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HomeMy WebLinkAboutContract 43359on FORTWORTH CITY SECRETARY CONTRACT wo. i SPECIFICATIONS AND CONTRACT DOCUMENTS i CITY SECRETARY FOR D.O.E. FILE am i CONTRACTORgTO"EWER REHABILITATION CONSTRUCTION'S COPY CONTRACT 52, PART 2 CLIENT DEPARTMENT City Project No. 01219 D.O.E. No. 3895 Sewer Project Nos. P258-70170121987 P254-70170121987 Betsy Price Mayor SEPTEMBER 2011 Tom Higgins Acting City Manager Doug W. Wiersig, P.E. Transportation and Public Works Department Director S. Frank Crumb, P.E. Water Department Director PREPARED FOR: The City of Fort Worth TEAGUE NALL AND PERKINS TBPE REG # F-230 1100 MACON STREET FORT WORTH, TX 76102 i O. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AV? TE4GUE NALL AND PERKINS Civil Engineering Surveying ; Landscape Architecture Planning 1-2 06- 9,-12 P03:'"'5 IN M&C Review Page 1 of 2 Official site of the City of Fort worth, Texas CITY COUNCIL AGENDA FORTTIVORT_II COUNCIL ACTION: Approved on 2/21/2012 DATE: 2/21/2012 REFERENCE NO.: C-25453 LOG NAME: 60SS52P2-ARK CODE: C TYPE: NON -CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract in the Amount of $1,606,568.00 with ARK Contracting Services, LLC, for Sanitary Sewer Rehabilitation, Contract 52, Part 2 on Refugio Avenue, Ellis Avenue, Columbus Avenue and NW 20th Street (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract in the amount of $1,606,568.00 with ARK Contracting Services, LLC, for Sanitary Sewer Rehabilitation, Contract 52, Part 2. DISCUSSION: On August 27, 2002, (M&C C-19206) the City Council authorized an Engineering Agreement with Teague Nall and Perkins, Inc., for preparation of plans and specifications for Sanitary Sewer Rehabilitation, Contract 52. This Project, Part 2, provides for the replacement of the severely deteriorated sanitary sewer mains on the following streets: Street Refugio Avenue Ellis Avenue Columbus Avenue NW 20th Street From NW 22nd Street NW 25th Street NW 20th Street Chestnut Avenue To NW 23rd Street North 400 feet NW 21st Street Columbus Avenue The Project was advertised for bid on September 29, 2011 and October 6, 2011 in the Fort Worth Star - Telegram. On November 3, 2011, the following bids were received: Bidder ARK Contracting Services, LLC. Jackson Construction Ltd. William J. Schultz, Inc. d/b/a Circle "C" Construction, Company Conatser Construction, TX, LP Amount Time of Completion $1,606,568.00 180 Calendar Days $1, 778, 045.00 $1,839,034.00 $2,037,643.50 Clean Water State Revolving Fund (SRF) funding in the amount of $311,685.00 is available towards this Construction Contract. The balance of $1,294,883.00 along with funding of $76,697.00 ($28,500.00 for construction staking, project management, material testing and inspection and as -built mapping and $48,197.00 for project contingencies) are needed from the Sewer Capital Projects Fund. ARK Contracting Services, LLC, is in compliance with the City's M/WBE Ordinance by committing to 20 percent M/WBE participation. The City's goal on the project is 20 percent. The project is located in COUNCIL DISTRICT 2. http://apps.cfwnet.org/council_packet/mc—review.asp?ID= 1 6434&councildate=2/21/2012 6/25/2012 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Clean Water State Revolving Fund 2007 and the Sewer Capital Projects Fund. TO Fund/Account/Centers Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 60SS52P2-ARK MAP 01.0f 60SS52P2-ARK MAP 02.ndf 60SS52P2-ARK MAP 03.0df FROM Fund/Account/Centers P254 541200 702170121987 $311,685.00 P258 541200 702170121987 $1.294.883.00 Fernando Costa (6122) S. Frank Crumb (8207) Rakesh Chaubey (6051) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16434&councildate=2/21/2012 6/25/261 OCT-31-2011 15:40 TEAGUE NALL AND PERKINS 8173362813 P.01i01 A ADDENDUM NO. 3 FOR SANITARY SEINER REHABILITATION CONTRACT 52 -- PART 2 Sewer Project Nos. P258-70170121987 P254-70170121987 City Contract No. 01219 D.O.E. No. 3895 Addendum No. 3 Issue Date: October 31, 2011 Bid Receipt Date: November 3, 2011 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS: SPECIFICATION AND CONTRACT DOCUMENTS: 1. Part 03 — MWBE Documentation MNVBE Project Goals: The City's MANBE goal on this project is 16% of the total bid. R ipt owledged: Water Department itle: Q �n L gy: 70A� c� 1 Tony Sholola, PE Engineering Manager Water Department 1 ADDENDUM NO.2 TOTAL P.01 ^ OCT-26-2011 11:14 TEAGUE NALL AND PERKINS ADDENDUM NO. 2 FOR SANITARY SEWER REHABILITATION CONTRACT 52 — PART 2 Sewer Project Nos. P25B-70170121987 P254-70170121987 r City Contract No. 01210 J. D.O.E. No. 3895 Addendum No. 2 Issue Date: October 26, 2011 Bid Receipt Date: November 3, 2011 91?3362B13 P.01 Thim addendum forms part of the contract documents referenced above and modNies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to Ilie Contract Documents (inside cover). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your hid. PLEASE MAKE NOTE OF rHE POLLOWG REVISIONS: SEECIF/CAT1()N AND CONTRACT DOCUMENTSc 1. Part 02 — Front End Documents The Notice to Bidders and Comprehensive Notice to Bidders are both modiFed by this Addandum to reflect a new Bid Receipt Date. All othef provisions of both notices shall remain in effect. Bids will be received until 1:30 PM, Thursday, November 3, 20.11. 2. Bid Package Replace the Bld Proposal in its entirety with the attached revised Rid Proposal, Pages 1 R — 24R. CONSTRUCTION PLANS: 3. Plan Sheets 34 and 35 are hereby deleted from the plan set. The sanitary sewer lines shown on these sheets are no longer pall of the project. 1 ADOFNOUM NO.2 v OCT-26-2011 11:14 Re eip� 8y: TEAGUE NALL AND PERKINS Ac led ed; Water Depariment -slum C. &U)Vsp By: Tony Sholola, PE Engineering Manager Water Department 2 8173362813 P.02 ADDENDUM NO.2 ADDENDUM NO. 1 FOR SANITARY SEWER REHABILITATION CONTRACT 52 — PART 2 Sewer Project Nos. P258-70170121987 P254-70170121987 City Contract No. 01219 D.O.E. No. 3895 Addendum No. 1 Issue Date: October 17, 2011 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS: 1) The specifications that were posted on the City of Fort Worth's Buzzsaw website included Short Form Notice to Bidders and Comprehensive Notice to Bidder forms that contained incorrect advertisement and bid opening dates. Please note the corrected dates included in the revised Short Form Notice to Bidders and Comprehensive Notice to Bidders: Advertising Dates: September 29, 2011 and October 6, 2011 Bid Opening Date: October 27, 2011 All Specification books that were purchased at the offices of Teague Nall and Perkins included Short Form Notice to Bidders and Comprehensive Notice to Bidders that contained the correct dates, however, this addendum shall be acknowledged in all bids submitted. This document constitutes the official Addendum No. 1. The addendum previously distributed was not signed by the City of Fort Worth and should be disregarded. ADDENDUM NO. 1 Water Department 4- By: ` "h0jo, Tony Sholola, PE Engineering Manager Water Department ADDENDUM NO. 1 r. m PART 1 PROJECT INFORMATION 1.1 TITLE PAGE 1.2 LOCATION MAP go i i go FORTWORTH SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER REHABILITATION CONTRACT 52, PART 2 City Project No. 01219 D.O.E. No. 3895 Sewer Project Nos. P258-70170121987 P254-70170121987 SEPTEMBER 2011 Betsy Price Tom Higgins Mayor Acting City Manager Doug W. Wiersig, P.E. Transportation and Public Works Department Director S. Frank Crumb, P.E. Water Department Director PREPARED FOR: The City of Fort Worth TEAGUE NALL AND PERKINS TBPE REG # F-230 1100 MACON STREET FORT WORTH, TX 76102 X�TEAGUE NALL AND PERMNS Civil Engineering Surveying It Landscape Architecture I Planning f I I I d f I I 1 I f i I I I I f 1 1 BASIN M-BRI279 PROJECT LOCH TION BASIN M-170 ton !/ !Pl- dEM-NARY �f DR�96 20 L OCA TION MAP N.T.S. p- .. PART 2 ' FRONT END DOCUMENTS 2.1 TABLE OF CONTENTS 2.2 NOTICE TO BIDDERS 2.3 COMPREHENSIVE NOTICE TO BIDDERS 2.4 SPECIAL INSTRUCTIONS TO BIDDERS 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) ❑ 2.5 - 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 ® 3.5 - MWBE Joint Venture pdf 04 - Bid Package ® 4.1 - Bid Proposal Cover & pdf Signature Sheets ® 4.2 - Bid Proposal(s) MS -Excel ❑ 4.3 - Green Cement Policy MS -Word Compliance Statement ❑ 4.4 - Bid Schedule pdf ® 4.5 - Vendor Compliance to pdf State Law ® 4.6 - List of Fittings pdf ® 4.7 - Pre -Qualified Contractor MS -Word List 05 - General and Special Conditions ® 5.1 - 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) ® 5.7 - Wage Rates pdf ® 5.8 - Compliance with and pdf City of Fort Worth, Texas Table of Contents PMO Release Date: 03.29.2011 Page 1 of 2 TABLE OF CONTENTS 06 — Technical Specifications 07 — Contracts, Bonds and Insurance 08 — Appendices 09 — Addenda City of Fort Worth, Texas Table of Contents PMO Release Date: 03.29.2011 Page 2 of 2 Enforcement of Prevailing Wage Rates ® 5.9 — Standard Details (water- dwf sewer) ® 5.10 — Standard Details dwf (paving- drainage) ❑ Technical Specs Index ® 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 ® 7.5 - Payment Bond pdf ® 7.6 - Maintenance Bond pdf ® 7.7 — City of Fort Worth pdf Contract ® Easements Index ® Permits Index ❑ Reports Index ❑ Pavement Cores ❑ Addenda Index SHORT FORM NOTICE TO BIDDERS Sealed proposals for the following: Sanitary Sewer Rehabilitation Contract 52, Part 2 Sewer Project No's. P258- 70170121987 P254-70170121987 City Project No. 01219 DOE 3895 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 PM, Thursday, October 6, 2011 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Contract documents, including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth's Purchasing Division website at httn://www.fortworthiiov.orv-/ourchasinv/ and clicking on the project link. This link will take you to the advertised project folders on the City's 1311 aw 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 are available at the office of the design engineer, Teague Nall and Perkins —1100 Macon St, Fort Worth Texas, 76102, at a cost of $ 60 per set (non-refundable). The major work will consist of the following (All Approximate): UNIT 1- SANITARY SEWER IMPROVEMENTS (State Revolving Fund Tier 11 Loan Funding) 2,295 L.F. 8" Sewer Pipe 13 EA. Manholes UNIT II - SANITARY SEWER IMPROVEMENTS (City's Operating Budget) 4,437 L.F. 8" Sewer Pipe 573 L.F. 21" Sewer Pipe 330 L.F. 30" Sewer Pipe 41 EA. Manholes All bidders submitting bids are required to be pre -qualified in accordance with the requirements of the Special Instructions to Bidders. For additional information, please contact Rakesh Chaubey, P.E., Project Manager, City of Fort Worth — Water Department at Telephone Number: (817)392-6051 or by email: rakesh.chaubey@fortworthgov.org, and/or Ty Hilton P.E., Project Manager, Teague Nall and Perkin- at (817)336-5773 or by email: thilton@tnp-online.com. i SHORT FORM NOTICE TO BIDDERS .. Advertising Dates: September 15, 2011 September 22, 2011 i w- i i OR ow i i f Mt M COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: Sanitary Sewer Rehabilitation Contract 52, Part 2 Sewer Project No's. P258- 70170121987 P254-70170121987 City Project No. 01219 DOE 3895 Addressed to: CITY OF FORT WORTH om PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1:30 PM, Thursday, October 6, 2011 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Contract documents, including plans and specifications for this project may be obtained on- line by visiting the City offort Worth's Purchasing Division website at http://www.fortworth2ov.ora/purchasinv/ and clicking on the project link. This link will take you to the advertised project folders on the City's Buz zsaw 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 are available at the office ofthe design engineer, Teague Nall and Perkins —1100 Macon St, Fort Worth Texas, 76102, at a cost of $ 60 per set (non-refundable). The major work will consist of the following (All Approximate): UNIT I — SANITARY SEWER IMPROVEMENTS (State Revolving Fund Tier II Loan Funding) 2,295 L.F. 13 EA. UNIT II — SANITARY SEWER IMPROVEMENTS (City's Operating Budget) 4,437 573 330 41 L.F. L.F. L.F. 8" Sewer Pipe Manholes 8" Sewer Pipe 21" Sewer Pipe 30" Sewer Pipe EA. Manholes 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. COMPREHENSIVE NOTICE TO BIDDERS 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 of the 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 Ty Hilton, P.E. of Teague Nall and Perkins, at 817-336-5773. Bidders, using the printed copy, shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specification book or face rejection of the bid as non -responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time deadline stated below or the bidder may request a copy of said forms from the City of Fort Worth Project Manager named in this solicitation. In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City of Fort Worth contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR 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 Water Department to whom delivery was made. Such receipt shall be evidence that the City of Fort Worth received the Documentation. Failure to comply shall render the bid non- responsive. "Any contract or contracts awarded under the Notice to Bidders are expected to be funded in part by a loan from the Texas Water Development Board. Neither the State of Texas nor any of its departments, agencies or employees are, or will be, a party to this Notice to Bidders or any resulting contract. The contract or contracts are subject to regulations contained in 31 TAC, Chapter 363, if effect on the date this contract is executed." 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 the complete proposal. A bid proposal submittal that is received with the proposal incomplete will be rejected as being non -responsive. The Contractor, who submits the bid with the lowest price, will be the apparent successful bidder for the project. Bidders are hereby informed that the Director of the Water Department reserves the right to evaluate and recommend to the City of Fort Worth City Council the bid that is considered to be in the best interest of the City of Fort Worth. Bidders must be pre -qualified with City of Fort Worth to secure an award of a project. Not being pre -qualified can be grounds for rejection of a bid. For additional information, please contact Mr. Ty Hilton, P.E., Project Manager, Teague Nall and Perkins, Inc. at Telephone Number: 817-336-5773, or by email: thilton@tnp-online.com or Mr. Rakesh Chaubey P.E., Project Manager, Water Department at 817-392-6051. Thomas M. Higgins, P.E. INTERIM CITY MANAGER By: I �� �j 6 UU6 Tony Sholola, P.E Engineering Manager, Water Department MARTY HENDRIX CITY SECRETARY NAW COMPREHENSIVE NOTICE TO BIDDERS Advertising Dates: September 15, 2011 a* September 22, 2011 wq M SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial y 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-prequalifled 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 reinsures 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 r. 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 C 1: Supplementary Conditions To Part C — General Conditions, pertain to this inspection. (C) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engagers 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: a. 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. C. 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 bw .m wr a - PART 3 m MWBE DOCUMENTATION • 3.1 MWBE SPECIAL INSTRUCTIONS am 3.2 MWBE SUBCONTRACTORS/SUPPLIERS UTILITZATION FORM • 3.3 MWBE PRIME CONTRACTOR WAIVER • 3.4 MWBE GOOD FAITH EFFORT • 3.5 MWBE JOINT VENTURE Au s FORTWORTH City of Fort Worth Minority and Women Business Enterprise Specifications -- SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the MtWBE goal is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE qoal is not applicable. am POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's M/WBE goal on this project is 18 % of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's MNVBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or: 3. Waiver documentation, or: 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order — for the entire bid to be considered responsive to the specifications. The Offeror shalt -deliver the MWBE documentatiol i in person to, the appropriate employ of the managing department and- obtain a date/time receipt ; .Such receipt sh be evidence that the City, received tltia dacurrientation in the time allocated :, A faxed dcipy,vNlil>i not bw Ac;,ep`te`d4 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. { 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. S. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed qoal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS .. Any questions, please contact the M/WBE Office at (817) 392-6104. .. Rev. 1111105 ATTACHMENT 1A Page 1 of 4 Fob WORTH PRIME COMPANY NAME: PROJECT NAME: C4's M/WBE Project Goal: /8 % _ City of Fort Worth Subcontractors/Suppliers Utilization Form Prime's MNVBE Project Utilization: Check applicable block to describe prime f MAN/DBE I I NON-MNV/DBE _ I BID DATE PROJECT NUMBER 0 11L 19 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 MNVBE 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 1at 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 (MIWBE). �- 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 MNVBE may lease trucks from another MNVBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The = MNVBE may lease trucks from non-MNVBEs, 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 FOR, T�WORTH ATTACHMENT 1A Page 2 of 4 M Primes are required to identify ALL subcontractorstsuppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list MANBE firms first, use additional sheets if necessary. SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax Certification N (check one) n N T M W C X M B B T D W E E R O B C T E A Detail Detail Subcontracting Work Supplies Purchased Dollar Amount 1, IF& PW ATTACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MNVBEs. Please list MANBE firms first, use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address I M W C X m Subcontracting Work Supplies Purchased Dollar Amount T D Telephone/Fax r B B E E R 0 B 8 C T E A ATTACHMENT IA Fo4H Page 4 of 4 an ' Total Dollar Amount of M/WBE Subcontractors/Suppliers $ .- Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ - 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 ChangelAddition. 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 MNV/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 MNV/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. an M Authorized Signature Printed Signature Tale Contact Name/Title (if different) Company Name Telephone and/or Fax Address E-mail Address Citylstateop Date .. FORT WORTH PRIME COMPANY NAME: PROJECT NAME: City's MIWBE Project Goal: 18 % City of Fort Worth Prime Contractor Waiver Form PROJECT NUMBER 01z.19 ATTACHMENT 1 B Page 1 of 1 Check applicable block to describe prime M/W/DBE I NON-M/W/DBE ID DATE If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Manaainp Department on or before 5:00 a.m.. five (5) City business days after bid oneninq, exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. I Will you perform this entire contract without subcontractors? YES If yes, please provide detailed explanation that proves based on the size and scope of this NO project, this is your nc-mal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this ! M project, this is your normal business practice and provide an inventory profile of your business. I NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/ BE(s) on this contract, the payment k therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MAVBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature i Title Contact Name (if different) M ~` Company Name Phone Number Fax Number me Address Email Address City/statelzip Date Rev. 5/30/03 MW P" ATTACHMENT 1C Page 1 of 3 FORT WORTH .r•r--- City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: I Check applicable block to describe prime j I MAN/DBE I I NON-MM/DBE - PROJECT NAME: 1 BID DATE City's MMUBE Project Goal: PROJECT NUMBER 18 % 012.1 Ci 1D. 0. E . 'aegis IIf you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunityl for the completion of this " project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMSR On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 05/30/03 M ATTACHMENT 1C ,r Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing No 3.) Did you solicit bids from MfWBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? •■ Yes (if yes, attach list to include name of M/WBE firm, person contacted, phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile Is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the MIWBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in +� the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in -camera access to and .. inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection 5 Rev. 05/30/03 P" ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. .. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Title Company Name Address City/State/Zip Printed Signature Contact Name and Title (if different) Phone Number Fax Number Email Address Date Rev. 05/30/03 PART 4 BID PACKAGE • 4.1 BID PROPOSAL COVER & SIGNATURE SHEETS • 4.2 BID PROPOSAL(S) 4.5 VENDOR COMPLIANCE TO STATE LAW am • 4.6 LIST OF FITTINGS • 4.7 PRE -QUALIFIED CONTRACTOR LIST am .0% oft mm PROPOSAL TO: The Purchasing Department Fort Worth, Texas City of Fort Worth, Texas September, 2011 FOR: Sanitary Sewer Rehabilitation - Contract 52, Part 2 City Project No.: 01219 UNITS/SECTIONS: Unit 1 - Sanitary Sewer Improvements (State Revolving Fund Tier II Loan Funding) Unit 2 - Sanitary Sewer Improvements (City's Cost) Pursuant to the foregoing "Notice to Bidders," the undersigned has examined the plans, ` specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Water Department of the City of Fort Worth. If required by this project, Contractor must be pre -qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract 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, by represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. Special Note: All contractors are advised that one contract will be awarded to the lowest combined bid for all Units/Sections. OCT-26-2011 11:14 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabllltation Contract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 '- UNIT 1- SANITARY SEWER IMPROVEMENTS (TIER II LOAN FUNDING) I.I. Ain 1,509 'Pipe-Sower-8 Inch (All Depths) - Install; 00351 LF r Dollars and C..nts per Lr slo 8. 00 s�a/a 1-2. BID 20 1 F Pipe-Sewer-8 Inch-SOR28 (All Depths) - 00350 Install; Dollars and /10 cents per LF 3 00 S / .OD Sir) 320 Li' -Pip" Inch to 8 Inri,-Enlargement HOPE OU222 Install: Per Item DA 3 SDollars and 49P A(( Ccnte per LF 0 se?d 910 1-4. BID 50 LF Pepe -Sag Adjustment for Pipe - RehZb; 0022E Pei Ilam DA-3 5 X 7- Dollars and /'I 0 Cents per LF I-5. DID 402 LF Sower Servlcp-4 Incli - Install; 00354 Per Item D-27/ Details SAN 011,011A 1 Dollars and /VD cants per LF s_(�D. 00 $3 OOaOD - , " COMPLETE CITY APPROVED METIIOD AND APPROVED PRODUCT SHEET ON PAGE 24 I Addendum No. 2 lIC t-26-2I� 11 11 15 TERGUE NRLL AND PERK I NS C71 'JJOGUI..1 Sanitary Sewer Rehabilitation Contract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254.70170121987 UNIT 1 - SANITARY SEWER IMPROVEMENTS (TIER II LOAN FUNDING) BID 218 LF Sewer Service-4 Inch --DIP - install; 00960 Per Items D-27, DA-6/ Details SAN-011,011A ,-S / X IW % Dollars and /✓O Cents per LF 1-7. BID 26 EA Sewer Service-4 Inch Service Tap •- Install; 00355 Per Item D-271 Details SAN-011,011A A 0 L e J Dollars and No Cents per EA 1-8. BID 11 EA Sewer Service-4 Inch Tap to HDPE by Pipe 00961 Enlargement - Install; Per Item D-27/ Details SAN-011,011A /Y/ ffllir ,e-0 T Ty Dollars and IVO Cents per EA 1-9. BID 37 EA Sewer Service-4 Inch-2 Way Clean Out - 00356 Install; Per Item D-60/ Details SAN-011,011A fZV/YOrP.6D _ FOR IV Dollars and 1VO Cents per EA 1-10. BID 1,771 Trench Safety System >5 Foot Depth -- 00372 LF Install; Per Item D-25 I-U-J/) Dollars and /ISO Cents per LF 2R Addendum No, 2 $ /6.00 0CBS.bo $ `f�0, 00 $ $.V1.00 $OA20.Od 0,00 $3,5' .ov OCT-26-2011 11:15 TEAGUE NAIL AND — RK I NS H l YZZbeW .3 Sanitary Sewer Rehabilitation Contract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P264.70170121987 UNIT 1 - SANITARY SEINER IMPROVEMENTS (TIER II LOAN FUNDING) 1-11 BID 6 EA Manhole - Remove; 00206 Per Item D-28 Si e!kl � fD Dollars and NO Cents per EA 1-12. BID 4 EA Manhole- Std 4 Ft Diam-(to 6 FT depth) 00213 install; Per Item D-26/0etail SAN-003 f lgi*aea Dollars and &0 Cents per EA 1-13, BID 9 VF Manhole Std 4 Ft Diam-Added Depth (over 6 00214 FT depth) - Install; Per Item D-26/Detail SAN-003 A /YC7'y Dollars and /V"q Cents per VF 1-14. BID 3 EA Manhole-Drop-Std a Ft Diam-(to 6 FT depth) 00207 - Install; Per Item 0-26/Detail SAN-005 7ff,P,�"E- TTf ei i�`urvo,2E11 �D Dollars and Ala Cents per EA 1-15. BID 13 VF Manhole-Drop-Std 4 Ft Diam-Added Depth 00208 (over 6 FT depth) - Install; Per Item D-28/Detail SAN-005 r.w:> $fpG�. oo ��C10 oa g, 8a- o o $// o. o Q�aen laeeO Tr/✓ Dollars and A60 Cents per VF $ //D. 40 $1113o 00 3R Addendum No. 2 OCT-26-2011 11:15 TEAGUE NALL AND PERKINS 8173362813 P.06 Sanitary Sewer Rehabilitation Contract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P264-70170121987 UNIT 1 — SANITARY SEWER IMPROVEMENTS (TIER II LOAN FUNDING) 1-16. BID 1 EA Manhole -Shallow Std 4 Ft Diam-(Shallow 00212 Cone) -- Install; Per Item D-26/Detail SAN-004 1-17. BID 00211 1-18. BID 00217 1-19, BID 00196 , Wu ,ea g/J 7hb 5AN SIX Dollars and NO Cents per EA 31 VF Manhole -Paint & Coating -Interior Protective Coating - Install; Per Item DA-9 !n'D.CEa Dollars and Cents per VF 8 EA Manhole -Vacuum Test - Services; Per Item 0-35 /ro 8 EA Collar -Manhole - Install; Per Detail SAN-009 Dollars and Cents per EA "aa- e a $4�DD. ot2 /7Ui✓Dn Dollars and YO Cents per EA 1-20. BID 100 LF Curb & Gutter - Install: 00423 Per Item DA-24 7 ,5 T v Ttur) Dollars and NQ Cents per LF 4R Addendum No, 2 OCT-26-2011 11:15 TEAGUE NALL AND PERKINS 8173362813 P.07 Sanitary Sewer Rehabilitation Contract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 1 -- SANITARY SEWER IMPROVEMENTS (TIER II LOAN FUNDING) 1-21. BID 117 SF Walk - Install; 00528 Per Item DA-45 (Incl. Removal of Exist Walk) i/9- Dollars and A�0 Cents per SF $ - 00 1-22. BID 36 SF Driveway - install; 00404 Per Item DA-25 (Intl. Removal of Exist Concrate Driveway) Six Dollars and Alt) Cents per SF $ 6. 00 $a/6-00 1-23. BID 5 SY Pavement -Valley Gutter - Install; 00473 Per Item DA-31 (Intl. Removal of Exist Valley Gutter) S/&* z Z/_ dE Dollars and 1/07 Cents per SY $ A5" 00 $3aS.00 1-24. BID 322 SY Grass -Sod - Install; 00137 Per Item D-44 S/,� Dollars and A/O Cents per SY $ ,* 5R Addendum No. 2 _ OCT-26-2011 11:15 TEAGUE NALL AND PERKINS 8173362813 P.08 Sanitary Sewer Rehabilitation Contract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 1 — SANITARY SEWER IMPROVEMENTS (TIER 11 LOAN FUNDING) 1-25. BID 5 CY Concrete -Class "B" (2500psi)-Miscellaneous 00837 - Install; Per Item D-20 Dollars and A/O Cents per CY $ ?Y00 $92 (Z 1-26. BID 5 CY Concrete -Class -E" (1500psi)-Miscellaneous 00839 - Install; Per Item D-20 0/✓C"fvaeyy �� Dollars and M9 Cents per CY $ /�.�r. DQ $.�a say 1-27. BID 5 CY Washed Rock-1/2- to 1-1/2"-Miscellaneous -- 00840 Install; Per Item D-20 Dollars and IVO Cents per CY $ _3X• 00 $ /%d• 00 1-26. BID 5 CY Subgrade-Crushed Limestone for Misc. 00493 Placement - Install; Per Item D-21 T . / / Y Dollars and A10 Cents per CY $2 P, OU $ 6R Addendum No. 2 OCT-26-2011 11:15 TEAGUE NALL AND PERKIN S al Sanitary Sewer Rehabilitation Contract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 1 — SANITARY SEWER IMPROVEMENTS (TIER II LOAN FUNDING) 1-29. BID 1,786 Pavement-2 Inch Min HMAC on 2/27 00443 LF Concrete Base - Install; Per Item 0-24, Detail STR-028 /V 1�.�/ Dollars and WO Cents per LF 1-30. BID 100 LF Pavement -Concrete on 2/27 Concrete Base 00458 Install; Per Item D-24, Detail STR-021 Dollars and Cents per LF 1-31. 910 200 SY Pavement-HMAC Replacement -Permanent, 00430 Beyond Trench Width - Install; Per Item D-24 Dollars and A7 Cents per SY 1-32. BID 2,211 Inspection-Preconstruction Cleaning & TV 00202 LF Study; Per Item D-34 76f/o Dollars and /Vo Cents per LF 7R Addendum No. 2 r. U.7 "a o $ 5; 000.ov OCT-26-2011 11:15 TEAGUE NALL AND PERKINS di (JJbLt7J.J Sanitary Sewer Rehabilitation Contract 52, Part 2 SEWER PROJECT NO, P258-70170121987, P254.70170121987 UNIT 1 - SANITARY SEWER IMPROVEMENTS (TIER II LOAN FUNDING) 1-33. BID 1.861 Inspection-Postconstruction Cleaning & TV 00201 LF Study; Per Item D-37 0/Yb Dollars and Cents per LF 1-34. BID 1 EA Dehole-Exploratory Excavation - Study; 00542 Per Item D-50 DNS A�s�t/✓D //Do� nd /1/LJ Cents per EA 1-35, BID 1 LS Traffic Control — Install; 00181 Per Item D-8 , Details in Specification Book 6 . 1C1 /Y0 Cents per LS $ $ ,SDD. L70 UNIT 1 - SANITARY SEWER IMPROVEMENTS I (TIER 11 LOAN FUNDING) TOTAL IS TRANSFER TOTAL TO RID SUMMARY, PAGE 23 811 Addendum No. 2 OCT-26-7011 11:15 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 2 — SANITARY SEWER IMPROVEMENTS (CITY'S COST) II-1 BID 91 LF 'Pipe-Sewer-30 Inch- (All Depths) - Install 00299 ��&A_YDif1� �6f�Dollars and /V0 Cents per LF $d 90.00 $c6, 0OC II-2. BID 239 LF Pipe-Sewer-30 Inch-01P (Ail Depths) Install 00293 .AfV Dolliars and A49 Cents per LF $ ,3%D- 00 $ V `00-00 11-3. BID 553 LF 'Pipe-Sewer-21 Inch- (All Depths) - Install 00287 Mr ,P 'A yGollars and ND Cents per LF 11-4. 81D 20 LF Pipe-Sewer-21 Inch-SDR26 (Ali Depths) - 00286 Install U/YEf%/YDR�D �✓k 7V Dollars and r A/O Cents per LF II-5, BID 165 LF Pipe-Casing-20 Inch -Casing -Other than Open 00578 Cut -- Install; $43, -0o $85,�7iS.00 $'�&q 00 $3CR00. oe� 0k1k N WW d Dollars and A(O Cents per LF 4 $Z 00. OD COMPLETE CITY APPROVED METHOD AND PRODUCT SHEET ON PAGE 24 9R Addendum No, 2 OCT-26-2011 11:15 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Contract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P264-70170121987 UNIT 2 — SANITARY SEWER IMPROVEMENTS (CITY'S COST) II-6. BID 30 LF `Pipe-Sewer-10 Inch- (Alt Depths) -- Install; 00246 II-7 I l-8. 11-9. 11-10, BID 00351 BID 00360 8173362813 P.12 D Te'�Dollars and /IUD Cents per LF $fall. 00 $3,2047 00 3,549 'Pipe-Sewer-8 Inch- (All Depths) - Install; LF ��y 4�Dollars and Cents per LF 90 LF Pipe-Sewer-8 Inch-SDR26 (All Depths) - Install; $ 'i9.0o $aBO, 371 .55Dollars and /VQ--__Cents per LF $ '7✓r.. 00 $6 750. 00 BID 140 LF Pipe-Sewer-8 Inch -DIP (All Depths) - Install 00332 �f% y i 4'_1:'•Ve Dollars and 8 �Od /V/7 Cents per LF BID 276 LF Pipe-Sewer-8 Inch -Bore & Jack w/Pressure 00348 Grout - Install; Per Item DA-6 S /� 9O0• ©O f2/YE I!/YD�PED r6-h—I Dollars and /VO Cents per LF $ /k, 00 $46cO-00 COMPLETE CITY APPROVED METHOD AND PRODUCT SHEET ON PAGE 24 I OR Addendum No. 2 Ul- I -LO-e uI 1 11 • 1J I GHUUC I`IHLL ",IV r-rKrt 1IV5 Sanitary Sewer Rehabilitation Con tract 62, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 2 - SANITARY SEWER IMPROVEMENTS (CITY'S COST) 11-11. BID 165 LF Pipe-Sewer-8 Inch -In Casing Pipe -Other 01165 than Open Cut - Install; (Incl. 20" Steel Casing Pipe) Per Item DA-6,DA-71Detail SAN-008 11-12. BID 00331 II-13. BID 00319 ,ale-j Q Dollars and 11/01_..._Cents per LF 15 LF Pipe-Sewer.PVC-6 Inch by Open Cut - Install (SDR35); 01 r-. 1J $j(?0 Oo $33 Veo /V7/f��-%/ Dollars and A14 Cents per LF $ 90. 00 $.�Ozo 20 LF Pipe-Sewer-6 Inch DIP (All Depths) - Install; ,7k/V Dollars and I* Cents per LF 11-14. BID 568 LF Sewer Service-4 Inch -- Install; 00354 Per Item D-27/Details SAN-011,011A Dollars and /ISO Cents per LF II-15, BID 65 EA Sewer Service-4 Inch Service Tap - Install; 00355 Per Item D-27/Details SAN-011.011A $aoOO $Z 60a. ) D�l.//✓D,QEQ ,G Dollars and /V/J Cents per EA $ 1 7,6. 00 $//, .3 %SOU 11R Addendum No. 2 OCT-26-2011 11:15 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 52, Part 2 SEWER PROJECT NO. P258.70170121987, P254-70170121987 UNIT 2 - SANITARY SEWER IMPROVEMENTS (CITY'S COST) II-16. BID 51 EA Sewer Service-4 Inch-2 Way Clean Out - 00356 Install; Per Item D-600etails SAN-011,011A �E llalY M"' Dollars and /110 Cents per EA II-17. BID 2,424 Sewer Service-4 Inch on Private Property -- 00354 LF Install; Per Item D-27/Details SAN-011,011A To be performed by a Licensed Plumber J/ )C TEEi1i Dollars and IVO Cents per LF II-18. BID , 59 EA Sewer Service-4 Inch-2 Way Clean Out on 00356 Private Property - Install; Per Item D-60/0etails SAN-011,011A To be performed by a Licensed Plumber 6!/v A610/�E� Dollars and D Cents per EA 11-19. BID 4,626 Trench Safety System > 5 Foot Depth - 00372 LF Install; Per Item D-25 8173362813 P.14 $ / 6.00 $39 7Bfoo $C�00, OD I-W- 10 Dollars and /✓O Cents per LF $ C� . 00 12R Addendum No. 2 OCT-26-2011 11 15 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 2 — SANITARY SEWER IMPROVEMENTS (CITY'S COST) II-20, BID 6 EA Manhole -- Abandon; 00205 Per Item D-28 __5 X rTG�/y _Dollars and ,, /✓O / Cents per EA 11-21. BID 17 EA Manhole - Remove; 00206 Per Item D-28 SE✓&1✓ f�L!/1/ �E'EQ Dollars and Cents per EA 11-22. BID 1 EA Manhole- Type A Mod 5 FT Dlam-(to 6 FT 00962 depth) - Install; Per;ltem D-26, SAN-001, SAN-002, SAN-003 SAIYA Dollars and Cents per EA II- BID 1 EA Modified Type A Manhole (to 6 FT depth) rQ - 22a. Special M-BR STA 0+00 ; Per Item D-26, Details these Plans, SAN-003 ;&49- Dollars and /1/0 Cents per EA II-23. BID 16 VF Manhole- Type A Mod 5 FT Diam-Added 00953 Depth (over 6 FT depth) - Install; Per Item D-26, SAN-001, SAN-002 8173362813 P.15 ;/ ✓t - O'i�Ei�/,!/✓dPFD Vy- Dollars and /VO Cents per VF 3 /3S0 0 $,%,160.00 13R Addendum No. 2 OCT-26-2011 11:16 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121981 UNIT 2 SANITARY SEWER IMPROVEMENTS (CITY'S COST) II-24. BID 25 EA Manhole- Std 4 Ft Diam-(to 6 FT depth) 00213 Install-, Per Item D-26, SAN-003 �;�yf"!%/r✓D�D 7/�.Pre�Dollars and IV-0 Cents per EA II-25_ BID 64 VF Manhole- Std 4 Ft Diam-Added Depth (over 00214 6 FT depth) - Install; Per Item D-26, SAN-003 D/%E /T !'/1.1�W Dollars and Nt9 Cents per VF II-26. BID 2 EA Manhole- Std 5 Ft Diam-(to 6 FT depth) 00215 Install; Per Item D-26 FUG T D f; Dollars and �1!D Cents per EA II-27. BID 16 VF Manhole- Std 5 Ft Diam-Added Depth (over 00216 6 FT depth) -- Install; Per Item D-26 817336281�3 P.16 $ /QO.00 $lo, i�0 0.00 $�e)4.On $9,A00.00 QAiE�n,?�D %fi/�P y Dollars and Cents per VF $ /3SOo S�j/(o.00 14R Addendum No. 2 OCT-26-2011 11:16 TEAGUE NALL AND PERKINS 8173362813 P.17 Sanitary Sewer Rehabilitation Con tract 62, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 2 — SANITARY SEWER IMPROVEMENTS (CITY'S COST) II-28. BID 12 EA Manhole-Drop-Std 4 Ft Diam-(to 6 FT depth) 00207 - Install; Per Item 0-26, SAN-005 D/✓� d T/V Dollars and /{IQ ,Cents per EA $//O.DO sX, 3a0.co II-29, BID 64 VF Manhole-Drop-Std 4 Ft Diam-Added Depth 00208 (over 6 FT depth) - Install; Per Item D-26, SAN-005 jl,(,;jl�Ty Dollars and Cents per VF s CID. 00 $S760. 00 11-30. BID 1 EA Manhole -Shallow Std 4 Ft Diam-(Shallow 00212 Cone) - Install; Per Item D-26, SAN-004 Zi& SAIr,61 SiX'Dollars nd M9 Cents per EA G4�. ao�l (OfJG.001 II-31. BID 176 VF Manhole -Paint & Coating -Interior Protective 00211 Coating - Install; Per Item DA-9 �,U,4 f /►'D/ZEa Dollars and No Cents per VF $q?/10- 00 $,3�oZ0000 II-32. BID 40 EA Collar -Manhole - Install; 00196 Per Detail SAN-009 f1l!/✓Q, a Dollars and /YO Cents per EA $ 300 - 00 6Z,�, 000. 00 15R Addendum No. 2 4 OCT726-2011 11:16 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 62, Part 2 SEWER PROJECT NO. P258-70170121987, P264-70170121987 UNIT 2 -- SANITARY SEWER IMPROVEMENTS (CITY'S COST) 11-33. BID 1 EA Remove Exist Cone, Install Cone and Frame Special Cover Incl. Concrete Collar; Per Item D-26, Detail SAN-009 T�s�iya EGfj7' ollars and and ollar 8173362813 P. A/O Cents per EA .0 $a. 900, 00 11-34. BID 40 EA Manhole -Vacuum Test — Services; 00217 Per Item D-35 G!/i/.%�,0 Dollars and A/i7 Cents per EA II-35. BID 152 VF Concrete Piers — Install; Special (Intl. Excavation, Reinforcing Steel, and Steel Straps) Per Details in Plans �jgON& G!r✓D��D FiY7' oolnd /VU Cents per VF II-36. BID 80 LF Remove and Relay Existing Storm Drain Special Pipe (All Sizes and Depths); Per Plans Dollars and /YO Cents per LF II-37. BID 1 EA Water Line Lowering (AII Sizes and Depths); Special (Ind Pipes, Fittings, and Blocking) Per Item D-51/Details WTR 009,010, 011 %/ 461/ lYf Dollars and IYO Cents per EA 16R Addendum No. 2 $ / %5.00 $�_46'00 $3600.00 $ 6 O�0 $ 6 DDD. pO OCT-26-2011 11:16 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 2 - SANITARY SEWER IMPROVEMENTS (CITY'S COST) I1-38. BID 211 LF Curb & Gutter Install: 00423 Per Item D-24 -;We/✓7^ /' Dollars and A/O Cents per LF $-=2 �'4 DO s. 9 II-39. BID 138 SF Walk -- Install; 00528 Per Item D-45 (Incl. Removal of Exist. Walk) ✓.-- Dollars and NQ Cents per SF $ 500 $ G 9D. do II-40. BID 1,510 Driveway — Install; 00404 SF Per Item D-25 (lncl. Removal of Exist. Concrete Driveway) �4 Dollars and Cents per SF II-41 BID 1,076 Asphalt Transition -Driveway — Install; 00401 SF Per Item DA-60 llk&i7- Dollars and Alf"0 Cents per SF $ 3, �1 D _ $ 00 17R Addendum No. 2 OCT-26-2011 11:16 TEAGUE NALL AND PERKINS airocol,r.�c, Sanitary Sewer Rehabilitation Con tract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 2 — SANITARY SEWER IMPROVEMENTS (CITY'S COST) II-42. BID 2,912 Gravel Transition -Driveway - Install; 00401 SF Per Item DA-66 I —el) Dollars and Alt9 Cents per SF $ c? - 6'0 II-43, BID 5 SY Pavement -Valley Gutter - Install; 00473 Per Item DA-31 (Incl. Removal of Exist. Valley Gutter) Dollars and 44) Cents per SY $6-5-0O II-44, BID 49 CY RipRap (Concrete) - Install, 00092 Per Item DA-40 (Intl. Removal of Exist. Concrete Riprap) 0/✓� liQ�O � RT —Dollars and _ /;/O Cents per CY $1y5"Oo $7/D,rOQ 11-45. BID 10 LF Replace Guardrail; Special - (Incl. Removal of Exist. Guardrail) Dollars and AIV Cents per LF $ ao Ss 70 Oo 1146. BID 881 SY Grass -Seeding - Install; 00135 Per Item D44 7�f.0 eE Dollars and /VO Cents per SY $ 3. 19 _'0 $07 �oY 00 18R Addendum No. 2 OCT726-2011 11:16 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 2 — SANITARY SEWER IMPROVEMENTS (CITY'S COST) 11-47, BID 615 SY Grass -Sod -install: 00137 Per Item D44 S/ k Dollars and /I% Cents per SY $ r'o- 00 1148, BID 5 CY Concrete -Class "B" (2500psi)-Miscellaneous 00837 - Install; Per Item D-20 171 f JJbG 01 i c, i y 1'6�1 ✓_Dollars and M0 Cents per CY 11-49. BID 5 CY Ccncrete-Class "E" (1500psi)-Miscellaneous 00839 ^ Install; Per Item D-20 $4� 90, 06 OrY�fUiYD,f?,��d TGGL�=/Vr�Do ors and /V(1 Cents per CY $ 00 $ boo; 6-00 i1-50, BID 5 CY Washed Rock-1/2" to 1.1/2 Miscellaneous 00840 Install; Per Item D-20 IR/R IV i!5 7 Cam Dollars and /i/,O Cents per CY $„if, 00 $ 11-51. BID 5 CY Subgrade-Crushed Limestone for Misc. 00493 Placement - Install; Per Item D-21 Ty sl, Dollars and A147 Cents per CY $ 36. O O $, /YO. 00 19R Addendum No. 2 OCT-26-2011 11:16 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 62, Part 2 SEWER PROJECT NO. P258-70170121987, P254-10170121987 UNIT 2 — SANITARY SEWER IMPROVEMENTS (CITY'S COST) 11-52. BID 245 SY Pavement Concrete •- Install; 00429 Per Item 0-24, Detail STR-031 II-53. BID 00458 II-54. BID 00443 II-55. BID 00430 II-58. BID 00202 la, it f'/ ✓E Dollars and ItlO Cents per SY 100 LF Pavement -Concrete on 2127 Concrete Base - Install; Per Item D-24, Detail STR-031 Q j�X 6-,D 72 -A/ Dollars and A10 Cents per LF 3,232 Pavement-2 Inch Min HMAC on 2/27 LF Concrete Base - Install; Per Item D-24, Detail STR-028 Dollars and Sri Cents per LF 500 SY Pavement-HMAC Replacement -Permanent, Beyond Trench Width - Install; Per Item D-24 $ 4(500 8173362813 H.22 $ //0.00 $14r;od• Dollars and Cents per SY $ .38.0 0 6,000 Inspection-Preconstruction Cleaning & TV LF Study; Per Item D-34 7LO Dollars and Al"O Cents per LF $ CZ • O O 20R Adderidum No. 2 $/9,00doo - OCT-26-201,1 11:16 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 2 — SANITARY SEWER IMPROVEMENTS (CITY'S COST) II-57. BID 5,160 Inspection-Postconst=Uon Cleaning & TV - 00201 LF Study; Per Item 0-37 0/1/6- Dollars and /✓O Cents per LF II-58. BID 12 EA Dehole-Exploratory Excavation - Study; 00542 Per Item D-50 /Y/ili �kjj✓,O ,R Dollars and /UD Cents per EA II-59. BID 35 LF Concrete -Encasement - Install; 00841 Per Item D-48, Detail SAN-020 ZL!/E_r! VFJ Dollars and A/0 Cents per LF II-60. BID 120 LF Fill Material -Cement Stabilized Backfill 01174 Install; iC_TccN Dollars and /1/0 Cents per LF 11-61. BID 4,918 Sewer -Cut & Plug Existing - 18" Diameter 00367 LF and Less, All Depths - Abandon; (Includes Fill w/Flowable Fill) Per Item D-28 _WE-L,,ve- Dollars and A 0 Cents per LF 21R Addendum No_ 2 8173362813 P.23 $ . O $ 5 /100, 00 $ 900. 00 s/D, Boa. 00 $ 1a. 0 0 $ 1fa 0.00 OCT-26-201,1 11: 16 TEAGUE NALL AND PERKINS Sanitary Sewer Rehabilitation Con tract 52, Part 2 SEWER PROJECT NO. P258-70170121987, P254-70170121987 UNIT 2 - SANITARY SEWER IMPROVEMENTS (CITY'S COST) II-62. BID 1,912 Sewer -Cut & Plug Existing -20" Dia. to 30' 00367 LF Dia. Sizes, All Depths -- Abandon; (Includes Fill w/Flowable Fill) Per Item 0-23 Y Dollars and All) Cents per LF $ a� 0. 00 $ 38'd moo II-63. BID 1 LS Traffic Control - Install; - 00181 Per Item 0-8, Details in Specification Book 777Da-"v 6 Y Dollars and �. /I/a—_Cents per LS $liM DD $� , D . DD UNIT 2 - SANITARY SEWER IMPROVEMENTS (CITY'S COST) TOTAL s1a fT B'8 3 . Q D TRANSFER TOTAL TO BID SUMMARY, PAGE 23 22R Addendum No. 2 UCT-26-2011 11:16 TEAGUE NALL AND PERKINS 8173362@13 P.25 BID SUMMARY Unit 1 - Sanitary Sewer Improvements (State Revolving fund Tier It Loan Funding) Unit 2 - Sanitary Sewer improvements (City's Cost) TOTAL. BID 23R Addendum No. 2 s OCT-26-2011 11 16 TEAGUE NALL AND PERKINS CITY APPROVED METHOD AND APPROVED PRODUCT FOR',"" AND 8173362813 P.26 *CONTRACTOR SHALL SELECT TYPE Of PIPE TO 6E USED Standard Spec No. Size �E1-31 4" through 36' V/E1-25 a' through 15" E1-27 4" through 15" E1-28 18' through 48" E100-2 18' through 48" Consult with "City of Fort Worth, Texas Standard Product List" to obtain the GenerictTrade Name and the Manufacturer for the pipes listed above. "Contractor to indicate Pipe Enlargement Method being used: ✓PIM Method Name of Subcontractor. T.R.S. System Name of Subcontractor McConnell Method Name of Subcontractor. Note: Only tee service connections will be allowed. Failure to provide the information required above may result in rejection of bid as non- responsive. Only products listed above will be allowed for use in this project. Any substitutions shall result in rejection of bid as non -responsive. 