y • ;. 51% MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By /-f-"7 7.7� President On this 1st day of November , 2011 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY: and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARILYN BOYD Commission Number 10012 My Commission Expires November 4, 2013 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day Of. CO . O O OORPt7g4.0.: �'�G O�4P099!0gyc: 'Z:� `O- 0.0; �►"' _0_ t^; .G�szs•c/ l�iPrr!/7�. .01.2003 a ; y' 1933 C • Secretary • Y: •,mod -a v6. ;�Q. NBC 0103 (9/11) N it )``.•' �•.'�W ' \1�% be .r f w r It w 00 52 43 - 1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 AGREEMENT THIS AGREEMENT, is made by and between 4 The City of Forth Worth. a home rule municival corporation in the State of Texas, acting by and 5 through its City Manager, hereinafter called City. and McClendon Construction Companv. Inc. a 6 limited DartnershiD (legal description, e.g. corporation, LP, LLC), authorized to do business in 7 Texas, acting by and through its duly authorized representative, hereinafter called Contractor. 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 2008 CIP Contract RAY WHITE ROAD CONSTRUCTION 17 City Pro iect No. 01294 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 210 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof , Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Four Hundred Twenty Dollars ($420.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. AW ... 00 52 43 - 2 Agreement Page 2 of 5 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of One Million Four Hundred Twentv-Eight Thousand 39 Seven Hundred Sixtv-Nine and 70/100........................................................... Dollars 40 ($1.428.769.70) 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Exhibits to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents 52 b. Current Prevailing Wage Rate Table 53 c. Insurance Accord Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MWBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications as included in the Project Manual. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 Article 6. INDEMNIFICATION 00 52 43 - 3 Agreement Page 3 of 5 74 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 75 expense, the city, its officers, servants and employees, from and against any and all 76 claims arising out of, or alleged to arise out of, the work and services to be performed 77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 78 under this contract. This indemnification provision is specifically intended to operate 79 and be effective even if it is alleged or proven that all or some of the damages being 80 sought were caused. in whole or in part, by anv act, omission or negligence of the citv. 81 This indemnity provision is intended to include, without limitation, indemnity for 82 costs, expenses and legal fees incurred by the city in defending against such claims and 83 causes of actions. 84 •�+� 85 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 86 the city, its officers, servants and employees, from and against any and all loss, damage 87 or destruction of property of the city, arising out of, or alleged to arise out of, the work .,, 88 and services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnification 90 provision is specifically intended to operate and be effective even if it is alleged or 91 proven that all or some of the damages being sought were caused, in whole or in part, 92 by anv act, omission or negligence of the citv. 93 94 Article 7. MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 97 have the meanings indicated in the General Conditions. 98 7.2 Assignment of Contract. 99 This Agreement, including all of the Contract Documents may not be assigned by the 100 Contractor without the advanced express written consent of the City. 101 7.3 Successors and Assigns. 102 City and Contractor each binds itself, its partners, successors, assigns and legal 103 representatives to the other party hereto, in respect to all covenants, agreements and ' 104 obligations contained in the Contract Documents. 105 7.4 Severability. 106 Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon CITY and 109 CONTRACTOR. 110 7.5 Governing Law and Venue. III This Agreement, including all of the Contract Documents is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113 Northern District of Texas, Fort Worth Division. 00 52 43 - 4 Agreement Page 4 of 5 114 7.6 Other Provisions. 115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 116 classified, promulgated and set out by the City, a copy of which is attached hereto and 117 made a part hereof the same as if it were copied verbatim herein. 118 7.7 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 SIGNATURE PAGE TO FOLLOW 40 qM idw w 123 124 125 126 127 128 i am M M" 129 130 131 132 133 134 135 136 137 138 139 140 141 005243-5 Agreement Page 5 of 5 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least one counterpart each has been delivered to City and Contractor. This Agreement will be effective on &AR 2 7 , 20 (which is the Effective Date of the Agreement). Contractor: M'CLE"" CONS% CO.11M. City of Fort Worth_ By Fernando Costa By: J Assistant Citv Manaizer (Signature) M&C DAN McCLENDON, PRESIOUT Date . Z (Printed Name) Title: Attest: N Address: PO Box 999 Ci City/State/Zip: Burleson. TX 76097 (Seal) &s. rm and Legality: Assistant City Attorney APPR RECOMMENDED: 1.i Douglas ersie DIRECTOR, RANSPORATIO ND PUBLIC WORKS DEPARTME 1000 Throckmorton St. Fort Worth, Texas 76102 SECTION 8 - APPENDICIES G:\1210\4463-01\Specifications\100°% Specs\08.0 - SECTION 8 COVER.doc SECTION 8.1 — EASEMENTS and RIGHT OF WAY TAKES G:\1210\4463-01\Specifications\100% Specs\08.1 - SECTION 8.1 Easements COVER.doc EXHIBIT 'A' Real Property Description of a Parcel of Land out of the Remainder of a 91.281 Acre Tract of Land situated in the Eli W. Shriver Survey, A-1455 Being a parcel of land out of the remainder of a 91.281 acre tract of land situated in the Eli W. Shriver Survey, Abstract Number 1455, and as conveyed to Lazy F Inc. by deed recorded in Volume 14118, Page 297, Deed Records, Tarrant County, Texas and being more particularly described as follows: Beginning at a 5/8" iron rod with a yellow cap stamped `Landes' found in the West line of the Ray White Road right-of-way (a variable width public right-of-way) for the Southeast corner of said remainder tract and the Northeast comer of a 2.24 acre tract of land situated in said Shriver Survey as conveyed to Andalusia Properties, Inc. by deed recorded in Instrument Number D210011099, said Deed Records; Thence: with the South line of said remainder tract and the North line of said 2.24 acre tract, South 89 degrees, 49 minutes, 02 seconds West, 51.24 feet to a 5/8" iron rod with a yellow cap stamped `A.N.A.' set (all of the following iron rods set being so capped and stamped) at the beginning of a curve to the left having a radius of 614.00 feet; Thence: with said curve to the left, through a central angle of 04 degrees, 11 minutes, 21 seconds, an arc distance of 44.89 feet (the long chord of which bears North 06 degrees, 14 minutes, 21 seconds West, a chord distance of 44.88 feet) to a 5/8" iron rod set at the beginning of a curve to the left having a radius of 586.00 feet; Thence: with said curve to the left, through a central angle of 7 degrees, 50 minutes, 45 seconds, an arc distance of 80.24 feet (the long chord of which bears North 03 degrees, 23 minutes, 54 seconds East, a chord distance of 80.18 feet) to a 5/8" iron rod set; Thence: North 03 degrees, 31 minutes, 28 seconds West, 408.88 feet to a 5/8" iron rod set in the North line of said remainder tract for the Southeast corner of Lot 1, Block 8, Park Vista Addition, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 12058, Plat Records, Tarrant County, Texas, and the Southwest corner of a right-of-way dedication per said plat, said iron also being in a curve to the right having a radius of 100.00 feet; Thence: with the North line of said remainder tract and the South line of said right-of-way dedication and with said curve to the right, through a central angle of 09 degrees, 10 minutes, 44 seconds, an arc distance of 16.02 feet (the long chord of which bears North 84 degrees, 57 minutes, 37 seconds East, a chord distance of 16.00 feet) to a 5/8" iron rod set; CITY OF FORT WORTH / RAY WHITE ROAD / PARCEL 1 / PAGE 1 OF 2 Thence: continuing with the North line of said remainder tract and the South line of said right-of-way dedication, North 89 degrees, 32 minutes, 39 seconds East, 25.37 feet to an `X' cut in concrete; Thence: departing the North line of said remainder tract and the South line of said right-of-way dedication, South 00 degrees, 25 minutes, 55 seconds East, 534.98 feet to the place of beginning and containing 22,365 square feet of land, more or less. Note: Surveyed on the ground July 2010 Note: Bearings are relative to True North obtained from Global Positioning Satellite System (GPS) observations, North American Datum, 1983 (NAD'83), Texas State Plane Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.1.9(9), this `report" consists of the Real Property Description included herein and a Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed." ,.S h� STf�f;J�':9 ........o.................... r s.Y.EVIN WE DEL ..Y:N...55pn ..v... �q%'°;£s s ;00 10 SUG �E S evin Wendell, R.P.L.S. #5500 September 30. 20 10 ` Date CITY OF FORT WORTH / RAY WHITE ROAD / PARCEL 1 / PAGE 2 OF 2 LOT 1, BLOCK 8 PARK VISTA ADDITION CAB. A, SLIDE 12058 P.R., T.C., TX CD3 L0 / 'X' CUT Scaler V = 100' u ea au wu /REMAINDER OF A 91,281 ACRE TRACT rvni 0 = 4'11'21' R = 614,00' A = 44,89' rL = 44.88' ra = N 6'14'21' W CV02 A = 7.50'45' R = 586.00' A = 80,24' Ct = B0,18' CD = N 3.23'54' E CV03 A = 9.10'44' R = 100.00 A = 16,02' Ct = 16.00' ra = N 84.57'37' E 4 ••�F" TN �Q••�G S T ER f••.;' ............................. _ S.KEVIN WENDELL ..Y...................... %.. �5500 P C•'••.0 o �.• Q- 9�0 SUR4 PARCEL 1 22,365 SOFT +/- 8501 RAY WHITE RD APPARENT OWNERi LAZY F INC, VOL. 14118, PG. 297 D,R,, T.C., TX 22,365 SOFT +/— itpv dOP VP 1A16 tiZS' cat ea• �p0`' S.�evin Wen el .P.L.S. #5500 Septetrber 30. 2010 DATE qW DRAWN BY: S. Kevin Wendell DATE: JUNE 29. 2010 1• OWG. NO.: Parcel 1 _ coweuLT AWYML-L-Y— PROD. NO.: 090390 , w� Ai-T A ��MA 2 5280 ALTA LOMA DR. O , APPARENT OWNER) 00 CITY OF FORT WORTH THE VINYARDS AT HERITAGE CAB, A, SLIDE 6725 P.R., T.C., TX, LO 2 I N 89'32'39' E I A 3%' EXHIBIT 'B' MAP OF SURVEY SHOWING A PARCEL OF LAND OUT OF THE REMAINDER OF A 91,281 ACRE TRACT LAND SITLIATft IN THE ELI W HRI ER SURVEY, ABS CT 1455 5/8' IRF ,.YELLOW CAP 'LANDES' Denotes a 5/0' IRS w/yellow cap slapped 'ANA'. Note: Surveyed on the ground May 2010. Not:: Bearings ore relative to True North obotolned from Global Positioning Safe[ Iite System (OPS) Observations. North American Datum. 1983 (NA0 831. yexos North Central Zone. Note: in accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices. 663.19(9). this 'report' consists of the Map of Survey included herein and a Real Property DescriptIan. attached herewith. Notes In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practicesd, 663.19(7). 'The cited Instruments are not necessarily the current owners of the subject property, but ore the documents contoinging the descriptions of the boundaries as surveyed. A.N.A. CONSULTANTS, L.L.C. Corporate Office: Dallas Office: SHT. NO. 1331 Airport Freeway, Suite 410 3004 Fairmont Street 1 OF 1 Euless, Texas 76040 Dallas, Texas 75201 Office: 817) 335-9900 Office: 214 631-3500 Fax: (817)335-9955 Fax: �214)631-3527 EXIMIT 'B' Real Property Description of a 25-Foot Drainage Easement out of a 27.311 Acre Tract of Land being a portion of the remainder of a 91.281 Acre Tract of Land situated in the Eli W. Shriver Survey, A-1455 Being a parcel of land out of a 27.311 acre tract of land, being a portion of the remainder of a 91.281 acre tract of land, situated in the Eli W. Shriver Survey, Abstract Number 1455, as conveyed to Lazy F, Inc. by deed recorded in Volume 14118, Page 297, Deed Records, Tarrant County Texas and being more particularly described as follows: Commencing at a 5/8" iron rod with a yellow cap stamped `A.N.A.' found in the North line of said 27.311 acre tract for the East most Southeast corner of Lot 1, Block 8, Park Vista Addition, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 12056, Plat Records, Tarrant County, Texas, the Southwest corner of a 6,823 square foot tract of land dedicated for the Ray White Road right-of- way by said plat and the Northwest corner of a 22,365 square foot parcel of land out of said 27.311 acre tract of land for a proposed Ray White Road right-of-way dedication; Thence: with the West line of said proposed right-of-way dedication, South 00 degrees, 31 minutes, 28 seconds East, 136.74 feet to the Point of Beginning; Thence: continuing with the West line of said proposed right-of-way dedication, South 00 degrees, 31 minutes, 28 seconds East, 200.24 feet to the Southeast corner of herein described parcel from which a 5/8" iron rod with a yellow cap stamped `A.N.A.' found in the West line of said proposed right-of-way dedication bears South 00 degrees, 31 minutes, 28 seconds East, 71.90 feet; Thence: departing the West line of said proposed right-of-way dedication, West, 25.00 feet; Thence: North 00 degrees, 31 minutes, 28 seconds West, 200.01 feet; Thence: North 89 degrees, 28 minutes, 32 seconds East, 25.00 feet to the place of beginning and containing 5,003 square feet of land, more or less. CITY OF FORT WORTH / RAY WHITE ROAD / PARCEL DE1 / PAGE 2 OF 3 Note: Surveyed on the ground July 2010 Note: Bearings are relative to True North obtained from Global Positioning Satellite System (GPS) observations, North American Datum, 1983 (NAD'83), Texas State Plane Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, - 663.19(9), this `Yeport" consists of the Real Property Description included herein and a Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed." d ............... .............. EDWARD K. KHALIL �� •SUR��O� Edward K. Khalil, R.P.L.S. 45951 9 3a-/o Date CITY OF FORT WORTH / RAY WHITE ROAD / PARCEL DE / PAGE 3 OF 3 -n NEW Notes Surveyed a1 the around June 2010. O More: Beortnps are relative to Trw North obotothed from Olabol M. 11 Onlnnqq Satellite System SOPS) Observations- North American _ Datum. 1983 INAO '831. Texas North Central Zone. Natal In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices. 663.1212). this 'report' 1 2 consists of the Mop of Survey Included herein and o Real Property Description. attached herewith. Note) In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures od Procticssd. 663.1917). 'The Cited Instruments are not necessarily the current owners of the subject property. but ore the documents contoinging the descriptions of the P.O.C. boundaries as surveyed.' S/8' IRF LOT 1, BLOCK 8 CO ,jF..�P•G PARK VISTA ADDITION N CAB. A, SLIDE 12056 "' 1& a P.R., T.C., TX N 25.00' P.0 -B. 5280 ALTA LOMA DR. N89028'32'EAPPARENT OWNER: w CITY OF FORT WORTH I i9I�. N THE VINYARDS AT HERITAG, 1 " = 100' m Z o CAB. A, SLIDE 6725 1 N 0 a 06 P.R., T.C., TX. .. N U Q 25'DRAINAGE EASEMENT: w a 3 5.003 SO FTCL +/- - N•: N 3 � o � N 27.311 AC. TRACT m o >- A PORTION OF THE z ' REMAINDER OF A 91.281 0 ACRE TRACT a ELI W. SHRIVER SURVEY 25.00� m � ABSTRACT 1455 WEST . Ir N a Vol:14118. P9.297 In a a o D.R. T.C.T. m r9 APPARENT OWNER: LAZY F INC. 5/8" IRF to 600 W. PARK ROW DR. ARLINGTON TX 76010 to to N - N I OF P..• 5 T f R�•, . Q• .. ,°.:... EXHIBIT A EDWARD K. KHAL �SHOWING A 25 FOOT ,p 5951 DRAINAGE EASEMENT 9NO �SUR .Or to , A SITUATED IN ELI W. SHRIVER SURVEY DRAINAGE EASEMENT DE-1 ABSTRACT NO. 1455 8501 RAY WHITE RD FORT WORTH,TARRANT COUNTY, TEXAS FORT WORTH, TEXAS DRAWNL,II 6Y: EK .