24R Addendum No. 2 TOTAL P.26 Within ten (10) days after notification by the City of Dort 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 fumished 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 terns of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction with ten (10) calendar days after issue of the work order and to complete the contract within 180 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. /l Receipt is acknowledged of the following addenda: ✓<ddendum No. 1: w le 4ddendum No. 2: y(, �{ ►Addendum No. 3: io jta Addendum No. 4: Addendum No. 5: Addendum No. 6: RespKiffilly s �iitted, By: S4e ren G. 00rrnc4-1 rl/ t /1C.- "7re5idenb Company: 1qrk COn�rac--h J Address: y,zo S. Dick Xe-nneclal� Date: 1 3 / / I SC r ✓ices,UC -Prl-ce- pd. %to D10 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. (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 pe rcent 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. [f The principal place of business of our company or our parent company or I majority owner is in the State of Texas. BIDDER: fgrk. r' rac h �e r V1 L�S� LAG 1 By: ,5S eyen Dorna►7 tl . -Dre s ice n I Company: Pd Con- rQc-A SeNiceS,LLC., Address: lmo S D14 7r/c'e V , Kenneclak, / >,/ 7�, D(,v Date: 1113111 THIS FORM MUST BE RETURNED WITH YOUR QUOTATION LIST OF DUCTILE IRON ADD OR SUBTRACT FOR THE FOLLOWING INCLUDING INSTALLATION OTY SIZE OF FITTING TYPE OF FITTING 4 8" 45' Bend 2 1 8" MJ Solid Sleeve FITTINGS DUCTILE IRON FITTINGS W1 NtK iUJAL FITTING WEIGHT COST (lb) (lb) 155 620 zJ0 130 ! I 260 ,� 7 TOTALS Total Weight= 880 Ibs or 1 I 880 $e-%g 0.44 Tons Contractor shall fill in blanks for "Wt per Fitting", "Total Weight' and "Cost" as a part of the bid. Contractor is responsible for correct quanity total of all fittings and specials. i 4 It� ll PRE -QUALIFIED SUB -CONTRACTOR LIST S03-CON fkAC i Ok Indicate Detail Company Name ll Address nit(s)/Section(s) Subcontracting Working Work Telephone/Fax Foundca-Hen 1)i I1tf1 3 I ll.001 -brert ar) Am,.5 Tf 111�� IefS g 17.1.7-5.'7 1113� 817. pr-j -btjqers -jar r icades S_ 35 /� I 3-, 05 E . Is+ 5�' l� 3 TfA f f IC, e Dn+Co l p+ 4jor4 h,T% 71em - 17. 5 -313-11617-P31- I 1 )1 5 K11 C-IG5 fRDo J bor i n -� P.o.$o,c z14557�p�� Lein sv 1 I I e, TN '75DZ 9 gao-�155�7z3�i Ig��.Z�+I�lgzS JZ — I C7 m W* .. 1, PART 5 GENERAL AND SPECIAL CONDITIONS • 5.1 PART C GENERAL CONDITIONS • 5.2 SUPPLEMENTARY CONDITIONS TO PART C • 5.3 PART D - SPECIAL CONDITIONS • 5.4 PART DA -ADDITIONAL SPECIAL CONDITIONS • 5.5 PART E SPECIFICATIONS • 5.7 WAGE RATES • 5.8 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATFS ow • 5.9 STANDARD DETAILS (WATER -SEWER) 0 5.10 STANDARD DETAILS (PAVING -DRAINAGE) Mok i oft i M oft As i 4M MW ARM PART C - GENERAL CONDITIONS TABLE OF CONTENTS MAY 5, 2011 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 Cl-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 C1-1 (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 Cl-1 (3) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (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 Cl-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 C3-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (1) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (3) C3-3.9 Failure to Execute Contract C3-3 (3) C-3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls C3-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) C3-3.15 Venue C3-3 (7) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Construction Schedule C4-4 (3) C4-4.7 Schedule Tiers Special Instructions C4-4 (6) 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) M i i i OM i OM A" 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) i PART C - GENERAL CONDITIONS C1-1 DEFINITIONS i SECTION Cl-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: i C 1-1.2 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 i 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 PART G - CONTRACT (Sample) White M 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: i PART A - NOTICE TO BIDDERS (Advertisement) same as above PART B -PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS i PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) i C1-1 (1) 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: r• 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) an C1-1 (2) C1-1.10 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 ow of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. C1-1.18 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) i 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. C 1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 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: 4M w i C1-1 (4) MM i i i ow .q AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second IAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic Materials % - Percentum AWWA - American Water Works R - Radius Association I.D. - Inside Diameter ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation Asph. - Asphalt F - Fahrenheit Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch CI - Cast Iron Ft. - Foot CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. - Maximum D.I. - Ductile Iron 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. MP 4. Concrete, with or without separate base material. 5. Any combination of the above. i C1-1 (5) i PM 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." i 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. r. i aft PM G�R EM t C1-1 (6) AM SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL M 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 prior to the hour for ovening 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 i an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old. _ In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such i 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 OUANTITIES: 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 avvroximate only and will be used for the purpose of i 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 i 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. i C2-2 (1) i OM d� 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 ill 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 form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled inand the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power on C2-2 (2) of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for — alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his i representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non - consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager �. prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2 (3) min 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 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 week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. .. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. i C2-2 (4) so i PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS oft SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and i 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. i 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 MR 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 i 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 i 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. M" 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) 004 _ 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 resnonsive 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 •4 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 p, 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) ," i MA i 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 561h Legislature, Regular Session, 1959, effective April 27, *f 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 ohs 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 i 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 No M C3-3 (3) suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until = authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11INSURANCE: 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 verformed 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. i 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. i 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 i C3-3 (5) performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, 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. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor .� shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment .. of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept.posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth -Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth - Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all i C3-3 (6) NM i 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 w 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. OWL i i MR am it i C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (7) PART C - GENERAL CONDITIONS C44 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. -- C44.2 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. ... C44.3 INCREASED OR DECREASED OUANTI TIES: 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) 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 Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. .. The compensation agreed upon for "Extra Work" whether or not initiated by a "Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a -� result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4.6 CONSTRUCTION SCHEDULE: Before commencing any work under this — contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated .. with the Contract. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems are indicated in the — Schedule Guidance Doucument. 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. 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. on 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) i 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 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. jM 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 i duration of each activity. d. The critical path shall be clearly shown on the construction schedule. ,., e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall be divided into general activities as indicated in the Schedule Guidance Document and each general activity shall be broken down into sub - activities in enough detail to achieve sub -activities of no greater than 20 days duration. The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein. For each general activity, the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activities that follow i 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 i C4-4 (4) MW 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 4. Submittal review periods 5. Shop fabrication and delivery 6. Erection and installation 7. Transmittal of manufacturer's operation and maintenance instructions S. Installed equipment and material testing i 9. Owner's operator instructions (if applicable) 10. Final inspection 11.Operational testing C4-4.6(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall prepare and submit monthly, no later than the last day of every month, to the OWNER for approval the updated schedule in accordance with C44.6 and C44.7 and the OWNER's Schedule Guidance Document inclusive. As the Work progresses, the .� CONTRACTOR shall enter into the schedule and record actual progress as described in the Schedule Guidance Document. i 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. C44 (5) MR C-4-4.6(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: If, in the opinion of the OWNER, work accomplished falls behind that scheduled, the CONTRACTOR shall take such action as necessary to improve his progress. In addition, the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the *' Work within the allotted Contract time. Failure of the CONTRACTOR to comply with these requirements shall be considered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with due diligence as will ensure completion within the time specified in the Contract. C4-4.7 SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents. The requirements for each Tier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents. TIER 3 COST LOADING SPECIAL INSTRUCTIONS: 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost -loaded with the total contract dollars associated with the respective ABS elements. TIER 4 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 3 requirements, and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER's standard items) shall be loaded into the scheduling software using the "NON - LABOR" resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars. It is intended that Earned Value will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 4 requirements, and additionally the following: • Labor resources (Man -Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and without cost. C4-4 (6) PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the Contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other — questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. The Engineer shall determine the amount and quality of the work completed and -- materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross -sections, finish, and dimensions shown on the plans or any other requirements 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 interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. .— C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas, and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the 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 i C5-5 (2) i i discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the ^ City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather proof, so that documents will not be damaged by the elements. C5-5.7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. i 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) M i i 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. MR 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. i 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. i 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) dap 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 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 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) FM 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: i E i C5-5 (6) "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short as possible. Thank You, Contractor .Address Phone b. EmerQencv: 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 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) EM i 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. M MW i iW Mi ow 4W i 4" MM MW C5-5 (8) oft PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBIIITY 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, 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 furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will 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) PM 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 may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by .. railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES. WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under r, C6-6(3) .. i 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- i 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 i 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. i 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 i 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 i �. C6-6(4) dha ow activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Conditions Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges, as the City may deem necessary for the prosecution of the work. Any additional rights -of -way or work area considered necessary by the Contractor shall be provided by him at his expense. Such additional rights -of -way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to, all tress, shrubbery, 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 defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of non -execution thereof on the part of the Contractor, he shall restore or �. have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise C6-6(5) i i Wft replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross -braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all ,i 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) MM Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage or loss, and/or personal injuries, including death, to any and all person of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence of officers, agents, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of y omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, ! final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing •-- satisfactory tot he Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall — recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the C6-6(7) PM 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 25`h 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 MW 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 00 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. i 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 i 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 i 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) 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 condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor at his expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, 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) .. ohm C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the OR 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. 4M C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, and organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said i exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable State Comptroller's rulings pertaining to the Texas Limited Sales, Excise, and Use Tau Act. On a contract awarded by a developer for the construction of a publicly -owner improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. 4M 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 i i i i C6-6(10) dho PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject tot he same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any states, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. a% M i 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) M 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) M M 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. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes, sm or delays of sub -contractors due to such causes. OR C7-7(3) PM i 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 w 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. w 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. w 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. 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 w. OM 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 ,f 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) �. r� 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 "F property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual {— cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the �— Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the - Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 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) i i 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) i 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) i 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 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 contract under C7-7.14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF d, 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. .r. i C7-7(11) 0-4 Oft PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF OUANTTTIES: 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, i 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 1" 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. i 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, firms, associations, corporations, or other organizations Im 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 i 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) P. 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 MIN 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) �— or ..k 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. MMI i i �Y MPI P" 010 oft i M C8-8(5) .. m PART D - SPECIAL CONDITIONS D-1 GENERAL............................................................................................................................3 D-2 COORDINATION MEETING................................................................................................5 D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ......................5 D- 4 COORDINATION WITH FORT WORTH WATER DEPARTMENT......................................7 D- 5 CROSSING OF EXISTING UTILITIES................................................................................7 D- 6 EXISTING UTILITIES AND IMPROVEMENTS....................................................................8 D- 7 CONSTRUCTION TRAFFIC OVER PIPELINES..................................................................8 �-- D- 8 TRAFFIC CONTROL...........................................................................................................9 D- 9 DETOURS........................................................................................................................10 D- 10 EXAMINATION OF SITE...............................................................................................10 D- 11 ZONING COMPLIANCE................................................................................................10 D- 12 WATER FOR CONSTRUCTION....................................................................................10 D- 13 WASTE MATERIAL.......................................................................................................10 D- 14 PROJECT CLEANUP AND FINAL ACCEPTANCE........................................................10 D-15 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES..............................11 D- 16 BID QUANTITIES..........................................................................................................11 D- 17 CUTTING OF CONCRETE............................................................................................11 D- 18 PROJECT DESIGNATION SIGN D- 19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT........................................12 D- 20 MISCELLANEOUS PLACEMENT OF MATERIAL..........................................................12 D- 21 .................................................................... CRUSHED LIMESTONE BACKFILL ..........12 D- 22 2:27 CONCRETE...........................................................................................................13 D- 23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION...........................................13 D- 24 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS..............14 D- 25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) ..................15 D- 26 SANITARY SEWER MANHOLES..................................................................................16 D- 27 SANITARY SEWER SERVICES....................................................................................19 D- 28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES..................20 D- 29 DETECTABLE WARNING TAPES.................................................................................23 D- 30 PIPE CLEANING...........................................................................................................23 D- 31 DISPOSAL OF SPOIUFILL MATERIAL.........................................................................23 D- 32 MECHANICS AND MATERIALMEN'S LIEN...................................................................23 D- 33 SUBSTITUTIONS..........................................................................................................23 D- 34 PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ..............24 D- 35 VACUUM TESTING OF SANITARY SEWER MANHOLES............................................27 D- 36 BYPASS PUMPING.......................................................................................................28 D- 37 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............28 D- 38 SAMPLES AND QUALITY CONTROL TESTING...........................................................30 D- 39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE).................................................................................31 D- 40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ..........................32 D- 41 PROTECTION OF TREES, PLANTS AND SOIL ...........................................................32 -.. D- 42 SITE RESTORATION....................................................................................................32 D- 43 CITY OF FORT WORTH STANDARD PRODUCT LIST ......................... D- 44 TOPSOIL, SODDING, SEEDING & HYDROMULCHING...............................................33 D- 45 CONFINED SPACE ENTRY PROGRAM.......................................................................38 D- 46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION..............................39 D- 47 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ........................39 D- 48 CONCRETE ENCASEMENT OF SEWER PIPE D- 49 CLAY DAM.....................................................................................................................40 0210912010 SC-1 PART D - SPECIAL CONDITIONS 00 D- 50 EXPLORATORY EXCAVATION (D-HOLE)...................................................................40 D- 51 INSTALLATION OF WATER FACILITIES......................................................................40 51.1 Polyvinyl Chloride (PVC) Water Pipe...........................................................................40 51.2 Blocking.......................................................................................................................41 51.3 Type of Casing Pipe.....................................................................................................41 51.4 Tie-Ins..........................................................................................................................41 51.5 Connection of Existing Mains.......................................................................................41 51.6 Valve Cut-Ins...............................................................................................................42 51.7 Water Services............................................................................................................42 51.8 2-Inch Temporary Service Line....................................................................................44 51.9 Purging and Sterilization of Water Lines......................................................................45 �- 51.10 Work Near Pressure Plane Boundaries.......................................................................45 51.11 Water Sample Station..................................................................................................46 51.12 Ductile Iron and Gray Iron Fittings................................................................................46 .. D- 52 SPRINKLING FOR DUST CONTROL............................................................................47 D- 53 DEWATERING..............................................................................................................47 D- 54 TRENCH EXCAVATION ON DEEP TRENCHES...........................................................47 D- 55 TREE PRUNING............................................................................................................47 D- 56 TREE REMOVAL...........................................................................................................48 D- 57 TEST HOLES................................................................................................................48 D- 58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION.........................................................................................................................49 D- 59 TRAFFIC BUTTONS......................................................................................................49 ' D- 60 SANITARY SEWER SERVICE CLEANOUTS................................................................50 D- 61 TEMPORARY PAVEMENT REPAIR..............................................................................50 D- 62 CONSTRUCTION STAKES...........................................................................................50 D- 63 EASEMENTS AND PERMITS........................................................................................50 D- 64 PRE -CONSTRUCTION NEIGHBORHOOD MEETING..................................................51 D- 65 WAGE RATES..............................................................................................................51 .� D- 66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE......................................53 D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN1 ACRE).............................................................................................................................53 D-68 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS......................................................................................................55 D-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD...................................................56 D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION.......................................................56 D-71 AIR POLLUTION WATCH DAYS.......................................................................................57 D-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS............................................57 0210912010 SC-2 PART D - SPECIAL CONDITIONS This Part D — Special Conditions is complimentary to Part C — General Conditions and Part C1 — Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C — General Conditions and part C1 — Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C — General Conditions and Part C1 — Supplementary Conditions of the Contract and this Part D, Part D shall control. .. FOR: SANITARY SEWER REHABILITATION CONTRACT 52, PART 2 FORT WORTH, TEXAS —. CITY PROJECT NO. 01219 WATER DEPARTMENT PROJECTS NO. P258-70170121987, P254-70170121987 — 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 i 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 i 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. i Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre - qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work. This contract and project, where applicable, may also be governed by the two following published specifications, except as modified by these Special Provisions: 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 02109 2010 SC-3 on i� PART D - SPECIAL CONDITIONS +� 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH U 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 within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. 02/09/2010 SC-4 PART D - SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes, weekly meetings at the job site may be required to maintain the project on the desired schedule. The contractor shall be present at all meetings. D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW �- A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the _ duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. _ 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 i providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the •- duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 0210912010 SC-5 PER PART Q - 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 govemmental 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. on H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide .. services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; " 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person — providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 02/09/2010 SC-6 PART Q - 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 0210912010 SC-7 PART D - SPECIAL CONDITIONS constructed of ductile iron pipe. The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps. Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work, 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 ham 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 .. an an F" It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe — under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new 02/09/2010 SC-8 .. PART D - SPECIAL CONDITIONS line and the existing lines from these possibly excessive loads. The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Anv damaae 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 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)392-87701 at or before the preconstruction conference. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued the Contractor. �+ The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 817-392-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above -referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The lump sum pay item for traffic control shall cover design and / or installation, and maintenance of the traffic control plan. dM 02/09/2010 SC-9 PART D - SPECIAL CONDITIONS D- 9 DETOURS The contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. D-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the — submission of the Proposal. D-11 ZONING COMPLIANCE .. During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. .. D-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. D-13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is •� considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: Sweeping the street clean of dirt or debris Storing excess material in appropriate and organized manner Keeping trash of any kind off of residents' property rM 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-10 .. PART D - SPECIAL CONDITIONS of -way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make ON 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 C4-4.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. 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 0210912010 SC-1 1 PART DI - 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. ON 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 Backfll, Construction Specifications, General Contract Documents. 0210912010 SC-12 so .. PART D - SPECIAL CONDITIONS ON 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 ON 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: Mb im no No 0210912010 SCA 3 PART D - SPECIAL CONDITIONS • Less than 10% passing the #200 sieve • P.I. = 10 or less Additionally, the crushed limestone Limestone for Embedment of the replaced with the following: Sieve Size 1" 112" 3/8" #4 #8 embedment gradation specified in Section E1-3 Crushed General Contract Documents and Specifications shall be % 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 (E219) FOR UTILITY CUTS .. .. rr 0" .. Mm ON 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-14 due 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 y" maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. an 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 so Health Administration Standards, 29 CFR Part 1926, Sub -Part P - Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. .. C. DEFINITIONS: 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. .. 2. BENCHING SYSTEM - Benching means excavating the sides of a trench to form one or a series of horizontal level or steps, usually with vertical or near -vertical surfaces between levels. 02/09/2010 SC-15 .. PART D - SPECIAL CONDITIONS aft 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 ,x 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 r. area regarded near the manhole. 0210912010 SC-16 am PART D - SPECIAL CONDITIONS am 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. i 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. M 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: 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. .. 0210912010 SC-17 PART D - SPECIAL CONDITIONS 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block materials other than pre -cast concrete rings, or where necessary and approved by the Engineer, shall be replaced with a pre -cast flattop section. Pre -cast concrete rings, or a pre -cast concrete flattop section will be the only adjustments allowed. In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing �. brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre- formed gasket material. Position the butt joint of each length of joint material on 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-1 8 u. me oft PART D - SPECIAL CONDITIONS The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to, excavation, backfill, disposal of materials, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole, including but not limited to, joint sealing, lift hole sealing, and exterior surface coating. Payment for concrete collars will be made per each. Payment for manhole inserts will be made per each. D- 27 SANITARY SEWER SERVICES Any reconnection, relocation, re-routes, replacement, or new sanitary sewer service shall be required as shown on the plans, and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured -.• tees. City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case -by -case basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with .. building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6.15. D. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications, all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line .. including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill, saddles, tees, fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line. If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing, whether on public or private property, the City shall provide line and grade for the sewer service lines as shown on the project plans. Prior to installing the applicable sewer main or lateral and the necessary service lines, the Contractor shall verify (by de -holing at the building clean -out) the elevations 0210912010 SC-19 PART D - SPECIAL CONDITIONS (shown on the plans) at the building clean -out and compare the data with the elevation at the proposed connection point on the sewer main, in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied. Elevations shall also be verified at all bend locations on the service re-route. All applicable sewer mains, laterals and affected service lines that are installed without pre -construction de -holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de -holing is conducted. All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied. If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans, the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied. Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for which no grade verification has been submitted. All re-routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense. The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings. The fitting shall be a urethane or neoprene coupling A.S.T.M. C-425 with series 300 stainless steel compression straps. The Contractor shall remove the existing clean -out and plug the abandoned sewer service line. The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property. Furthermore, the contractor shall utilize the services of a licensed plumber for all service line work on private property. Permit(s) must be obtained from the City of Fort Worth Development Department for all service line work on private property and all work related to the service line must be approved by a City of Fort Worth Plumbing Inspector. A copy of the plumbing permit shall be provided to the Engineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be provided to the Engineer upon completion of the sanitary sewer re- route. 1. Oft .. am .. on 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. 02/09/2010 SC-20 .. PART D - SPECIAL CONDITIONS A. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. 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 shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade. G. ABANDONMENT OF MANHOLES: Manholes to be abandoned in place shall have all pipes .. entering or exiting the structure plugged with lean concrete. Manhole top or cone section shall be removed to the top of the full barrel diameter section, or to point not less than 18 inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding service surface. Payment for work involved in backfilling, plugging of pipe(s) and all other appurtenances required, shall be included in the appropriate bid item - Abandon Existing Sewer Manhole. am 0210912010 SC-21 PART D - SPECIAL CONDITIONS on 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. om •1 am 0210912010 SC-22 PART D - SPECIAL CONDITIONS D- 29 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water and sanitary sewer pipe. The -. detectable tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall not be less than two inches with a minimum unit weight of 2% pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows: IyAe of Utilitv Color Code Leaends Water Safety Blue Caution! 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 "" 0210912010 S C-23 PART D - SPECIAL CONDITIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a _ material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub -section as related to "substitutions" shall be applicable to all sections of these specifications. D- 34 PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured -in -place pipe, fold and form pipe, slip -line, etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of 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. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high -velocity sewer line .. cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have a selection of two or more high -velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be .. cleaned. Equipment shall also include a high -velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment, which cannot be collapsed, is used, special precautions to prevent — flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. 2. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high - velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists, and the cleaning effort shall be abandoned. 02/09/2010 S C-24 oft PART D - SPECIAL CONDITIONS When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System, the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup, including the water usage bill. All expenses shall be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the .. downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted. 4. All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City. 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. " 6. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. B. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection videotapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy 0210912010 SC-25 PART D - SPECIAL CONDITIONS of the distance meter shall be checked by use of a walking meter, roll -a -tape, or other _ suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection. In addition, other points of significance such as locations of unusual conditions, roots, storm sewer connections, broken pipe, presence of scale and corrosion, and other discernible features will be recorded, and a �- copy of such records will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard -size photographs of the — television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations. oft 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 PM 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. P, 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-26 PART D - SPECIAL CONDITIONS evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a legal dump site. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the .. option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to TV Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D- 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 s 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 .. MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (10"Hg - 9"Hg) (SEC) Depth of MH. 48-Inch Dia. 60-Inch Dia. (FT ) Manhole Manhole 0 to 16' 40 sec. 52 sec. 18' 45 sec. 59 sec. 20' 50 sec. 65 sec. OJ09/2010 SC-27 PART D - SPECIAL CONDITIONS 22' 55 sec. 72 sec. 24' 59 sec. 78 sec. 26' 64 sec. 85 sec. 28' 69 sec. 91 sec. 30' 74 sec. 98 sec. For Each 5 sec. 6 sec. Additional 2' 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. on 5" 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 02/09/2010 SC-28 am PART D - SPECIAL CONDITIONS satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment .. will be made for an unsatisfactory inspection. C. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. .. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll -a -tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television ., inspection. Sanitary sewer mains must be laced with enough water to fill all low pints. The television inspection must be done immediately following the lacing of the main with no water flow. If sewer is active, flow must be restricted to provide a clear image of sewer being inspected. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans. A copy of these television logs will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard -size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape 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-29 PART D - SPECIAL CONDITIONS and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Enqineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be reauired 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 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. 02/09/201 o SC-30 OR an M am so so am PART D - SPECIAL CONDITIONS E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D- 39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled -hay retards, dikes, slope drains and other devices. 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-31 PART D - SPECIAL CONDITIONS 6. The Contractor shall take sufficient precautions to prevent pollution of streams. lakes and reservoirs with fuels, oils, bitumen, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. an C. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. D- 40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays. The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D- 41 PROTECTION OF TREES, PLANTS AND SOIL .• All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or = better than prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property �- including street Rights -of -Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 817-392-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the 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 1W The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus minus one -tenth (0.1) of a foot. 0210912010 SC-32 .M PART D - SPECIAL CONDITIONS D- 43 CITY OF FORT WORTH STANDARD PRODUCT LIST Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List, for the bid to be considered responsive. Products and processes listed in .. the "City of Fort Worth Standard Product List shall be considered to meet City of Fort Worth minimum technical requirements. D- 44 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community m. Services Department Specifications for Topsoil, Sodding and Seeding. 1. TOPSOIL DESCRIPTION: This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material, in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets .. which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways. .. 2. SODDING DESCRIPTION: Sodding will consist of furnishing and planting Bermuda, Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces, in median strips, on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for sodding are Prairie and 609. MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. Care shall be taken at all times to •retain native soil on the roots of the sod during the process .n 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 S C-33 .. PART D - SPECIAL CONDITIONS am 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 sm 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 SC-34 PART D - SPECIAL CONDITIONS .. a. General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of seed, and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germination: Common Name Purity Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM -SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Mixture for Clav or Tiaht Soils Mixture for Sandy 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 0 Table, 120.2.(2)b TEMPORARY COOL -SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) -z 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-35 Oft 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. 02/09/2010 SC-36 M .. PART D - SPECIAL CONDITIONS 04 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 ON 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. ,f 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER no DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis of 16-20- 0 or 16-5-8 or having the analysis shown on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists. In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration. Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS: When an item for fertilizer is included in the Drawings and proposal, pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry and in good physical condition. Fertilizer that is powdered to caked will be rejected. Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings, fertilizer shall be applied uniformly at the average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topsoils secured from borrow sources. .. Acceptable material for "Seeding" will be measured by the linear foot, complete in place. '� 0210912010 SC-37 Oft PART D - SPECIAL CONDITIONS Oft Acceptable material for "Sodding" will be measured by the linear foot, complete in place. sm 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 .. IIt 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-38 PART D - SPECIAL CONDITIONS D- 46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is .. substantially complete. 8. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 9. The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected. 10. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price. Contractor shall still be 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, tree trunks, and tree roots at each work site. All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 2. Any and all trees located within the equipment operating area at each work site shall, at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line or edge of the tree root system between tree and the construction area. 3. Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations. The Engineer shall be notified at .� least 24 hours prior to any tree trimming work. No trimming work will be permitted within private property without written permission of the Owner. an 4. Nothing shall be stared 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. w 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 an ensure utilization of the best agricultural practices and procedures. 02/09/2010 SC-39 N. 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. MM 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-40 oft 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 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 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 r� 0210912010 SC-41 PART D - SPECIAL CONDITIONS Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify the City Project Manager, Construction Services, Phone 817-392-8306, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph 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. r` 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. r. 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. ON 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-42 PART D - SPECIAL CONDITIONS All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop. Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop .. with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any ,.. vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the .. existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. • 2. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of .. the existing meter to location to the center line of the proposed meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line. When relocation of service meter and meter box is required, payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time. Locations with multiple service branches will be paid r. for as one service meter and meter box relocation. 0210912010 SC-43 PART D — SPECIAL CONDITIONS an 4. NEW SERVICE: When new services are required the contractor shall install tap saddle .. (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box. Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section E1-18A — Reinforced Plastic Water Meter Boxes. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. _ 1. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the contractor shall furnish approved factory manufactured branches. Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). an 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 location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. ,. an 0210912010 SC-44 so PART D - SPECIAL CONDITIONS _ The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. AM When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location. Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service w- connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible. At the pre -construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used. The inspector will deliver the hydrant meters to the locations. After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs. The issued meter is for this specific project and location only. Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. 51.9 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will provide all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project, including .. appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be .. measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de -chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project "` and all costs incurred will be considered to be included in the linear foot bid price of the pipe. 51.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 02/09/201 o SC-45 .. PART D - SPECIAL CONDITIONS .+ sm 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-46 r. we PART D - SPECIAL CONDITIONS D- 52 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this contract. D- 53 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the 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 Arborist Association's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE 3. Steel "T" = Bar stakes, 6 feet long. 4. Smooth Horse-Wre: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. 6. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. D. ROOT PRUNING 7. Survey and stake location of root pruning trenches as shown on drawings_ 8. Using the approved specified equipment, make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone. 0210912010 SC-47 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. OW 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. on F Tree Pruning shall be considered subsidiary to the project contract price. D- 56 TREE REMOVAL Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement, fences, walls, sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed. D- 57 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils, including the amount of .. rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determination by the use of test holes or other means, shall be left to the discretion of such prospective bidders. If test borings have been made and are provided for bidder's information, at the locations shown on the logs of borings in the appendix of this specification, it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same, either in character, location, or elevation, as shown on the boring logs. It shall be the responsibility of the bidder to make such subsurface investigations, as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected by the geology of the site. The cost of all rock removal and other associated appurtenances, if required, shall be included in the linear foot bid price of the pipe. 02/09/2010 SC-48 PART D - SPECIAL CONDITIONS D- 58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project, the contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead .. and shall include the following information: Name of Project, City Project No (CPN)., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre -construction notification' flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, the contractor shall prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows: The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption. The flyer shall be prepared on the contractor's letterhead and shall include the following information: Name of the project, City Project Number, the date of the interruption of service, the period the interruption will take place, the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number. A sample of the temporary water service interruption notification is attached. " A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector.. All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. 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. 02/09/2010 SC-49 PART D - SPECIAL CONDITIONS D- 60 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets, sidewalks, etc. whenever possible. When it is not possible, the cleanout stack and cap shall be cast iron. Payment for all work and materials necessary for the installation of the two-way service cleanout .. which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts. D- 61 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base. The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item. The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. D- 62 CONSTRUCTION STAKES The City, through its Surveyor or agent, will provide to the 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-50 PART D - SPECIAL CONDITIONS manholes. For locations where the City was unable to obtain the easement or right -of -entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for review by contacting the consultant who distributes the plans for the project. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph C6-6.10 of the General Contract Documents. The Contractors attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the = use of additional property required. No additional payment will be allowed for this item. The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for thoroughly reviewing, understanding and complying with all provisions of such permits, including obtaining the requisite insurance, and shall pay any and all costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way. For railroad permits, any and all railroad insurance costs and any other incidental costs necessary to meet the conditions associated with permit(s) compliance, including payment for flagmen, shall be included in the lump sum pay bid item for "Associated Costs for Construction within Railroad / Agency Right-of-way". No additional compensation shall be allowed on this pay item. in 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 pav Prevailina 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. 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. -' 0210912010 SC-51 .. PART D - SPECIAL CONDITIONS an 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 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. 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. om Postinq of Waoe Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. (Wage rates are attached at the end of this section.) (Attached) 0210912010 SC-52 PART D - SPECIAL CONDITIONS D- 66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP. Nothing in this specification shall be construed to void any provision of a contract me or other law, ordinance, regulation or policy whose requirements are more stringent. B. ACP is defined under NESHAP as a Category II, non -friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently, if the removal/ disposal process renders the ACP friable, it is regulated under the disposal requirements of 40 CFR 61.150. A NESHAP notification must be filed with the Texas ^ Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non - friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental Protection Agency - (EPA) defines friable as material, when dry, which may be crumbled, pulverized or reduced to powder by hand pressures. C. The Generator of the hazardous material is responsible for the identification and proper handling, transportation, and disposal of the material. Therefore, it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable. The Excavator is responsible to employ those means, methods, techniques and sequences to ensure this result. E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs, which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be 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 r. 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-53 PART D - SPECIAL CONDITIONS permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural .. controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOI): If the project will result in a total land disturbance equal to or greater than 5 acres, the contractor shall sign at the pre -construction meeting a TCEQ Notice of Intent (NOI) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for .. storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the required $100 application fee. The NOI shall be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 ^ NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared .. by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Copies of the project SWPPP's are available for viewing at the office of the Consultant disbursing the plans for the project. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. 02/09/2010 SC-54 .. Oft 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 Fork 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 R It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. The Contractor may obtain a hydrant water meter from the Water Department for use during the life of named project. ` In the event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project, the Contractor must coordinate this activity through the appropriate City representative. The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal 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. 02ros/2010 SC-55 PART D - SPECIAL CONDITIONS D-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre -qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of the essence in the completion of this contract. In order to insure that the contractor is .. responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the contractor by certified mail, return receipt requested aft demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure contract time. In the event the contractor receives provide to the City an updated schedule showing within the contract time. completion of the work within the such a letter, the contractor shall iow the project will be completed 2. The Project Manager and the Directors of Water Department, and. Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Water Department's Public Information Officer. 4. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Water Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 0210912010 SC-56 PART D - SPECIAL CONDITIONS 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. D-73 STATE REVOLVING FUND (SRF) REQUIREMENTS This project, in addition to standard City of Fort Worth requirements, may involve certain State requirements. These requirements, if applicable, are provided in the following documents and should .. be thoroughly reviewed and completed by the contractor. They include: TWDB Small, Minority, Women -Owned Business Enterprise Program Documentation 2. TWDB Supplemental Conditions Instructions to Bidders Construction Contract Supplemental Conditions 02/09/2010 SC-57 PART D - SPECIAL CONDITIONS ow 3. At the Time Contract of Contract Document Execution ED 103 — Contractors Act of Assurance ED 104 — Contractors Resolution .. Work required to conform to these requirements shall be considered subsidiary and no extra .R payment will be made. The SRF requirements are included in the Appendix. .. END OF PART D - SPECIAL CONDITIONS Oft Oft Oft A Oft Mft Oft 0210912010 SC-58 PART D - SPECIAL CONDITIONS M oft Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: (To be printed on Contractor's Letterhead) z, ,y. THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON WATER AND / OR SEWER LINES ON OR AROUND YOUR PROPERTY. -+ CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 0210912010 SC-59 PART D - SPECIAL CONDITIONS FORT WORTH DOE NO. xxxx Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR 02/09/201 o SC-60 .. PART D - SPECIAL CONDITIONS we nr am .r 0 MP F TEXAS DEPARTMENT OF HEALTH 4 r NOTE: CIRCLE ITEMS THAT ARE AMENDED t) Abatement Contractor Address :. . a Office Phone Number ( l e Site Supervtsor. U Site Supervisor: S Trained On -Site NESHAP Individual: a O Demolition Contractor. n Addraw: I y 2) Project Consultant or Operator. Mailing Addrm: City: State: T A 3) Facility Owner: H Attention: P Mailing Address; A City: State: Zip: Owner Phone Numberl "Note: The invoice for the notification fee will be sent to the owner of the building and the billing address for the invoice will be obtained from the information that is provided in this section. N E S H A P 4) Description or Facility Name: Physical Address: Facility Phone Numbed i Description of AraalRoom Number Prior Use: Age of BuiidinylFacility: Size: e DEMOLITION I RENOVATION r NOTIFICATION FORM T D Ti NOTIFICATION# TDH License Number. City: State: Zip: Job Site phone Number: TDH License Number. TDH License Number, Certification Date: Office Phone Numberl Cify: late: Zip: TDH Liana Number - zip: Office Phone Number: ( t county: City. Facility Contact Person: Future Use: Number of Floors: ,Zip: School (K - 12): L YES CI NO MR G 5) Typo of Work: U Demolition n Rttnovatlon (Abatement) 9 Annual Consolidated T Work will be during: 0 Day ❑ Evening ❑ Night - Phased Projed D Description of worts schedule: a• H 6) is this a Public Building? ❑ YES Ej NO Federal FaclllW D YES = NO Industrial Site? YES ONO Q NESHAP--Only Facility? la YES ❑ NO Is BuitdinglFacility Occupied? YES NO L 7) Naiifrcation Type CHECK ONLY ONE V I D Original (10 Working Days) Cancellation 0 Amendment ❑ Emergeneyi0rdered O = If this is an amendment, which amendment number is this? (Encloso copy of original and/or last amendment) i If an emergency, who did you talk with at TDH? Emwgencyg; ' a Date and Hour of Emergency (HHIM&VDDNY): d Dowiption of the sudden, unexpected event and explanation of how the event caused unsafe conditions or Would cause o equipment damage (computers, machinery, etc n .r ? u 6) Description of procedures to be foiiowed in the event that unexpected asbestos is found or previously non -friable Y asbestos material becomes crumbled. pulverized, or reduced to powder. E S 9) Was an Asbestos survey performed? © YES ❑ NO Date: l 1 TDH Inspector License No;. © Analytical Method: ❑ PLM ❑ TEM la Assumed TDH Laboratory License No: N (For TAHPA (public budding) projects: an assumption must be made by a TDH Licensed Inspector) 10) Description of pianned demolition or renovation work, type of material, and methods) to be used; t 1) Description of work practices and engineering controls to be usod to provent emissions of asbestos at the demolitlonhenovalion: r 02/09/2010 SC-61 .r PART D - SPECIAL CONDITIONS 12) ALL applicable items in the fallowing table must be completed; IF NO ASBESTOS PRESENT CHECK HERE Approximate amount of Check unit of measurement Asbestos -Containing Building Material Asbestos Type RACM to be removed RACM NOT removed Interior Catewty 1 non -friable removed Exterior Cateqory I non -friable removed Catecory I non -friable NOT removed Interior Category 11 non -friable removed ExteMr Category II non -friable removed Categary 11 non -friable NOT removed RACM OH -Facility Component 13) Waste Transporter Name: Address: Contart Berson; 14) Waste Disposal Sle Name. City: Pipes Surface Area Ln Ln SO SO Ft M Ft M w TDH License Number, State: Zip, Phone Number: j 1 Address: City: State: Zip: Telephone: L _,l TNRCC Permit Number 15) For structurally unsound facilities, attach a copy of demotition order and identify Governmental Official below; Name: Registration No: Title: Date of order (MMlDDIYY) I I Date order to begin (MMADDIYY) I I 16) Scheduled Danes of Asbestos Abatement (MMIDWYY) Start I I Complete: I I 17) Scheduled Dates DemolitlonlRenavation (M&VDDNY) Start: J I Complete: I t " Note: N the start date ion this nofiAaation can not bo awt. the TDH Regional or Local Program office Mast be contacted by phone prior to the start date, Failure to do so is a violation in Accordance to TAHPA. Soctlon 29&51. 1 hereby certify that all information I have prodded is correct, complete, and trus to the best of my knowiedge. I acknowledge that I am responsible for all aspects of the notification form, including, but not limiting, content and submission dates. The maximum penalty is $10,000 per day per violation. (Signature of Building Owned Operator or Delegated ConsulianQConvacfor) MML TO: 'Faxes are not accepted` ( l (Printed Name) Pate) (Telephone) ax Number) ASBESTOS NOTIFICATION SECTION TOXIC SUBSTANCES CONTROL DIVISION TEXAS DEPARTMENT OF HEALTH PO BOX 143538 AUSTIN, TX 78714353E PM: 512-834-6800,1.800-572-5548 .. .m 0-0 r.. r.. 0M `Faxes are not i2c capted• a• Form APBtf5, dater/ GMMI . Replaces TDH form dated 07112V I- For assistance in comMeYng Itor m call 1-800.572-5i48 am ire 02/09/2010 SC-62 PART D - SPECIAL CONDITIONS 02/09/2010 SC-63 T D - SPECIAL CONDITIONS City of Fart Worth Iaghway (ttewykConstril0ott ftivailin Rapes For 2006 Hourly Rates lClassifieations Air Tool Operator $1 .CS craper Operator Asphalt Raker $13.68 tervicer (Asphalt Shoveler $8,80 Slip Form Machine Operator Asphalt Distributor Cperator $13.99 IS-preader Box Ooerator Asphalt Payying Machine Operator $12.78 ITractor operator, Crawler Type HatchingPlant w her $14.1.5 ��fractoroperator, Pneumatic Broom or SweeAerato per r $9,88 I Traveljna &fixer Operator (Bulldozer Operator $13.22 Truck Driver- Single Axle (Lsghty ICaroenter(R '� $t2.80 ITruckDriver- Sint�keAxle{ ea IConcrete Fin er�aving $12.85 Truck Driver- Tandem Axle Se� railer IConcrete Finisher -Structures $1317 Track Driver- Lowbox;Float (Concrete Paving Curbing Mach. Ober. $12-00 Truck Driver- Transit Mix Wagon Drill, Boring Machine. Post Hole Concrete Paving Finishing Mach_ Oper. $13Z3 Driller IConcrete Paving Joint Sealer Oper. $12.50 I'Nelder IConcrete Paving Saw Oper. $11N (Work Zone Barricade Servicer I Concrete Paving Spreader Oper. 514.E+0 IConcrete Rubber $10.61 Crane, Clamshell, Backhoe, Derrick, Dragtine, Shovel $14.12 Electrician $ ta.12 rugger $8.43 (Form Builder- Structures $11.83 Form Setter- Paving $ Curbs $11.83 Foundaton Drill Operator, Crawler Mounted $13.67 Foundatw Drill Operator, Tn-ck Mounted $18.30 Front End Loader $12.e2 Laborer- Common $9.18 Laborer- Utlity $10.85 Mechanic $16.97 %filling Machine Cperator, Fine Grade $11.83 %fixer Operator $1118 Valor Grader Operator SFine Grade) $15.20 kfator Grader Operator, Rough Oiler $14,50 Painter, Structures $ t3. t7 IPavement Marking Machine Oper. $V3.C4 I Pipe Layer $11.C4 oiler, Steel'Wheel Plant- hfur Pavements �RoRer, $11.28 Steel'JVheel Cther Flatwheel or Tamping $10.92 IRailer. Pneumatic, Self -Propelled Scraper $11,07 Reinforcing Steel Seter j'Pavinp) $14,88 Reinforcing Steel Better (Structure) $18.22 Source is AGC of Texas (Hwy. Hvy, Utilities Industrial Brmch) www.aocess.gpogovidavisbaconf ozo9/2010 SC-64 H Rts 511.42 512.32 $12.33 510.92 $12.00 $12.91 $1? 03 $10.91 $11.47 $11.75 514.93 $12.08 S14.OD $13.57 $10.09 L1 am ant •+ ar Oft am am am oft am a. m an ON L1 ON PART DA - ADDITIONAL SPECIAL CONDITIONS DA-3 PIPE ENLARGEMENT SYSTEM...................................................................................2 DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT.......................................................10 DA-7 TYPE OF CASING PIPE ........................................................ ........13 DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION...................14 DA-14 INTERIOR MANHOLE COATING - SPRAY WALL SYSTEM......................................16 DA-15 INTERIOR MANHOLE COATING - RAVEN LINING SYSTEM....................................19 DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES.....................22 DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER., ....... ............... -- .............. 23 DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS....................................................2.3 DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE.............................................23 DA-27 GRADED CRUSHED STONES....................................................................................24 DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIXI.....................................................24 DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER............................................25 DA-40 CONCRETE RIPRAP...................................................................................................25 DA-46 REPLACEMENT OF 4" CONCRETE SIDEWALKS.....................................................26 DA-47 PAVEMENT REPAIR IN PARKING AREA...................................................................26 DA-48 EASEMENTS AND PERMITS...............................,......................................................26 DA-50 CONCRETE ENCASEMENT... ........................... ............... ... -- ........... ............... -...27 DA-51 CONNECTION TO EXISTING STRUCTURES.............................................................27 DA-55 CURB ON CONCRETE PAVEMENT...........................................................................27 DA-60 ASPHALT DRIVEWAY REPAIR ...................................... ................28 DA-65 CRUSHED LIMESTONE (FLEX-BASEI..................................... ........................28 DA-71 H.M.A.C. TESTING PROCEDURES ............................. DA-72 SPECIFICATION REFERENCES...... ............... ....... ........... ........... ........... .......... 28 DA-84 TRENCH BACKFILL (UTIL. CUTE...............................................................................29 DA-108 FLOWABLE FILL (MISC. EXT.)... .................. ............ -- ........... ........................... -..29 10123108 ASC-1 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-3 PIPE ENLARGEMENT SYSTEM A. GENERAL: .. 1. Description: This specification includes requirements to rehabilitate existing sanitary sewers by the pipe enlargement system, herein called Pipe Bursting or Pipe Crushing (Pipe Bursting/Crushing). This system includes splitting or bursting -- the existing pipe to install a new polyethylene pipe and reconnect existing sewer service connections. am 2. Methods: This section specifies the approved system method or process to include all labor, materials, tools, equipment and incidentals necessary to provide for the complete rehabilitation of deteriorated gravity sewer lines by the Pipe am Bursting/Crushing systems. Approved methods include: the PIM Corporation (PIM System), Piscata Way, New Jersey; McLat Construction (McConnell System for Pipe Crushing), Houston, Texas; and Trenchless Replacement Systems, (TRS System), Calgary, Canada. Refer to Part D - SPECIAL CONDITIONS D-34 SIBSTITUTIONS for information regarding pre -approval procedures for alternative processes. 3. Definition: The Pipe Bursting/Crushing system is defined as the reconstruction of gravity sewer pipe by installing an approved pipe material, by means of one of the pre -approved methods set forth in Section A.2 of this specification. The process involves the use of a static, hydraulic or pneumatic hammer "moling" device, suitably sized to break out the old pipe or using modified boring "knife" with a flared plug that implodes and crushes the existing sewer pipe. Forward progress ,. of the "mole" or the "knife" may be aided by the use of hydraulic equipment or other apparatus, as specified in the approved methods. The replacement pipe is either pulled or pushed into the bore. The method allows for replacement of pipe sizes from 8" through 21" and/or upsizing in varying increments up to 21". This specification is based on the precedent that the Pipe Bursting/Crushing system used has been pre -approved by the Fort Worth Water Department. 4. Quality Assurance: The Contractor shall be certified by the particular Pipe Bursting/Crushing system ^ manufacturer that such firm is a licensed installer of their system. No other Pipe Bursting/Crushing system other than those listed in Section A.2. of these specifications is acceptable. a. Personnel directly involved with installing the new pipe shall receive training in the proper methods for joint fusing, handling, and installing the .. polyethylene pipe. Training shall be performed by a qualified representative as determined by the pipe manufacturer. b. Personnel directly involved with installing the new pipe shall receive training in the proper methods for joint fusing, handling, and installing the polyethylene pipe. Training shall be performed by a qualified representative as determined by the pipe manufacturer. 10123108 isSC-2 .. Wq PART DA - ADDITIONAL SPECIAL CONDITIONS 5. Submittals: Submit for review and acceptance, the following Contractor's Work Plan and Drawings to the City: a. Shop drawings, catalog data, and manufacturer's technical data showing complete information on material composition, physical properties, and dimensions of new pipe and fittings. Include manufacturer's recommendation for handling, storage, and repair of pipe and fittings if damaged. b. Location and number of insertion or access pits shall be planned by Contractor and submitted in writing prior to excavation for approval by the City. -m C. Method of construction and restoration of existing sewer service connections. This shall include: an 1) Detail drawings and written description of the entire construction procedure to install pipe, bypass sewage flow and reconnection of sewer service connections. 2) Working drawings for information only showing sewage flow bypass, and maintenance of traffic. Contractor shall provide for continuous sewerage flow. Dewatering shall be the Contractor's responsibility. 3) Certification of workmen training for installing pipe. 4) Television inspection reports and video tapes made after new pipe installation. 6. Delivery, Storage, and Handling: a. Transport, handle, and store pipe and fittings as recommended by manufacturer. b. If new pipe and fittings become damaged before or during installation, it shall be repaired as recommended by the manufacturer or replaced as required by the Project Manager at the Contractor's expense, before proceeding further. C. Deliver, store and handle other materials as required to prevent damage. B. MATERIALS: 1. Polyethylene Piping Material: The pipe and fitting material shall be high density, �. extra molecular weight (EHMW) polyethylene pipe material conforming to ASTM D1248, Type III, Class C, Category 5, Grade P34, and have a PPI (Plastic Pipe Institute) recommended designation of PE3408 and cell classification 345434C per •• ASTM D3350. The molecular weight category shall be extra high (250,000 to 10123108 ASC-3 PART DA - ADDITIONAL SPECIAL CONDITIONS am 1,500,000) as per the Gel Permeation Chromatography determination procedure with a typical value of 330,000. .. a. The interior of the pipe shall be a light reflective color to facilitate closed circuit television inspection. b. The pipe material shall be listed by the Plastic Pipe Institute (PPI) in PPI TR-4. The pipe material shall have as hydrostatic design basis of 1600 psi at 73 F and 800 psi at 140 F. c. The manufacturer's certification shall state that the pipe was manufactured from one specific resin and shall state the resin used and its source. All pipe shall be made of virgin material. No rework, except that obtained from the manufacturer's own production of the same formulation, shall be used. d. Pipe supplied under this specification shall have a nominal Ductile Iron Pipe Size inside diameter. The Standard Dimension Ratio (SDR) and minimum pressure ratinq of the pipe shall be SDR 17 - 100 psi. Pipe with a .. lower SDR ratio and higher pressure rating may be used in lieu of the minimum specified. 2. Tests: The Contractor shall be required to send submittals to the City of Fort Worth on the production material. a. The pipe manufacturer shall provide certification that samples of the production product meets these specifications. The certification will state that production product has been tested in accordance with ASTM D2837, lift and validated in accordance with the latest revision of PPI TR-3. b. The pipe manufacturer shall provide certification that stress regression testing has been performed on the specific product. Certification shall 0-0 include a stress life curve per ASTM D2837 and testing shall have been performed in accordance with ASTM D2837. C. Rejection: Polyethylene plastic pipe and fittings may be rejected for failure to meet any of the requirements of this specification. C. SEWER SERVICE CONNECTIONS: 1. Sewer Service Connections: Sewer service connections shall be connected to the new pipe by mechanical or fusion methods. Once the saddle is secured, a hole shall be drilled in the pipe the full inside diameter of saddle outlet. 2. Pipe Saddles: Mechanical saddles shall be made of polyethylene pipe compound that meets the requirements of ASTM D1248, Class C, have stainless steel straps and fasteners, neoprene gasket and backup plate. Mechanical saddles shall be Strap -on -Saddle Type as manufactured by Driscopipe or Tapping Saddle 0M manufactured by DuPont, or approved equal. Fusion saddles shall be electrofusion branch saddles as manufactured by Central Plastics Company, or approved equal. on 10123108 ASC-4 .. an No PART DA - ADDITIONAL SPECIAL CONDITIONS do 3. Connection to Existing Service: Connections to the existing sewer service connections pipe shall be made using flexible couplings. All flexible couplings shall conform to ASTM C425 and shall be as manufactured by Femco Joint Sealer Co., DFW Plastics, Inc. or approved equal. Backfill at service connections shall be cement stabilized sand (2 sacks per cubic yard) to a point 12 inches above the service lateral to trench intersection and shall be in accordance with these specifications. The Contractor shall, upon request, permit the Engineer to take elevations on both .. the existing and new portions of the service connection pole to determine final grade and invert elevations. Elevation changes greater than 0.10 feet from the house lateral piping and shall be reconnected as directed by the Engineer. 4. Service Interruptions: Service interruptions to homes shall not exceed 18 hours, D. PREPARATION: 1. Bypassing Sewage: a. The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated. 