__. L_., . ,. _ _ I., ., .® ,, I_.I. ... AI N.A. CONSULTANTS, L.L.C. DATE: 09/23/10A�k Euless, T% CoAaate Orfice t331 eparl Freewo� PAGE 1 OGN. NO.: 090390DE1.DGN coMCULTANTe,LA_a. Suite 4176040 OF 3 APPROVED BY: EK Office (817) 335-9900 For. (817) 335-9955 I .10NMDE1.dgn 2010.09.2911:04 hAnMiL 1 `A' Real Property Description of a Parcel of Land out of the Remainder of a 91.281 Acre Tract of Land situated in the Eli W. Shriver Survey, A-1455 Being a parcel of land out of the remainder of a 91.281 acre tract of land situated in the Eli W. Shriver Survey, Abstract Number 1455, and as conveyed to Lazy F Inc. by deed recorded in Volume 14118, Page 297, Deed Records, Tarrant County, Texas and being more particularly described as follows: Beginning at an `X' cut in concrete set in the South line of the Shiver Road right-of-way (a 60-foot public right-of-way) and the West line of the Ray White Road right-of-way (a variable width public right-of-way) for the Northeast corner of said remainder tract; Thence: with the East line of said remainder tract and the West line of said Ray White Road right-of-way, South 00 degrees, 28 minutes, 29 Seconds East, 399.60 feet to a 5/8" iron rod with a yellow cap stamped `A.N.A.' (all of the following iron rods set being so capped and stamped) set for the Southeast corner of said remainder tract and the Northeast comer of a right-of-way dedication per plat of Goddard School Addition, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 1302, Plat Records, Tarrant County, Texas; Thence: with the South line of said remainder tract and the North line of said right-of-way dedication, South 89 degrees, 31 minutes, 31 seconds West, 42.47 feet to a 5/8" iron rod set; Thence: departing the South line of said remainder tract and the North line of said right-of-way dedication, North 00 degrees, 31 minutes, 28 seconds West, 399.81 feet to a 5/8" iron rod set in the North line of said remainder tract and the South line of said Shiver Road right-of-way; Thence: with the North line of said remainder tract and the South line of said Shiver Road right-of-way, North 89 degrees, 48 minutes, 43 seconds East, 42.82 feet to the place of beginning and containing 17,045 square feet of land, more or less. CITY OF FORT WORTH / RAY WHITE ROAD / PARCEL 2 / PAGE 1 OF 2 Note: Surveyed on the ground July 2010 Note: Bearings are relative to True North obtained from Global Positioning Satellite System (GPS) observations, North American Datum, 1983 (NAD'83), Texas State Plane Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(9), this "report" consists of the Real Property Description included herein and a Map of Survey attached herewith. - Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed." _ , S.KEVINWENDELL• ..% .......................... I 5500 \oFSUF+c nor jKevin �WendellPLPJLS.500 September 30. 2010 Date CITY OF FORT WORTH / RAY WHITE ROAD / PARCEL 2 / PAGE 2 OF 2 Scale) 1' = 100' u d, 5u WIIIiw EXHIBIT 'B' MAP OF SURVEY SHOWING A PARCEL OF LAND OUT OF THE REMAINDER OF A 91,281 ACRE TRACT OF LAND SITUATED IN THE ELI W SHRIVER SURVEY, ckju 99 448g ABSTRACT 1455 N 42.82'43' E I .o.a, •X' CUT � y REMAINDER OF A 91.281 ACRE TRACT • , . ELI W. SHRIVER SURVEY �. ABSTRACT 1455 PARCEL 2 ' LA 17,045 SOFT +/— , 8501 RAY WHITE RD , .N N m . , o` . m o+ w 1 APPARENT BWNERi :'i ....:U m LAZY F INC. -• CU Z y CU VOL. 14118, PG. 297 : , L. •, } D.R„ T.C.. TX (S.' Uj ........ln, VIN WENDELL .5500.P:•S U R`l� 2-1 17,045 SQFT +/— • • { CU LS89.31'31'W pp 42.47' Po��o2 S CU S 0,IPVRD. �UC R M1: 21 --0 10" P E CAB RirQG., G A b (U QQ S0 Denotes o 5/8' IRS w/yellow cap stanped 'ANA'. ��•Q `Ga Note: Surveyed on the ground June 2010. Note: Bearings are relative to True North obotained from Global Q PoeltfonInrqg Satellite System (oPS) observatIam. North Amer Ican Q Datum. 1963 INAD 83), Texas North Central Zane. S.AevIn Wendell, R.P.L.S. #5500 September 30, 2010 DATE DRAWN BY: S. Kevin Wendell DATE: June 28, 2010 DWG. NO.: Parcel 2 PROD. NO.: 090390 1 - A 44K COHaLti7ArfTd. LLG' Note: 1r apoordmt* wl#h the Texas Board of Professional Land Surveying 6eneFyl euleu of ProNeWao and Practices. 663.19(9). this report' corisl at, qt the Irop of SI„rvsy Included herein and a Real Property 4eRor(ptldn. attach d herswl•h. Nate: In apcofdofl6N wlih the Texas i1card a4 SUM Iurvesyinv General kilao of Promduroe and Pripet rossd; fib1-13:7I. 'ine allfv lrbiriPli�lta ore r.a+ nucuecrr ly ii* cwyonr owners of the suGl atr propwAy. hur are the doa�rrta =wdl%ing the descriptions vl the Ocandarlel ore ftrrsYed- A.N.A. CONSULTANTS, L.L.C. Corporate Office: DallasOffce: SHT. NO. 1331 Airport Freeway, Suite 410 30D4 Fairmont Street 1 OF 1 Euless, Texas 76040 Dallas, Texas 75201 Office: 81 335-9900 Office: (214 631-3500 Fax: �817� 335-9955 Fax: (214) 631-3527 M L� Scale) V = 100' U V 11. uu REMAINDER —OF A 91.281 ACE TRACT EXHIBIT 'B' MAP OF SURVEY SHOWING A PARCEL OF LAND OUT OF THE REMAINDER OF A 91.281 ACE TRACT VATE D SITN THE ELI WR SURVEY, gg 448gAB1455 N 42.82'43' E I -\ .( r-P.U.B. X' CUT i ti ELI W, RI ER SURVEYS ABSTRAC 55 PARCEL 2 .IAj < 17,045 SQFT +/- , a a 8501 RAY WHITE RD a : N o' • . OD m W APPARENT OWNERi o °i...Q M _ LAZY F INC, :. 3 ru z ru VOL. 14118, PG. 297 a D.R., T,C., TX ��.�0 F., TO �P'�G l 5 T f Re 0 9 ......................... S.KEVIN WENDELL ..Y:-a 5500.P:;.. �q�O°.FE S s v ��0� SUR evin Wendell, R.P.L.S. #5500 Septegbpr 30. 2010 DiiTE DRAWN BY: S. Kevin Wendell DATE: June 28. 2010 DWG. NO.: Parcel 2 PROJ. NO.: 0010390 F ERtiERI Z 17,045 SQFT +/— O•� J, t1J i� L S 89'31'31' W 42.47' oG�-�0��Z O C� �� ` Qom- Svc+ Denotes a 5/0' IRS a/yellow cap stamped 'AsW. 4" P, G,n �v0 �• �' Note: Surveyed on the ground June 2010. {j Note: Bearings are relative to True North obotained from Global Positioning Satellite System (CPS) Observations, North Amor loan Q Datum, 1983 (NAD 83), Texas North Control Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.1919). this 'report' con fats of the Map of Survey Included herein and a Real Property Ossoriptlon, attached herewith. Note: In acoordancs with the Texas Board of Professional Land Surveying General Rules of Procedures and Procticeed. 663.19(7). 'The cited instruments are not necessarily the current owners of the subject property. but are the documents containging the descriptions of the boundorie6 as surveyed-' A.N.A. CONSULTANTS, L.L.C. Corporate Office: Dallas Office: SHT. NO. 1331 Airport Freeway, Suite 410 3004 Fairmont Strect 1 OF 1 Euless, Taxers 76040 Dallas, Texas 75201 Office: 81 335-9900 Office: 214 631-3500 Fax: (8177) 335-9955 Fax: �214 631-3527 Le SHIVER RD, (60' PUBLIC Ray.) rU Q v rU Real Property Description of a Variable Width Drainage Easement out of a 3.723 Acre Tract of Land being a portion of the remainder of a 91.281 Acre Tract of Land situated in the Eli W. Shriver Survey, A-1455 Being a parcel of land out of a 3.723 acre tract of land, being a portion of the remainder of a 91.7.81 acre tract of land, situated in the Eli W. Shriver, Abstract Number 1455 as conveyed to Lazy F, Inc. by deed recorded in Volume 14118, Page 297, Deed Records, Tarrant County, Texas and being more particularly described as follows: Beginning at a 518 inch iron rod with a yellow cap stamped `A.N.A.' found in the South line of the Shiver Road right -of --way (a 60-foot public right-of-way) and the North line of said 3.723 acre tract, for the Northwest corner of a 17,045 square foot parcel of land out of said 3.723 acre tract for a proposed Ray White Road right-of-way dedication; Thence with the west line of said proposed right-of-way dedication, South 00 degrees, 31 minutes, 28 seconds East, 38.93 feet; Thence departing the west line of said proposed right-of-way dedication, North 89 degrees, 35 minutes, 48 seconds West, 36.47 feet; Thence North 44 degrees, 44 minutes, 06 seconds West, 27.25 feet; Thence North 00 degrees, 16 minutes, 56 seconds East, 19.14 feet to the North line of said 3.723 acre tract and the South line of said Shiver Road right-of-way; Thence with the North line of said 3.723 acre tract and the South line of said Shiver Road right-of-way, North 89 degrees, 48 minutes, 43 seconds East, 55.20 feet to the place of beginning and containing 1,958 square feet of land, more or less. CITY OF FORT WORTH / RAY WHITE ROAD / PARCEL DE2 / PAGE 2 OF 3 Note: Surveyed on the ground July 2010 Note: Bearings are relative to True North obtained from Global Positioning Satellite System (GPS) observations, North American Datum, 1983 (NAD'83), Texas State Plane Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, - 663.19(9), this "report" consists of the Real Property Description included herein and a Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed:' ..i........ ...•. '*p....0••. EDWARD K. KML a 5951 �: P• Edward K. Khalil, R.P.L.S. #5951 /v-/7_/1 Date CITY OF FORT WORTH / RAY WHITE ROAD / PARCEL DE2 / PAGE 3 OF 3 ! Noter Surveyed an the ground July 2010. O Motet Bearings ore relative t0 True North ebotolned from B10b.1 `v Posltiontnnpp So"I181+e 5yyatom LOPS) Observations: North 4merleon �� 4Rt� Datum. 1983 (MAD '831. Texoa NorM Central zone. i Note: InGeneral Rumeotthroo Survey ILexas �ieluaed herein 6of 63.19 o Real this 'repot to General Ruiea of Procedures ono Proellau. 663.1919). rota 'report"con Iota of r �I rty Description. attachedfherawlth. r Notes In accordance with the Texas Board of Professional Land Survey)no General Rules of Procedures and Procticead. 663.1917). "The cited Instruments are not neceaaartly the current owners of +he subject oro W ty. butut �veyhedooeu ants eantoinatng the deaeriptiau of the 100' 1 p 2 3 - i SHIVER RD. Wr PUBLIC RAW.) 55.20' P.O.B. 38.93, N89'48'43'E 5i8.1RF S00'31'28°E 19.14' Jxr f N00'16'56'E .. = � 2 3 VARIABLE WIDTH u 1 DRAINAGE EASEMEN 27'25' o 1,958 SO FT +�- N44.44'06'W o 36.47'_ 3.723 AC TRACT N89.35'48'W A PORTION OF THE i REMAINDER OF A 91.281 w A 21 S ACRE TRACT o 0 5. ELI W. SHRIVER SURVEY ABSTRACT 1455 �. N VcI44118, Pg.297 =6 P� p PSPG b o DP-Tr-T.3 , P APPARENT OWNERS�--- LAZY F INC. m a� 600 W. PARK ROW DR. Z 22 ARLINGTON TX 76010 23 4a�y 1/2. 1RIRF 24 `ZO61 Ov�o2 c'/° V P� QqL. ..> . EXHIBIT A EDWARD K. KHALIL SHOWING A VARIABLE WIDTH .;Po 5951 :•l . DRAINAGE EASEMENT q�o,fs�s„�,�o SITUATED IN ELI W. SHRIVER SURVEY SURD ABSTRACT NO. 1455 FORT WORTH,TARRANT COUNTY, TEXAS DRAWN BY: EK - - ® A.N.A. CONSULTANTS, LL.C. J DATE: 09/05/11 Coporote Office AK1331 Airport Freeway, DON. N0.: 090390DE2A. DGN ; , . a Suite 410 ^_ Euless. TX 76040 APPROVED BY. EK 010ce: (817) 335-9900 Fox: (817) 335-9955 DRAINAGE EASEMENT OE-2 RAY WHITE RO FORT WORTH, TEXAS PAGE 1 OF 3 I M39DDE2A.dgn 10117120112:34:29 PM SECTION 8.2 — Wetlands Determination (To be supplied upon completion.) G:\1210\4463-01\SpecificaCions\100% Specs\08.2 - SECTION 8 Permits.doc SECTION 8.3 —REPORTS APPENDICIES 8.3.1 Geotechnical Report G:\1210\4463-01\Specifications\100% Specs\08.3 - SECTION 8 Reports - NOTE - DOUBLE SIDE THE GEOTECH REPORT.doc September 28, 2010 Mr. Bryan E. Sherrieb, P.E. Dannenbaum 6421 Camp Bowie Blvd, Suite 400 Fort Worth, Texas 76116 Re: Geotechnical Investigation Pavement Reconstruction' Collector Street — Shiver Road Fort Worth; Texas Project No. E10-0903 Dear Mr. Sherrieb: 4N MAs-TEK Engineering & Associates, Inc. Direct: 817.570.1313 Office: 817.763.8883 Fax: 817.377,2956 e-mail: Brvan.Sherrieb0dannenbaum.com Please find enclosed our report summarizing the results of the geotechnical investigation performed at the above referenced project. We trust the recommendations derived from this investigation will provide you. with the information necessary to complete your proposed project successfully. For your future construction materials testing and related quality. control requirements, it is recommended that the work be performed by Mas-Tek Engineering & Associates, Inc. in order to maintain continuity of inspection and testing services for the project under the direction of the geotechnical project engineer. We thank you for the opportunity to provide you with our professional services. If we can be of further assistance, please do not hesitate to contact us. Sincerely, MAS-TEK ENGINEERING & ASSOCIATES Michael D. Roland, P.E. Project Engineer I VAS-TEK ENGINEERING & ASSOCIATES TExAs REGISTERED EMNEERINGl FIRM F-1418 Mark J. Farrow, P.E. .V' 4.. ...MARK,ds........e..., ... '* �F 1A' $ 4vo "a.n.... .a Geotechnicall ConsAriais Testing 5132 Sharp Street Dallas, Texas 75247 972 709-7384 TABLE OF CONTENTS PAVEMENT RECONSTRUCTION COLLECTOR STREET — SHIVER ROAD FORT WORTH, TEXAS PAGE 1.0 INTRODUCTION.......................................................................................................2 1.1 PROJECT DESCRIPTION........................................................................................2 1.2 PURPOSE AND SCOPE ...................................... .,...:...................... .............. 2 2.0 FIELD INVESTIGATION.....................................................................:...:.:....:::..........2 3.0 LABORATORY TESTING: .............. ................................... ..::..:....... ........... ......... :..;:..3 4.0 SITE AND SUBSURFACE CONDITIONS ................................................... :............... 3 �I 4.1 GENERAL SITE CONDITIONS......................................................................3 4.2 SUBSURFACE CONDITIONS .................. :.......:.:.......... ::.:......:...... ................ 4 4.3 4.4 EXISTING FILL SOIL ............................ .................. :..:........... :..........:............. SITE GEOLOGY........................ou....uwuu............o.aiY...........:....................4 4 4.5 GROUNDWATER CONDITIONS ............................................ ......... 4 4.6 ................... SOIL MOVEMENTS........................................................................................5 5.0 ANALYSIS AND RECOMMENDATIONS...................................................................5 5.1 PAVEMENT RECOMMENDATIONS .................................... ..:...........::..............5 5.2 . EXISTING FILL SOILS ........................................ .............................6 .... ......... 3 SUBGRADE PREPARATION.:....................t................................. i...... .::.........6 5.4 .... ......... .... ..... ........... ................ LIME STABILIZATION ............ ............ ...`... ........ .:. ... ..' * .7 5.5 DESIGN AND CONSTRUCTION REQUIREMENTS..................:::..................8 5.6 PAVEMENT SECTION RECOMMENDATIONS............::................................8 5.6.1 COLLECTOR ROAD (OLD SHIVER.ROAD).....................................9 5.6.2 DESIGN REQUIREMENTS..............................................................10 5.7 ` PAVEMENT CONSIDERATIONS ' 5.8 '• SITE GRADING AND DRAINAGE ..;::...:.12 ..................................................... 5.9 FIELD SUPERVISION AND DENSITY TESTiNG.:..::.:....::.:::::.............:......12 6.0 EXISTING TREES ALONG CURB LINES...............................................................13 7.0 LIMITATIONS....:.:.:...::.................:..............................::.......................................:..:14 ILLUSTRATIONS FIGURES PLAN OF BORINGS LOGS OF BORINGS ...............!. 2 th ru 5 LEGEND - KEY TO LOG TERMS $ SYMBOLS SWELL SUMMgtY.'... __ ....,.:..:n,..:..... _�.a:.;.s, ..:.,,......-,,.. 7. SOLUBLE SULFATES TEST RESULTS--- �---�. =8 LIME SERIES RESULT) 9 E10-0903 PAGE 1 PAVEMENT RECONSTRUCTION COLLECTOR STREET — SHIVER ROAD FORT WORTH, TEXAS 1.0 INTRODUCTION 1.1 PROJECT DESCRIPTION New Pavement construction is to occur along a 1450 foot length of Shiver Road in Fort Worth, Texas (west of Meridian Lane). It is understood that the two lane existing concrete roadway will remain and that two additional lanes will be constructed to achieve a 4-lane un- divided roadway. The new pavement sections will be doweled into the existing pavement. It is understood that excavation depths of less than 12 inches are required for the new roadway. Pavement design was performed per the current Fort Worth Pavement Design Standards Manual with the exception that only typical testing needed for pavement design was performed as detailed below. Proctor compaction, UU Triaxial test and CBR tests were not performed. CBR correlations were base on soil strength, swell. and Index properties. 1.2 PURPOSE AND SCOPE The purposes of this geotechnical investigation were to: 1) explore the subsurface conditions at the site, 2) provide boring logs that present subsurface conditions encountered including water level observations and laboratory test results, 3) provide thickness measurements of the existing pavements at the core locations, and 4) provide subgrade and pavement recommendations for roadway reconstruction. This investigation was performed in accordance with our Proposal No. P10-0813E dated August 31, 2010. 2.0 FIELD INVESTIGATION The field investigation consisted of drilling four (4) test borings for the new road (131. thru 134). The borings were drilled at locations shown on Figure 1. The test borings were advanced to depths of 10 feet. I MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 2 A truck -mounted drilling rig was used to advance the borings and to obtain samples for laboratory evaluation. The boring location's were located at the approximate locations shown on the Boring location plan (Figure 1). Undisturbed samples of cohesive soils were obtained at intermittent intervals with standard, thin -walled, seamless tube samplers. These samples were extruded in the field, logged, sealed, and packaged to protect them from disturbance and maintain their in -situ moisture - content during transportation to our laboratory. A split -spoon sampler was used to obtain samples of granular soils in accordance with the Standard Penetration Test. Rock hardness was evaluated by cone penetration tests. The test borings were backfilled and plugged with concrete upon completion. The results of the boring program are presented on the Logs of Borings, Figures 2 through 5. A key to the descriptive terms and symbols used on the logs is presented on Figure 6. - 3.0 LABORATORY TESTING Laboratory tests were performed on representative samples of the soil to aid in classification of the soil materials. These tests included Atterberg limits tests and moisture content tests. Hand penetrometer tests were performed on the clay soil samples to provide indications. of the swell potential and the foundation bearing properties of the subsurface strata. The results of these tests are presented on the Logs of Borings (Figures 2 through 5). The results of swell tests performed on representative samples of the clay soils at this site are shown on Figure 7. Lime Series and Soluble Sulfate tests were also performed on selected samples (see Figures 8 and 9). 4.0 SITE AND SUBSURFACE CONDITIONS 4.1 GENERAL SITE CONDITIONS New Pavement construction is to occur along a 1450 foot length of Shiver Road in Fort Worth, Texas (west of Meridian Lane). It is understood that the two lane existing concrete roadway will remain and that two additional lanes will be constructed to achieve a 4-lane un- divided roadway. The new pavement sections will be doweled Into the existing pavement. It R Is understood that excavation depths of less than 12 inches are required for the new roadway. MAS-TEK (ENGINEERING & ASSOCIATES E10-0903 PAGE 3 Pavement design was performed per the current Fort Worth Pavement Design Standards Manual with the exception that only typical testing needed for pavement design was performed as detailed below. Proctor compaction, UU Triaxial test and CBR tests were not performed. CBR correlations were base on soil strength, swell and index properties. 4.2 SUBSURFACE CONDITIONS Subsurface conditions encountered in the borings, including descriptions of the various strata and their depths and thickness, are presented on the Logs of Borings. Note that depth on all borings refers to the depth from the existing grade or ground surface present at the time of the investigation. Boundaries between the various soil types are approximate. 4.3 EXISTING FILL SOIL Existing fill soils were generally encountered to depths of 2' to 3' at the boring locations. The fill consists of high plasticity clay soils containing varying amounts of broken limestone (including limestone cobble). 4.4 SITE GEOLOGY As shown on the Tarrant County sheet of the Geoloaic Atlas of Texas, the site is located in areas underlain by the undivided Fort Worth Limestone and Duck Creek Formation. The Formations typically consist of interbedded layers of limestone, clay and marl. Soils derived from the formations are typically highly plastic clays exhibiting a high shrink/swell potential with variations in moisture content. 4.5 GROUNDWATER CONDITIONS The borings were advanced using continuous flight auger methods. Advancement of the borings using these methods allows observation of the initial zones of seepage. Groundwater was not encountered during drilling and the borings were dry at completion. The borings were backfilled and plugged with concrete immediately upon completion of the borings each day; therefore, long term water level readings could not be obtained. It is not possible to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term observations. The subsurface water conditions are subject to change with variations in climatic conditions and are functions of subsurface soil conditions, rainfall and water levels within nearby creeks. MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 4 4.6 SOIL MOVEMENTS Our scope of work did not include PVR studies or recommendations to reduce soil swell PVR. However, the subsurface exploration revealed clay soils having a moderate to high shrink/swell potential depending upon the moisture condition. See Figure 7. Also, as mentioned above, soils derived from the geologic formations are typically highly plastic clays exhibiting a high shrink/swell potential with variations in moisture content. Therefore, differential soil swell movements should be anticipated along the roadways and at locations where new pavement sections will be scabbed onto the existing pavement at turn lanes and at intersections. Ponding conditions near the reconstructed pavements must be avoided. See Section 6.0 regarding settlement considerations related to existing trees along the curb lines. Note: Two lanes of new pavement will be doweled into the existing pavement. Due to the presence of dry highly expansive subgrade soils, large differential pavement, movements due to soil swelling are anticipated. This would result in excess differential pavement deflection and excessive cracking. A median between the eastbound and westbound lanes would be preferred. If this is not possible, excavation and moisture conditioning should be considered to reduce differential pavement movements between the new lanes and the. old lanes. If if is desired to reduce differential pavement movements, shallow borings should be drilled just prior to construction to determine excavation depths required to reduce soil swell movements based on the actual soil moisture condition and swell potential at the time of construction. 