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. b. The Contractor shall be responsible for continuity of sanitary sewer service to each facility connected to the section of sewer during the execution of the work. If sewage backup occurs and enters buildings, the Contractor shall be '~ responsible for clean-up, repair, property damage costs and claims. 2. Line Obstructions: If pre -installation (TV) inspection reveals an obstruction in the existing sewer (heavy solids, dropped joints, protruding service taps or collapsed pipe) which will prevent completion of the pipe bursting/crushing process, and cannot be removed by conventional sewer cleaning equipment, then an obstruction removal shall be made by the Contractor, with the approval of the Engineer. 3. Sags in Sewer Line: ALL SAGS AND GRADE PROBLEMS IN EXISTING SEWER LINES SHALL BE CORRECTED AS PART OF THIS CONTRACT. If the pre - construction television inspection reveals a sag in the sewer line, the Contractor shall be responsible for bringing the proposed sewer pipe to an acceptable grade without a sag. A sag is defined as any sewer line segment more than 3 feet in length which ponds water in the absence of sewage flow. The contractor shall take the necessary measures to eliminate the sag by the method of: pipe replacement, digging a sag elimination pit and bringing the bottom of the pipe 10123108 ASC-5 PART DA - ADDITIONAL SPECIAL CONDITIONS am trench to a uniform grade in line with the existing pipe invert or by other measures that shall be acceptable to the Engineer and the City. a. Identification of Sags: Sags shall be identified by television inspection in the absence of sewage flow. If available, the Contractor shall be furnished - television tapes from the City identifying the sag location. Flow shall be blocked at an upstream manhole and diverted to another sewer line or downstream manhole below the segment of pipe to be inspected. TV inspection shall be performed in accordance with television inspection of sanitary sewer lines. Video tapes shall be submitted to the City for review. .. b. Correction of Sags: Sags shall be corrected by open cut and by adding additional bedding material to bring the sag back to grade where access is available. For pipe enlargement methods, all sags identified on the pre - construction video tapes shall be corrected prior to commencing with pipe enlargement. In instances where sags are located under existing structures, the existing sewer line may be relocated using open cut or boring methods. The City shall specifically review potential relocation's and evaluate the constructability, economics and engineering feasibility prior to construction work. C. Measurement and Payment: Measurement and payment to correct sags -- shall be per linear foot of pipe construction to correct the sag. For pipe bursting methods, open -cut or bore construction, the applicable bid prices in the proposal section shall apply. .. 4. Television Inspection: Inspection of the pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by closed circuit color television. Television inspection shall be in accordance with the specifications contained herewith for "Pre- and Post - Construction Television Inspection of Sanitary Sewer Lines", Part D - Special Conditions D-35 and D-38, respectively. E. PIPE ENLARGEMENT SYSTEM AND PIPE INSTALLATION: sm Site Organization: a. Insertion or access pits shall be located such that their total number shall •• be minimized and the length of replacement pipe installed in a single pull shall be maximized. b. Existing manholes shall be utilized wherever practical. Manhole inverts and bottoms may be removed to permit access for installation equipment. C. Equipment used to perform the work shall be located away from buildings so as not to create a noise impact. Provide silencers or other devises to reduce machine noise as needed to meet requirements. 10123108 ASC-6 PART DA - ADDITIONAL SPECIAL CONDITIONS d. The actual pipe enlargement procedure shall commence prior to 11:00 AM in order to afford the contractor ample time to complete all related work within the allotted workday, which is defined as the hours between 7:00 AM and 6:00 PM, so as not to impose on the peace and comfort of persons in •— the immediate vicinity. No actual pipebursting work shall be started after 11:00 AM; all actual pipebursting activity shall cease at 6:00 PM. Other activities other than the actual pipebursting may continue after 6:00 PM. 2. Finished Pipe: The installed replacement pipe shall be continuous over the entire length of each pipe segment from manhole to manhole and shall be free from visual defects such as foreign inclusions, concentrated ridges, discoloration, pitting, varying wall thickness, pipe separation, other deformities. Replacement pipe with gashes, nicks, abrasions, or any such physical damage which may have occurred during storage and/or handling, which are larger/deeper than 10% of the wall thickness shall not be used and shall be removed from the construction site. The replacement pipe passing through or terminating in a manhole shall be carefully cut out in a shape and manner approved by the Engineer. The invert and benches shall be streamlined and improved for smooth flow. The installed pipe shall meet the leakage requirements of the pressure test specified later. — 3. Pipe Jointing: a. Sections of polyethylene replacement pipe shall be assembled and joined on the job site above the ground. Jointing shall be accomplished by the heating and butt -fusion system in strict conformance with the manufacturer's printed instructions. b. The butt -fusion system for pipe jointing shall be carried out in the field by operators with prior experience in fusing polyethylene pipe with similar equipment using proper jigs and tools per standard procedures outlined by the pipe manufacturer. These joints shall have a smooth, uniform, double rolled back bead made while applying the proper melt, pressure, and alignment. It shall be the sole responsibility of the Contractor to provide an acceptable butt -fusion joint. All joints shall be made available for inspection by the Engineer before insertion. The replacement pipe shall be joined on the site in appropriate working lengths near the insertion pit. The ^• maximum length of continuous replacement pipe which shall be assembled above ground and pulled on the job site at any one time shall be 600 linear feet. C. For situations where the replacement pipe is not pulled all the way to the manhole or if it is impossible to pull the missle all the way through, the following shall apply: At the direction of the Engineer, a 12°-18" full circle steel clamp shall be utilized to connect segments of the HDPE pipe. 4. New Pipe Installation: a. Thread winch cable or chain and associated lines through sewer section to be rehabilitated. Keep lines away from pedestrian and vehicular traffic. 10123108 ASC-7 PW J 0/23/08 PART DA - ADDITIONAL SPECIAL CONDITIONS 0- b. Existing manholes may be used for launch and receiving access. Remove manhole invert and bottom as required. Pull winch chain through sewer section and attach to cutter and machine head. Lower into launching manhole, apply winch tension pulling the cutter and head into the sewer until the rear of the machine is flush with the manhole wall. Attach steel starter pipe and advance assembly until the rear of the steel starter pipe is flush with the manhole wall. Lower hydraulic jack into the manhole and align. Insert new pipe by simultaneous operation of the jack and winching ►- the cutter and head forward. 5. Anchoring New Pipe and Sealing Manholes: a. After the new pipe has been installed in the entire length of the sewer section, anchor the pipe at manholes. The new pipe shall protrude in the manholes for enough distance to allow sealing and trimming, b. Sealing the new pipe at manholes shall not begin for a minimum of ten (10) hours after installation. Provide a flexible gasket connector in the manhole wall at the end of the new pipe, centered in the existing manhole wall. Grout flexible connector in the manhole, filling all voids the full thickness of the manhole wall. C. Restore manhole bottom and invert. .. 6. Field Testing: a. Low Pressure Air Test of Replacement Pipe: After a manhole -to -manhole section of sanitary sewer main has been pipe burstfcrushed and prior to any service lines being connected to the replacement pipe, the pipe shall be plugged at each manhole with pneumatic plugs. The design of the plugs shall be such that they will hold against the test pressure without � requiring external blocking or bracing. One of the plugs shall have three air hose connections; one for the inflation of the plug, one for reading the air pressure in the sealed line, and one for introducing air into the sealed line. Low pressure air shall then be introduced into the sealed line until the internal air pressure reaches 4.0 psig greater than the average back pressure resulting from any ground water that may be over the pipe. At least two minutes shall elapse to allow the pressure to stabilize. The time required for the internal pressure to decrease from 3.5 to 2.5 psig greater than the average back pressure resulting from any ground water that may •- be over the pipe, shall not be less than the time shown for a given pipe diameter in the following table: Carrier Pipe Minimum Elapsed Diameter (inches) Time (minutes) 8 4 10 5 ASC-8 PART DA - ADDITIONAL SPECIAL CONDITIONS 12 I 6 15 7 b. Post -Construction Television Inspection of New Pipe: Refer to Special Condition for Post -Construction Television Inspection of Sanitary Sewer. F. MEASUREMENT AND PAYMENT: 1. Pipe Installation: Pipe installation will be measured for payment by the linear foot of pipe actually installed in the various diameters of sewers measured along the centerline of the sewer from centerline to centerline of manholes. Payment will be made for the quantities measured at the unit price per linear foot for the various sewer diameters listed. 2. Service Reconnections: Installation of sewer service connections will be measured for payment by each actually reconnected to the installed pipe. Payment will be made for the quantities measured at the unit price per each listed. Payment shall include required excavation and backfill, saddles, flexible connections, and all other incidentals necessary to successfully reconnect sewer service lines to the rehabilitated sewer. Payment shall not include pavement replacement, which if required, shall be paid separately. 3. Sewer Cleaning by Bucket Machine: Heavy cleaning requiring more than hydraulic jet cleaning shall be performed by bucket machines. The payment for such cleaning shall be included in the bid item for Pre -Construction Television Inspection of Sanitary Sewer Lines. 4. By-pass Pumping: The Contractor shall provide diversion for the flow of sewage around the section or sections of pipe designated for rehabilitation. The pumps and by-pass lines shall be of adequate capacity and size to handle all flows. All costs for by-pass pumping required during installation of the pipe shall be subsidiary to pipe enlargement. 5. Subsidiary Work: Any damage to utilities and property, resulting repairs, temporary service costs, etc. shall be borne by Contractor. Repair and/or replacement of fences, sprinkler system piping and other such restoration work resulting from Contractor activities shall be considered subsidiary to the cost of the project and no additional payment will be allowed. 6. Testing: All cost for testing the replacement pipe by a pressure method will be incidental to pipe installation. 10/23/08 ASC-9 I A PART DA - ADDITIONAL SPECIAL CONDITIONS DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT A. C. 10/23/08 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 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. 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. 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 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: ASC-10 PART DA - ADDITIONAL SPECIAL CONDITIONS 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. 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. 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. 10123108 ASC-11 .. PART DA - ADDITIONAL SPECIAL CONDITIONS C. The Contractor shall prevent aver -belling the pipe while installing it through the casing. A method of restricting the movement between the assembled ow 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 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 am 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 railroadihighway 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. 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 10123108 ASC-12 .. PART DA - ADDITIONAL SPECIAL CONDITIONS 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. we 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. 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: 4W 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-13 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION om A. GENERAL: 1. Scope: This section governs all work, materials and testing required for the .. application of interior protective coating. Structures designated to received interior coating are listed on the construction drawings. The structures are to be coated, including interior wall, top and bench surfaces. Protective coating for corrosion protection shall meet the requirements of this Specification (and items DA-14 and DA-15) and the Manufacturers recommendations and specifications. 2. Description: The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of protective coating of structures in accordance with manufacturer's recommendations. 3. Manufacturer's Recommendations: Materials and procedures utilized for the lining process shall be in strict accordance with manufacturer's recommendations. -m 4. Corrosion Protection: Corrosion protection may be required on all structures where high turbulence or high H2S content is expected. ,. B. MATERIALS: /\ Scope: This section governs the materials required for completion of protective coating of designated structures. .. 2. Protective Coating: The protective coating shall be a proprietary two component, 100 percent solids, rigid polyurethane system designated as Spray Wall as manufactured by Sprayroq, Inc. or a two-part epoxy resin system using 100% solids based epoxy binder with fibrous and flake fillers, is manufactured by Raven Lining systems and designated as Raven 405. 3. Specialty Cement (if required for leveling or filling): The specialty cement -based coating material shall be either Quadex QM-1 s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. 4. Material Identification: The protective coating material sprayed onto the surface of the structure shall be a urethane or epoxy resin system formulated for the application to a sanitary sewer environment. The spray system shall exhibit the — minimum physical properties as follows: Property Standard Long Tenor Value Tensile Strength ASTM D-638 5,000 psi Flexural Stress ASTM D-790 10,000 psi Flexural Modulus ASTM D-790 550,000 psi 5. Mixing and Handling: Mixing and Handling of specialty cement material and protective coating material, which may be toxic under certain conditions shall be in 10123108 ASC-14 PART DA - ADDITIONAL SPECIAL CONDITIONS accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and are not available to unauthorized personnel or animals. All •• equipment shall be subject to the approval of the Engineer. Only personnel thoroughly familiar with the handling of the coating material shall perform the spray coating operations and coating installations. C. EXECUTION: „„ 1. General: Protective coating shall not be installed until the structure is complete and in place. 2. Preliminary Repairs: a. All foreign materials shall be removed from the interior of the structure using high pressure water spray (3500 psi to 4000 psi at spray tip). b. All unsealed lifting holes, unsealed step holes, and voids larger than approximately one-half (1/2) inch in thickness shall be filled with patching .. compound as recommended by the material supplier for this application. C. After all repairs have been completed, remove all loose material. 3. Protective Coating: a. The protective coating shall be applied to the structure from the bottom of the frame to the bench, down to the top of the trough. The top of the structure shall also be coated. b. The protective coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. 1) The surface shall be thoroughly cleaned of all foreign materials and matter. r• 2) Place covers over the invert to prevent extraneous material from entering the sewers. .. 3) If required for filling or leveling, apply specialty cement product to provide a smooth surface for the coasting material. ,! 4) Spray the urethane or epoxy onto the structure wall and bench/trough to a minimum uniform thickness of 125 mils (0.125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. After the walls are coated, the wooden bench covers shall be removed. 10/23/08 ASC-15 PART DA - ADDITIONAL SPECIAL CONDITIONS am 5) The final application shall have a minimum of three (3) hours cure aft time or be set hard to the touch, before being subjected to active flow. 6) No applications shall be made to frozen surfaces or if freezing is .. expected to occur inside the structure within 24 hours after application. 4. Testing of Rehabilitated Manholes: Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with the Section D-36 - VACUUM TESTING OF SANITARY SEWER MANHOLES, D. MEASUREMENT AND PAYMENT: Payment shall be based on the Contract Unit Price Bid per vertical foot, measured from the bottom of the frame to the top of the bench. The '� Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, matenals, equipment and material testing required to complete the work. Pressure grouting, if necessary to stop active infiltration prior to application of the protective coating, shall be included in the above unit price. Grouting of the pipe seals, bench and trough, and lower portion of a particular structure, if required by the Engineer, shall be paid for separately, as specified in Section DA-10, MANHOLE REHABILITATION. DA-14 INTERIOR MANHOLE COATING - SPRAY WALL SYSTEM A. GENERAL Scope .. ^ This section governs all work, materials and testing required for the application of interior manhole coating. Manholes designated for interior coating are listed on the Manhole Rehabilitation Schedule. Interior manhole coating shall meet the T requirements of this Section or of Section DA-12, DA-13, DA-15, DA-16 or DA-17. 2. Description Oft The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of interior coating of oft manholes in accordance with the Contract Documents. 3. Manufacturer's Recommendations am Materials, mixture ratios, and procedures utilized for the coating process shall be in accordance with manufacturer's recommendations. 4. Manholes Manholes to be coated are of brick, block, or concrete construction. All manholes shall have a minimum of one-half (1/2) inch specialty cement -based coating material (Quadex QM-1s or Reliner MSP) sprayed or trowelled on coating over the original interior surface. 10123108 ASC-16 so PART DA - ADDITIONAL SPECIAL CONDITIONS B. MATERIALS 1. Scope This section governs the materials required for completion of interior coating of manholes. 2. Interior Coating The interior coating shall be a proprietary two component, 100 percent solids, rigid polyurethane system designated as Spray Wall as manufactured by Sprayroq, Inc. 3. Specialty Cement The specialty cement -based coating material shall be either Quadex QM-1s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. 4. Material Identification The interior manhole coating material sprayed onto the surface of the manhole shall be a urethane resin system formulated for the application to a sanitary sewer environment. The spray system shall exhibit the physical properties as follows: Prooerty Standard Lono Term Value Tensile Strength ASTM D-638 5,000 psi Flexural Stress ASTM D-790 10,000 psi Flexural Modulus ASTM D-790 550,000 psi 5. Mixing and Handling .. Mixing and handling of specialty cement material and interior coating material, which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Only personnel thoroughly familiar with the handling of the coating material shall perform the spray coating operations and coating installations. C. EXECUTION 1. General Manhole coating shall not be installed until sealing of manhole frame and grade adjustments, or partial manhole replacement when required for the manhole per the Manhole Rehabilitation Schedule, is complete. 10123108 ASC-17 PART DA - ADDITIONAL SPECIAL CONDITIONS 2. Temperature Normal interior coating operation shall be performed at temperatures of OF or greater. No application shall be made when freezing is expected within 24 hours. ►- 3. Interior Manhole Coating om a. The interior coating shall be applied to the manhole from the bottom of the frame to the bench, down to the top of the trough. ,. b. The interior coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. 1) The surface shall be thoroughly cleaned of all foreign materials and matter. Cleaning shall be accomplished by using high pressure water spray (minimum 3500 psi at spray tip), cleaning with muriatic acid, degreaser, or other solvents as needed in order to remove any film or residue on the surface. 2) Place covers over the invert to prevent extraneous material from entering the sewers. 3) Apply a minimum of one-half (1/2) inch specialty cement product (Quadex QM-1 s or Reliner MSP) smooth surface for the urethane coating material. 4) Spray the urethane onto the manhole wall and bench/trough with a minimum thickness of 125 mils (0.125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. 5) Coat trough area with specialty cement product (Quadex QM-1 s or Reliner MSP). 1. Testing of Rehabilitated Manholes a. Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with Section DA- 21. .. D. MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per vertical foot, measured from the am bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment and material testing required to complete the work. Grouting, if necessary, shall be .a included in the above unit price. Grouting of the pipe seals, bench and trough, and lower portion of a particular manhole, if required by Manhole Rehabilitation Work Schedule or required to be done by the Engineer, shall be paid for separately at the Contract Unit Price. 10123108 ASC-18 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-15 INTERIOR MANHOLE COATING - RAVEN LINING SYSTEM A. GENERAL 1. Scope This section governs all work, materials and testing required for the application of interior manhole coating. Manholes designated for interior coating are listed of the Manhole Rehabilitation Schedule, listed in Section 1. Interior manhole coating shall meet the requirements of this Section, or of Section DA-12, DA-13, DA-14, DA-16 or -DA-17. 2. Description .. The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of interior coating of manholes in accordance with the Contract Documents. 3. Manufacturer's Recommendations Materials, mixture ratios, and procedures utilized for the coating process shall be in accordance with manufacturer's recommendations. 4. Manholes r Manholes to be coated are of brick, block, or concrete construction. All manholes shall have a minimum of one-half (1/2) specialty cement -based coating material .. (Quadex QM-1 s or Reliner MSP) sprayed or trowelled on coating over the original interior surface. B. MATERIALS 1. Scope This section governs the materials required for completion of interior coating of manholes. 2. Interior Coating Raven Ultra High -Build epoxy Coating, a two-part epoxy resin system using 100% solids based epoxy binder with fibrous and flake fillers, is manufactured by Raven Lining systems and designated as Raven 405. 3. Specialty Cement .. The specialty cement -based coating material shall be either Quadex QM-1s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. 4. Material Identification 10123108 ASC-19 PART DA - ADDITIONAL SPECIAL CONDITIONS ._ Contractors will completely identify the types of grout, mortar, sealant, and/or root control chemicals proposed and provide case histories of successful use or defend the choice of grouting materials based on chemical and physical properties, ease of application, and expected performance. These grouting materials shall be compatible with Raven 405 interior coating. The contractor shall be responsible for getting approval from Raven Lining systems and/or the grout manufacturers for the use of these grouting materials. 5. Mixing and Handling Mixing and handling of interior coating, which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Coating shall be performed only by certified applicators approved by the manufacturers. -� C. EXECUTION 1. General Manhole coating shall not be performed until sealing of manhole from frame and grade adjustments, partial manhole replacement, manhole grouting or sewer replacementirepairs are complete. 2. Temperatures Normal interior coating operation shall be performed at temperatures of 40°F or greater. No application shall be made when freezing is expected within 24 hours. 3. Interior Manhole Coating a. Manholes scheduled for interior coating are shown on the Manhole Rehabilitation Schedule. The interior coating shall be applied to the manhole from the bottom of the manhole frame to the benchitrough, including the •• benchttrough. b. The interior coating shall be installed in accordance with the manufacturers recommendations and the following procedure. 1) The surface preparation shall comply with the requirements of ow Section DA-11, SURFACE PREPARATION FOR MANHOLE RESTORATION. 2) Apply a minimum of one-half (1/2) inch specialty cement -based WS product (Quadex QM-1s or Reliner MSP) smooth surface for the urethane coating material. •r 10123108 ASC-20 PART DA - ADDITIONAL SPECIAL CONDITIONS 3) The surface prior to application may be damp but shall not have noticeable free water droplets seeping or running water. Material shall be spray applied per manufacturer's recommendations with a minimum thickness of 125 mils (0.125 inch). .r 4) After the walls are coated, the wooden bench covers shall be removed and the bench sprayed to the same average and minimum thickness as required for the walls. 5) The final application shall have a minimum of three (3) hours cure time or be set hard to the touch, before being subjected to active flow. 6) No applications shall be made to frozen surfaces or if freezing is expected to occur in side the manhole within 24 hours after application. 4. Testing of Rehabilitated Manholes a. After the epoxy liner has set (hard to touch), all visible pinholes shall be repaired. Repairs shall be made by lightly abrading the surface and brushing .. the lining material over the area. All blisters and evidence of uneven cover shall be repaired according to the manufacturer's recommendations. Spot check of coating thickness may be made by Owner's Representative, and the contractor shall repair these areas as required, at no additional cost to the Owner. b. Testing of rehabilitated manholes for watertightness shall be performed by "" the Contractor after operations are complete in accordance with Section DA- 21 — VACUUM TESTING OF REHABILITATED MANHOLES. .R D. MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per vertical foot, measured from the ., bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment all testing necessary to complete the work. Payment for grouting of pipe seals, bench and trough and manhole walls shall be based on the Contract Unit Price for each manhole actually grouted. so rr 10123108 Mk ASC-21 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES dM The contractor shall be responsible for locating and marking all previously exposed manholes 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. 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: Company Telephone Number Fort Worth Water Dept. 817-392-8296 ATMOS Gas 1-866-332-8667 TXU Electric 1-800-242-9113 SWBT 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. 10/23/08 ASC-22 Im oft PART DA - ADDITIONAL SPECIAL CONDITIONS DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER These provisions require the contractor to remove all failed existing curb and gutter, as designated by the Construction Engineer, and replace with standard concrete curb and gutter, laydown curb and gutter, or in like kind, as governed by the standard City Specifications, Item No. 104 "Removing Old Concrete", Item No. 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-S4. Pay limits for laydown curb and gutter are shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall saw cut the curb and gutter and pavement prior to removal. Included, and figured subsidiary to this unit price, will be the required sawcut excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the construction of the curb and gutter. The pay limit will be 9" out from the gutter lip, with same day haul -off of the removed material to a suitable dump site. The street void shall be filled with H.M.A.C. `Type D" mix as per specification No. 300 "Asphalts, Oils and Emulsions", Item No. 304 "Prime Coat* and Item No. 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities and top soil as per specification item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Existing improvements within the parkway such as water meters, sprinkler system, etc, damaged during construction shall be replaced with same or better at no cost to the City. Backfill for curb and gutter shall be completed within fourteen (14) calendar days from the day of demolition to date of completion. If the contractor fails to complete the work within fourteen (14) calendar days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. — DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS This item shall include the removal and replacement of existing concrete driveways, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dump site. For specifications governing this item see Item No. 104 "Removing Old Concrete", Item No. 504" Concrete Sidewalk and Driveways", Pay limits for concrete driveway are as shown in Drawing No. S-S5 of the Standard Specifications. The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the work. DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE The contractor shall remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose material excavated. As a part of the excavation process, all .. unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub -base. The total depth of excavation could range from a couple of inches to include the surface -base -some sub -base removal for which the Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. 10123108 ASC-23 PART DA - ADDITIONAL SPECIAL CONDITIONS on After satisfactory completion of removal as outlined above, the contractor shall place the "' permanent pavement patch, with "Type D" surface mix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch .. thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. , All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot -Mix Asphaltic Concrete" shall govern work. Oft The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-27 GRADED CRUSHED STONES This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushed stones. For specifications governing this item see Item No. 208 "Flexible Base". a" am The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. ,. DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) All applicable provisions of Standard Specifications, Item Nos. 312 "Hot -Mix Asphaltic Concrete", 300 "Asphalts, Oils and Emulsions", 304 "Prime Coat", and 313 "Central Plant Recycling -Asphalt Concrete" shall apply to the construction methods for this portion of the project. am Standard Specification 312.5 (1) shall be revised as follows: The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifty (50) degrees Fahrenheit and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic , material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. ON The contractor shall furnish batch design of the proposed hot mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. .. The unit price bid per square yard of H.M.A.C. complete and in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. on r. 10123108 ASC-24 .. 0% .. PART DA - ADDITIONAL SPECIAL CONDITIONS DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER This item shall include the removal and reconstruction of existing concrete valley gutters at locations to be determined in field: Removal of existing concrete valley, 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. u See standard specification Item No. 314, "Concrete Pavement", Item 312 "Hot -Mix Asphaltic Concrete", Item No. 104, 'Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non -reinforced (2:27) Concrete Base in lieu of Crushed Stone at no '+ additional cost. See Item 314" Concrete Pavement'. Asphalt base material may be required at times as directed by the Engineer to expedite the work an at locations identified in the field. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per .n 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. am If the contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. The unit price bid per square yard for Concrete Valley as shown on the proposal will be full .. compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. "' DA-40 CONCRETE RIPRAP 1 GENERAL: The following shall govern the furnishing and placing of concrete riprap as shown on the plans or as directed by the Engineer. 2 MATERIALS: Concrete for riprap shall be placed in accordance with the details and to the .. dimensions shown on the plans or as established by the Engineer. Unless otherwise shown on the plans, concrete riprap shall be reinforced using wire or bar reinforcement. M The concrete shall be 3000 PSI at 28 days, Class A. Wire reinforcement shall be six (6) by six (6) inch No. 6 plain electric welded reinforcing fabric or its equal. A minimum lap of six (6) inches shall be used at all splices. At the edge of the riprap, the wire fabric shall not be less than one (1) inch, no more than three (3) inches from the edge of the concrete and shall have no wire projecting beyond the last member parallel to the edge of the concrete. 10123108 ASC-25 sm PART DA - ADDITIONAL SPECIAL CONDITIONS .. Reinforcement shall be supported properly throughout the placement to maintain its position equidistance from the top and bottom surface of the slab. .. If the slopes and bottom of the trench for toe walls are dry and not consolidated properly, the Engineer may require the entire area to be sprinkled, or sprinkled and consolidated before the concrete is placed. All surfaces shall be moist when concrete is placed. After the concrete has been placed, compacted, and shaped to conform to the dimensions shown .. on the plans, and after it has set sufficiently to avoid slumping, the surface shall be finished with a wooden float to secure a reasonably smooth surface. 3. PAYMENT: Payment for concrete hprap in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used. Bid price will be full compensation for placing all materials, and for all labor, tools, equipment, and incidentals necessary to complete the work. Payment for all necessary excavation below natural ground, and bottom or slope of the excavated channel will be included in the bid price. .. DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS This item shall include the removal and replacement of existing concrete sidewalk due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dumpsite. For specifications governing this item see Item No. 104 "Removing Old Concrete", and Item No. 504 'Concrete Sidewalk and .. Driveways The unit price bid per square yard shall be full compensation for all labor, material, equipment, .. supplies, and incidentals necessary to complete the removal and replacement work. DA-47 PAVEMENT REPAIR IN PARKING AREA Oft The unit price bid under appropriate BID ITEM(S) of the Proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement. 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 crushed limestone base material, compacted and level with the finished adjacent surface. This finished grade shall be maintained an in a serviceable condition until the paving has been replaced. DA-48 EASEMENTS AND PERMITS .. Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and -- permanent, that have not been obtained by the time of publication shall be 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 ,n description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. am 10/23/08 ASC-26 .. OR M PART DA - ADDITIONAL SPECIAL CONDITIONS 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 am property owners involved for the use of additional property required. No additional payment will be allowed for this item. DA-50 CONCRETE ENCASEMENT Concrete encasement shall be Class E (1500 psi) concrete and for sewer line encasements shall am 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. .r 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. so DA-51 CONNECTION TO EXISTING STRUCTURES All connections between proposed and existing facilities, shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements of Section E1-20 and E2-20 of the General Contract Documents. Prior to concrete placement, a gasket, RAM-Nek or approved equal shall be installed around penetrating pipe. Payment for such work as connecting to existing facilities including all labor, tools, equipment, .. and material necessary to complete the work shall be included in the linear foot price of the appropriate pipe BID ITEM. DA-55 CURB ON CONCRETE PAVEMENT r. Standard Specification Item 502 shall apply except as herein modified. INTEGRAL CURB: 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. SUPERIMPOSED CURB: Concrete shall have a minimum compressive strength of three thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) U.S. 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. PAYMENT: Payment shall be made for cutting and replacing curbs and gutters required in this ... Project under the appropriate bid item and shall be in compliance with Public Works Department standard requirement Item 502. am 10123108 ASC -27 PART DA - ADDITIONAL SPECIAL CONDITIONS .. DA-60 ASPHALT DRIVEWAY REPAIR .. At locations where H.M.A.C. driveways are encountered, such driveways shall be completely replaced for the full extent of utility cut with H.M.A.C. equal to or better than the existing driveway. am DA-65 CRUSHED LIMESTONE (FLEX -BASE) Crushed limestone required for use as a flexible base material shall conform to Specification Item -- No. 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. DA-71 H.M.A.C. TESTING PROCEDURES The contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be ,r 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 "' asphalt a maximum of 20% rap may be used. No Rap may be used in type B "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 0-0 "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. 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. 10123108 ASC-28 .. - 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 %" 40-75 3/8" 55-90 "to 90-100 #8 95-100 Los Angeles abrasion test: 50% Maximum wear per ASTM. DA-108 FLOWABLE FILL (MISC. EXT.) 1. Description: The flowable fill material shall be delivered to the site, free flowing and self -leveling and shall have a consistency enabling it to fill all voids without tamping, vibrating or compacting. .. The flowable fill material shall have an in place density of not less than 95 and not more than 115 lbs./cu. ft., with a maximum twenty-eight (28) day compression strength of not less than 60 and not more than 85 PSI allowing the material to be removed with hand tools such as picks and - shovels. The height of free fall of the flowable fill shall not exceed four (4) feet. 2. Material Specifications: Flowable fill shall consist of: .. a. An appropriate amount of Portland Cement meeting ASTM C-150 (with other additives as necessary). b. Aggregates meeting ASTM C-33 c. Sand or fine aggregates as per City of Ft. Worth Standard Specifications for Street and Storm .. Drain Construction Item 406 d. Flyash, Class C or F, meeting ASTM C-618 e. Admixtures 1. Mineral admixtures will be pozzolanic 2. Chemical admixtures shall be in liquid or powder form used in standard ready -mix concrete products unless specifically designed for flowable fill. Permissible types ON of admixtures are: a. High air generators, as manufactured by Grace Construction Products or approved equal, which are specifically designed for flowable fill to lower unit weights, reduce shrinkage and subsidence, and control compressive strength. 10123108 ASC-29 PART DA - ADDITIONAL SPECIAL CONDITIONS b. Air entraining admixtures conforming to ASTM C-260. .. c. High range water reducers conforming to ASTM C-494 Type F or G. d. Accelerating admixtures conforming to ASTM C-494, Type C. 1. Non -chloride, non -contusive accelerators used where metals _ are present in concrete or embedded members. 