5.0 ANALYSIS AND RECOMMENDATIONS 5.1 PAVEMENT RECOMMENDATIONS We understand that Shiver Road is classified as Residential Collector with the City of Fort Worth. The following traffic data was obtained from Table 4.1 of the City of Fort Worth's 2005 Pavement Design Standards Manual and was used in developing the pavement section recommendations. Arterial Annual ESALS 100,000 % Growth 1.5% Design Life 25 years MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 5 5.2 EXISTING FILL SOILS Existing fill was encountered along the alignment to depths of 2' to 3'. See Section 4.3. In order to provide adequate pavement support, we recommend that all fill soil including any existing trench backfill be tested for compaction. All non -compact backfiil (having a compaction level below 95% ASTM D 698) should be removed and replaced in 8 inch compacted lifts. We recommend that the base of cut be compacted prior to fill placement. We recommend that a Mas-Tek Engineer or his representative observe the base of cut and compaction operations. The contract documents should specified that the contractor is responslble to protect all existing underground utilities from damage during excavation and compaction operations. After excavation to the required subgrade elevation, the entire subgrade should be proofrolled.. Proofrolling can generally be accomplished using a heavy (25 ton or greater total weight) pneumatic tired roller making several passes over the areas. Where soft, loose or compressible zones are encountered, these areas should be removed to a firm subgrade. Wet or very moist surficial materials may need to be undercut and either dried or replaced with proper compaction or replaced with a material which can be properly compacted. Any resulting void areas should be backfilled to finished subgrade in 8 inch compacted lifts compacted to 95 percent of maximum dry density as determined by ASTM D 698. Clay soils having a PI over 25 should be compacted at optimum to +3% above optimum. Sandy soils having a PI less than 25 should be compacted at -2 to +2 percentage points of its optimum moisture content. After proofrolling is performed and any soft, loose or compressible zones are removed and replaced, compact upper 8 inches of subgrade to 95% ASTM D698 as specified above. Then fill to pavement subgrade using on -site clay soils. Compact the fill in 8 inch compacted lifts compacted to 95 percent of maximum dry density as determined by ASTM D 698 as specified above. Since lime -stabilization is to be performed, the upper 8 inches of the pavement subgrade should consist of clay and sandy clay soils that are relatively free of large rock. Sand should not be used as fill in the upper 8 inches of the pavement subgrade since lime stabilization is to be performed. &3 SUBGRADE PREPARATION It Is recommended that provisions be made in the contract documents to provide for proofroiling in areas where the subgrade will support new pavements. it is also MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 6 recommended that an item be included for removal and replacement of soft materials which are identified by this procedure. See Section 5.7. Surficial clays are present at these sites that are subject to losses in shear strength with increases in moisture content beneath the paving. They typically react with hydrated lime which serves to improve their support value at higher moisture levels and provides a firm, uniform subgrade beneath the paving. 5.4 LIME STABILIZATION Based upon the results of Atterberg limits testing, 9 percent hydrated lime by dry weight (54 pounds per square yard per 8-inch depth) should be anticipated to stabilize the existing clay subgrade: Based on sulfates tests performed on subgrade soils at random boring locations, sulfates levels are below 1000 ppm. Therefore, conventional lime stabilization procedures may be used per TxDOT Item 260. It should be determined after final grading that sulfates levels are below 2000 ppm. The actual lime requirement will depend upon the actual subgrade soils exposed at final grade. We recommend that lime / Atterberg limits tests and sulfate tests be performed once final pavement subgrade has been achieved in order to determine the optimum amount of hydrated lime required to stabilize the subgrade and to verify that sulfates levels are below 2000 ppm. The lime should be thoroughly mixed..and blended with the highly active subgrade soil (TxDOT.ltem 260) and the mixture compacted to a minimum of 98 percent of maximum dry density as determined in accordance with ASTM D698, within 2 percentage points of the soil's optimum moisture content. We recommend :that this lime stabilization extend 1 to 2 feet beyond pavement edges, if possible, in order to reduce the effects of shrinkage during extended dry periods. After blue top stakes are set in preparation for grading the lime stabilized subgrade, depth checks should be performed to verify that the specified depth of stabilization is present after final grading of the stabilized subgrade. Sand should be specifically prohibited beneath pavement areas during final grading (after stabilization), since these more porous soils can allow water inflow, resulting in heave and strength loss of subgrade soils. It should be specified that o.MY lime -stabilized soil (or MAS-TEK ENGINEERING & ASSOCIATES E'10-003 PAGE 7 compacted rock fines where limestone is present at final pavement subgrade) will be allowed for fine grading. After fine grading each area in preparation forpaving, the subgrade surface should be lightly moistened, as needed, and recompacted to obtain a tight non - yielding subgrade. Project specifications should allow a curing period between initial and final mixing of the lime/soil mixture. After initial mixing, the lime treated subgrade should be lightly rolled and maintained at or within 5 percentage points above the soil's optimum moisture content until final mixing and compaction. We recommend a 2 to 3 day curing period for these soils. The following gradation requirements are recommended for the stabilized materials prior to final compaction; Minimum Passing 1 3/4' Sieve Minimum Passing 3/4' Minimum Passing No. 4 Sieve Percent 100 85 60 All non -slaking aggregates retained on the No. 4 sieve should be removed prior to testing. 5.5 DESIGN AND CONSTRUCTION REQUIREMENTS The stabilized subgrade should be protected and moist cured or sealed with a bituminous material for a minimum of 7 days or until the pavement materials are placed. Pavement areas should be graded at all times to prevent ponding and infiltration of excessive moisture on or adjacent to the pavement areas. Due to the presence of expansive clay soils, differential pavement movements should be anticipated. Inspection during construction is particularly important to insure proper construction procedures are followed. All joints must be effectively sealed. Ponding conditions should not be allowed in any area. Where asphaltic concrete pavement is used, a geotextile separator should be placed on the lime -stabilized subgrade at the contact between the flex base and the lime -stabilized subgrade. -The geotextile shall be as specified in the "Special Technical Specifications" in Appendix C of the City of Fort Worth's 2005 Pavement Design Standards Manual. 5.6 PAVEMENT SECTION RECOMMENDATIONS The pavement section recommendations provided below were designed based upon AASHTO Guide for Design of Pavement Structures using DARWin 3.1 computer program. A MAS-TEK ENGINEERING & ASSOCIATES EIO.0903 PAGE 8 summary of the inputs are provided below: 5.6.1 COLLECTOR ROAD (SHIVER ROAD) Concrete Pavement Design E 18's: 3,006,300 (100,000 ESALs / year for 25 years with 1.5% growth rate) Initial Serviceability. 4.5 Terminal Serviceability: 2.5 Modulus of Rupture: 600 psi (4,000 psi Concrete) Elasticity Modulus: 4,000,000 psi Effective k-value: 200 psUin - for 8 inches of lime -stabilized subgrade Reliability Level: 85% Standard Deviation: 0.39 Load Transfer J: 3.2 Drainage Coefficient: 1.0 Asphalt Pavement Design E 18's: 3,006,200 (100,000 ESALs / year for 25 years with 1.5% growth rate) Initial Serviceability: 4.2 Terminal Serviceability. 2.5 Soil Resilient Modulus: 4,118 (untreated subgrade — CBR of 3) Reliability Level: 85% Overall Deviation: 0.45 - 4 MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 9 The following Table presents the recommended pavement section for Shiver Road. RECOMMENDED PAVEMENT SECTIONS ��ifl�c`o'oR�"ro�a`r cou. ��C,T� ROAt'{sn��er.tzoaa�: PCC SECTION 9 inch Portland Cement Concrete (4,000 psi Concrete)" 8 inch Lime Stabilized Subgrade HMAC SECTION 4 inch Type C Surface Course (2 lifts) 4 inch Type B Binder Course (2 lifts) 12 inch Crushed Stone Flex Base or Crushed Concrete Base (2 to 3 lifts) 8 inch Lime Stabilized Subgrade -The recommended pavement sections above include a small construction tolerance. 5.6.2 DESIGN REQUIREMENTS The concrete having a minimum 28 day compressive strength of 4,000 psi. Concrete quality will be Important in order to produce the desired flexural strength and long term durability. Assuming a nominal maximum aggregate size of 1 inch to 1 3/8 inches, we recommend that the concrete have entrained air of 5 percent (f 1%) with a maximum water cement ratio of 0.40. Proper joint placement and design is critical to pavement performance. Load transfer at all joints and maintenance of watertight joints should be provided. Control joints should be sawed as soon as possible after placing concrete and before shrinkage cracks occur. All joints including sawed joints should be property cleaned and sealed as soon as possible to avoid infiltration of water. The joint construction and spacing and reinforcing should be in accordance with the City of Fort Worth's 2005 Pavement Design Standards Manual based on the actual concrete thickness used for each road. As a minimum, the reinforcement should consist of No. 4 bars on 24 inch centers in each direction. We recommend that the perimeter of the pavements have a stiffening curb section to prevent possible distress due to heavy wheel loads near the edge of the pavements and to provide channelized drainage. MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 10 i All asphaltic concrete construction should comply with requirements of TxDOT, Item 340 (1993 Edition). The flex base should meet requirements of TxDOT Item 247, Type A, Grade 1, compacted in 4 to 6 inch lifts at or above optimum moisture content to a minimum of 95% Modified Proctor density (ASTM D1567). 5.7 PAVEMENT CONSIDERATIONS It is recommended that provisions be made in the contract to provide for proofrolling in areas where the subgrade will support new pavements. It is also recommended that an item be Included for removal and replacement of soft materials, which are identified by this procedure. Proofrolling can generally be accomplished using a heavy (25 ton or greater total weight) pneumatic tired roller making several passes over the areas. Where soft or compressible zones are encountered, these areas should be removed to a firm subgrade. Wet or very moist surficial materials may need to be undercut and either dried or replaced with proper compaction or replaced with a material which can be properly compacted. Any resulting void areas should be backfilled to finished subgrade in 6 inch compacted lifts compacted to 95 percent of maximum dry density as determined by ASTM D698. Clay soils having a PI over 25 should be compacted at optimum to +3% above optimum. Sandy soils having a PI less than 25 should be compacted at -2 to +2 percentage points of its optimum moisture content. Achieving the required field density is dependent upon the adequate pulverization of the clay fill materials, the magnitude of compaction energy and the maintenance of field moisture — near optimum. All joints and pavements should be inspected at regular intervals to ensure proper performance and to prevent crack propagation. The soils at the site are active and differential heave within the paving areas will occur. In some areas, relatively deep expansive clay soils are present. Large upward pavement movements due to soil swelling are anticipated in these areas. Large differential upward pavement movement could also occur in any areas where the pavement is widened. If it is desired to reduce differential upward soils swell movements, excavation and moisture conditioning in lifts would be required. The extent of excavation would depend upon the desired tolerance for movement. The service life of paving may be reduced due to water infiltration into subgrade soils through heave induced cracks in the paving section. This will result in softening and loss of MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 11 W W ri strength of the subgrade soils. A regular maintenance program to seal paving cracks will help prolong the service life of the paving. The life of the pavement can be increased with proper drainage. Areas should be graded to prevent ponding adjacent to curbs or pavement edges. Backfill materials, which could hold water behind the curb, should not be permitted. Flat pavement grades should be. avoided. Due to the presence of deep utility backfill in some areas and highly expansive clay in other areas, the use of reinforced concrete pavement would be preferred to accommodate differential pavement movements. 5.8 SITE GRADING AND DRAINAGE All grading should' provide positive drainage away from the proposed pavements and should prevent water from collecting or discharging near the pavements. Water must not be permitted to pond adjacent to the runway pavements during or after construction. Otherwise, soil swell movements could exceed the estimates contained in this report. The pavements will be subject to some post construction movement. Joints in the pavements should be sealed to prevent the infiltration of water. Since some post construction movement of pavement may occur, joints should be periodically inspected and resealed where necessary. 5.9 FIELD SUPERVISION AND DENSITY TESTING Field density and moisture content determinations should be made on each lift of fill with a minimum of 1 test per 150 I.f. of pavement and/or utility backfill. Supervision by the field technician and the project engineer is required. Some adjustments in the test frequencies may be required based upon the general fill types and soil conditions at the time of fill placement. Many problems can be avoided or solved in the field if proper inspecfion and testing services are provided. It is recommended that all site and subgrade preparation and pavement placement be monitored by a qualified engineering technician. Density tests should be performed to verify compaction and moisture content of any earthwork. Inspection should be performed prior to and during concrete and asphalt placement operations. Mas- Tek Engineering & Associates, Inc. employs a group of experienced, well -trained I MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 12 technicians for inspection and construction materials testing who would be pleased to assist you on this project. 