2. Calcium chloride SM am .. am 10123108 ASC-30 SECTION E SPECIFICATIONS JANUARY 1, 1978 WATER DEPARTMENT i 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 Am later revision(s). (See revisions listed on this sheet). Sections El, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX El MATERIAL SPECIFICATIONS oft 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 ,F E2-2.11Trench 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). i W SECTION El 00 — MATERIAL SPECIFICATIONS MATERIAL STANDARD E 1004 JANUARY 1, 1978 (ADDED 5/13/90) E100-4 WATERTIGHT MANHOLE INSERTS. E1004.1 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 D1056, 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) Comvliance with and Enforcement of Prevailing Wage Laws (a) Duty to vay 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) Comvlaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation _ of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 3 1 " day after the date the City receives the information, as to whether good cause exists to believe that the K 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) Postine of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/8/2008 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. DISCUSSIQU: 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 INFORMATIONICERTIFICATiON: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Managers Office by., Originating Department t Head, FROM Fund/Account/CenteyA Fernando Costa (8476) A. Douglas Rademaker (6157) Additional Information Contact: Eric Bundy (7598) cm HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator $10.06 1 Asphalt Distributor Operator $13.99 Asphalt Paving Machine Operator $12.78 Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 Batching 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 $12.00 Concrete Paving FinishinP 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 $10.61 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator $14.12 Electrician $19.12 Ftagger $ 8.43 Form Builder/Setter, Structures $11.63 Form Setter, Paving & Curb $11.83 Foundation Drill Operator, Crawler Mounted $13.67 Foundation Drill Operator, Truck Mounted $16.30 Front End Loader Operator $12.62 Laborer, Common ' $ 9.18 Laborer, Utility $10.65 Mechanic $16.97 Milling Machine Operator, Fine Grade $11.83 Mixer Operator $11.58 Motor Grader Operator, Fine Grade $15.20 Motor Grader Operator, Rough I $14.50 Oiler I $14.98 Painter, Structures $13.17 Pavement Marking Machine Operator $10.04 Pipelayer j $11.04 Reinforcing Steel Setter, Paving $14.86 Reinforcing Steel Setter, Structure $16.29 Roller Operator, Pneumatic, Self -Propelled $11.07 I Roller Operator, Steel Wheel, Flat WheeUTamping $10.92 Roller Operator, Steel Wheel, Plant Mix Pavement $11.28 Scraper Operator $11.42 Servicer $12.32 Slip Form Machine Operator $12.33 Spreader Box Operator $10.92 Tractor Operator, Crawler Type $12.60 Tractor Operator, Pneumatic $12.91 Traveling Mixer Operator $12.03 Truck Driver, Lowboy -Float $14.93 Truck Driver, Single Axle, Heavy l $11.47' Truck Driver, Single Axle, Light $10.91 Truck Driver, Tandem Axle, Semi -Trailer 4 $11.75 Truck Driver, Transit -Mix $12.08 Wagon Drill, Boring Machine, Post Hole Driller Operator $14.00 Welder $13.57 Work Zone Barricade Servicer $10.09 - 1 AC Mechanic Helper I] Acoustical Ceiling Mechanic Brkklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper R I Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electronic Technician Electronic Technician Helper Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather .r Painter Painter Helper Pipefitter Pipefitter Helper Plasterer Plasterer Helper 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY $12.00 Plumber Helper $14.90 $15.24 Reinforcing Steel Setter $10.00 $19.12 Roofer $14.00 $10.10 Roofer Helper $10.00 $16.23 Sheet Metal Worker $16.96 $11.91 Sheet Metal Worker Helper $12.31 $13.49 Sprinkler System Installer $1B.00 $13.12 Sprinkler System Installer Helper 59.00 $14.62 Steel Worker Structural $17.43 $10,91 Concrete Pump $20.50 Crane, Clamsheel, Backhoe, Derrick, D Line $13.00 Shovel $17.76 $9.00 Forklift $12.63 $20.20 Front End Loader $10.50 $14.43 Truck Driver $14.91 $19.86 Welder 516.06 $12.00 Welder Helper 59.75 $20.00 $13.D0 518.00 $13.00 $14.78 $11.25 $10.27 $13.18 $16.10 $14.83 $8.00 $18.85 $12.83 $17.25 $12.25 A i - dw m &^ Z* TYP. CCL At _ yr 'P 1. {f� i 1 •' � 1 • l.��'Y't t tp e i � d � • 3000 PSI CONCRETE ENCASEMENT 1. THiS STRUCTURE TO BE USED OtWILY 1WERE .PIP SIZE IS 39". OR LARGER. 2 2!x3' OPENING IN THE PIPS TO BE FABRICATED:, AT PIPE PLANT AND NOT IN THE FIELD, EXCEPT WF#EP> CONSTRUC1TON 1,3 Old. VEf' SY51'W I Et-i MA`1'ER & El;l* CbRSTR ICRON CATY OF FORT MIRTH, TEXAS -- [ 1k a O&2W . STANDARD TRIPE�rAH ACCESS MANHOLE . PLAN VIEW SAN-001 0 CONCRETE COLLAR PER:- 42' (MIN.) PLANS' Off AS DIRECTM BY ENGINEER Y (SEE SAN-009) s, CONCRETE -� STANDARD 4` of S., M.H. DETAIL SAN-003 (2'x' O> MNO-) 4-J4 BARS SEt DETAIL SAN-001 FOR THE INSTALLATION: OF STEEL BARS AND ADDITIONAL INFORMATION. :fl* MIN. POUR AGAINST UNDISTLABED EARTH OR WOODEN FORMS 300I3.PSI COiNMTE ENCASEMENT STANDARD FRAME : & LIQ r.. (REF.. STD. PROOUCY LIST) in i n i fir+— i STAINLESS STEEL. INSERTS z REOUIRED FOR SEINER PIPES lIr OR LARGER. a �, NOTE 1. THIS STRUCIUR€ 1~C' SEE USED' UI&-Y WHERE PIPE E1-14 VATERIAL SIZE JS 309' OR LARGER. E2-I4 CONSTRUCl10N pq.jj� CRY OF FORT WORTH, TEXAS DATC- 08-2007 Ai ��V STANDARD TYPE "A" ACCESS MANHOLE SAN-002 w . m im m Xt FRAME AND 24� ,OVER. EQUAL TO LEY IRON WORKS Na 4 W/ PICK BARS. STD. PRODUCT'LPM°? �• .� ��11 tt it .��.� . CONCRETE COLLAR PER PLANS OR AS DIRECTED —li BY ENQNEER (SEE SAN-=009) i Il it j - '�' li H •�� TRENCH WIDTH CONC. CRADLE K 2 COATS OF TO EXTEND TO BITUMASTIO = ," PIPE BELL COATING �*r' .. :b•i y• *. Q�PING GASKETS '~ ASTM C=76, CLASS Ilt i, JOINTS (TYP) RCP PRECAST MANHOLE i JOINTS RECOATED r . SECTIONS OR EQUAL AFTER SECTIONS la. (REF, E2-14) VARIES SkITk{ PUT TOGETHER NA. SECTION A ---!A A - A4 GROUTA�a' y I_ `� } � � +.V•T'!. Y..t.. it''�' 'i��}�t .T' ^"' � i4�'dM+M'. �� '4s t v t 'r b * . .n �. .,- i a,w +. ,�. .Y.�.; �.cf /'.+i ` = Z v � L .t ' ♦a t . _ :r ;c�.t [,+. .. ...+� ::+r'. y? r tyb�"'. tl �S• .... .... ..... .. a ."�.••�s. i... USE 4000 PSI. CONCRETE � I` SECTION 8 MIN. 2 ROWS PREFORMED DW FOR SEWER PIPE BITUMAS'nc JOINT UPS TO 21' 0 A. SEALANT BETWEEN GRADE RINGS (RAM-NEK OR S• DI& FOR SEWER PIPE Et—"f4 MATERIAL APPROVED EQUAL), UP? TO 3V DIA. E2-14 CONSTRUCTON CITY 4F FORT WORTH,, TEXAS DATE: M2007 STANDARD 4' DIAMETER MANHOLE SAN-003 m r I • MANHOLE FRAME AND le DIA, COVEN' NUAL TO McKINLEY IRON WORKS NO, FINISH GRADE A24AM W1 PICI( BARS (REF. ST0. PRODUCT LIST), 15' BELOW.FINISH RIM CONCRETE COLLAR PER ELEVATION FOR STREET PLANS OR, AS DIRECTED RECONSTRUCTION BY ENGINEER (SSE $A14-009) CA A. w .e r � 2:x8 x24 I.D CONCRETE . w. PRECAST GRADE RINGS CONFORMING. TO ASTM t*78 rr� 24 =r ;• FLAT SLAB TOP M114 6' THICK. DESIGNED M MEET S 48• . OR EXCEED H-20 LOADING • a '': '. • -_ MOWK.ITHIC CONCRETE OR ASTM' 0476 PRQOA& GROUT "--► — MANS SECTIdNS MIN. 6� SECMON ,= 0--RING GASKET 0 .DINT (TYP.) , ` •.`�. NOTE:. TO. BE CONSTRUCTED, OF 400Q PSI CONCRETE WITH STANDARD, �f. �j •: ,y' •• pw 44r G: l STREET CONTRACTOR TO INSTALL. WATER AND SANITARY SEWER CONTRACTOR TO PROVIDE AT A SITE DESIGNATED BY CONSTRUC- TION MANAGER, PLAN Et-12 MATERIAL E2 12 CON5TR4lCTIDN Ct1Y OF FOW MIRTH, TEXAS DAM- M29Q SHALLOW MANHOLE SA1-004 . w MR 0" WANHOLE FRAME ANa 0 WHERE M.14'S ARE BUILT IN DIA. COMER; EQUAL TO' STREW T6. 16E PAVED M.H. McKINLEY IRON WORKS Na,RIM T0; 8l= SET "T€? PR. QPOSED PAVING GAAD& A24AM W/ PECK BARS. (REF: STD, PROP UCT LET) WHERE M.H.`S Age IN THE STREET, INSTALL TWO OR MORE CONCRETE CONCRETE POLLAR PER # GRADE RINGS SETWEEN CASTING., PLANS OR A$ DIRECTED AND TOP OF PAVEMT BY ENGINEER . (SEE SAN—Ob9) - f. USE DUCTILE IRON PIPE TO FIRST .rr JOINT BEHIND LIMIT OF EXCAVATION CONCRETE MA. aacnlF i—ON PLw or nT INSSTALL NUTS AWAY i t FlJM M.H. WALL ON f,,;" �NCRERD �-tEk ..� srANOAR� 4! . } COED —TEN . BOLTS � OEC4T3 L LJ in zs ExCAVA1ION �' e( *` RE 7lIIRED; :.P_0VIDE ' STt18 EXiEf!I- I►T` END ,ram . OF P'. M M.i4 WALL ' SLOPE !,/V TYP. I .. vE"cn>r ro: III I t ��' � ��` ,' �. �•PorNT t>I:FI :l` r'kis••'.i f } _ +c x {x.,�; �Frs tad'- �, `� ,' • a y7 . Gttw fED IN%�6 USE _A4If10 ATE THRUST BLOC TO EXTEND V IN ALL DIRECTIONS FROM OUTSIDE DIAMETER OF PIPE � 1 4" DIA, FOR SEWER PIPE UP TO• Zt" DIA. 5' OIYA: FOR. SEWER PIPE - • UP TO 3W DIA_ +� El—�j+ MATERIAL CONSTRUCTrOH CITY OF FORT 'VurORTH TEXAS DATE; 08-20D7 = STANDARD 4' DIAMETER DROP ACCESS MANHOLE SAN-005 11= I( i t (-11= J f-111=1�I�. ag. - l l- - =1 11 d 11 L� �i I i—[ i LEI i VARIABLE DIAMETER BORE TQ IS LAF� B40L H Ir TO PERMJT DESIGN TYPE PIPE: TQ BE PULLED OR m JACKED THROUGH, LU , w L m �o Q l l ii l-=1111-_I l l ii l i l l TYPICAL BORED SECTION LONGITUDINAL. VIEW PRESSURE GAWr AS NEEDED I J 1AILI I i H Il l=l uj Lu w a M (LUJ C Q .0 r I =3I- Li(�ir l iI lfli 14I� �I�11LI��II�1iI�l�ll fl j TYPICAL BORE WETH PIPE IN'SLALLED )NOTUDINAL VIEW CASING S PERIMEM f31>r` TAE BORE DIP CARRIER PIF TYPICAL END VIEVIf Nl?i'E I. COMPRESSION TYPE JOINTS TO BE USED IF POSSIBLE. 2r IF COMPRESSION TYPE JOINT IS NOT AVAILABLE, M.J, TYPE SHALL BE USED AND JOINTS BOLTED BEFORE: PULLING PIPI~ INTO PLACE. ry E1-15 MATERIAL E2�-15 CONSTAUC710N ^�ESSURE GROUT AROUND PIPE. tOUT SHALL BE PROPORTIONED i f CU. FT. OF CEMENT, 3.5 CU. OF CLEAN FINE SAND WITH IFFICIENT WATER ADDED TO IOVIDE A FREE FLOWING THICK URRY. CASING PIPE SEWER LINES SHALL BE SECURED BY CASING SPACERS AS MANUFACTURED BY CASCADE WATERWORKS MANUFACTURING, CO., ADVANCE PRODUCTS & SYSTEMS, OR APPROVED EQUAL FoRTWuH CITY OF FORT WORTH, TEXAS BORED CROSSING DETAIL DATE: 08-2007 SAN-008 i mm ga m OLLM !; CONFIGURAMN f?J#VED AREAS s s.. C ARN F UNPAVED:AREA .).EOM .. MANHOLE FRAME ANfl � 32", DtA, DUCTILE IRON .� CJVER. (RED '.rr„I. STO PRflDOCT ms.o. TXI' v�`r .tea i hv.-4 ' .. - r .. 44000.PS# —�-.• �. CONCRETE '� i �•. f �k �:. .. - 8—= RESARS, .,1 PI • « .. � . e ;��'.,.ere it . �t q, � .k �:� P4/fi �--Y'^wtisx`..1�•34: 120 'i .. '... ;* cr#AiV1FER N. z „� t: : s •' ...Ye , r� ; [` 4 �. ` 1 1 /J GROUND J r PYMs ' OPENING CONi1RI TE: COLLAR 2 RQWS OF- RAKr -NEK SEAt. HEIGHT VARIES . 2" x W 'x 30" I-D: :. -w%STAGGERED JOINTS CONCRETE PRECAST' APPROVED EQUAL: .� GRADE RINGS OR SECT04 A -A REBAR '$MALL BE PL.ACZQ r WHE1 MANHOLES. ARE IN HfNGED IDS ARE REQUIRED MIN. Pkblit TOP AND, BOTTOM . THE STREET; . INSTALL 2. OXt. ON ALL ELEVATED MANHOLES,. wf OF CONCRETE CQUAR. MORE GRADE RINGS, AS JUNCTION BOXES. ,AND WHERE NEEDED, BETWEEN CASTING SPECIFIED 011. PLANS, (REFER AND TOP OF PAVEMENT: TQ S7D. PRODUCTS, LIST) I �;KS' Ta BE INSTALLED . N FANGED LIDS INSTALLED 114 � ALL MANkOLI= LIDS iiibW Ek-14; ElET 21:.tidATERI`AL STREETS SHALL OPEN THE fi -.YEAR F1.6015 ELM, E `Y1.4K. E2-�4 E2�--3:1 OON$TRLlGTIdN . AGAINST THE FLOW OF AND 'WHERE SPECIFIED ON TRAFFIC, _ PLANS, - CITY OF FORT WORTH, TEXAS O.C.T.2WO MANHOLE FRAME, COVER, GRADE RINGS AND CONCRETE COLLAR. SAN-009 A---o--' PLAN VIEW I%(i:WELS vr'At;EL1. EVEf+1L7 //j H ♦i 4 % i; 1 Pv SEC*nou V.. / l NOTE: DROP THROUGH WILL BE f POURED MONOLITHICALLY f WITH CAST IN PLACE BENCH, OR DOWELED AND GROUTED r-10"R TO PRECAST BENCH. x< 1O'R cq • � yJ ✓ < Ji• J . DOWEL SEC-nON A -A *4 .w — MY OF FORT WORTH, TEXAS DATE: 08-2007 HYDRAULIC SLIDE SA144MO AL I 1 I .a .# I PROPERTY LINE **CITY OF FORT WORTH STANDARD CLEANOUT IV 4" CONCRETE CAST IRON CAP 6" #3 BARS COLLAR 1 12" COLD JOINT REQUIRE , STANDARD PARKWAY Y"%FT. ' 4" ; :. ;� � , 3*�' y, hi_o-.�•.-•--II Itl �tl �;l_I_I �� , 1 ! ° I t 7" } , . "' ;t,?� EXIST. O i DROP. `4' SIDEWALK FOR NEW ir, , DEVELOPMENT CAP RISER 1' BELOW GRADE �NCFETE CgLLAR (CAST IRON) ' PLAN VIEW) MARK w/REO VINYL TAPE, '* 3" WIDE 8" ABOVE -GROUND "• "%'•''J ;; r:"''tea CONCRETE ANCHOR NEW �"GSEROR PROPOSED VICE FERNCO FLEXIBLERE COUPUNG QUtRED *' a' :� : � •.: a 4. • I,'; IF EXISTING SERVICE 1' MIN. 6" IS PRESENT, OTHERWISE PLUG. MITI, PAID FOR .AS CLEANOUT _ SWEEP TEE L30PE vJq �62,$SMN CE. 6" MIN. ! SEWER MAIN BACKFILL CLEANOUT STACK WITH NATIVE TOPSOIL COMPACTED TO 959: STANDARD PROCTOR DENSITY — 4" STACK ) - TWO WAY CLEANOUT TEE CLEAN -OUT NOTES - 1. THE SWEEP TEE AND PIPE FITTINGS INSTALLED SHALL BE SDR-3:5 OR SDR-26 PVC MATERIAL. CONNECTIONS TO THE EXISTING SERVICE SHALL BE MADE USING RUBBER SLEEVE COUPLINGS WITH STAINLESS STEEL DOUBLE BAND REPAIR SLEEVES. THE SLEEVES SHALL BE TIGHTENED TO THE TORQUE RECOMMENDED BY THE MANUFACTURER. SLOPE OF THE SANITARY SEWER SERVICE SHALL BE A MINIMUM OF 2 PERCENT. 4;,CONCRETE USED AROUND CLEANOUT ASSEMBLY SHALL BE 5 ;SACK,_ 3,000 PSI mix CAST IRON PRODUCT INFORMA139b] CLEANOUT LID. _ PROPERTY LINE From Sta►i .y RoDor o do A 49c., Information %#*t % .Change. xvli DESCRIPTIONACIGH Pal ; H,D.P.F-, Lateral Cloonout SIDEWALK W S.S. 901ts and C.I. Lid. SS BOLTS I :` . ■ n-^"— CAST IRON t U T) 0 RING I I H.D.E.E.I1 CLEANOUT BOOT w CA T 7.5" ..aH.D.P.E. INN E �S� - Q },Iy —PJAD _ � - - CITY o� a�WORTH, T° OA FMWO �� TWO A SERVICE CLEANOUT� � sAN-o�� FOR NON -PAVED AREAS PROPERTY LINE **CITY OF FORT WORTH fix: WE 4WEEP TEE AND PIPE FMINQS CLEANOUT w/ CAST INSTALLIbD SHALL SE SOR-.3'9 OR « 4' CONCRETE IRON C� .APSDRPVCMATRrA"' 6 3 GARS COLLAR I 1210 COLD. JOINT REQUIRED' 2. CONNECTIONS TO THE EXISTING SERVICE SHALL BE MADE USING RUBBER SLEEVE STANDARD PARKWAY )4"/FT. COUPLINGS WITH STAINLESS STEEL 4 A . DOUBLE BAND REPAIR SLEEVES. THE +i� 1k •„ts T �� a c., ®; ;-1Lt;—� .5k. LLI SLEEVES SHALL BE TIGHTENED TO THE {��y''/JS T �,� I TORQUE RECOMMENDED 8Y THE 7° `" "'' ExIST. DRIAWAX I� PAVED AREA -r f i ,{� � r �.£:� MANUFACTURER, • . � FOR NEW ..sr-��. .l,-r •i�„ • '•trr . ., ry %• ' _ 12" _ DEVELOPMENT DOUBLE`RAND SIiAWL 3. SLOPE OF THE SANITARY. SERVICE CAP RISEPM 1' STm 'COUPLING $ HALL SEA MINIMUM .OF 2 PERCENT. BELOW GRADE, c Wit ° fir. . R0yBACKFILL CLEANOUT STACK WITH C CONCRETE USED AROUND, CLEAiNOUT CONCRETE DOLLAR (CAST IRON) r-A `+;; NATIVE TOPSOIL COMPACTED TO ASSEMBLY SHALL eE B SAGK' 1rDUA PTA DOWEL INTO MARK w/RED -s .. 1;, ;; }: 951E STANQ*o PROCTOR DENSITY mIX: PAVED ARF�1 3 Nwttioe &Es• (PLAN VIEW) ABOVE GROUND TWO WAY PIMP TEE CONCRETE f" ANCHOR .`. a� .: CLEi4NOL1T TM s- ExlsnNc OR PwoP=D seRw FERNCo FLEXIBLE �""v ,.;.•t4 �;., + 6�r s`<•oPe-v s". ax Mn'�' }�MIN. COUPLING REQUIRED ti `���� ►� -i. IF EXISTING SERVICE V MIN. 6" IS PRESENT, OTHERWISE PLUG. MIN. SEWER MAIN _. PAID FOR AS CLEANOUT PRE UCT INF0RM6T1CN DR +VEWAY t � PROPERTY LIN£ +* From Stanley Roberts '& Aeeca., lnfiorpiatlon Subject To Chonge. DESCRIPTION tl PART NO, Cost iron Loterol Cleanout T os ATL--424 SIDEWALK W/ SS Bolts onj .Coupling / CAST IRON J 1 CURB �t CLEANOUT V SS BOLTS DxMy APPROACH 1Er4, . ■ CAST IRON _ STRFET a RING' CAST JRQN CLEANOUT BOOT ( EQR PAVED AREAS CAST I.RQr. CITY 4F FORT WORTi I TEXAS SATE: Ft=B.2O£0 TWO 1 A SERVICE CLEANOUT FOR PAVED AREAS SAN-011A 1 I PM 4' OR TO BOTTOM OF PAVEMENTBASE OP" TOP SOIL MINIMUb! `ii#ENGH, wtaT i PIPE DIA. + 1' Z TRENCH ►NIDTH, J2LQA - SECTION j; R�, ORTH CITY OF FORT WORTH, TEXAS �'� CLAY DAM UNDISTURBED SOIL EXIStING E1-7 MATERIAL E2--7 CONSTRUVION. ORT;RT _DAPI/CIll AC .ADDEMOD1ATC, 1^ W MIN DIMENSIM. r MAX F PAY PURPOSES WMEN .915 PER; 080 YARb g' MiW IilA 1MENS JN, M FOR,PAY PURPOSES SHALL BE 6' ON N$, ,,�4' ANIX SMALLER., :W' ON MAJNV 30' AND EARER WHEN EiD PER CUMYARD. Q 4' MIN. DIMENSION' 4' MAX. FOR PAY PURPOSES WHEWBID PER CIJRIC YARIX CLASS. 'r (MO PM) CONCRETE: CITY OF FORT OKWT14, TEXAS CONCRETE ENCASEMENT m TFd�GFP: 1Nki�t1; tPIPE 24' W. AND . WAI.f M = '14" OR. ' Q M f, l r WHI NEVER 13 Fi 2: PIPE'LARGER THAK 2e y OA OFF FVEH +; CO I � ' BALL, Eltf'EENQ� A Nft. OF & BEYONp EACH =,OF PIPE. , CONCRETE . BI~L1.-•�EL1 BEND � ";: - .. 'r 0 a• RUBBER GASKET JOIN 144� Boo. I i .. .-V-•J. a .. ' ME,CHANICAC. JOINT` MAIN tE BELL SEND 3000 P$t CONCRETE BELL AND SPIGOT JOINT. +.. KEEP A MIN.. OF V-O" CLEARANCE BETWEEN CONCRETE AND JOINTS OR NOTE: BOLTS ON Cl PIPE,. OR WHEN CRADLE IS SHOWN. OR IN EXCEn OF V-0 - AS: SPECIFIED FOR INSTALLATION DEfAILM ON.CONCRETEI PIPE. THE FULL . JOINT LENGTH OF THE PIPE OR FITTING SHALL BE CRADLED. Et-20 MATEiigAL E2: �4 C(NI�.x,�TtON CITY OF FLIRT WORTH, TES; DATE 08- CONCRETE CRADLE wTR-oos� • ti. 4W$S -V. (2SCR, :.PS) CONCRETE , .1 r.. r. STEEL BAR '•; .00 *,AP PIPE WITH 15# ROOFING FELT t 4y. `.' .. ... FORM . Abe NECESSARY l f 1-2Q MATERIAL 'f2-*20-CONSTRUP 3f H J 1 SENDS 90' 45' 22Z. It, *VOL. REQ'D. (C.F.) 39.911 11.03 5.1�4 �• 6 A (FT.) 2.50 1.42: 1.00 I3,.* ' 8 (FT.) 400 3.88 3,36 C (FT.) 4.00 .3.88: 3.36 2 5 a; *VOL._ HEQ.'0. (C.F.) 71.09 X47 1.9.61 9.85� A (FT.) 2.$3 167 1`.50 1.10 6 (FT.) 5.00 4.8G 3 6lr 3.20E a' C (FT.) 5,00 4.80 Us. 3.i11 ., ` *VOL RM4 (C,F.) 111:.07 60:11 XS5 1%40 a 10 A (FT.) 3.25 1.92 1.75 1;50- 8 (7-) S40 5.6d7: 4,23 12a G (FT.) 5.90 5,60` 4.25 3.25CL .� w -VOL RE4'0. (C.F.) T59:94 85M 44:13 :-&f - 1.2 A. (FT) 4.3:7 2.4a T..42 1.2i:. B (FT.) &20 6.00: 5:54 4.20 (i T;) &jb 6.00 5,54 . 90 *VOLUME CALCULAIM ON. THE BAS.d.. Of CONC�3ETE RM- 111 [G THRUST ON , ...... . THE RESPECrW SENDS � AN II!t W& ARE OF 150 PSIG AT THE RATE OF 150 LB .W`F, PER CUBIC FEET OF CONCRETE. �+ CITY OF FORT" VV M, TEARS EXAMPLE A VERTICAL TIE -DOWN BLOCK DATE: 08-2007 WTR-010 T pw MATEMAL K PpKTRUCROU CITY OF FORT WORTH, TEXAS EXAMPLE U, VERTICAL TIE -DOWN BLOCK I MINIMUM r INIU BACKFILL COtiFER MINIMUM EMBEDMEP y- to 'all l Ilt ►. - PE "C" :BACWLL, E SPEC, E1-4.4 NO MATERIAL EMBEDMENT INITIAL BACKFILL E SPEC. E1-2.3 O.O., am r x(hIII,�IO � I, I►- MINIMUMS f 2" INITIAL _ I I=1 TYPE V R#"F , BACKFILL COVER SEE- M E0T2-4 II { ( I.D. ,III=.FILTER MOO- =III I i� SHAG -PiE r r E-, 8NP MINIMUM 6" (�II EMBEDMENT CRUSHED STONE I I I 111ljl i 11 I li i li SEE SPEC. E1-2.3 G.C.D: NOTE: SPECIFICATION WATER: SIZES 16" AND LARGER REFERENCES ARE RY' WATER AND SANITARY SANITARY SEWER: ALL SIZES SEWER ONLY. -� MATERIAL. SPECIFICA11ONS THE EMBEDMENT AND BACKFILL DETAILS PROVIDED ON THIS SAND GRADATION SHEET SHALL .REPLACE APPROPRIATE PROVISIONS OF E1-2.4(b) LESS THAN: lOX PASSING AND Et-2.3 OF THE GENERAL CONTRACT DOCUMENTS AND 200 SIEVE SPECIFICATIONS FOR WATER DEPARTMENT PROJECTS (G.C.D:) ALL OTHER PROVISIONS OF THESE ITEMS SHALL APPLY. +� P.I. 10 OR LESS DITCH WALL P CLEARANCE MINIMUM -A 6" 8.6" ..4 CRUSHED STONE GRADATION 8" 7.5" SIEVE. SIZE . RETAINED 10" 6.5" 1� 1O 12" 6" jr 40-, 76 20" 6" y" 55-130 24" 6" 30' 9" #4 ga-:1.00 36" 9" ,.. #& 42 9" 48" 9" •� CITY OF FORT WORTH, TEXAS DATE: WW 2011) E WATER AND SANITARY SEWER EMBEDMENT AND BACKFILL DETAILS WTR-029 *� EXISTING CURB & EXISTING - SUBGRADE (IF ANY) TRENCH REPAIR LIMITS F EXISTING HMAC i : r NEW HMAC, PIPE PITCH WALL 1 � '-" rrx�r�t cup► � 6ACKFILL MATERIAL PER DETAIL WTR-Q34 (SEE NOTE 3) NOTES: 1. ALL EXISTING ASPHALT COURSE SHALL BE REPLACED . TO THE ORIGINAL. DEPTH. PLACE A, MINIMUM bF 2" HMAC SURFACE COURSE (TYPE 'Dw MIX) TQ MATCH EXISTING GRADE AS SHOWN. 2. I? : A 'Iiplh. Of � ., �r�'� ' G 3 LOWMkE Fti,t MAY` AW#RM TO, ik A4.f£ILL ALL iM ES 1 ?t�NTQWfiJI 11I IsET AND il, ,''IID IAL lI1 fTkII ;AlREA% IFS rLOWA%Z D FILL .IS RE+QUIREI�, A :BSI patAt P4Imo` kY' ITEM * - Pfitt�l 00 .F'MR SUCH. 4 iaAi. ISTi4llli4Tl4 i MIJBi" I dI1 ,A fl1 MIX M47 1. THE. f ITY OF FORT . TkI it D lf:A *-FOR VOW. STORM DRAIN - -I CITY OF FORT WORTH, Y'tIA$ i]AfEt.: IS1�Q(1i` PERMANENT A PHA►LT PAVEMENT TRENCH REPAIR STR-028 V, MIN. CLASS 'A' REINFORCED EXISTING - CONCRETE PAVEMENT -. REPLACEMENT TO THE scif DETAIL EXISTING CURB .& NEAREST JOINT OR CURB. M—=p CONCRETE GUTTER 11 at 6 .11It�, PAVEMENT I I] ..� :!� 1 ! ` M• 11.. ,,� ^ ♦ e •k ! Yy ' 'Y ': i . 1 Y r`i�S.�.geet " re _ti t� ♦ s ;' s g ' 1.. � 5 i 'j, 1.�'M1}►'t � � 3 � y k t M �'.14t•. w� '� ('* .T!' 'fllw,f* .�,�.� ! � i i--, _�l ' ♦ ,., t',�p tgv> v 1' �s�jy r i bt". tl_ ,a �q ♦ s., _"-.. .� �_' � .�-Y �� •r-ti,��;Y �i ,.+ e 1 �.+ i•j'°Yf"� � '�i♦2?�1ie. .'f.�y. s � fib' �S s +.} In �!`��w y,Si',R�Nki(�'"ji�4♦�l! 7' 'i''4ti„ �yF�,�,'a � .f#x��rr r � I"' `}I (j 1." t / rrto :,♦a t. "w!rl Ili.td3 �r iy•..�.� t I.i t ::lf �# q i j� ' 11�...1j 1 { Ii--�I it :.I? ...,5+ 'zji`rt R, �� �,�.'�kk"g_. !i'4�� �--- 1r Ia.L,�•f, a Sk� ."•�3� �liF��lt�-�� EXISTING 12 EXISTING GCICiETE ♦!(Q1151T SUSGRADE 13 r a +i� * 11 �• (IF #NY) -I1_ �=—BACKFILL MATERIAL PIPE' PER DETAIL WTR-034 I I i MITI — (SEE NOTE 1 DITCH WALL , IFzFdi•�<t..:,;:1i:� 1. FLOWABLE FILL. MAY BE REQUIRED TO WKFILL ALL TRENCKES IN I� DOWNTOWN STREETS .AND 0P•RONAL -IN OTHER AREAS. IE F.L4wo FILL 15 1 QUlRED, A Ef?I 6 ATE PAY' 1TEW WILLPR4VIDEp. f O Sl?CH 2 REJIaiF01 CED, CON:: ETE PAVEMENT SHAD,, I3E tiEP�ACEi1" TQ ORIGINAL DEI'�tL� CAR Y+ A MINIMUM bF ; WHICHEVER IS, GREATER,., d, PLACE V OF 2:27 CONCRETE AS SHQYYN. Tw R£tFlFARCEf� CONCRETE MAYBE SUgi�TrTSlTF FOFi:1YpF `s27 400CRITE. 4. REINFORCEMENT OF CONCRETE MAST OWT ,CITY ;STANDARD: OR MATQi EXISTING, WHICHEVER IS GREATER. S, ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANPARD 'SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION. CITY OF FORT WORTH, TEX-AS L1A7E; 10-2007 REINFORCED CONCRETE PAVEMENT TRENCH REPAIR STIR-031 w "I a� a a x IS 46 WH OR GREATERrm z rr11 � Lw Q, C1.OSE17 _ C��C)A LAW. a. tk .Q gOpD W©RK AFIBAQ RUAO N I WK�T - d is Ns .flam is .subantted fbr' TCP. I ctwttfg> ,th)s plan ifiil kia used fdis thb t6lt" lg*attuttEs�: Lu and that- all �Ftanrielra�j` devt�efs reitll f'orea :to "Gst+eral Nistes' a"s' sh4� on the beck. st tww [fete• CITY OF PORT WORTR TYPICAL ONE WAY MULTIPLE LANE STREET TRAkSPORTATION ONE LEFT LANE CLOSURE AND Note: PUBLIC WORKS Sea reverse vide- fbr Ce'rwa1 Notes and.oewce, Specsng PLAN 1411 ,^ MR n r This plam is *ibma'tad � XpC i ce�t4�`� .+bls pjmr will. � us®d fa* 4 a lsc and. that, all,IN, dov--z-ces wili 'oonforft io 'G r6.l Notoe os shown on the. back.La Siratueel Gate s V CITY OF FORT WORTH TYPICAL ONE WAY MULTIPLE LANE STREET TRANSPORTATION TWO LEFT LANES CLOSURE AND rota: 1d r11 F PUBLIC WORKS sea r9Y8T59 51d6 �Q1t,�E1�f8� IF4 as and Qmwce Spec ag � � [,42V A i so 40 pq OR m A W a A .. .ROAD' .. .. FMAO wow 0* x= c. o� a � ooaoo a 1 c r FF ° ARRM BOND IF SPEED LIM z t; o IS 40 WH OR GREATER 11 tC hF Y 'L 0Cr LEFT .. .. pQ .. CLOSED t ' ... Oda a ROJti NrOFM ENti AW-01 s X, a o This, p4on is s brnitted' fior� T` ,, I,cortii ► this pion wjg"oe use�t;,'fE r 'tip 'foilowinq I*Colicntst; N M, d thot. oil ofonne#i ing, devices will conform :to `IG,�oer'ol N—oterv, a-5 shdyin C" th* tmr*,: tj #gndt�fr. e: I?ate= PITY OF, FrOOT WORTH TYPICAL TWO WAY STREET _ T1tP¢+isP iAi-TIdt4 ONE LANE CLOSURE Note: See reverse. side far DeneraiNotes and Device Spocinq. PLAN " " pus+_t� wo�rf�� � . ,�L, I AAL wow a Tws . rs: ettt mit_ted for IM [ rift' ma`s wio we i 6t� Ah6fall api► nt . to ctr l3iitt a!i c"h�r�ietlzi tg d is w,`I�eor<fiiarrt� t ';`Gerter ;t+tvt s" C* VjdWn Qrr Efta t4icr o Sit,�f�,tt?a'e3 Ekote:� KGY :'61F PORT woR .4 TPiC' TWO WAY STREET r ig Q LANE CLOSURE 1" Y AdVI� - FlUaLIC� WORK$ �`lote= Sea reverse side forr General Notes and Device Spncin `� PLAN ow S* 06M lions 2 S'' WORK �.—tm-B i c, _ AHEM Rom we 0 e. r iv ° s ARROW BOARD W SPEED LIMi N ° IS sd MPH OR GREATER - f od�fe a � ENO tl x R,CMs ROM WORti ° �,�,....,�» - TWO LANES CLOSEB- N T oldn._ tteod. 14--t l"s ktor4*- -$. m .--,,w.- t.. d! -IV Ind: f'o-oIdl(f13�"�, 10, , . Idl GfY.Ef hOt=0if Fitarin�IiZttf d v# @9 Vatim" "06Ci,droiI+ot"l" G5t $htQWrf Ott; Ofi: 6 4Kjngturs: DOtiV. CITY OF FORT WORTF CONTINUOUS TRANSPORTATION LEFT TURN LANE DETOUR { A. yotw See reverse side for General Notes and Qevice Soocinq. pq T X Rov o t 1is p qn— :is stibmitt;vd for, TGP. ttvrtify .this plan will! be used fvr the Iatlrayring IQt o ntsl N 0 and that; o'ibbbrtnslitin j devides wihtoti &M to "Gen4gr�atNotes'' as shoWn to 'ffte back. 0 5igc�ature� L3at�r CITY, OF FORT WORTH FULL $TREE'T CLOSURE DETOUR ". TI ANSPORTATfON AND Note - PUBLIC WORKS See reverse side for Genergl Notes and Device Soccin i i m m { f eEg6s � i { -1 slum, wrc a. a� a LL .. E � = i a thEs ptbra' is, subnttted #0)- TCI? I ,corttfy rh'ts p{f3 :r►1 t L Foe used for the '£`O! ©r�Fng I4 ;,i�rt S laJ and that a L E chminB'1 F ztng dev. I CttB: r.F L:F.; conf" to> ' General Notes,' as shgwn a+ the back F. a-t gt�o tUt'i Da.tet CITY 13F PORT VC9TH FULL INTERSECTION.CLCIS RE DET`WR - TRANSPORTAT' f IN AM Note= PUUL I: C WORKS See reverse s i de for Genera t Notes and Bev i ce Soac i na t o . I ■ ' 3 • 1l MEQ11ihF Qt S:TMO—Eb LVI' TVR Lam, utr' T;; NCfuo r'OTWor mitt: 0i%`fa W (*,,yeart of age at *ldIat. Yi } miser MOV iVoft of tiny: Ake. 3..:Nod rqr ' mtay sister � r� cr tcxatlway i�� witrl,�? l, & e'd�rsit`�t� ire ,c—. signolis red., 4; ��k11'E rrits.�ts r�,�c rerna}� w�tee�n fQQ �; to less frpt�i< try �tterse�ttcm, QRpEow�?d 5rr C<3nettWtfibrt vests cratbrog.6% Via, current FTOD we fftoedi or ecrch fun4 raiser .Persvm- • , Tame,w'e i ti 14W to, :qrm' ttp hau+r tte%t*'b0$tt .. a o t is pl n is Stltyritiittr~d for Tcp,.. F-eotuy, v iotov.f tse *Od Fbi' We 'fot[q t'r irr#er ear fi[orr Q drill OF, wowk FUND, RAISEP TOP TR NSF00ATION AW Nate: PUP QC- WORKS �AN "FT. pa am Pq Me PM i PM w� an dmh t� BEACONS AND � .. FLASHING LIGHTS. .$: t0aito++as, ao x wQW, CDNMY a M. m Tho Olen is su6mitted for thio.pion will. be uses'} For the faiI ft `lodoti,�n(�3i — m V. analihwt a i <chpnne}i ;n dwiaes VAl CQnTfbtm to 'Goosiral Notes" as shown on the back. ° at+gnptcire: Date CITY.OI=.FORT WORTH MULTILANE STREET - SPEED LIMIT 30 MPH OR LESS TRANSPORTATION. MOBILE. OR SHORT DURATION.: I HOUR OR LESS DAYTIME ONLY AND Notez �.��y �. See" .reverse s1t• tot General Notes and Device Spatting PLA 'M.: �31* A "GENERAL NOTES" t, All dhonr%eliZing:dsvtc0s, shall be irvaccordance with the current edition of the Texas Manual on Unif0rrn Traffic Corilrot Deuces. 4 Ali Traffic Control Devices shall havevorking warning 5 hts,as reqVIrqd in 9 accordance with the current edition of TMUTCD. For Temperary Situations. When it is not feasible tov remove and restore: pavement markings, channelization must be -,,made dominantby using a very, close device -spacing. This is especially. important in locations of conflicting information, such as wherstreta, is directed over a double yellow centerline. In such locations, chamelizino doylice-spaom pjE 10 feet Is required. 4. For Lon a Term Statfortary ' work, 411 conflicting, pavement ma;Wngtt Mus0a Mmavedorid centerline striping, provided where tWoway, traffic Is in adjawo Isirim S. Contractor shall provide sldewakotosuret crosswalk closure andforwalkway bypass. wherever pedestrian movements are affected by construction activities. All sidewalks and crossw,olks shall beaccessible when contractor Is not working unless otherwise approved by the City Traffic Engineer. & The use of trailer mounted ARROW DISPLAYS may be required an all lone closures. The contractor shall provide -one (1) stand-by, unit In good working condition at the job site, ready for u64, if his operation requires 24-hour, a day, closure set-ups and if required., 71 C fly Traffic Engineer. and/.or lnspectommay require additional traffic control devices. TYPICAL TRANSITION LENGTHS AND 14 SUGGEST�D MAXIMUM SPACING OF DEVICE$ Minimum DesirableTaper Suggested Maximum Device Suggested Sign Lengths fL): Feet SR4%tng,, Spacing (Feet) Posted 10' 11 12' On a Taper On a Tangent , "r- Speed Formula* Lane Lane Lane. (Feet) (Feet) MPH Offset Offset Offset 30 j 150 165 180, 30 60-75 120, 35 205 225 245 35, 70-90 160 40 60 265 295 320 40 80-100 240 45 j 450 495 540 45 90A 1.0 32a L=WS 50 Soo 550 600 50 100-1 25 400 *Lw Talper length M feet W= WWh of 60W in 1`40t: S= Posted soeo;l Note: Suffer Zone wilt be 25,feet. (maximum).. LEGEND 0 CF dqvil* Traller Mounted arrow display Flaggor CFO Al, on i MOP r—� PART 6 i TECHNICAL SPECIFICATIONS m m oft i r__] on PART 7 CONTRACTS, BONDS, AND INSURANCE Y 7.1 CERTIFICATE OF INSURANCE 7.2 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION .. LAW .. • 7.3CONFLICT OF INTEREST QUESTIONNAIRE • 7.4 PERFORMANCE BOND -` • 7.5 PAYMENT BOND • 7.6 MAINTENANCE BOND ' . 7.7 CITY OF FORT WORTH CONTRACT 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 insuraDc�cpyerage for all of its employees employed on City of Fort Worth Project No. (0) , II ` Title:e5� Date: STATE OF TEXAS § COUNTY OF TARRANT § ,_)C.i V1C1z5 � Before me, the undersigned authority, on this day personally appeared nA6m C, . �i oW�°�'�known to me to be the person whose name is subscribed to the forefore g strume t, and11ac owledged to me that he executed the same as the act and deed of Vr05irae-nit for the purposes and consideration therein expressed and in the capacity therein stated.—� Given Under My Hand and Seal of Office this 16 day of � 1 1.�.�— , 20 . A TANA STEPHENS 4My Public in and for the to of Notary Public, State of Texas Texas 49 My Commission Expires %fai t:�''� February 07, 2016 Rev 4-15-10 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § Bond #2155580 KNOW ALL BY THESE PRESENTS: That we, (1) ARK Contracting Services. LLC., as Principal herein, and (2) North American Specialty Insurance Company , a corporation organized under the laws of the State of (3) New Hampshire , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of ONE MILLION SIX HUNDRED SIX THOUSAND FIVE HUNDRED SIXTY EIGHT DOLLARS AND NO CENTS ($1,606,568.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of , 20_ a copy of which .is attached hereto and made a .part hereof for all purposes, for the construction of: Sanitary Sewer Rehabilitation Contract 52 Part 2 NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas -Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. I SIGNED and SEALED this I i MM ATT ST: (Ph n-cal) ecretary (SEAL) Witness as to • day of FEB 2 1 201? 20 Ark Contracti Services, LLC PRIN L By: Na e- Steven C. Bowman President Address: 420 S Dick Price Road Kennedale, TX 76060 North American Specialty Insurance Compa SUR TY ATTEST: By: Na Stun Tucker Secretary Attorney in Fact (S E A L) Address: 900 Summit Ave. Ft Worth, TX 76102 let e; AfU Witness as to Surety Telephone Number: 817/336-8520 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. Bond #2155580 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1), ARK Contracting Services, LLC. as Principal herein, and (2) North American Specialty Insurance Companv , a corporation organized and existing under the laws of the State of (3) New Hampshire as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of ONE MILLION SIX HUNDRED SIX THOUSAND FIVE HUNDRED SIXTY EIGHT DOLLARS AND NO CENTS ($1,606,568.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the day of , 20 , which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Sanitary Sewer Rehabilitation Contract 52 Part 2 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this day of A ST: (Princ al cretary (SEAL) Witness as to Principal ATTEST: Secretary (SEAL) �Pfitness as to Surety ,20 . Ark Contijactin ervices, LLC PRINGIPA(L --7 ;Na e: Stem C. Bowman Title: President Address: 420 S Dick Price Road Kennedale, T% 76060 North American specialty Insurance Comp y �J SUR TY By. ' t Na, e: ;teve ucker Attorney in Fact Address: 900 Summit Ave. Ft Worth. T% 76102 Telephone Number: 817/336-8520 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: Bond #2155580 That ARK Contractina Services, LLC. ("Contractor"), as principal, and, North American Specialty Insurance Company a corporation organized under the laws of the State of New Hampshirg ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, {°City) in Tarrant County, Texas, the sum of ONE MILLION SIX HUNDRED SIX THOUSAND FIVE HUNDRED SIXTY EIGHT DOLLARS AND NO CENTS ($1,606,568.00) , lawful money of- the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the of , 20 , a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Sanitary Sewer Rehabilitation Contract 52 Part 2 the same being referred to herein and in said contract as the Work and being designated as project number(s) SEWER P258-70170121987 & P254-70170121987 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) vears; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 1 counterparts, each of which shall be deemed an original, this day of , A.D. 20 eTrGeT Ark Contra tinQ Se es, LLC (SEAL) i Contract I � I By: Secretary ame- Steven Bowman Ti ; President r WITNESS: �- (Sr E A L) R M North American Specialty Insurance Company Surety By: (f/ Nameven4 cker Title: Attorney -in -Fact 900 Summit Ave. Ft Worth, TX 76102 Address NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY t.. GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: W. LAWRENCE BROWN, TRACY TUCKER, KEVIN J. DUNN and STEVEN TUCKER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount o£ FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24d' of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ����`Q�G11wiT'Y,„/�� 10 auuwyq $ C,° rt•':9i . By �reQ tOFPOt�TSG$ Steven P. Anderson, President & Chief Executive Officer or Washington International Insurance Company =• S'l 't$, g W 1973 n & Senior Vice President or North American Specialty Insurance Company im hD O tD: By�lJ David M. Layman, Senior Vice Pre idenfof Washington International Insurance Company as & Vice President or North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th day of September , 2011 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 15th day of September , 20 11 , before me, a Notary Public personally appeared Steven P. Anderson . President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. z .. OFFICIAL SEAT. 0 JILL NELSON I NOTARY PUIUC . STAR OF 6UN X W COitt11S" E>�IitE8.�S43112 D. Jill N , lgon, Notary PuW r. I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Compltaly nand Waslaingfon _ International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of oiij*� Cgivaa by saiilN�Y American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and7effott, • = r IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _ day ofJames A. Carpenter, Vice President & Assistant Secretary of Washington Into rd"ioa hra —Cv O.Cpmpeny &� North American Specialty Insurance Company TUCKER AGENCY, LTD. Bonds and Insurance 900 Summit Ave. Fort Worth, Texas 76102 (817) 336-8520 I North American Specialty Insurance Company Washington International Insurance Company TEXAS CLAIMS INFORMATION IMPORTANT NOTICE ADVISO IMPORTANTE in order to obtain information or make a complaint: You may contact Jeffrey Goldberg, Vice President — Claims at 1-800-338-0753 You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll -free number for information or to make a complaint at: 1-800-338-0753 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 475 N. Martingale Road Suite 850 Schaumburg, IL 60173 Para obtener informacion o pare someter un queja: Puede comunicarse con Jeffrey Goldberg, Vice President — Claims, al 1-800-338-0753 Usted puede llamr at numero de telefono gratis de Washington International Insurance Company and/or North American Specialty Insurance Company's pare informacion o pare someter una queja at: 1-800-338-0753 Usted tambien puede escribir a Washington International Insurance Company and/or North American Specialty Insurance Company at: 475 N. Martingale Road Suite 850 Schaumburg, IL 60173 You may contact the Texas Department of Insurance Puede escribir at Departmento de Seguros de Texas to obtain information on companies, coverages, pare obtener informacion acerca de companies, rights or complaints at: coberturas, derechos o quejas at: 1.800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir at Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: 1512j 475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company and/or North American Specialty Insurance Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 47 5-17 71 Web: httR U LArw.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una dispute concerniente a su prima o a un reclamo, debe comunicarse con el Washington International Insurance Company and/or North American Specialty Insurance Company primero. Si no se resuelve la dispute, puede entonces comunicarse con el Departmento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Este aviso es solo pare proposito de infromacion y no become a part or condition of the attached se converte en parte o condicion del documento document. adjunto. Revised 5/12 475 N. Martingale Road, Suite 850, Schaumburg, IL 60173 CITY OF FORT WORTH. TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the day of A.D., _, by and between the CITY OF FORT WORTH, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and (Contracting Company Name here), ("Contractor") Owner and ARK Contracting Services. LLC. Owner and Contractor may be referred to herein individally as a "Party" or collectively as the "Parties." WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Sanitary Sewer Rehabilitation Contract 52 Part 2 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Water Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Water (Engineering) of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 180 Calender days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $420.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. ., Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv. damage or death is caused in whole or in Part, by the negligence or alleged neelieence of (honer, 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 damare is caused in whole or in part by the neeliQence or alleged negligence 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. i. The Contractor agrees, upon the execution of this Contractor, and before beginning work, to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptable to the requirements of the Chapter 2253 of the Texas Government Code, as Amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of the claimants supplying labor and material in the prosecution of the work. C If the Contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the Owner. D. A Two-year Maintenance Bond in the name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee contained in the Contract - Documents. 8. The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (includinglexcluding) alternates n1a, shall be ONE MILLION SIX HUNDRED SIX THOUSAND FIVE HUNDRED SIXTY EIGHT DOLLARS AND NO CENTS ($1,606,568.00). Q It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Engineering Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the day of mt REC NDED: dN EY. DIRECTOR, DEPARTMENT OF — WATER am mw 95tryl.USjt4& CONTRACTOR . A.U., CITY OF FORT WORTH FERNANDO COSTA, ASST CITY MANAGER ATTEST:✓ a,4-- p a Au kCITYCRETARY (S EAL) BY: i .. TITLE z �ys3 1..) ,D2i. �t � lG� (� � 2 e, TL APPROVED AS TO FORM AND, o L LEGALITY: ADDRESS w A"S'ST. CITY ATTORNEY OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX w MR no no on APPENDICES • 8.1 EASEMENT LEGAL DESCRIPTIOP .. • 8.2A BNSF PERMIT • 8.213 UPRR PERMIT mt .. MR SANITARY SEWER REHABILITATION, CONTRACT LII (52) BASIN M-170, L-4195 PART 1 PARCEL # 01 DOE # 3763 5400 VAN NATTA LANE LOT-1,2,3,4,5,6, BLOCK- 12, FORTY OAKS ADDITION AEA #-3-1(6 3 - -.- STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT DATE: MAY 6, 2008 GRANTOR: County of Tarrant, Tarrant County Regional Water Hospital District, Tarrant County College District, Independent School District GRANTOR'S MAILING ADDRESS (including County): 1000 Throckmorton St Fort Worth, Tarrant County TX 76102 c. _ -,-71 District #I- JPS and tort Worth GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a tract of land, situated in the Clairborne Johnson Survey, Abstract No. 872, City of Fort Worth, Tarrant County, Texas, being a part of Lots 1-6, Block 12, Forty Oaks, an addition in the City of Fort Worth, as shown on plat recorded in Volume 388-1, Page 40, Plat Records of Tarrant County, Texas, and being part of the tract of land conveyed to the City of Fort Worth, as described by deed recorded in Volume 14822, Page 268, Deed Records of Tarrant County, Texas, and being more particularly described in Exhibits "A", "B", "C" and "D". Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and across a portion of the property and more fully described in Exhibits "A" and "B", attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility; and a temporary construction easement, as described in Exhibits "C" and "D", attached hereto and made a part PERMANENT SEWER FACILITY AND TEMPORARY CONSTRUCTION EASEMENT 1 Rev. 712006 hereof, -to use in connection with the construction of said Facility, said temporary construction easement to expire upon completion of construction and acceptance by Grantee of said Facility or on December 31, 2010 , whichever date occurs sooner. In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete drivewayor road on the Property. Grantee shall be obligated to restore the surface of the property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above -described permanent easement, together with, all and singular, the rights and appurtenances thereto in anywise belonging, unto said Grantee, its successors and assigns, forever, without express or implied warranty. All warranties that might arise by common law as well as the. warranties in section 5.023 of the Texas Property Code (or its successor) are excluded. TO HAVE AND TO HOLD the above described temporary construction easement, together with, all and singular, the rights and appurtenances thereto in anywise belonging, unto said -Grantees--its-successors- and assigns-,forever,-vwthout express- or -implied -warranty. Alf - warranties that might arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are excluded. When the context requires, singular nouns and pronouns include the plural. HERETO WITNESS MY HAND this the �'tiay of , 20 0*. GRANTOR: City of Fort Worth, Acting as Trustee for itself and on behalf of County of Tarrant Tarrant County Regional Water District No 1 (Tarrant Regional Water District) JPS Hospital District (Tarrant County Hospital District) 4 Tarrant County College District Fort Worth Independent School District APPROVED AS TO FORM AND LEGALITY: a-1 Assistant City Attorney CITY OF FORT WORTH ,;;,Z � J6��/ Fernando Costa, Assistant City Manager PERMANENT SEWER FACILITY AND TEMPORARY CONSTRUCTION EASEMENT 2 Rev. 7/2006 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on ' this day personally appeared Fernando Costa, Assistant City Manaqer for the City of City of Fort Worth 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 of the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of AD 2008. HE -ME LANE *: *' My COMMISSION EXPIRES • ;+ Jury26,2011 Notary ublic, State of Texas FP ,; HERETO WITNESS MY HAND this the _lgwday of , 2008. w W& GRANTOR (S): Count of Tarrant B. Glen Whitley, County Ju APPROVED AS TO FORM:* 4l i iam . iggins Assistant Crimina vistrict Attorney * By law, the Tarrant County Criminal District Attorney's Office may only advise or approve contracts and other legal forms on behalf of its clients. It may not advise or approve contracts or other legal forms on behalf of other parties and/or entities. Our review of the attached legal forms was conducted solely from the legal perspective of our client, Tarrant County and the Tarrant District Clerk. Other parties and/or entities should not rely on the attached forms without seeking review and approval by their own respective attorney(s). THE STATE OF TEXAS § COUNTY OF TARRANT § ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared B. Glen Whitley, County Judge, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same �. was the act of B. Glen Whitley and that he/she executed the same as the act of said County of Tarrant for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2008. = GRACE C. RHODEN Notary Public in and for the State of Texas Notary Public STATE OF TEXAS �F W Comm. Up. 02/28/ O PERMA TRUCTION EASEMENT 3 Rev. 712006 HERETO WITNESS MY HAND this the '7day of�' t, 2041 GRANTOR (S): Tarrant County Water District #1 Steve Christian, Director of Real Property THE STATE OF TEXAS § COUNTY OF TARRANT § ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Not?ry Public in and for the State of Texas, on this day personally appeared }R S e--g&an,,+Lakj , known to me to be the same person whose name is subscribed to the foregoinginstrument, and acknowledged to me that the same was the act of T2"aa.s}- Qa;W' *.sdu1<adtrDt and that he/she executed the same as the act of said "I Prop Dn.ec r the purposes and consideration therein expressed and in the capacity tin stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this —1—tK day of ,ao 1� 2007 . �����auln►+�r� 4k�AY PIJ4;;11 \ Notary Public in and for the State of Texas M&a, I BATE .. AGENT.