6.0 EXISTING TREES ALONG CURB LINES The roots of mature trees absorb large amounts of moisture from the supporting soils to depths of over 15 feet. The lateral limits of tree root influence extend at least 5' beyond the R unpruned drip line (and to greater distances when the ground beneath the drip lines is paved). Tree root systems often cause soil shrinkage and localized pavement settlement. To reduce future settlement after reconstruction, root barriers could be considered in the area of any mature tree. An arborist should be contacted regarding the required depth of the root barrier and whether or not this is a viable solution. Root barriers along both curb lines would require large roots to be severed. This might kill the trees. If this occurred, large pavement heave would then occur as described above (same as removing trees). If the barriers are effective in reducing soil suction from the root systems, large differential heave would still occur as the soils regain lost moisture causing differential heave .due to soil swelling. Root barriers may be an effective alternative if they are installed when the trees are originally planted (or prior to existing trees reaching mature heights). In our opinion, the most practical solution is to reconstruct the roadways with reinforced concrete. If desired, additional concrete thickness (over the required design thickness) could be used to provide additional rigidity to the pavement to assist in accommodating differential deflections caused by post construction shrink/swell movements. Additional steel reinforcement could also be used to further stiffen the pavement. Either larger bars on a closer spacing, or two mats of steel could be used. A structural engineer could be consulted regarding the most cost effective reinforcement design for roadways bordered with mature trees. If differential settlements due to ground shrinkage caused by the trees become objectionable, these areas could be mudjacked in the future as needed to level the pavement. MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 13 7.0 LIMITATIONS The professional services, which have been performed, the findings obtained, and the recommendations prepared were accomplished in accordance with currently accepted geotechnical engineering principles and practices. The possibility always exists that the subsurface conditions at the site may vary somewhat from those encountered in the test borings. The number and spacing of test borings were chosen in such a manner as to decrease the possibility of undiscovered abnormalities, while considering the nature of loading, size, and cost of the project. If there are any unusual conditions differing significantly from those described herein, Mas-Tek Engineering & Associates, Inc. should be notified to review the effects on the performance of the recommended foundation system. The recommendations given in this report were prepared exclusively for the use of the client, and their consultants. The information supplied herein is applicable only for the design of the previously described development to be constructed at locations indicated at this site and should not be used for any other structures, locations, or for any other purpose. We will retain the samples acquired for this project for a period of 30 days subsequent to the submittal date printed on the report. After this period, the samples will be discarded unless otherwise notified by the owner in writing. MAS-TEK ENGINEERING & ASSOCIATES El0.0903 PAGE 14 IR 11tzr � �rr•l�`_ ��M1 3 4:�r.y Y, r1 nr,T." :r r.' m r•, wi 4 � j,. r3'�7` • .ch, ij` i _'t�z �'4ri. ,%�'I� �t��.C��.t ,i.•, r:i� .��. ��3y±��,f� b p ' s �r1lnstoln �ti§ r vs� •Stts�� #, I�i � .:�., fit• 7Yr t} tis� � � x �:�� a t� - - f t t -�iw �. t:; 'f`!•' T (: < > r, t� ♦t -r �i.. k i' ;� letiat 3 t.! -t�l ti �i« �. o ( -i w - _t ?'=•z ..a"J ' x'.: A!'�`.`-,vli. s.f ; ;, t..ii�?;�_i J?1 ..�_,.. yl;si '.ici9r ,;::ri�' �' ` ' `a' a. iti.` Y , t,. r.1 _f � ^r :': 6 Isar n C� �kf-,ia 'al "'r cc r: ^-�_.�h^.f/�" L� � �t 1� rp � F�•n'7 t 7i c �. i �'1 �Y'7 .ram �� . ,� } •. _ 1 ""� I !� 1 t •h. i� i ' {.. },crr t S•t ... � �t lii+• xa:. elf_ �•r itt� C "u1 t !tfl� A� +ti a I: a ' ,�, t..y. r•, 73{� t, r r. 1..M{� A t _ -'�. �1 ._•3 iT 'i ua� - i j * SrRdd"�geuCtcV }� wren Ltintae Win: �, ry.t' ��lul+ •t 1 e•= `�� t�tul r! t I r�•N:,li�+. rt , ,2 r�j,�_y .._ � M'T �q ': r r.l, 3 4 t r��44,{{'��;;�Y`�'� NJ 'Cf TocHnoloaiotsw ^ rl r Q�J,L(��'t I.rl Trn..n Tircll tr.r+.+. �;r.� ... ,... �;[:tG!•�� UW,l61we] m:{• LOG OF BORING B-1 Project: Shiver Road - Ft. Worth, Texas Project No.: E10-0903 Date: 09/16/2010 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: ELWAIIPNI $0 LSYMBOLS SAMPLER I LER SYMBOLS DESCRIPTION McLL 'PL PI ;2W . OPRPEN UNCO L $!Min F)ELD TEST DATA I % ti, 11 L?! 0 Brown & dark brown CLAY w/ limestone fragments 14 & limestone cobble (FILL) Reddish brown & gray marly CLAY, slickensided & 4--68 2T 46. 43"+;'— blocky w/ iron ore seams 4;&W .6 113; 4,6+t 4.6++ 17 4.5+ 4.15t+ io Boring terminated at 10' I .25. -30 Notes: FIGURP--:2 IVITE, INC. I LOG OF BORING B-2 Project: Shiver Road - Ft. Worth, Texas Project No.: E10-0903 Date: 09/15/2010 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was; ECEVATIOIVI SOIL SYMBOLS L 2D' UNCON strain P:PEN ® :oVm I SAMPLERSYMBOLS MC U DESCRIPTION pe� ` 00 O &A E FIELD YES TDATA: 1i A �'• % Pd- W. Dark brown & brown CLAY w/ limestone fragments 2.4 -- & calcareous nodules (FILL) s, .zz ao a;a Brown CLAY w/ trace calcareous nodules & iron ore pieces 3:+' - Tan & light gray CLAY w/ calcareous nodules i^' -- zs 26' 60 22 36 2.3 I 2.4 .� Tan & light gray mariv CLAY w/ calcareous deposits Boring terminated at 10' I u i i i -35 Notes: FIGURE:3 f - —. IVITE- INC. LOG OF BORING B-3 Project: Shiver Road - Ft. Worth, Texas Date: 09/15/2010 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: I Project No.: E10.0903 - ELEVATIONI e DEPTH SOIL SYMBOLS 'SAMPLER SYMBOLS DESCRIPTION MC PL Pi -% DO P.Isf UNsf 8tra1n - Ifeetl 8 FIELD TEST DATA °� °� °� % pel lsf ksf % a Brown CLAY ---=-----1,5=---- 27 69 23 45 1.6 27 2.25 4.1 2.6 - Brown & tan CLAY w/ calcareous nodules z3 --- ---+-a----' Tan & light gray CLAY wl calcareous nodules z6 -22 56 20 36 2.4 Z25 Tan weathered LIMESTONE w/ clay seams, frac. — - �� Boring terminated at 10' • �a� I 20 i i 30: Notes: MTE, INC. FIGURE:4 LOG OF BORING B-4 Project: Shiver Road - Ft Worth, Texas Project No.: E10-0903 Date: 0911612010 EleV.: Location: See Figtire 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: ELEVATiONI SQILL,"804.8. -0d t! 01, 1pit i4vin L A-SYMOOLM DESCRIPTION 40 �DD PAM 0 � 118 PL - OTITEST DATA f of Brown & dark brown CLAY w/ limestone fragments (FILL) 0. 44 zO 34 2.1 'Dark brown :CLAY Brown CLAY w/ trace calcareous nodules 24 :ib: 62 la 34 2,6 Tan sandv CL Y w/ gravel seams -w/ very hard Imestone seams below 6' 2.25 . Tan mar1v CLAY w/ hard limestone fo Boring terminated at 10' Notes; MTE, INC. KEY TO LOG TERMS & SYMBOLS Symbol Deser .pt$on Strata svmbols CLAY Marly Clay LIMESTONE, weathered CLAY, sandy Soil Samplers Thin Wall Shelby Tube Notes: 1. Exploratory borings were drilled on dates indicated using truck mounted drilling equipment. 2. Water level observations are noted on boring logs. 3. Results of tests conducted on samples recovered are reported on the boring logs. Abbreviations used are: DD = natural dry density (pcf) LL = liquid limit W MC = natural moisture content W PL = plastic limit M Uncon.= unconfined compression (tsf) PI = plasticity index P.Pen.= hand penetrometer (tsf) -200 = percent passing #200 4. Rock Cores REC = (Recovery) sum of core sample recovered divided by length of run, expressed as percentage. RQD = (Rock Quality Designation) sum of core sample recovery 4" or greater in length divided by the run, expressed as percentage. FIGURE:6 MTE, INC. SWELL TEST RESULTS BORING DEPTH DRY IN -SITU FINAL LOAD % NO. (FEET) DENSITY MOISTURE MOISTURE (Psfl VERTICAL (Poo CONTENT CONTENT SWELL B-1 5-6 113.4 17.8 24.3 688 10.0 PROCEDURE: 1. Sample placed in confining ring, design load (including overburden) applied, free water with surfactant made available, and sample allowed to swell completely. 2. Load removed and final moisture content determined. SWELL TEST RESULTS SHIVER ROAD FT. WORT" TEK, R MAS-TEK ENGINEERING & ASSOCIATES El0.0003 p DATE: 09/27/2010 ( FIGURE:7 SOLUBLE SULFATES PPM TEST RESULTS BORING DEPTH SOLUBLE AVERAGE NO. (Fr,) SULFATES SULFATES (PPM) (PPM) 920.0 B-1 2-3 923 926.7 106.7 B-3 1-2 110 113.3 41e_ Mw�-7 roc esmpneering Sk A. A. bies6 inc- SoLuBLE SULF;ATES TEST RESULTS SHIVER ROAD FORT WORTH. TEXAS MAS-TEK ENGINEERING & ASSOCIATES E10.0903 I DATE:09/27/2010 1 FIGURE:8 LIME SERIES RESULTS DEPY BORING:: FO LIME.::- :LIQUID :`.; : ; PLASTICfTY NO. (FEET) ADDED ` LUff INDEX (PSI) B-3 1-2 0 69 46 1-2 5 54 20 1-2 7 53 16 1-2 9 50 12 WE SERIES TEST -RESULTS 1 SHIVER.ROAD .. FF. WOM.L TEXAS Mas-T��c Engineering MAS-TEK ENGINEERING & ASSOCIATES 8c Associates, Inc. E10-0903 I DATE: 00/27/2010 1 FIGURE: 9