* � D013.0 JI ( 3 PERMANENT SEWER FACILITY AND TEMPORARY CONSTRUCTION EASEMENT 1 Rev. 7/2006 Jill Griffin, Land Agent City of Fart Worth Transportation and Public Works D.;,t,a.bwk Right of Way and Easements 8851 Camp Bowie Blvd Wcst 3rd Floor Fort Worth, Texas 76116-6085 No I" HERETO WITNESS MY HAND this the day of __0 CkoLfif� , 2010%. GRANTOBAS)� Tarra ounty Hospital District THE STATE OF TEXAS § COUNTY OF TARRANT § ACKNOWLEDGMENT ive Vice President-& COO -- BEFORE ME, the undersigned author y, a Notary Public in and for the State of Te s, -� on this day Oco r 20Q� personally appeared o N 5+L4 r-s known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Arr4W � C(3u rv+j Wosp .-I I'A. that he/she executed the same as the act of said TL-A rI the purposes and consideration therein expressed and in the capacity therein stated. _ GIVEN MY HAND AND SEAL OF OFFICE this } day of �c��NDER tr 20"_. ,•��..►.,'+s DELYNNA J. POST _. 4n Notary Public, State of Texas YY My Commission Expires Notary Falic in a or the State of Texas Y !M July 30, 2011 PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev 7/2006 HERETO WITNESS MY HAND this the day of �� , 2008. THE STATE OF TEXAS § COUNTY OF TARRANT § TO/RR((S): Tarrant County College District RGonzales, Vice Chancellor �y ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared RuAi V. Gor)Za-lcS , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of 7-6tirralf Cx, Colley I7is�►;c+ and that he/she executed the same as the act of said Cbde�e 114rist the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Mora., , 20 08 . tp�WA PRANCES R. GUAJAR O Notary Public * ' STATE OF TEXAS ; Notary Public in and for the tate of Texas My Cww. Exp. h 12010 PERMANENT SEWER FACILITY AND TEMPORARY CONSTRUCTION EASEMENT 1 Rev. 712006 HERETO WITNESS MY HAND this the / b day of . -(/ f✓C , 20 o k. GRANTOR (S): Fort Worth Ind ndent School District Theophlous A. Sims, Presiding Officer THE STATE OF TEXAS § COUNTY OF TARRANT § ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Io nc ,& Sirs , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Y'aRr W6,vh sse and that he/she executed the same as the act of said r,,er Ir-.c-D the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this f d day of . i✓v,v E , 20�. O�PPY p < GAYLE L. WILLIAMS * Notary Public /0-t--alr�yvtublic in and for the State of Texas 9 STATE OF TEXAS MY Comm, Exp. 08/07/2008 u evv w a V v'vwv vvdv yvvvvvw.,4 vwv� wv� M & C: DATE . DOE# 3��3 A(3EN't"� Jill Griffin, Land Agent City of Fort Worth Transportation and Public Works Department Right of Way and Easements 8851 Camp Bowie Blvd West 3rd Floor Fort Worth, Texas 76116-6085 PERMANENT SEWER FACILITY AND TEMPORARY CONSTRUCTION EASEMENT 1 Rev.7/2006 i L-4195 EXHIBIT A I PERMANENT SEWER LINE EASEMENT +� Being -a 0.091--acre-tract - of- land- situated -in -the- Clairborne--Johnson-Survey; Abstract No. 872, City of Fort Worth, Tarrant County, Texas, being a part of Lots 1-6, Block 12, Forty Oaks, an addition in the City of Fort Worth, as shown on plat recorded in Volume 388-I, Page 40, Plat Records of Tarrant County, Texas, and being part of the tract of land conveyed to the City of Fort Worth as described by deed recorded in Volume 14822, Page 268, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a 1/2 inch iron rod with a cap found on the west right of way line of Grandview Drive (50 feet right of way), same being on the south right of way line of Van Natta Lane (50 feet right of way), and also being on the northeast corner of Lot 8, Block 12, of said Forty Oaks Addition; Thence South 90°00'00" West, departing said west right of way line, along said south right of way line same being the north line of Block 12 of said Forty Oaks Addition, a distance of 208.48 feet to a 3/8 inch iron rod found at the common corner of Lots 5 & 6, Block 12, of said Forty Oaks Addition; Thence South 90000'00" West, continuing along said south right of way line, a distance of 323.60 feet to a point on the east right of way of Emily Drive (50 feet right of way); Thence South 00°09'00" East, departing said south right of way line, along said east right of way line, same being the west line of Lot 1, Block 12 of said Forty Oaks Addition, a distance of 109.78 feet to the Place of Beginning; Thence departing said east right of way line, over and across said City of Fort Worth tract, the following courses and distances: North, 85°32'46" East, a distance of 236.52 feet to a point for corner; South 44°00'09" East, a distance of 39.75 feet to a point on the north line of Block B of said Forty Oaks Addition, from which a common corner of Lots 6 & 7, Block 12 of said Forty Oaks Addition bears North 90°00'00" East, 96.09 feet; Thence South 90'00'00" West, along said north line of Block B, a distance of 13.90 feet to a point for corner; Thence departing said north line of Block B, over and across said City of Fort Worth tract, the following courses and distances: L:IL DT\FT W 02238-NEW %d ocs120081e smt_4195_exh-1. doc A North 44°00'09" West, a distance of 25.38 feet to a point for. corner; South 85'32'46" West, a distance of 232,56 feet to a point on the east right of way line of said Emily Drive; Thence— North 00°09'00" West -along said- east right of- way- line-9 a distance of 10.03 feet to the Place of Beginning, and containing 0.091 acres of land, more or less. ,� L:\LDTTTW02238-NEW\docs\20081esmt-4195—exh-l.doc R EXHIBIT B En O p � 1 . 0 :CO- O -Mr-m O D Zn-+ iZrnp to _ z VAN NATTA LANE S 90-00*00" W 208.48' S 90.00'00" W 323.60' N FORTY OAKS 5 r VOL. 388-I, PG. 40 • P.R.T.C.T. r+i m Z �0 LOTS 1-6. BLOCK 12 CITY OF FORT WORTH 2 VOL. 14822. PG. 268 D. R. T. C.T, 0.135 ACRE 3 20' TEMPO RARY CONSTRUCTION :ASEMENT -20' �� ll 4 n 091 ACRE N 44'00'09" W 10' PERMANENT SEWER LINE 25.38' S 9013.900' W LOT 1 EASEMENT N F LOTS 1 &2, BLOCK B MARLIN R. do MAGGIE HINSHAW VOL. 8419 PG. 441 D.R.T�.T. LOTS 1 &2, BLOCK B FORTY OAKS VOL. 388-86, PG. 9 P.R.T.C.T. LOT 2 REMAI DER 0 BLOCK B HICKSVILLE PROPERTIES VOL. 7735, PG. 340 FORTY OAKS D.R.T.C.T. �gVE VOL. 388-I, PG. 40 5 V P.R.T.C.T. 500 so B 2 10 00S ACT 0. C' ABS'Vg, NOTES: 1. Bearings shown hereon are based on the south right of way line of Van Natto Street some being the north line of Block 12. of Forty Oaks Addition recorded in Vol. 388-I, Pg. 40, P.R.T.C.T., being North 90'00'00" East. 0 2. Integral parts of this survey: a. Legal Description b. Sketch EAsr cASTER A pE�,UE of r~� M, �Q �,� S T E 9 �Lp pared By: ." ;iEPHEN H. 903ERSON December 17, 2003 --9 ,0� air Date: 0 25 50 100 SCALE: 1 " = 50' 0.091 ACRES 10" PERMANENT SEWER LINE EASEMENT Situated in the CLAIRBORNE JOHNSON SURVEY ABSTRACT NO. 872 Tarrant County, Texas TEAGUE NALL AND PERKINS c e x s a t r r x e e s e i x s s e s 1 1 0 0 Macon Street Fort Worth, Texas 7 6 1 02 ( 8 1 7) J 3 6- 5 7 7 J JOB NO. FTW 077'tA L-4195 Exhibit " C" TEMPORARY CONSTRUCTION EASEMENT Being a 0.135 acre tract of land, situated in the Clairborne Johnson Survey, Abstract-No.-872,_C4 of Fort_ Worth, -Tarrant County,_Texas, being -a part -of Lots 1-6, Block 12, Forty Oaks, an addition in the City of Fort Worth, as shown on plat recorded in Volume 388-I, Page 40, Plat Records of Tarrant County, Texas, and -- being part of the tract of land conveyed to the City of Fort Worth as described by deed recorded in Volume 14822, Page 268, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a 1/2 inch iron rod with a cap found on the west right of way line of Grandview Drive (50 feet right of way), same being on the south right of ow way line of Van Natta Lane (50 feet right of way), and also being on the northeast corner of Lot 8, Block 12, of said Forty Oaks Addition; �* Thence South 90°00'00" West, departing said west right of way line, along said south right of way line same being the north line of Block 12 of said Forty Oaks Addition, a distance of 208.48 feet to a 3/8 inch iron rod found at the common *■ corner of Lots 5 & 6, Block 12, of said Forty Oaks Addition; --___- - ---.__.---Thence Sour90'mWOt)'West, -cuntftutng- along-bdid buuth ;glih-of way line, -a- *" distance of 323.60 feet to a point on the east right of way of Emily Drive (50 feet right of way); Thence South 00°09'00" East, departing said south right of way line, along said east right of way line, same being the west line of Lot 1, Block 12 of said Forty Oaks Addition, a distance of 89.72 feet to the Place of Beginning; Thence departing said east right of way line, over and across said City of Fort Worth tract, the following courses and distances: North 85°32'46" East, a distance of 244.44 feet to a point for corner; " South 44000'09" East, a distance of 68.48 feet to a point on the north line of Block B of said Forty Oaks Addition, from which a common corner of Lots 6 & 7, Block 12 of said Forty Oaks Addition bears North 90°00'00" East, 68.29 feet; Thence South 90°00'00" West, along said north line of Block B, a distance of 27.80 feet to a point for corner; ,. Thence departing said north line of Block B, over and across said City of Fort Worth tract, the following courses and distances: �„ L:1LDT\FTW02238-NEW\docs\2008\esmt 4195_exh-t.doc I I North 44°00'09" West a distance of 39.75 feet to a point for corner; p , 1 South 85032'46" West, a distance of 236.52 feet to a point on the east right of way line of said Emily Drive; G] Thence North 00°09'00" West, along said east right of way line, a distance of 20.06 feet to the Place of Beginning, and containing 0.135 acres of land, more or less. L:kLDTAFTW02238-NEW\docsVO08%esmt 4195 exh-1.doc Ei ibit "D" VAN NATTA LANE • S 90'00'00" W 323.60' .,. LOTS 1-6, BLOCK 12 W CITY OF FORT WORTH 2 VOL. 14822, PG. 268 O . D.R.T.C.T. O N cn 1 0.135 ACRE 3 bb 20' TEMPO ARY O CONSTRUCTION ASEMENT to N 00'09'00" W " 2-44.44' 20.06' N 85032 46 �.E . -;2 416- aw G•i D z 1T' zo ow c> -1 4M 4M tm i S 90'00'00" W 208.48� 4 FORTY OAKS VOL. 388—I, PG. 40 P.R.T.C.T. 20' , N 41Cuu�09'�" W 0.091 ACRE - 10 39.75' 10' PERMANENT SEWER LINE EASEMENT REMAINDER OF LOT 1 BLOCK B HICKSVILLE PROPERTIES FORTY OAKS VOL. 7735, PG. 340 LOTS 1 &2, BLOCK B MARLIN R. & MAGGIE HINSHAW VOL. 8419, PG. 441 D.R.T.C.T. LOTS 1 &2, BLOCK B r� FORTY OAKS r--c VOL. 388-86, PG. 9 P.R.T.C.T. LOT 2 L.9 cASTEA D.K.T.C.1. 5 S 44'00'09" E 68.48' 20' '---/ 96.09' % S 90000,00" W 27.80' `o VOL. 388-1, P.R.T.C.T. G. 40 sY t 'v�i� 0�lv�O 1y8� 2 Ig'� ogT ACi o lJ CIANBCg NOTES: 1. Bearings shown hereon are base on the south right of way line o Van Natto Street same being the north line of Block 12. of Forty Oaks Addition recorded in Vol. 388—I, Pg. 40, P.R.T.C.T., being North 90'00'00" East. 2. Integral parts of this survey: a. Legal Description b. Sketch .� OF T epared By: : �' o , STEPhIEN H. ROBERSON December 17, 2003........... ......................... . :9 4090 Date: do su�v�� ' n r> r-DrO �Ox' �comw � ''Dco nJr-rp oo 0 �Z- 6) z W woo ��� co�N Vim- r d 0 25 50 100 f SCALE: 1 " = 50' 0.135 ACRES 20" TEMPORARY CONSTRUCTION EASEMENT Situated in the CLAIRBORNE JOHNSON SURVEY ABSTRACT NO. 872 Tarrant County, Texas TEAG UE NAU AND PERKINS Q e 1 e e L T I 1 e / 1 e I U l l a e 1 1 0 0 Macon Street F o r t Worth, Texas 7 6 1 0 2 ( 8 1 7) 3 3 6— 5 7 7 3 JOB NO. FTW 02238 CITY OF FORT WORTH �•,��u 8851 CAMP BOWIE BLVD 3RD FLOOR FT WORTH TX 76116 Submitter: CITY OF FORT WORTH/RIGHT OF WAY AND EASEME SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE .. 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. an Filed For Registration: 11/0512008 01:10 PM Instrument #: D208417286 E 9 PGS $44.00 on By: IIIII(1IN 11111111111111111111 D208417286 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: MV --" W QV CITY OF FORT WORTH SANITARY SEWER REHABILITATION, CONTRACT LII (52) BASIN M-170, L-6270 D.O.E. NO. 3763, PS58-070580175070 STATE OF TEXAS § COUNTY OF TARRANT § PERMANENT SEWER LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT DATE: June 14, 2004 GRANTOR: Fort Worth ISD GRANTOR'S MAILING ADDRESS: 100 N. University Dr. Fort Worth, Texas 76107 GRANTEE: City of Fort Worth GRANTEE'S MAILING ADDRESS: 1000 Throckmorton Street Fort Worth, Texas 76102 Tarrant County CONSIDERATION: One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: 'rract A — R, High School Addition, Cab. A, 3L. 8702, P.R. f.C.T., James S. Mart;n Survey, ABS. No. 1133 GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby grants, sells, and conveys to GRANTEE, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility ("Facility) such Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, and pipelines junction boxes in, upon, under and across a portion of the Sewer Line Easement & Temporary Construction Easement Revised 6.02.04 1hr�aAN 1I4URI AND Co? CopyF ORIGINAL OF FILED INO TARRANT COUNTY, T SUZANNE HENDERSON, COUNTY CLERK Pq I 1 PROPERTY and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter PROPERTY, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Permanent Facility; and a temporary construction easement, As described in Exhibit "B", attached hereto and made a part hereof, to use in connection with the construction of said Facilities, said temporary construction easement to expire upon completion of construction and acceptance by GRANTEE of said Facilities. In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit, however, Grantor shall be permitted to maintain the concrete driveway and road that currently exists on the Property. Grantee shall be obligated to restore the surface of the PROPERTY at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surfacr; improvements located upon or adjacent to the Easement Tract which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above -described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto GRANTEE, and GRANTEE's successors and assigns forever; and GRANTOR does hereby bind itself and its successor and assigns to WARRANT AND FOREVER DEFEND all and singular the easement unto GRANTEE, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the_pMral. Sewer Line Easement & Temporary Construction Easement Revised 6.02.04 GRANT GRAN EE Fernand® CostNianager Assistant City APPROVED AS TO FORM ANIQ LEGALITY: AS ISTANT CITY ATTORNEY RAN,. iY TRUE ANt) CORRECT COPY OF ORIGINAL NECOAD FILED IN TARRANT COUNTY, TEXAS: CLERK y I/�� 111 ti SUZANNE HENDERSON, COUNTY o� s� ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared G(/+ ,'A rn H. /6 E N l e 9- , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Pf e j * o E,vr and that he/she executed the same as the act of said Fr w Zsfl /30.4 e D for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this o� � � day of , 2004. o�A GAYLE L. WILLIAMS Notary Publicall STATE OFTExA3 No ry Publ' in and for the State of Texas My Comm. Exp. 08/07/2008 STATE OF TEXAS § � J J COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared fiSiZ(/,4VZo dvsro# , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of emr &"66 and that he/she executed the same as the act of said ei� v-f )*4/- 04�A for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this W/ 7'A, day of PATSY COX f MYCOMMlssloriEVIRES Notary Publi f n and for the State of Texas 20, 2M _ Sewer Line Easement TRUE ANU coRRECT COPY OF & Temporary Construction Easement I TARRANT N T RECORD Y, TEXAFILEDS: : TARRANT COUNTY, TEXA9: Revised 6.02.04 y�o� � SUZANNE HENAERSON, COUNTY CLERK ' L-6270 EXHIBIT A UTILITY EASEMENT Being a 0.070 acre tract of land, situated in the James B. Martin Survey, Abstract No. 1133, City of Fort Worth, Tarrant County, Texas, being part of the tract of land conveyed to Fort Worth Independent School District, of Tract A-R, High School Addition, in the City of Fort Worth, as shown on plat recorded in Cabinet A, Slide 8702, Plat Records of Tarrant County, Texas. Said 0.070 acre tract of land being more particularly described by metes and bounds as follows: Commencing at a 1/2 inch iron found on the southwest corner of Lot 5-A, Shelton Subdivision, an addition in the City of Fort Worth, as shown on plat recorded in Volume 388-93, Page 541, Plat Records of Tarrant Qa inty, Iexas; Thence North 01 °45'00" East, along the west line of said Lot 5-A, same being on the east line of said Tract A-R, a distance of 15.01 feet to the Place of Beginning; Thence departing said common line, over and across said Tract A-R, the following courses and distances: North 89°46'00" West, a distance of 15.01 feet to a point for corner; North 01 °45'00" East, a distance of 202.39 feet to a point on the south right of way line of Shelton Street (a 60 feet right of way); Thence South 89°24'00" East, along said right of way line, a distance of 15.00 feet to a point for comer; Thence South 01 °45'00" West, departing said right of way line, along on the common line of said Lot 5-A, and Tract A-R, a distance of 202.30 feet to the Place of Beginning, and containing 0.070 acres of land, more or Imo. CWQ H. ROBERSON 4000 i6 rt r z - Z2- o3 ' ��tir�A�NTc TRUE AND CoARECT COPY OF ¢� ORIGINAL RECORD FILED IN TARRANT COUNT`. TEXAS: M Y2�o� Sd+�Y SUZANNE HENDERSON, COUNTY CLERK L:\LDDTTW02238\cad\survey\esmt\esmt-6207—exh-l.doc --------- -- - - FORT WORTH INDEPENDENT SC P L DISTRICT EXHIBIT B CITY OF FORT WORTH, TARRANT COUNTY, TEXAS SHELTON SUBDIVISION TRACT A—R VOL. 388-15, PG. 303 HIGH SCHOOL ADDITION MJ� P.R.T.C.T. _ — ^ — — — — CAB. A, SL. 8702 _ LOT P.R.T.C.T. — — — — — — l� woo LOT 4—C 4—D (ABANDONED BY ORDINANCE NUMBER 8104) Q 9 0 5/8"IRF S�Cali EL l( ON STREE � Q (60' ROW) — S 89'24'00" E SSNrli EL TON STREET 15.00' (so' Row) ------------------ --� 5 'J LOT 5—A pPE�F\\E05, �y GOr,ON•c'OU 20' // VOL.. L388-93 DPG.SHETON 541 ON .. P►r+r P\o�A�Nt �E�P LOT 5-8 NP.R.T.C.T. .. I \ VERNON GL IN OvoL. 820, PG. 459 NOTES: ti-C4 D.R.T.C.T.\/C4 1 N N 1. Bearings shown hereon are based on the south 0.070 ACRE W �right of way line of 1" ' 3 15' LMUT'Y Shelton Street some �jbeing the north line of Na o �' o EASEMENT Lot s—A, of Shelton Lo,� jn Subdivision recorded in Vol. 388-93, P . 541, 0.093 ACRE :-- �, P.R.T.C.T., being TEMPORARY N South 89*24' East. CONSTRUCTION EASEMENT �2. Integral parts of this / PLACE OF survey: BEGINNING a. Legal Description b. Sketch , N 01'45'00" E 15' UTILITY _ _ 15.01 ' 1 ' UTILITY EASEMENT _—,—__ _— _------ 5 L EASE E T -- CAB. A, SL. 8702 VOL. 388-93, PG. 541 5 P.R.T.C.T. P.R.T.C.T. N 89*46'00 W 15.01' 1/2"IRF PLACE OF COMMENCING 0 25 50 100 `1 SCALE: 1 " = 50' Pre red By: December 22, 2003 Dote: 1 FORT WORTH INDEPENDENT SCHOOL DISTRICT CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TRACT A—R HIGH SCHOOL ADDITION CAB. A, SL. 8702 P.R.T.C.T. UX 1U AcKL5 15' lJT M EASEMENT' Situated in the JAMES B. MARTIN SURVEY ABSTRACT NO. 1133 Tarrant County, Texas I TEAG UE NALL AND PERKINS 1100 Alacon Street Fort Worth, Texas 7 8 1 0 2 ( 8 1 7) 3 3 8— 5 7 7 3 L:\LDD\FTW02738\cad\survey\esmt\esnit- 6207_exh-1 dwa JOB NO. FTW 02238 By: rr r•►i�a CITY OF FT WORTH a RIGHT OF WAY & EASEMENT TEAM e►►`�. • ' �+ `+ °}+sv►a rd 8851 CAMP BOWIE BLVD 3RD FLR FT WORTH TX 76116 Submitter: CITY OF FORT WORTH/RIGHT OF WAY AND EASEME SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 10/06/2008 02:02 PM Instrument #: D208382449 E 6 PGS D208382449 $32.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: BD tiPPR4ryr TRUE AND CORRECT COPY OF C" OR{pINAL RECORD FILED IN w K TARRANT COUNiY, TEXAS' SUZANNE HENDERSON, COUNTY CLE:R y�Op 9 1r*R r oa A CERTIFIED COPY, a S ATTEST: ��i _ , 20 SUZANNE HENDERSON, County Clerk rant o�unty, Texas BY: Deouty w I Tarrant Appraisal District Real Estate ,3 10/02/2009 Account Number: 01784374 Georeference: 26200--10-11 Property Location: 1000 Benton Ave, Fort Worth Owner Information: Throckmorton, Kenneth Etux M 2329 Goldenrod Ave Fort Worth Tx 76111-1612 2 Prior Owners Legal Description: Milner & Cook Addition S76' Lt 10 Taxing Jurisdictions: 026 City of Fort Worth 099 Regional Water District 220 Tarrant County 224 Tarrant County Hospital Dist ` 225 Tarrant County College Dist 905 Fort Worth ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the accourd as actualy carried in TACrs database. Certified Values for Tax Year 2009 j 1 Land im�r 12009 Total"*{ 1 Market Value l $3,500 0 $3,500 ! Ap raised Value ' L$3,500 $0 11 $3,500 Approximate Size `*� _ _ 0 1 Land Acres 0.00W Mel I Land SgFt 1 01 Appraised value may be less than market value due to "e-mandated limitations on value increases A zero value indicates that the property record has not yet been completed for the indicated tax year .« Rounded ~' 5-Year Value History I Tax YealjXMPTJ Appraised i.andd Appraised Appraised Total Market land Market Intpr Market Total 2009 i! 000 j 53,50 S $3,500 S3.5 So $3,5 2007 1 000 S3,5 $1 $3,500 $3,5 so $3,5" f 2005 000 $3,5 $1 $3,500 S3,0�0 0 $3,5" 2009 Notice Sent: 04/30/2009 Protest Deadline: 06/01/2009 Exemptions: None Property Data Deed Date: 08/06/1984 Class: 000 _ Deed Vol: 007911 State Code: C 1 Res Vacant Deed Page: 1764 Garage Bays: 00 Year Built: 0000 Central Air: N Pet Complete: 100 Central Heat: N TAD Map: 2078 384 Pool: N MAPSCO: 079K Agent: None CITY OF FORT WORTH 8851 CAMP BOWIE BLVD 3RD FLOOR """ �`;i **•"`*,if' FT WORTH TX 76116 Submitter: CITY OF FORT WORTH/RIGHT OF WAY AND EASEME SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11105/2008 01:10 PM Instrument #: D208417286 E 9 PGS $44.00 By: I IIIIIII IIII ����� illil Iliii ����� Iilii III1I 11111111111111 IN D208417286 - ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: MV SANITARY SEWER REHABILITATION, CONTRACT LII (52) BASIN M-170, L-2370 PART 1 PARCEL # 03 DOE # 3763 1000 BENTON AVENUE S 76' LOT 10, BLOCK-, MILNER & COOK ADDITION STATE OF TEXAS § § COUNTY OF TARRANT § a,EA # 3'l � 3 - 3 KNOW ALL MEN BY THESE PRESENTS ALAMO -n ! LE C;0,j',APANY � J _ CITY OF FO{tT WORTH G�,�UOo� i99 ?3 "-1 S'�PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT DATE: JUNE 1, 2009 GRANTOR: KENNETH R AND MARY 1$THROCKMORTON GRANTOR'S MAILING ADDRESS (including County): 2329 GOLDENROD AVENUE FORT WORTH, TARRANT COUNTY, TX 76111-1612 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a portion of a tract of land, situated in the George N. Butt Survey, Abstract No. 117, City of Fort Worth, Tarrant County, Texas, being a part of the South 76 feet of Lot 10, - Milner -Cooke Addition, an addition in the City of Fort Worth, as shown on plat recorded In Volume 3884, Page 385, Plat Records of Tarrant County, Texas and being part of the tract of land conveyed to Kenneth R. Throckmorton and Mary S. Throckmorton as described by deed recorded In Volume 7911, Page 1764, Deed Records of Tarrant County, Texas, and being more particularly described In Exhibits "A", "B" and "C". Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 7!' M perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and across a portion of the property and more fully described in Exhibits "A" and "B", attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility; and a temporary construction easement, as described in Exhibits "C" and "D", attached hereto and made a part hereof, to use in connection with the construction of said Facility, said temporary construction easement to expire upon completion of construction and acceptance by Grantee of said Facility. In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fends or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. The Grantee will not construct a permanent fence around the Permanent Sewer Facility Easement TO HAVE AND TO HOLD the above -described permanent easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever, and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. TO HAVE AND TO HOLD the above described temporary construction easement, together with, all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns until the completion of construction and acceptance by Grantee. Grantor hereby bind themselves, their heirs, successors, and assigns, to warrant and defend, all and singular, said easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. See Addendum attached hereto and incorporated herein by reference. In the event of a conflict between the Addendum and this easement, the provisions of the Addendum shall control. PERMANENT SEWER FAC1Lr Y EASEMENT AND TEMPORARY CONSTRUCTCN EASEMENT Rev. 712006 GRANTOR: GRANTEE: City of Fort Worth rt Kenneth R and Mary B. Throckmorton Uh mo n Fernando Costa, Assistant City Manager Mary � roc` , morton APPROVED AS TO FORM AND LEGALITY I �-o ti �- 4'�' -�� Melinda Ramos, Assistant City Attorney after recording return to: City of Fort Worth Transportation and PW Dept. Right -of -Way & Easements 8851 Camp Bowie Blvd. West 3rd Floor Fort Worth, TX 76116-6085 PERMANENT SEWER F fUrY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 712006 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Kenneth R Throckmorton, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I day of 6e- p nn be.r- . 20-0j R GINA A.lMANGHAM f ' MY COMMISSION EXPIRES APRfL 10, �013 I STATE OF TEXAS § COUNTY OF TARRANT § Notary public in and for the Sta a of Texas ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mary I. Throckmorton, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act Of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of a1P,mbPr , 20 U9 REGINA A. MANGHAMt`- MY COMMISSION EXPIRES APRI(. 15, 2013 Notary u�n and for the State of Texas PERMANENT SEWER FAVOTY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 7r2M ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this O�-1 day of J , 20Q'. ,. �t.a MARIA S. SANCHEZ a�b NOTARY PUBLIC 4 STATE OF TEXAS ' E 0, ��' My Comm. Up.12-14-2009 "- 'NoteVy Public i and for the State r Texas PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 712006 ADDENDUM This Addendum to the foregoing City of Fort Worth Permanent Sewer Facility Easement and a Temporary Construction Easement (the "Easement*) modifies the Easement as follows: Notwithstanding any provision in the Easement to the contrary: The Grantor agrees to allow the Grantee (City of Fort Worth) to install a new tap at a location of Grantors choosing provides it meets all applicable plumbing codes at no cost to the Grantor. GRANTOR: K neth hrwckmorton `Mlary Q. o Orton GRANTEE: City of Fort Worth Fernando Costa, Assistant City Manager APPROVED AS TO FORM AND LEGALITY -N J��)-VA Assistant City Attorney PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev.7r2006 L-2370 EXHIBIT A PERMANENT SEWER LINE EASEMENT Being a 0.089 acre tract of land, situated in the George N. Butt Survey, Abstract No. 117, City of Fort Worth, Tarrant County, Texas, being a part of the South 76 feet of Lot 10, Milner -Cooke Addition, an addition in the City of Fort Worth, as shown on plat recorded in Volume 388-1, Page 385, Plat Records of Tarrant County, Texas, and being part of the tract of land conveyed to Kenneth R. Throckmorton and Mary B. Throckmorton as described by deed recorded in Volume 7911, Page 1764, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a 60-D nail inside of a 1 inch iron pipe found on the north right of way line of Handley Drive (a variable width right of way), same being on the west right of way line of Benton Street (a variable width right of way), also being on the southeast corner of the Revision of Lot 14, Milner -Cooke Addition, an addition in the City of Fort Worth, as shown on the plat recorded in Volume 388- H, Page 293, Plat Records of Tarrant County, Texas; Thence departing said north right of way line, along said west right of way line, the following courses and distances: North 00000'00" East, a distance of 286.00 feet to a point for corner; North 90000'00" East, a distance of 10.00 feet to a point for corner; North 00000'00" East, a distance of 211.00 feet to the Place of Beginning; Thence departing said west right of way line, over and across said South 76 feet of Lot 10, the following courses and distances: North 90°00'00" West, a distance of 257.50 feet to a point for corner; North 00000'00" East, a distance of 15.00 feet to a point for corner on the north line of said South 76 feet of Lot 10; Thence North 90000'00" East, along said north line, a distance of 257.50 feet to a point for corner on the west right of way line of said Benton Street; Thence South 00000'00" West, along said west right of way, a distance of 15.00 feet to the Place of Beginning, and containing 0.089 acres of land, more or r less. L:\LDT\FTW02238-NEW\docs\2008\esmt-2370—exh-l.doc EXHIBIT B 0 25 50 100 I INGORGE N. BUTT SURVEY • ABSTRACT N0. 117 ' LOT 7 AND SCALE: 1 = 50' W (N 74') LOT 10 a C' MILNER-COOKE ADDITION er �w X W 00 z w N BENINA VALDEZ 3 a -jo L o: 944 BENTON AVENUE p LLJ N X Q 0.089 ACRE o Z U) ** N'3 a oa. 15' PERMANENT SEWER LINE o vi l v_ o EASEMENT o o . N90.00'00"E 257.50' N N z ��� N90'00'00"W 257.50' 0 0 ago (( 7 ��(�T rn o M—-RENNEM X� t 4Z UKIUN 0 z v3 a AND MARY B. THROCKMORTON 2Q — 0.1 18 ACRE ,1, z a a a ► VOL. 7911, PG. 1764 20' TEMPORARY CONSTRUCTION 0 z W c� Y 6 D.R.T.C.T. .50 Q M-� 0 1 M ►- EASEMENT a m at � n � o u' MILNER—COOKE ADDITION I N_j •- I J^ O C J J ^) +Q W O O L.J 10 o = C;d (N 1 /2) LOT 11 NOTES: KENNETH R. THROCKMORTON �ivG AND MARY B. THROCKMORTON 1. Bearings shown hereon are based N VOL, 7326, PG. 617 on the west right of way line of z z D.R.T.C.T. Benton Street some being the W east line of Milner —Cooke Addition o _ a Co MILNER—COOKE ADDITION recorded in Vol. 388-1, Pg. 385, O r N o o P.R.T.C.T., being North 90.00'00" p J a East. E- 0 0 0 j 2. Integral parts of this survey: O W a 24 ,w m 0 co o_ ASSOCIATES FIN SERVICES COMPANY, INC. b. Sketch E-. N z J VOL. 1D R74, PG. 178 i XJa Z MILNER—COOKE ADDITION N90.00'00"E O o 0.089 ACRES 10.00, z w o PERMANENT ! Oa W 15' SEWER LINE REVISION OF LOT 14 f 0 MILNER—COOKE ADDITION 0 EASEMENT Noo 00 0o E VOL. 388—H, PG. 293 � U P.R.T.C.T. 286.Wo U Situated in the so_a U w J p GEORGE N. BUTT SURVEY Na ABSTRACT N0. 117 NAN'.NR°^�Pp UN� a_ 0 Tarrant County, Texas LEY DRIv� U OF � _A : Q o : TEAG UE NALL AND PERKINS .pared By: ........................................ - Q e N I G A I X e f A e l Ir f f l l _ 1 STEPHEN H. RCs3ERSON .._........................ I..... . 1700 Macon Street December 20, 2003 4090 �`:' Fort worth, Texas 76102 Date: w °�css�o�ti� ! 8 1 7) 3 3 6— 5 7 7 3 JOB NO. FTW 02238 L-2370 Exhibit "C" TEMPORARY CONSTRUCTION EASEMENT Being a 0.118 acre tract of land, situated in the George N. Butt Survey, Abstract No. 117, City of Fort Worth, Tarrant County, Texas, being a part of the South 76 feet of Lot 10, Milner -Cooke Addition, an addition in the City of Fort Worth, as shown on plat recorded in Volume 388-1, Page 385, Plat Records of Tarrant County, Texas, and being part of the tract of land conveyed to Kenneth R. Throckmorton and Mary B. Throckmorton as described by deed recorded in Volume 7911, Page 1764, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a 60-D nail inside of a 1 inch iron pipe found on the north right of way line of Handley Drive (a variable width right of way), same being on the west right of way line of Benton Street (a variable width right of way), also being on the southeast corner of the Revision of Lot 14, Milner -Cooke Addition, an addition in the City of Fort Worth, as shown on the plat recorded in Volume 388- H, Page 293, Plat Records of Tarrant County, Texas; Thence departing said north right of way line, along said west right of way line, the following courses and distances: North 00°00'00" East, a distance of 286.00 feet to a point for corner; North 90000'00" East, a distance of 10.00 feet to a point for corner; North 00°00'00" East, a distance of 191.00 feet to the Place of Beginning; Thence departing said west right of way line, over and across said South 76 feet of Lot 10, the following courses and distances: North 90000'00" West, a distance of 257.50 feet to a point for corner, North 00000'00" East, a distance of 20.00 feet to a point for corner and being 15.00 feet South 00000'00" West from north line of said South 76 feet of Lot 10; Thence North 90°00'00" East, along said north line, a distance of 257.50 feet to a point for corner on the west right of way line of said Benton Street; Thence South 00°00'00" West, along said west right of way, a distance of 20.00 feet to the Place of Beginning, and containing 0.118 acres of land, more or less. 1W L:\LDT\FTW02238-NEW\docs\2008\esmt_2370_exh-t.doc sm ar 000 i 4M ow ow o. 1 1 Exhibit I 0) W LLI W O ~ 100 Wo: NC' 0 \wQ OY ¢� �z � �¢ a. z i O O it N W ¢ J 0 o2> 0 �z' N O U" - I } 0Qa� U_ Y -v 0 0 ,.- zo,ax m O00a � N � Z o a' GEORGE N • BUTT S1 RVEY ABSTRACT NO. 0.089 ACRE 15' SEWER LINE EASEMENT VOL. 7911, PG. 1764 D.R.T.C.T. 0 25 50 100 LOT 7 AND SCALE: 1 " = 50' (N 74') LOT 10 MILNER-COOKE ADDITION BENINA VALDEZ 944 BENTON AVENUE (N 1/2) LOT 11 KENNETH R. THROCKMORTON AND MARY B. THROCKMORTON VOL. 7326, PG. 617 D.R.T.C.T. MILNER—COOKE ADDITION (S 1/2) LOT 11 ASSOCIATES FIN SERVICES COMPANY, INC. VOL. 14874, PG. 178 D.R.T.C.T. 0.118 ACRES 20" TEMPORARY CONSTRUCTION EASEMENT Situated in the GEORGE N. BUTT SURVEY ABSTRACT NO. 117 Tarrant County, Texas 20' TEMPORARY CONSTRUCTION CASEMENT NOTES: 1. Bearings shown hereon are based O on the west right of way line of Benton Street same being the east line of Milner -Cooke Addition recorded in Vol. 388-1, Pg. 385, P.R.T.C.T., being North 90'00'00" W East. C 2. Integral parts of this survey: O a. Legal Description b. Sketch C z N90000'00"E 10.00' 1 REVISION OF LOT 14 MILNER-COOKE ADDITION NOO'00'00'E LD wZ V z J W d m VOL. 388-H, PG. 293 0 P.R.T.C.T. 286.00 o z OF C�Wjpared By: , �Q o '. r...... December 20, 2003 STEPtdEN.....RG..EiiS�"I ' �.. 4090 •9 Date: •.o,�E���a��� sOaX eo�o '^'SI p Ali w w V Fri IRON Or 4UH0 pipe 1 a_ 0 41% C 24 z O Uj Y O 0 V I W J M TEAG UE NALL AND PERKINS e s a s v s r r a s s a o r a s s a s 1 1 0 0 Macon Street F o r t Worth, Texas 7 8 1 0 2 ( 8 1 7) 3 3 6- 5 7 7 3' JOB NO. FTW 02238 SUZANNE HENDERSON N h ' COUNTY CLERK tr > > CITY OF FORT WORTH 8851 CAMP BOWIE BLVD WEST 3RD FL FT WORTH, TX 76116 Submitter: ALAMO TITLE CO 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 10/27/2009 12:14 PM Instrument #: D209283677 E 11 PGS $52.00 By: M&C: DATE AGENT DOE # D209283677 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: AKCHRISTIAN M & C: DATE AGENT DOE # we a. W, i May 28, 2010 Ms. Theresa Khammash City of Fort Worth Engineering Department 900 Monroe Street Suite 404 Fort Worth, Texas 76102 Dear Me. Khammash: Jones Lang LaSalle Amebas, Inc. 3017 Lou Me#* Drive, Suits 100 Fort Worth, Texas 76131-28M tel +1 817-230-26M fox +1 817 30"266 Tracking no. 10-40144 Enclosed please find one (1) fully executed Pipeline Agreement for the City of Fort Worth. A copy of the executed Agreement must be available upon request at the job site allowing authorization to do the work. Please contact Roadmaster at telephone (940) 482-8433 or cell phone (405) 408-6305, at feast ten (10) days in advance of entry for each location and BEFORE YOU DIG, CALL 1-800433-2891. If you need additional information please contact me at (817) 230-2627. ASin Sr. Con Specialist Enclosure cc: Jason Watkins, BNSF, 100 East McCart, Krum,TX. 73249 Tracking No. 10-40144 PIPELINE LICENSk THIS PIPELINE LICENSE ("License") is made to be effective May 28, 2010 (the "Effective Date's by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF FORT WORTH, a Texas corporation ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications'), One (1) pipeline, eight (8) inches in diameter inside a twenty inch (20') steel casing (collectively, the "PIPELINE"), across or along Licensors rail corridor at or near the station of Fort Worth, County of Tarrant, State of Texas, Line Segment 7500, Mile Post 349.60 as shown on the attached Drawing No. 1-48467, dated February 4, 2010, attached hereto as Exhibit "A" and incorporated herein by reference (the "Premises"). 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements. 3. Licensee shall use the Premises solely for construction, maintenance, and use of the PIPELINE in accordance with the Drawings and Specifications. The PIPELINE shall carry wastewater, and Licensee shall not use the PIPELINE to carry any other material or use the Premises for any other purpose. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable Q) to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring charge paid in advance, or (0) for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the PIPELINE or entering the Premises on behalf of Licensee shah be deemed servants and agents of Licensee for purposes of this License. 6. This License shall commence on the Effective Date and shall continue for a period of Twenty-five (25) years, subject to prior termination as hereinafter described, and shall continue thereafter on a month - to -month basis unless terminated by either party giving thirty (30) days prior written notice. COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (pursuant to the terms of Section 7(c) below) for all costs and expenses incun-ed by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPELINE, including but not limited to the furnishing of Licensors flaggers and any vehicle rental costs incurred. Licensee shall bear the cost of flagger services Form 424; DRAFT Rev. 8-19-M -1- T►Pdit No. M 40144 and other safety measures provided by Licensor, when deemed necessary by licensors representative. Flagging costs shall Include, but not be limited to, the following: pay for at least an eight (8) hour basic day with time and one -halt or double time for overtime, rest days and holidays (as appkable); vacation allowance; paid holidays (as applicable); Licensor and unemployment Insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for Licensor labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 7(b). Licensor shall give Licensee at least forty-eight (48) hours notice of its intent to provide flaggem to the extent the same is reasonably practicable. (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fait to pay any monies due to Licensor within thirty (30) days after the Invoice date, then Licensee shall pay Interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last published In The Wall Street Joumal in the preceding December plus two and one- half percent (2-1/2%), or (ii) the maximum rate permitted by law. COMPLIANCE WiT W 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and use of the PIPELINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all of Licensors applicable safety rules and regulations. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the Premises completes the safety training program at the Website "www.contractororientation.com" (the "Satiety Orientation") within one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and every employee of Licensee, its contractors, agents and invitees possess a card certifying completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew the Safety Orientation annually. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost" or "costs", "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and materiel and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor. (i) to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication pipe/lines/cables and appurtenances (other than the PIPELINE) and other facilities or structures of like character upon, over, under or across the Premises existing as of the Effective Date; (ii) to construct maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over, under or across the Premises; or (III) to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified In Section 3 above. Form 424; DRAFT Rev. 8-19-09 -2- Tracking No. 10-40144 LICENSEE'S OPERATfONS 11. (a) Licensee shall notify Licensor's Roadmaster, at 100 East McCart, Krum, TX. 76249, telephone (940) 482-8433 or cell phone (405) 406-6305, at least ten (10) business days prior to Installation of the PIPELINE and prior to entering the Premises for any subsequent maintenance thereon. In the event of emergency, Licensee shall notify Licensor of Ucensee's entry onto the Premises at the telephone number above as soon as practicable and shalt promptly thereafter follow up with written notice of such entry. (b) While on the Premises. Licensee shalt use only public roadways to cross from one side of Licensor's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, Investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or Interference with (1) the existence or use of present or future tracks, roadbeds or property of Licensor, (0) the safe operation and activities of Licensor or existing third parties, or (IN) the rights or Interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall Immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise - any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shalt, at its sole cost and expense, construct and maintain the PIPELINE in such a mariner and of such material that it will not at any time be a source of danger to or Interference with (I) the existence or use of present or future tracks, roadbeds, or property of Licensor, (II) the safe operation and activities of Licensor or existing third parties, or (In) the rights or interests of third parties. The construction of the PIPELINE shall be completed within one (1) year of the Effective Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Upon completion of the construction of the PIPELINE and after performing any subsequent maintenance thereon, Licensee shall, at Ucensee's own cost and expense, restore the Promises to substantially their state as of the Effective Date, unless otherwise approved in advance by Licensor In writing. On or before expiration or termination of this License for any reason, Licensee shah, at Its sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set forth In Section 26 hereof. (c) Licensor may direct one or more of its field engineers to observe or inspect the construction and/or maintenance of the PIPELINE at any time for compliance with the Drawings and Specifications and Legal Requirements. if ordered at any time to halt construction or maintenance of the PIPELINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the PIPELINE, it being solely Licensee's responsibility to ensure that the PIPELINE Is constructed and maintained in strict accordance with the Drawings and Specifications and In a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Ucensor to exercise any right granted by this Form 424; DRAFT Rev. 8-19-09 -3- Tracking No. 10-40144 Section will after in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section 12, Licensor may, at Its option and at Licensee's sole expense, and after giving written notice to Licenses, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, pursuant to the terms of Section 7(c). Licensors failure to perform any obligations of Licensee shall not after the liability allocation hereunder. 13. if at any time during the term of this License, Licensor shall desire the use of Its rail corridor In such a manner as would, in Licensor's reasonable opinion, be Interfered with by the PIPELINE, Licensee shalt, at Its sole expense, within ninety (90) days after receiving written notice from Licensor to such effect, make such changes in the PIPELINE as In the sole discretion of Licensor may be necessary to avoid Interference with the proposed use of Ucensors rail corridor, including, without limitation, the relocation of the PIPELINE, or the construction of a new pipeline to replace the PIPELINE. Notwithstanding the foregoing Licensee agrees to make all emergency changes and minor adjustments, as determined by Licensor in its sole discretion to the PIPELINE promptly upon Licensor's request. 14. (a) Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, orovided, however, that In lieu of the foregoing, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or locafion of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Licensee may request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the proposed PIPELINE by contacting Licensor at telephone number 1-800-362-9624 (option 1, option 2, and then option 4) at least thirty (30) business days prior to installation of the PIPELINE. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or near the vicinity of the proposed PIPELINE and, if applicable, Identify the location of such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface oonditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by Licensee and reviewed by Licensor prior to construction. This study Is to determine if granular material Is present, and to prevent subsidence during the Installation process. If the investigation determines in Ucensors reasonable opinion that granular material Is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensors review and approval, in its sole discretion, a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan In writing, Licensee shall, at its sole cost and expense, cant' out the approved plan in accordance with all terms thereof and hereof. 15. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not worldng in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (i) filled in to surrounding ground level with compacted bentonite grout; or (ii) otherwise secured or retired In accordance with any applicable Legal Requirement. No excavated materials may remain on Licensors property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. Form 424; DRAFT Rev. 8-19-w -4- Tra kV No. 1040144 16. Licensee's on -site supervisors shall retaiNmaintain a fully executed copy of this License at all times while on the Premises. LIABILITY 17. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSER'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES') FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS. DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES-) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (1) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (11) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (111) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (Iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED IN WHOLE OR PARTY BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER ("LICENSEE PARTIES"� EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. THE INDEMNIFICATION AND RELEASE REQUIRED ABOVE SHALL NOT APPLY IN THE EVENT THE DISCHARGE, RELEASE OR ESCAPE OF HAZARDOUS SUBSTANCES OR CONTAMINANTS, OR ASBESTOS IS PROXIMATELY AND WHOLLY CAUSED BY LICENSOR'S SOLE NEGLIGENCE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 17(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT LICENSOR IS AN "OWNER", "OPERATOR', "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PIPELINE FOR THE PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. TO THE FULLEST EXTENT Form 424; DRAFT Rev. 8-19-09 -5- Trackkp No. 1040144 PERMITTED BY LAW, LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. (c) IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE TO RELEASE, INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA-) CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LEGAL REQUIREMENTS OR REGULATIONS; THE SAFETY APPLIANCE ACT; THE LOCOMOTIVE INSPECTION ACT; THE OCCUPATIONAL SAFETY AND HEALTH ACT; THE RESOURCE CONSERVATION AND RECOVERY ACT; AND ANY SIMILAR STATE OR FEDERAL STATUTE. LICENSEE'S OBLIGATIONS UNDER THIS SECTION 17(c) ARE REGARDLESS OF ANY NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE RELATED TO SUCH CAUSES OF ACTION. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs incident to such defense, Including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 18. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 19. Licensor acknowledges that the City of Fort Worth is basically a self -funded entity. Damages for which the City of Fort Worth would ultimately be found liable would be paid directly and primarily by the City of Fort Worth and not by a commercial insurance company. (a) Co immrcial GenwW Liability Ineurancs. This insurance shalt contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 but In no event less than the amount otherwise carried by Licensee. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: ■ Bodily Injury and Property Damage • Personal Injury and Advertising Injury ■ Fire legal liability ■ Products and completed operations Fmm 424; DRAFT Rev. B-19-09 -8- Tracking No. 10401" This policy shall also contain the following endorsements, which shall be indicated on the certificate of Insurance: ■ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ■ Waiver of subrogation in favor of and acceptable to Licensor. ■ Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle Global Services - RR, Inc. • Separation of insureds. • The policy shag be primary and non-contributing with reaped to any insurance carried by Licensor. It Is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability Insurance pollcy(s) required herein are Intended to apply to employees of the policy holder and shag not apply to Ucensoes employees. No other endorsements limiting coverage may be included on the policy. (b) B ness Automobile I(t'erance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and Include coverage for, but not limited to the following: ■ Bodily Injury and property damage. • Any and all vehicles owned, used or hired. • Waiver of subrogation in favor of and acceptable to Licensor. ■ Additional insured endorsement In favor or and acceptable to Licensor. ■ Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. (c) Walkers' Compensation and Employers' Llabiliity Insurance. This Insurance shall include coverage for, but not limited to: ■ Ucensee's statutory liability under the workers' compensation Legal Requirements of the state(s) in which the work Is to be performed. If optional under state Legal Requirements, the Insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy Ilmit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be Indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Licensor. (d) Railroad Protective Llablllty Insurance. This insurance shall name only Licensor as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 In the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the PIPELINE. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHiN ONE (1) YEAR OF THE EFFECTIVE DATE. if further maintenance of the PIPELINE is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy shall be Issued on a standard ISO form CG 00 3510 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93). • Endorsed to include the Limited Seepage and Pollution Endorsement. ■ Endorsed to Include Evacuation Expense Coverage Endorsement. ■ No other endorsements restricting coverage may be added. • The original policy must be provided to Licensor prior to performing any work or services under this License. Form 424; DRAFT Rev. 8-19 M -7- Tracking No. 10-40144 In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the Effective Date, Licensee may participate in Licensors Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1,000.00. jb. 1 elect to participate In Licensors Blanket Policy, o I elect not to participate In Licensors Blanket Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no excluslon for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, Its Insurers, through a policy endorsement, must waive their right of subrogation against Licensor for all claims and suits, and the certificate of Insurance must reflect the waiver of subrogation endorsement. Licensee further waives its right of recovery, and its Insurers must also waive their right of subrogation against Licensor for loss of Licensee's owned or leased property, or property under Licensee's care, custody, or control. With the exception of Railroad Protective Liability Insurance, Licensee is allowed to self Insure. Any deductible, self Insured retention or other financial responsibility for claims shall be covered directly by Licensee in lieu of Insurance. Any and all Licensor liabilities that would otherwise, in accordance with the provisions of this License, be covered by Licensee's Insurance will be covered as if Licensee elected not to include a deductible, self -insured retention, or other financial responsibility for claims. Prior to entering the Premises, Licensee shall furnish to Licensor an acceptable certificates) of insurance Including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments. The policy(les) shall contain a provision that obligates the insurance company(ies) issuing such pollcy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be Indicated on the certificate of insurance. In the event of a claim or lawsuit involving Licensor arising out of this License, Licensee will make available any required policy covering such claim or lawsuit. Any insurance policy shall be written by a reputable Insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service Is to be provided. If coverage is purchased on a "claims made' basis, Licensee hereby agrees to maintain coverage in force for a minimum of three years after expiration or termination of this License. Annually, Licensee agrees to provide evidence of such coverage as required hereunder. Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this License. Allocated Loss Expense shall be In addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. Form 424; DRAFT Rev. 8-19-09 -8- Tracking No. 10-40144 If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional Insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee Is required to release, defend and indemnify Licensor herein. Failure to provide evidence as required by this Section 19 shall entitle, but not require, Licensor to terminate this License Immediately. Acceptance of a certificate that does not comply with this Section shall not operate as a walver of Licensee's obligations hereunder. The fact that Insurance (Including, without limitation, self-insurance) is obtained by Licensee shalt not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required Insurance coverage. For purposes of this Section 19, Licensor shall mean "Burlington Northern Santa Fe Corporation", "BNSF Railway Company' and the subsidiaries, successors, assigns and affiliates of each. ENVIRONMENTAL 20. (a) Licensee shall strictly comply with all federal, state and local environmental Legal Requirements and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmental Laws'). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPELINE on Licensor's property. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in compliance with the provisions of this Section. (c) Licensee shall give Licensor immediate notice to Licensoe's Resource Operations Center at (800) 832-5452 of any known (i) release of hazardous substances on, from, or affecting the Premises, (11) violation of Environmental Laws, or (Ili) inspection or Inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on, from, or affecting the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remedlate, respond to or otherwise cure such release or violation. (d) in the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising In any way with respect to the PIPELINE which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remedlate, respond to or otherwise cure such release or violation affecting the Premises or Licensors right-of-way. (e) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent Injury to persons, property, or the environment arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Fonn 424; DRAFT Rev. 8-18.09 -9- Traddng No. 10-0144 Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Ucensoes request for information regarding said conditions or activities. ALTERATIONS 21. Licensee may not make any alterations to the Premises or permanently aft anything to the Premises or any buildings or other structures adjacent to the Premises without Licensors prior written consent. NO WARRANTIES 22. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WANES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 23. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. LIENS AND CHARGES 24. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 24 or any other Section of this License. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed by any governmental or quasi -governmental body upon the PIPELINE or any other Improvements constructed or installed on the Premises by or for Licensee (collectively, the "Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. DEFAULT AND REMEDIES: OTHER TERMINATION RIGHTS 25. In addition to and not in limitation of Licensors right to terminate for failure to provide evidence of Insurance as required pursuant to the terms of Section 19, the following events are also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth below. (a) If default shall be made in any of Licensee's covenants or agreements contained in this License or in case of any assignment or transfer of this License in violation of Section 27 below, Licensor shall give Licensee ten (10) days written notice of such default and shall give Licensee sixty (60) days to cure or such additional period as agreed to by Licensor. if Ucensee has commenced to cure such default but is unable to complete such cure due to circumstances beyond the Licensee's reasonable control, Licensor shall extend Licensee's time to cure an additional thirty (30) days or such additional time as agreed to by Licensor. Licensor may, at its option, terminate this License by serving written notice upon l Form 424; DRAFT Rev. 8-19.09 -10- Tracking No. 10-40144 Ucensee ten (10) days after the Licensee fails to cure such default during the specified cure period. Notwithstanding the foregoing, Licensor shall have the right to terminate this License immediately in the event Licensee falls to provide evidence of insurance as required in Section 19. (b) Should Licensee not comply fully with the obligations of Section 20(b) regarding the handling or transporting of hazardous waste or hazardous material, notwithstanding anything contained In any other provision of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. (c) Any waiver by Licensor of any default or defaults shall not constitute a waterer of the right to terminate this Ucense for any subsequent default or defaults, nor shall any such waiver in any way affect Licensoe's ability to enforce any Section of this License. The remedy set forth in this Section 25 shall be In addition to, and not in limitation of, any other remedies that Licensor may have at law or In equity. (d) In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide evidence of Insurance or occurrence of defaults as described above, this License may be terminated by Licensor, at any time, by serving thirty (30) days' written notice of termination upon Licensee. (a) This License may be terminated by Licensee upon execution of Licensors then -current Mutual Termination Letter Agreement Upon expiration of the time specified In such notice, this License and as rights of Licensee shall absolutely cease. SURRENDER 26. (a) On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense: (1) if so directed by Licensor in writing, remove the Improvements, the PIPELINE and all appurtenances thereto, or, at the sole discretion of Licensor, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor, - (II) report and restore any damage to the Premises or Lioensoes other property arising from, growing out of, or connected with Llcensee's use of the Premises; (III) remedy any unsafe conditions on the Premises created or aggravated by Uc:ensee; and (iv) leave the Premises In substantially the condition which existed as of the Effective Date of this License, normal wear and tear excepted. (b) Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or If Licensee fails to complete its obligations under Section 26(a) above (the "Restoration Obligations"), Licensee shall have a limited License to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of Indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed_ Form 424; DRAFT Rev. 8-19-09 -11- Trackkg No. 10-40144 ASSIGNMENT 27. Licensee may not sell, assign, transfer, or hypothecate this License or any Interest herein (either voluntarily or by operation of law) without the prior written consent of Licensor, which consent may be withheld by Licensor for any reason. Any attempted assignment by Licensee in violation of this Section 27 shall be absolutely void. For purposes of this Section 27, the word 'assign' shall include without Ilmltation (a) any sale of the equity Interests of Licensee following which the equity interest holders of Licensee immediately prior to such sale own, directly or indirecttyy, less than 50% of the combined voting power of the outstanding voting equity Interests of Licensee, (b) any sale of all or substantially all of the assets of (1) Licensee and (ii) to the extent such entities exist, Licensee's parent and subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation involving Licensee, except for a reorganization, recapitalization, merger or consolidation folk;wing which the equity interest holders of Licensee immediately prior to such reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50% of the combined voting power of the outstanding voting equity interests of Licensee or any successor thereto or the entity resulting from such reorganization, recapitalization, merger or consolidation. THIS LICENSE SHALL NOT RUN WITH THE LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO BE IN LICENSORS SOLE DISCRETION. NOTICES 28. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given If (1) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specMW below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor. .!ones Lang LaSalle Global Services - RR, Inc. 3017 Lou Men* Drive, Suite 100 Fort Worth, TX 76131-2800 Attn: Ucenses/Permits with a copy to: BNSF Railway Company 2500 Lou Menk Dr. — A0133 Fort Worth, TX 76131 Attn: Senior Manager Real Estate If to Licensee: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 With a copy to: City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Form 424; DRAFT Rev. 8-19.09 -12- Tracking No. 10-40144 RECORDATION 29. It is understood and agreed that this License shall not be placed or allowed to be placed on public record. APPLICABLE LAW 30, All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Texas, without regard to conflicts of law provisions, and venue for any lawsuit that may arise shall be in Tarrant County, SEVERABILITY 31. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shah be ineffective solely to the extent of such prohibition or invalidity, and this shall not Invalidate the remainder of such provision or any other provision of this License. INTEGRATION 32. This License is the fud and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the partles hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. MISCELLANEOUS 33. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the Joint and several covenants and agreements of such parties. 34. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 35. No provision of this License shall be construed In favor of, or against, any particular party by reason of any presumption with respect to the drafting of this License; both parties, being represented by counsel and having fully participated in the negotiation of this Instrument, hereby agree that this License shall not be subject to the principle that a contract would be construed against the party which drafted the same. 36. This License may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constituts one and the same Instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this License may also be exchanged via email or electronic facsimile machines and any email or electronic facsimile of any party's signature shall be deemed to be an original signature for all purposes. 37. All provisions contained in this License shad be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the same extent as if each such successor and assign was named a party to this License. Form 424; DRAFT Rev. 8-19-09 -13- Tmddng No. 1040144 38. Jones Lang LaSalle Global Services - RR, Inc. is acting as representative for BNSF Railway Company. IN WITNESS WHEREOF, this License has been duly executed by the parties hereto as of the date below each partys signature; to be effective, however. as of the Effective Date. LICENSOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Jones Lang LaSalle Global Services - RR, Inc. 3017 Lou Menk Drive, Suite 100 Fort Worth, TX 76131-28W By. �e�' Name: Ed Darter Title: Vice President National Accounts Date: LICENSEE: CITY OF FORT WORTH, a Texas corporation 1000 Throckmorton Fort Worth, Texas 76102 Name: Tide: ANg �'f- Date: VED AS T FF RM AND LEGALITY: Form 424; DRAFT Rev. 8-19-M -14- TRACKING NO. 10-4Q144 COMMIT 'A' ATTACHED TO CaMACT BETIIEEN BNSF RAILWAY COMPANY AND CITY OF FORT WORTH ,�%,SF ,Q - SCALE: 1 IN.-_M FT. r TlEXA DIV. FT WORTH SU IV. L.S. M 0 S OSA DATE OZ/04/2010 fir r v MP 340.80 1 t n,OpT.- fd CeL Pak -- TO ca y ; G� Pals `A -A j !! - � SW 3447.047- y 1-- DESCRIPTION OF PIPELINE i ` PIPELINE SHOWN BOLD CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE: 2Q" LENGTH ON R/W: ._1.00l _. 100, CONTENTS: W R WORKING PRESSURE: NI , - PIPE MATERIALS DU ON--SUEEL— BURY: BASE/RAIL TO TOPIT CASING _9-3 SPECIFICATIOWGRAOEI BWt. L BWY: NATURAL CAU M HALL THICKNESSt �� BURY: ROADWAY DITCHES COATINGi 1LSPllALTJ '8 S CATHODIC PROTECTION NZA _ I VENTS: NUMBER N _ S 1 ZE ..MIA_ HE IGHT OF VENT ABOVE GROUND ' ZA ' NOTES CASING TO BE JACKED OR DRY BORED ONLY AT FORT WORTH COUNTY OF TARRANT STATE OF TX ws -DRAWING NO. 1-40467 Pipeline Crossing 080808 Form Approved, AVP-Law PIPELINE CROSSING. AGREEMENT Mile Post: 608.91, Duncan Subdivision Location: Fort Worth, Tarrant County, Texas 97 ON' Foldcr No. 2597-52 CITY SECRETARY CONMCT NO.. qO O �, THIS AGREEMENT ("Agreement") is made and entered into as of January 27, 2010, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and FORT WORTH, CITY OF, a Texas municipal corporation to be addressed at 1000 Throckmorton St, Fort Worth, Texas 76102 ("Licensee'l. IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 8 inch encased pipeline for transporting and conveying waste water only across Licensor's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated January 27, 2010 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying waste water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of One Thousand Five Hundred Dollars ($1,500.00). Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article 4. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. if a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terns and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Article 5. INSURANCE. A. Before commencement of the term of this Agreement and prior to any Pipeline construction, the Licensee, at its sole expense, shall obtain and maintain. or cause to be obtained and maintained, the insurance required in Exhibit C attached hereto and hereby made a part hereof. The Licensee, at its sole expense, shall also provide to the Licensor the other insurance binders, certificates and endorsements described in Exhibit C, and also require that its contractor or subcontractor maintain the insurance coverages as set forth in Exhibit C, naming Licensor as and additional insured. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence, binders, certificates and endorsements shall be directed to: Union Pacific Railroad Company Real Estate Department — Folder No. 2597-52 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 D. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this Article shall not operate as a waiver of Licensee's obligations hereunder. E. If the Licensee is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self -insured with the consent and approval of Licensor. F. The fact that insurance (including without limitation, self-insurance) is obtained by Licensee or its contractor/subcontractor shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Article 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. Article 7. OTHER PROVISIONS. a. The casing length shown on Ex. A. and on the construction drawing is inconsistent. We will require 40' minimum from center line of track, as shown on the plan and profile drawing sheet 10 of 38, dated Sept. 2009. r . . b. Manholes must be designed for HS-20 loading and shall not present a tripping or stumbling hazard. C. Backfill for excavation on ROW shall be compacted to 95% Modified Proctor, ASTM D1557. d.. Access to Licensee facilities must remain open during construction. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY FORT WORTH, CITY OF By. S&io'r Manager - Contracts / Name Printed: (,!% Cift,f- Title:Ae 4.6,0 ,A�`—� r— Attested by: c , , x o Marty Hendri , City Secm y NO M&C REQUIRED MR 4 PLACE ARROW INOICATINC• NORTH.. FORM !F-fjq:Jq-F_ DIRECTION RELATIVE TO CROSSIN:, REv. '5-9E www.uprr.com ENCASED NON-FLAMMABLE PIPELINE CROSSING �4Y / NOTE: ALL AVAILABLE DIMENSIONS MUST BE NO SCALE FILLED IN TO PROCESS THIS APPLICATION. .--ro FnFT WeRllt I NEARCSr P.R. TOMH RR-t RIM_ / p 4d1� FT. - FT. C L_ FT. . _ SQL FT. (SCE AO$1 3 ■ S) (SEE ROTE 3 E S) ( WIN TRAP �— ' I ANGEL .N BOSS SONG) 1 I 1 I I I M f 21 dA o GD�,SIAi = OWJCC+) (DESCRIBE FI O OB 1 ( SEE NOTE 61 (D S IXCO ( SEE NOTE S) I DISTANCE ALONG TRACK rRp, SECTION LINE C"OSSING) iS FT. INOTE: f"tS DP4MION .EOUIRED IN ALL USES. AT LOCATIONS NOT USING S(CtIONS, DISTANCE TTo A LEGAL SURVEY LIIK IS PEOUIREO) - lc,�T1!�T I -EFT. -I- SO FT. GROUND MIX. DISf I SURFACE I SRR NWYR 2) 1 SUBIGMADE NU.vrw �FT. LI..t FT YIN.) O __FT. 120 If. YAI. i jLFT. SEAL CASING SEAL CASING o !/r CASING PIPET I SPA NorR A) IS FTi Y1� I — — % — • — — — — — Y- — — — — — — — —— UMIEW PIPE f f. s rr. FT. I F•----- FT. I �FT. I II FT. RR• t Rn �O FT. ' To fW WOR10 I NEARCSt ILA, TOM. FT. NOTES : (CASING LING/0 „THEN MEASURED ALONG PIPELINE I II ALL HORIZONTAL OISI.NCES TO BE MEASURED AT RIGHT ANGLES FROM It Or TRACT. 2, CAS I"C ID EXTEIo BErolO THE IL OF TRACK AT "1CHT ANGLES INE CREATE" Of 20 • ZO FT., oil SO FT.. AND 1114O LIMIT OF RAILRDAO RIGNI-OF-WAT IF NI[ESSAR, TO PROVIDE PROPER LENGTH OUTSIDE Or MUCIL. 3, YI NIIAM OF SO' FROM THE END Or AM RAILROAD MIDGE, t Or MY CULVERT, 00 FROM ANY SWITCHING MEA. .1 SIGNAL RE►RISE"f ATIVE "I BE PRESENT DURING INSIAL1.710N If RAILROAD SIGNALS ARE 1% THE VICINITY Or CROSSING. S, ALLOWABLE FIXED OBJECTS INCLUDE: UCRWALLS Or MIOCEW III, Or ROAD CROSSINGS 6 OVERHEAD VIADNCTS IGIVE ROAD NAYEI, OR CULVERTS. BI CASING AND [ARP IEP PIPE WST BE PLACED A YIMIWM OF I FEE/ BELOW THE EFISTING FIBER OPTIC CABLE. MY EXCAVATION REOUIREO WITHIN S FEET OF THE EIISTINC FIBER OPTIC CABLE MOAT BE NAHO OuG. STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER Of THICKNESS CASINC PIPE . 2500- u.- IZ' OR LESS . 3125' S,Iv OVER 12'-IB- .3750' 3/B• OVER IB'- 22' . R3T5' 7/ 16' OVER 22'-2E' -S000' 1/2' OVER 2B-3A- .5625' 9F16' OVER 34'-42- .6250' S/D' OVER .Z'-.B' OVER .B- MUST BE APPROVED 0, R.R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35.000 PSI. F DRMJLA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHEP THAN 90- B ` !L SIN L y •� 9 +` MIN.DIST. I wit Fl iRA(P Al 15 PIPELINE CROSSING WITHIN DEDICATED STREET ? YES;A_N0: EXHIBIT "A" 13) IF YES, NAME OF STREET FW Yi LAO.A % 1, Wlf D) DISTRIBUTION LINE OR TRANSMISSION LINE C) CARRIER PIPE : UNION PACIFIC RAILROAD CO. COMMODITY TO BE CONVEYED Mift5rc WOTER OPERATING PRE5SUAfRE PS, WALL THICKNESS �R_, -;DIAMETER_ IM MATERIAL D'I' P YY ~-`C~YYAW,•1+1a., E1 CASING PIPE : t11FLef0 M. P 6ot•1I E. S. it S3it 04t q WALL THICKNESS •;:DIAMETER .Z D ;MATERIAL STEEL NOTE 'CASING MUST HAVE 2- CLEARANCE BETWEEN GREATEST ENCASED f4stAml- CROSSING AT OUTSIDE DIAMETER OF CARRiEP PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF C �• W� ` r I.ii,.,t T� w F1 CARRIER PIPE AND INSIDE OF CASING PIPE. METHOD OF INSTALLING CASING PIPE UNDER TRACKISI: Nt✓t+T ell. C-S of R. (4wt(r I _ _DRY BORE AND JACK 1 WET BORE NOT PERMITTED) i y ..Pr0tr TUNNEL:OTHEF RR FILE NG.-25?-7 DATA fZ'1•te I G) W:LL CONSTRUCTION BE BY AN DUT5IDC CONTRACTOR-ALYE5; NO: H) DISTANCE FROM CENTER LINE OF TRACK TIC NEAR FACE OF BO NG AND ..• r A a N I IN B� JACKING P;TS WHEN MEASURED AT RIGHT ANGLES TO TRACK 1 APPLICANT HAS CONTACTED I-800-33E-9193, (SC YIN.1 IN ALL OCCASIONS. I, P. COAWANICA/IDNS rrtr Bt DEPAN' CONTACTED IAEW1 " P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLEX_DOES DOE: NO' . EK!ST IN VICINITY Or WO RmINIf m r, W AN' 11D"• 10 DCICINAI,R UIS/tRCt NO of FIBER WORK TO BE PERFORMED . TICKET NO. LOCATION OPTIC CABLE vw r : `00-136-919T THAW SIB W5 575 565 NO. . . . . . . . . . . . . . . .�L}�R ra y. . . . . . ' Ii1jH NI'. y1/11 /iI NI MIIFN'$ (Y-tt�)iNNHN1�f11HINIMFNIMI N1IMINIHINIMNHMIMIHIH!HIM111!N1MINrf+IHN1!HiiHNNi!MINF (Y-118-A — — - ' ' 9+itfT f1 • .' /sLlA•f MfA iFL 600 M.b 29m ...j+00 N4R{Irr lJ�x SMIi� K A � � \ ��i. -., .., .....�...�;,.�a'�+r "•L'y _l�Lc_Lf"a.\. Max" COM a. AtANta.E Y� - / \ APPEr INjE>8OI1 p0e,o• q �.%. STA f+6122 11-1 /8 57A 2+81.00 !I�PROMCMOOA O� STA O+OaW M-118 A' COP67RUCT 5SM GYWSMUCT SSW 04tt OB Cair. 1 'G`r i sysanwr 1 Y N MJ�CP..Da _ M.E. 297W ST. ' -c'A NEON rACM r!ALMOAD \ ISM FANKAPI V. A 1+3838 IS-118 arA�l N[ s[Im Crwa 36 At\ \ on N.E. 29M ST. \ G!Sr. orrx M �' � JV `i/� ' c': ' mat,• Ar r � ra�acs\ �CAUWMI OP CASUS IV 1, mapai Pool a J; etlEFow f +� ! .i- ...i.., �. .. r, .<.. _. �. 7 44 _. �.., � s. Ii•r...� t - -.- } i�� �_ --L--F -4-x »-.•t-+-.,.,r + -i- i i -i. pal � „icwr 1 F _ • � r a E I } � r...,t 1-- .. y,.. i ,`,_,.�, . ._ � ...a. .'ii ...L.j_.. y._.�•__ � 'N� •"- � ; . : _ .a..-- . f......�.,�.:- -Y ..L.. <- i h.- s-i.,, -.-- - i 0+00 1+00 2+00 FORT WoDTH s - „ TEAC!!E DATE INC i o r t ► h o . •: ! a r 7 REM90ti 9Y DAM SEPT 2009 TawE 1MpAraMo• ma FPO Pipeline Crossing 07nao9 Forth Approved, AVP Law EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering — Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the design, construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline from Licensor's property, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensoes operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, y the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK / LICENSOR REPRESENTATIVE / SUPERVISION / FLAGGING / SAFETY. A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or "Railroad Representative"): ROBERT FULLER MTM 101 MESQUITE STREET ABILENE TX 79603 PHONE: 817-353-7020 FAX: 817-353-7013 B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensors approval of plans and specifications involving the work, or by Licensor's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensors property any employee who fails to conform to the instructions of the Licensor Representative in connection with the work on Licensors property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensors property. D. Licensee shall notify the Licensor Representative at least ten (10) working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Licensor's track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Representative will determine and inform Licensor whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee, Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight - hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. F. Reimbursement to Licensor will be required covering the full eight -hour day during which any flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensoe's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Licensoe's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensoes safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. Licensee shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have a non -delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to require Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. B. Explosives or other highly flammable substances shall not be stored on Licensoes property without the prior written approval of Licensor. r if C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Licensor's trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensee or its contractors shall be kept at least fifty (50) feet from the centerline of Licensor's nearest track. E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic = cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Nw Section & CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. MR A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee �. shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. -` Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's •— property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensors officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM dw an ^, ANY LOSS WHICH IS DUE TO OR ARISES FROM: 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT AND ACTIVE NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. 4 Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Section 16. SEVERABILITY. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement. am M Pipchne Crouing 07/20/08 Forth Approved, AVP-Law EXHIBIT C Union Pacific Railroad Company Insurance Exhibit PART 1: GENERAL INSTRUCTIONS AND REOUIREMENTS: Prior to execution of this License, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with all insurance required by this License. All certificates of insurance and correspondence shall be addressed and sent to: Union Pacific Railroad Company Real Estate Department — Folder No.: 2597-52 1400 Douglas St., STOP 1690 Omaha, NE 68179-1690 All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. All policies required by this License shall provide coverage for punitive damages unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this License, or (d) all punitive damages are prohibited by all states in which this License will be performed. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. VW PART 2: SPECIFIC INSURANCE LIMITS AND REOUIREMENTS Licensee shall, at its sole cost and expense, procure and maintain during the life of this License (except as otherwise provided in this License) the following insurance coverage: A. Commercial General Liability Insurance written on ISO Occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage) with limits of not less than: • $2,000,000 Each Occurrence • $4,000,000 Aggregate This policy must also contain the following endorsements (which must be stated on the certificate of insurance): Additional Insured Endorsement ISO Form CG 20 26 (or a substitute form providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement Form CG 20 26, provide coverage for Railroad's negligence 1 whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this License. Contractual Liability - Railroads ISO Form 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" covered by this License as the "Designated Job Site". B. Business Automobile Liability Insurance written on ISO Form CA 00 01 10 01 (or a substitute form providing equivalent coverage) with a limit of: • $2,000,000 each accident. This policy must contain the following endorsements (which must be stated on the Certificate of Insurance): • Designated Insured ISO Form CA 20 48 02 99 (or a substitute form providing equivalent coverage). • Coverage for Certain Operations in Connection with Railroads ISO Form CA 20 70 10 01 showing "Union Pacific Railroad Property" covered by this License as the "Designated Job Site". • Motor Carriers Act Endorsement OMB Form MCS-90 (if required by law). C. Workers Compensation Insurance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this License. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. • If Licensee is self -insured, evidence of state approval and excess workers compensation coverage must be provided. • Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. D. Umbrella or excess liability Insurance. If Licensee utilizes umbrella or excess policies to meet R limit requirements, these policies must "follow form" and afford no less coverage than the primary policy. If utilized, Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by Umbrella or Excess Liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. E. Railroad Protective Liability Insurance. At all times during construction, installation, repair or removal of a pipeline or wire line Licensee or its Contractor must obtain and maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. Pipeline Crossing 07/20/08 Form Approved, AVP-Law EXHIBIT D SAFETY STANDARDS MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Licensee. I. Clothing A. All employees of Licensee will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Licensee's employees must wear- (i) Waist -length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on -- bridges are required to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Licensee shall require its employee to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. ` (i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Licensee's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, h must be worn when employees are within: 100 feet of a locomotive or roadway/work equipment 15 feet of power operated tools 150 feet of jet blowers or pile drivers • 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection — plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. M. On Track Safety Licensee is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed. Licensee must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Licensee will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Licensee to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Licensee's equipment is unsafe for use, Licensee shall remove such equipment from Railroad's property. In addition, Licensee must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: Familiar and comply with Railroad's rules on lockout/tagout of equipment. Trained in and comply with the applicable operating rules if operating any by -rail equipment on -track. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with a first -aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be - parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. 00 go so W MM MR me V. General Safety Requirements A. Licensee shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Licensee shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On -Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Licensee meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: 0) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. M Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. PART 9 SRF REQUIREMENTS TABLE OF CONTENTS Forms required for BOTH the Tier III and Tier I1 Programs 1 Application Affidavit(VAIRD-201)--------------------------------------------------------------- 3 2 Application Filing and Authorized Representative Resolution (WRD-201A)------------ 4 3 Application Resolution —Certificate of Secretary (WRD-201b)---------------------------- 5 4 Breakdown of Bid(ED- 102) ---------------------------------------------------------------------- 7 5 Contractor's Act of Assurance(ED-103)------------------------------------------------------- 9 6 Contractor's Resolution(ED- 104) -------------------------------------------------------------- 10 7 Information Return for Tax -Exempt Private Activity Bond Issues (IRS-8038)---------- 11 8 No Litigation Certificate (WRD-238)---------------------------------------------------------- 15 9 Site Certificate(ED- 10 1) ------------------------------------------------------------------------- 17 10 Utility Profile(TWDB-1965)-------------------------------------------------------------------- 19 11 Wastewater Project Information WRD-253a------------------ 27 12 Water Conservation Program Annual Report (TWDB-1966)------------------------------- 29 Forms required ONLY for the Tier III 13 Assurances — Construction Programs (EPA-424d)-------------------------------------------- 36 14 Certification Regarding Debarment, Suspension, and other Responsibility Matters (EPA 5700-49)------------------------------------------------------------------------------------- 39 15 Certification Regarding Lobbying (WRD-213)----------------------------------------------- 40 16 Disadvantaged Business Enterprise (DBE) Guidance document, TWDB-0210 17 DBE Form TWDB-0215 — Affirmative Steps Certification and Goals-------------------- 41 18 DBE Form TIAIDB-0216 — Affirmative Steps Solicitation Report------------------------- 43 19 DBE Form T%NIDB-0217 — Prime Contractor Affirmative Steps Certification & Goals 45 20 DBE Form TWDB-0373 — Loan and Grant Participation Summary----------------------- 47 21 Pre -award Compliance Review Report for All Applicants Requesting Federal Financial Assistance (EPA 4700-4)------------------------------------------------------------------------- 49 22 Supplemental Contract Conditions & Instructions - CWSRF Tier III & DWSRF (TWDB-0550)-------------------------------------------------------------------------------------- 51 23 Texas Application for Payee Identification Number (CPA-AP-152)----------------------- 97 Forms required ONLY for the Tier II 24 Supplemental Contract Conditions CWSRF Tier I1 TWDB-0551 (ED-004f)------------- 101 CWSRF Forms - TWDS-0101 - 2/28/2012 2 ED-103 01/03/2010 CONTRACTOR'S ACT OF ASSURANCE STATE OF TEXAS § COUNTY OF § BEFORE A1E, , a Notary Public duly commissioned and qualified in and for the County of in the State of Texas came and appeared , as represented by , the corporations , who declares he/she is authorized to represent pursuant to provisions of a resolution adopted by said corporation on the day of , 20 (a duly certified copy of such resolution is attached to and is hereby made a part of this document). , as the representative of , declares that assures the Texas Water Development Board that it will construct project at , Texas, in accordance with sound construction practice, all laws of the State of Texas, and the rules of the Texas Water Development Board. GIVEN UNDER A1Y HAND and seal of office this 20 My Commission expires day of , Signature Printed Name i ED-1 oa 01 /2009 r CONTRACTOR'S RESOLUTION ON AUTHORIZED REPRESENTATIVE i Name or Names I, I hereby certify that it ,,Alas RESOLVED by a quorum of the directors of the (Name ofCorporauon) meeting on the day of , 20 , that and be, and hereby is/are authorized to act on behalf of , (Name ofCorporation) as its representative in all business transactions conducted in the State of Texas, and: That all above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full forces and effect and; In authentication of the adoption of this resolution, I subscribe my name and j affix the seal of the corporation this day of , 20 04 (seal) w I Secretary ED-101 Revised 11/1/2011 STATE OF TEXAS COUNTY OF § SITE CERTIFICATE Before me, the undersigned notary, on this day personally appeared , a person whose identify is known to me or who has presented to me a satisfactory proof of identity. After 1 administered an oath, this person swore to the following: (1) My name is . I am over 18 years of age and I am of sound mind, and capable of swearing to the facts contained in this Site Certificate. The facts stated in this certificate are within my personal knowledge and are true and correct. (2) 1 am an authorized representative of , an entity that has filed an application for financial assistance with the Texas Water Development Board for a (water) (wastewater) project. LEGAL CERTIFICATION — ONVNERSHIP INTEREST This is to certify that (Legal Name of Applicant, i.e., City, District, etc.) has acquired or is in the process of acquiring the necessary real property interest, as evidenced by fee simple purchase or fully executed earnest money contracts, firm option agreements to purchase the subject property or the initiation of eminent domain procedures, that such acquisition will guarantee access and egress and such interest will contain the necessary easements, rights of way or unrestricted use as is required for the project being financed by the Texas Water Development Board. The legal description is referenced below: i (Location. and Description of Prooertv Interests acguired for Proiectl r Any deeds or other instruments required to be recorded to protect the title(s) held by i (eeal Name of A ]' ni have been recorded or filed for the record in the County deed records or other required location. of It l on F.D-101 Revised 11/1/2011 LEGAL CERTIFICATION — LEASE/CONTRACT In the alternative, I certify that t Wa1 Name of Anplicant. i.e.. Citv. District. etc.) i has executed a written lease or other contractual agreement to use the property needed for this (water) (wastewater) project that extends through , the life of the Texas Water Development Board loan or grant that will be used to finance this project, either in whole or in part. A copy of this lease or agreement is attached hereto. LEGAL CERTIFICATION — PROPERTY EASEMENT L, In the alternative, l certify that (Legal Natne of Applicant, i.e., City. District, etc.) .� has executed an express easement to use the property needed for this (water) (wastewater) project that extends through , the life of the Texas Water Development Board loan or grant that will be used to finance this project, either in whole or in part. A copy of the express easement agreement is attached hereto. EXECUTED this day of , 20 i (Signature) (Print Namc) (Title) Sworn to and subscribed before me by on , 20, Notary Public in and for the State of Texas r [SEAL] My Commission expires: 91 1 el: a S Wa te r Development Board Texas Water Development Board Supplemental Contract Conditions and Instructions For Projects Funded through the Clean Water and Drinking Water State Revolving Fund Loan Programs CWSRF and DWSRF lReplaces ED-004e 0 Table of Contents Applicahili(N................................................................................................................................... 3 Applicationof Conditions............................................................................................................. 3 Modificationsto Provisions.......................................................................................................... 3 GoodBusiness Practices...............................................................................................................4 OtherRequirements..................................................................................................................... 4 Advertisementsfor Bids............................................................................................................... 4 BidProposal.................................................................................................................................. 5 BiddingProcess............................................................................................................................. 6 Instructionsto Bidder Conditions............................................................................................... 7 1. DISADVANTAGED BUSINESS ENTERPRISF. GOALS ..............................................................................7 2. CONTINGENT AWARD OF CONTRACT.....................................................................................................7 3. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION...............................................7 4. DEBARMENT AND SUSPENSION CERTIFICATION................................................................................7 5. BID GUARANTEE..........................................................................................................................................9 6. AWARD OF CONTRACTTO NONRESIDENT BIDDER..........................................................................10 ConstructionContract — Supplemental Conditions................................................................ l 1 I. SUPERSESSION............................................................................................................................................1 1 2. PRIVITY OF CONTRACT.............................................................................................................................1 1 3. DEFINITIONS ................................................................................................................................................11 4. LAWS TO BE OBSERVED...........................................................................................................................1 1 5. REVIEW BY OWNER. and TWDB...............................................................................................................1 1 6. PERFORMANCE AND PAYMENT BONDS...............................................................................................1 1 7. PROGRESS PAYMENTS AND PAYMENT SCHEDULE...........................................................................12 R. WORKMAN'S COMPENSATION INSURANCE COVERAGE..................................................................14 9. CHANGES......................................................................................................................................................14 10. PREVAILING WAGE RATES......................................................................................................................16 Mandatory Davis -Bacon Act Contract Conditions..................................................................................................19 MONTHLY DAVIS BACON ACT CERTIFICATE of COMPLIANCEE...............................................................27 Additional Forms for Davis-Bacon..........................................................................................................................29 STATEMENT OF COMPLIANCE CERTIFICATION BY CONTRACTOR FOR SRF......................................29 DOLPayroll forni WH-347.....................................................................................................................................30 DOL Labor Standards Interview SF-1445...............................................................................................................32 DavisBacon Poster. WH-1321................................................................................................................................33 11. CONTRACT WORK HOURS REQUIRMENTS...........................................................................................34 12. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION.............................................35 13. DEBARMENT AND SUSPENSION.............................................................................................................37 14. DISADVANTAGED BUSINESS ENTERPRISES........................................................................................37 15. ARCHEOLOGICAL DISCOVERIES AND CULTURAL RESOURCES....................................................38 16. ENDANGERED SPECIES.............................................................................................................................39 17. HAZARDOUS MATERIALS........................................................................................................................39 18. PROJECT SIGN.............................................................................................................................................39 19. OPERATION AND MAINTENANCE MANUALS AND TRAINING........................................................39 20. AS -BUILT DIMENSIONS AND DRAWINGS.............................................................................................40 AdditionalForms: ....................................................................................................................... 41 CONTRACTOR'S RESOLUTION ON AUTHORIZED REPRESENTATIVE .................. 43 BIDDER'S CERTIFICATIONS...............................................................................................44 VENDOR COMPLIANCE WITH RECIPROCITY ON NON-RESIDENT BIDDERS ..... 45 Many of the TWDB forms noted in this instruction document may be accessed through the TWDB Website link, httt)://www.tWdb.state.tx.us/financial/instructions/ TN11)13•01, ;n Revised 12/9/N11 Page 2 Applicability These Supplemental Contract Conditions contain provisions that arc worded to comply with certain statutes and regulations which specifically relate to the Clean Water State Revolving ' Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) projects receiving funds " ( made available by the Federal capitalization grants. Provisions which are applicable to the t project's funding source or dollar value of the contract are so noted within with these provisions. Construction projects Nvhich have Colonia Wastewater Treatment Assistance Program (CWTAP) funding do not use these conditions but instead use the EPA Supplemental Conditions and TWDB Special Conditions TWDB-0553 (formerly Ell-004C). Construction projects which are financed by CWSRF Tier 11 (projects receiving state funds) instead use TWDB Supplemental * Conditions TWDB-0551 (formerly ED-004F). Projects with State Loan funding use Supplemental Conditions TVVDB-0552 (formerly ED-004G). Optional provisions that are good business practices are available in ED-004H. r� Application of Conditions The conditions and forms listed under the section, Instructions to Bidder Conditions, are to be included in the instructions to bidders for construction services. The provisions listed under the section, Construction Contract — Supplemental Conditions, should be included with the other general and special conditions that are typically included in the construction contract documents by the design engineer. Modifications to Provisions The Applicant may need to modify parts of these provisions to better fit the other provisions of the construction contract. The Applicant and the consulting engineer should carefully study these provisions before incorporating them into the construction contract documents. In particular, Water Districts and other types of districts should be aware of statutes relating to their creation and operation which may affect the application of these conditions. The Owner (Sub -Recipient) is to determine and incorporate the affirmative action goals for the project into supplemental Condition No. 12. Condition No. 15, Archeological Discoveries and Cultural Resources, and Condition No. 16, Endangered Species, may be superseded or modified by project specific conditions established during the application process. These documents may confer certain duties and responsibilities on the consulting engineer that are beyond, or short of, what the Applicant intends to delegate. The Applicant should ensure that the contractual agreement with the engineer provides for the appropriate services. Otherwise the Applicant should revise the wording in these special conditions to agree with actually delegated functions. TWDB"0550 Revised 12/9/2011 Page 3 Good Business Practices There are other contract provisions that the Owner and Designer need to include as a matter of good business practice. It is recommended that provisions addressing the following matters be included in the construction contract. Contract Provisions that satisfy these are available from TWDB upon request. • Specifying the time frame for accomplishing the construction of the project, and the consequences of not completing on time, including liquidation damages. Specifying the type and dollar value of and documentation of insurance the contractor is to carry. At a minimum, the contractor should carry liability and builder's risk insurance. Identifying the responsibility of the contractor - Responsibility and warranty of work. • Price reduction for defective pricing of negotiated costs. • Differing site conditions - Notice and claims regarding site conditions differing from " indicated conditions. • Covenants against contingent fees - Prohibit contingent fees for securing business. • Gratuities - Prohibitions against offering and accepting gratuities. • Audit and access records. • Suspension of work - Conditions under which owner may suspend work. • Termination - Conditions under which owner may terminate. • Remedies - How disputes will be remedied. Other Requirements There may be other local government requirements and applicable Federal and State statutes and J regulations which are not included by these conditions. It is the Loan/Grant Owner's (Sub - Recipient's) responsibility to ensure that the project and all contract provisions are consistent with the relevant statutes and regulations. Advertisements for Bids The official advertisement for bids that is published in newspapers should include certain information such as but not limited to the following: • A clear description of what is being procured. • How to obtain plans and specifications, PRS, and necessary forms and information. • The date and time by which bids are to be received (deadline). • The address where bids are to be provided. • This contract is contingent upon release of funds from the Texas Water Development Board (TWDB). • Any contract or contracts awarded under this Invitation for Bid (IFB) or Request for Qualifications (RFQ) are expected to be funded in part by financial assistance from the T\N7DB. Neither the State of Texas nor any of its departments, agencies, or employees are or will be a party to this IFB, RFQ, or any resulting contract. 'JAMB•0550 Revised 12/9/2011 Page 4 i • This contract is subject to the Environmental Protection Agency's (EPA) "fair share policy", which includes EPA -approved "fair share goals" for Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) firms in the Construction, Supplies, Equipment, and Services procurement categories. EPA's policy requires that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts, and procurements to Minority Business Enterprise and Women -Owned Business Enterprise firms. Although EPA's policy does not mandate that the fair share goals be achieved, it does require applicants and prime contractors to demonstrate use of the six affirmative steps. The current fair share goals for the State of Texas are as follows: CATEGORY ,I NIBE WBE CONSTRUCTION �� 34.8% �� 6.7°0 SUPPLIES II 9.7% 5.2% EQUIPMENT �� 7.2% 4.1% SERVICES II 16.1 % I� 21.3% • Equal Opportunity in Employment - All qualified Applicants will receive consideration for employment without regard to race, color, national origin, sex, religion, age, or handicap. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under TWDB financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach, which may result in the termination of the awarded financial assistance. • Right to reject any and all bids. • All laborers and mechanics working on the work site and employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Clean Water State Revolving Fund or Drinking Water State Revolving Fund shall by paid wages as described in the section, Mandatory Davis -Bacon Act Contract Conditions. • Any contracts in excess of $2,000 for construction, alteration or repair (including painting and decorating and funded under the Clean Water State Revolving Fund and Drinking Water State Revolving Fund programs shall include the Mandatory Davis -Bacon Act Contract Conditions. Bid Proposal The Bid proposal form should account for the following: • If a lump sum bid, account for Property Consumed in Contracts to Improve Real Property. Tax Code 151.056. • Distinguish Eligible and Ineligible items. • Accommodate Trench Safety requirements with separate per unit pay item for trench excavation safety protection Health and Safety Code Chapter 756. • Include space for Contractor to acknowledge receipt of each Addendum issued during the bidding process. TWDB-0550 Revised 12/9/2011 Page 5 Bidding Process The Plans and Specifications should include an explanation of how the bids will be processed i and should include the following components: 1 • Whether a Pre -bid Conference will be held, whether it is optional or mandatory, and where I and when it will be held. j• Specify the criteria and process for determining responsiveness and responsibility of the bidder I Specify the method of determining the successful bidder and award (i.e., award to the lowest responding, responsible bidder, accounting for any multiple parts to bids.) • Allow for withdrawal of a bid due to a material mistake. • Identify the time frame that the bids may be held by the Owner before awarding a contract. (i.e., typically for 60 or 90 days.) Acknowledge right of the Owner to reject any and all bids. All proposed modifications to these conditions should be brought to the attention of and discussed with the appropriate TWDB area engineer. The T%AIDB engineer can also answer any questions regarding these conditions. The questions and proposed modifications can be sent to the following address: Texas Water Development Board Construction Assistance P. O. Box 13231 Austin, Texas 7871 1-3231 (512) 463-7853 FAX (512) 475-2086 TWDB-0550 Revised 12/9/2011 Page 0 M Instructions to Bidder Conditions 1. DiSADVAN'TAGED BUSINESS ENTERPRISE GOALS The Texas Water Development Board's (TVA'DB) Clean Water and Drinking Water State Revolving Fund programs receive federal funds from the U. S. Environmental Protection Agency (EPA). As a condition of federal grant awards, EPA regulations require that loan recipients make a "good faith effort" to award a fair share of work to DBE's who are Minority Business Enterprises (MBE's), and Women -owned Business Enterprises (MBE's) whenever procuring construction, supplies, services and equipment. More information on Disadvantaged Business Enterprise requirements (DBE) is available under section 14. DISADVANTAGED BUSINESS ENTERPRISES. The current fair share goals for the State of Texas are as follows: CATEGORY I%1BE M'BE CONSTRUCTION 12.94% 8.72% EQUIPMENT 7.12%. 5.39% SUPPLIES 9.69% 9.34% SERVICES 10.84% 5.72% 2. CONTINGENT A\N'ARD OF CONTRACT ■ This contract is contingent upon release of fiends fi-om the Water Development Board. Any contract(s) awarded under this Invitation for Bids is/are expected to be funded in part by a loan or grant from the Texas Water Development Board and a grant from the United States Environmental Protection Agency, U.S. EPA. Neither the State of Texas, the U.S. EPA, nor any of its departments, agencies, or employees, are or will be a party to this Invitation for Bids or any resulting contract. 3. EQUAL ENIPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION All qualified applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations 41 CFR Part 60-2 Affirmative Action Programs which include the President's Executive Order No, 11246 as amended by Executive Order 11375. 4. DEBARMENT AND SUSPENSION CERTIFICATION This contract is subject to the provisions the Federal Debarment and Suspension requirements of 2CFR Part 1532.220 and 1532.332. Instructions for Certification 4.1 By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 4.2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. if it is later determined that the r prospective lower tier participant knowingly rendered an erroneous certification, in „ TWDB-0550 Revised 12/9/2011 Page 7 addition to other remedies available to the Federal Government the department or agency �+ with which this transaction originated may pursue available remedies, including suspension and/or debarment. 4.3 The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4.4 The teens covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and t voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact _ the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. ` 4.5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 4.6 The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 4.7 A participant in a covered transaction may rely upon a certification of a prospective M participant in a lower tier covered transaction that it is not proposed for debarnent under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from u covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it deternlines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 4.8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 4.9 Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions. 11 TWU13.0550 Revkod 12/0/2011 Page 8 M (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment. declared ineligible, or voluntarily excluded from participation in this transaction by r any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 5. BID GUARANTEE Each bidder shall furnish a bid guarantee equivalent to five percent of the bid price. (Water Code 17.183). if a bid bond is provided, the contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Art. 7.19-1. Bond of Surety Company; Chapter 7 of the Insurance Code. TWIM-OSSO Revised 12/9/2011 Page ru •� 6. AWARD OF CONTRACT TO NONRESIDLNT BIDDER A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparablc contract in the state in which the nonresident's principal place of business is located. A non-resident bidder is a contractor whose corporate offices or principal place of business is outside of the state of Texas. (Source: Texas Government Code Chapter 2252 Subchapter A Nonresident Bidders, (§ 2252.002.) The bidder will complete form WRD-259 which must be submitted with the bid. Forms to be submitted with Bid: • Bidder's Certifications (WRD-255) regarding Equal Employment Opportunity and Non - Segregated Facilities r • Prime Contractor Affirmative Steps Certification and Goals (WRD-217) • Vendor Compliance with Non -Resident Bidder Requirements (WRD-259) • Certification Regarding Debarment, Suspension and Other Responsibility Matters, SRF- 404 - - f TWDB-0550 Revised 12/9/2011 Page 10 Construction Contract -- Supplemental Conditions 1. SUPERSESSION The Owner and the contractor agree that the TWDB Supplemental Conditions apply to that work eligible for Texas Water Development Board assistance to be performed under this contract and these clauses supersede any conflicting provisions of this contract. 2. PRIVITY OF CONTRACT Funding for this project is expected to be provided in part by the Texas Water Development Board. Neither the State of Texas, nor any of its departments, agencies or employees is, or will be, a party to this contract or any lower tier contract. This contract is subject to applicable provisions 31 TAC Chapter 363 in effect on the date of the assistance award for this project. 3. DEFINITIONS _ (a) The term Owner means the local entity contracting for the construction services. (b) The term "TWDB" means the Executive Administrator of the Texas Water Development Board, or other person who may be at the time acting in the capacity or authorized to perform the functions of such Administrator, or the authorized representative thereof. 4. LANA'S TO BE OBSERVED In the execution of the Contract, the Contractor must comply with all applicable Local, State and Federal laws, including but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and Local laws, ordinances and regulations which in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner, Texas Water Development Board, and their representatives against any claim arising from violation of any such law, ordinance or regulation by himself or by his subcontractor or his employees. �► S. REVIENN' BY OWNER, and TNA'DB (a) The Owner, authorized representatives and agents of the Owner, and TWDB shall, at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through authorized representatives or agents. (b) Any such inspection or review by the TWDB shall not subject the State of Texas to any action for damages. 6. PERFORMANCE AND PAYMENT BONDS Each contractor awarded a construction contract furnish performance and payment bonds: TWDB-0550 Revised 12/9/2011 Nag, 1 1 i .. (a) The performance bond shall include without limitation guarantees that work done under the contract will be completed and performed according to approved plans and specifications and in accordance with sound construction principles and practices. and (b) The performance and payment bonds shall be in a penal sum of not less than 100 percent of the contract price and remain in effect for one year beyond the date of approval by the engineer of the political subdivision. (c) The contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Art. 7.19-1. Bond of Surety Company. Chapter 7 of the Insurance Code. 7. PROGRESS PAYMENTS AND PAYMENT SCHEDULE (a) The Contractor shall submit for approval immediately after execution of the Agreement, a carefully prepared Progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work, the anticipated monthly payments to become due the Contractor, and the accumulated percent of progress each month. (b) The following paragraph applies only to contracts awarded on a lump sum contract price: COST BREAKDONAIN - The Contractor shall submit to the Owner a detailed breakdown of his estimated cost of all work to be accomplished under the contract, so arranged and itemized as to meet the approval of the Owner or funding agencies. This breakdown shall be submitted promptly after execution of the agreement and before any payment is made r to the Contractor for the work performed under the Contract. After approval by the Owner the unit prices established in the breakdown shall be used in estimating the amount of partial payments to be made to the Contractor. (c) Progress Payments (1) The Contractor shall prepare his requisition for progress payment as of the last f day of the payment month and submit it, with the required number of copies, to the Engineer for his review. Except as provided in Paragraph (3) of this subsection, the amount of the payment due the Contractor shall be detennined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) five percent (5%) minimum of the total amount, as a retainage and Q) the amount of all previous payments. The total value of work completed to date shall be based on the actual or estimated quantities of work completed and on the unit prices contained in the agreement (or cost breakdown approved pursuant to section 6.b relating to lump sum bids) and adjusted by approved change orders. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection by the Engineer. (2) The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the TWb13•0550 Revised 12/9/2011 Page 12 r delivery of all improvements embraced in this Contract complete and satisfactory as to the Owner in all details. (3) This clause applies to contracts when the Owner is a Municipal Utility District, or Water Control and Improvement District. The retainage shall be ten percent minimum of the amount otherwise due until at least fifty percent of the work has been completed. After the project is fifty percent completed, the District may reduce the retainage from ten percent to no less than five percent. (4) The five percent (5%) minimum retainage of the progress payments due to the Contractor may not be reduced- until the building of the project is substantially complete and a reduction in the retainage has been authorized by the TWDB. (5) The following clause applies only to contracts where the total price at the time of execution is $400,000 or greater and the retainage is greater than 5% and the Owner is not legally exempted from the condition (i.e. certain types of water districts). (6) The Owner shall deposit the retainage in an interest -bearing account, and the interest earned on such retainage funds shall be paid to the Contractor after completion of the contract and final acceptance of the project by the Owner. (d) Withholding Payments. The Owner may withhold from any payment otherwise due the Contractor so much as may be necessary to protect the Owner and if so elects may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his subcontractors or Material dealers, or to withhold any moneys for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. d (e) Payments Subject to Submission of Certificates. Each payment to the Contractor by the Owner shall be made subject to submission by the Contractor of all written certifications required of him and his subcontractors by Section 3 hereof (relating to labor standards) and other general and special conditions elsewhere in this contract. b (f) Final Payment. (1) Upon satisfactory completion of the work performed under this contract, as a condition before final payment under this contract or as a termination settlement j under this contract the contractor shall execute and deliver to the Owner a release of all claims against the Owner arising under, or by virtue of, this contract, except claims which are specifically exempted by the contractor to be set forth therein. T Unless otherwise provided in this contract, by State law or otherwise expressly agreed to by the parties to this contract, final payment under this contract or settlement upon 1 TWDB-0550 Revised 12/9/2011 Page 13 termination of this contract shall not constitute a waiver of the Owner's claims against the contractor or his sureties under this contract or applicable performance and payment bonds. (2) After final inspection and acceptance by the Owner of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the carefully measured or computed quantity of each item of work at the applicable unit prices stipulated in the Agreement or cost breakdown (if lump sum), as adjusted by approved change orders. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. (3) The retainage and its interest earnings, if any, shall not be paid to the Contractor until the TWDB has authorized a reduction in, or release of, retainage on the contract work. r+ (4) Withholding of any amount due the Owner, under general and/or special conditions regarding "Liquidated Damages," shall be deducted from the final payment due the Contractor. - 8. WORKMAN'S COMPENSATION INSURANCE COVERAGE (a) The contractor shall certify in writing that the contractor provides workers' compensation EF insurance coverage for each employee of the contractor employed on the public project. (b) Each subcontractor on the public project shall provide such a certificate relating to coverage of the subcontractor's employees to the general contractor, who shall provide the subcontractor's certificate to the governmental entity. (c) A contractor who has a contract that requires workers' compensation insurance coverage may provide the coverage through a group plan or other method satisfactory to the governing body of the governmental entity. (d) The employment of a maintenance employee by an employer who is not engaging in j building or construction as the employer's primary business does not constitute engaging in building or construction. (e) In this section: (1) "Building or construction" includes: (A)erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; (B) remodeling, extending, repairing, or demolishing a structure; or (C) otherwise improving real property or an appurtenance to real property through similar activities. (2) "Governmental entity" means this state or a political subdivision of this state. The term includes a municipality. 9. CHANGES (a) The Owner may at any time, without notice to any surety, by written order, make any change in the work within the general scope of the contract, including but not limited to changes: (1) In the specifications (including drawings and designs); on TWUB•0550 Revised 12/9%2011 Page 14 (2) In the time, method or manner of performance of the work; (3) In the Owner -furnished facilities, equipment, materials, services or site, or (4) Directing acceleration in the perfornance of the work. (5) The original contract price may not be increased under this section by more than 25 percent. The original contract price may not be decreased under this section by more than 25 percent without the consent of the contractor. (Local Government Code 271.060) �• (b) A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the Owner which causes any change, provided the contractor gives the Owner written notice stating the date, circumstances and source of the order and that the contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement or conduct of the Owner shall be treated as a change under this clause or entitle the contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the contractor's cost or the time required to perform any part of the work under this contract, whether or not changed by any order, the Owner shall make an equitable adjustment and modify the contract in writing. Except for claims based on defective specifications, no claim for any 4 change under paragraph (a)(2) above shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required in paragraph (a)(2). In the case f of defective specifications for which the Owner is responsible, the equitable adjustment 1 shall include any increased cost the contractor reasonably incurred in attempting to comply with those defective specifications. (e) If the contractor intends to assert a claim for an equitable adjustment under this clause, ► the contractor must, within 30 days after receipt of a written change order under paragraph (a)( 1) or the furnishing of a written notice under paragraph (a)(2), submit a written statement to the Owner setting forth the general nature and monetary extent of such claim The Owner may extend the 30-day period. The contractor may include the statement of claim in the notice under paragraph (2) of this changes clause. (f) No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. (g) Changes that involve an increase in price will be supported by documentation of the costs components in a format acceptable to the Owner. TWDB-0550 Revised 12/9/2011 Page 15 10. PREVAILING WAGE RATES Insert Wage Rate Detennination(s). A "wage determination" is the listing of wage and fringe benefit for each classification of laborers and mechanics which the Administrator of the Wage and Hour Division of the U.S. DOL has determined to be prevailing in a given area for a particular type of construction. The DBA Wage Determinations are classified by the nature of the construction projects performed, specifically listed as "schedules": residential, building, highway. and heavy construction. Insert Wage Rate Determinations indicating which construction type is being used. (More than one may be checked). (a) ❑ Construction Type: Heavy determination This determination includes those projects that are not properly classified as either "building," "highway," or "residential." Unlike these classifications, heavy construction is not a homogenous classification. Because of this catch-all nature, projects within the heavy classification may sometimes be distinguished on the basis of their particular project characteristics, and separate schedules may be issued for dredging projects, water and sewer line projects, dams, major bridges, and flood control projects. (b) ❑ Construction Type: Highway determination This determination includes construction, alteration or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, parking areas, and other similar projects not incidental to building or heavy construction. (c) ❑ Construction Type: Building determination This determination includes construction of sheltered enclosures with walk-in access for the purpose of housing persons, machinery, equipment or supplies; all construction of t such structures; the installation of utilities and of equipment, both above and below grade levels, as well as incidental grading, utilities and paving. Such structures need not be "habitable" to be building construction. Also, the installation of heavy machinery and/or equipment does not generally change the project's character as a building. (d) ❑ Construction Type: Residential This determination includes the construction, alteration or repair of single-family houses, apartment buildings of no more than four stories in height. This includes all incidental items such as site work, parking areas, utilities, streets, and sidewalks. Entities should review their contractor's wage decisions and confirm they provide an adequate classification of the labor required for the specific construction contract. Most CWSRF and DWSRF projects will fall under the "Heavy" construction type, but entities should ask their consulting engineers if unsure. Some contracts or projects may require more than one general schedule to be included depending on the nature and extent of the work (i.e. a building is constructed in a water treatment facility). This is described in more detail in DOL's All Agency Memo No. 131. See website httn://www.dol.gov/whd/programs/dbra/memorand.htm. In such cases, the contracting agency should designate the work to which each wage determination or part thereot'applies per FAR 22.404-2 thru 404-3 (Federal Acquisition Regulations), TWDB-0550 Revised 12/9/2011 Page 10 _ https:Hm,ww.acquisition.i;ov/far/curren"tml/Subt)art%2022 4.html#mi)1102017. Should overlaps occur in the %%rage classification schedules for the contract(s), the owner may consider adopting the higher rate classification. In all cases, the entity is responsible to insure an adequate classification is provided to insure compliance with the law. Where contractors alert the owner that the classification is inadequate, the owner should work with the contractor and the DOL to address any valid concerns. See the Contact Information for additional resources. Contact Information All questions regarding the DBA guidance can be directed to: U.S. Department of Labor Wage and Hour Division 1-866-4USWAGE (1-866-487-9243), TTY: 1-877-889-5627, Monday -Friday 8 a.m. to 8 p.m. Eastern Time. If you require further information about the DBA and how to apply it to your project, please contact the Texas Water Development Board, Mark Hall, P.E., Director, at (512) 463-8489. Additional Resources: 1. For Wage Determinations applicable to construction projects in Texas: httr)://www.wdol.pov/dba.aspx#3 1 2. Source for determine the prevailing wage rate for each state and county is on the web page, Selecting DBA Wage Decisions, provides criteria for state and county: - httn://www.wdol.ao\,/arclidba.asr)x i J a 3. For more information on prevailing wage and wage determinations visit the Prevailing Wage Resource Book: httn://www.dol.aov/whd/recovery/pwrb/toc.htm 4. The United States Department of Labor websitc: httn://www.dol.gov/compliance/laws/comp-dbra.htm The webpage provides an overview, compliance assistance material, poster information, recordkeeping, DOL contact information and more. 5. Davis -Bacon and Related Acts (DBRA) Frequently Asked questions More in-depth information can be accessed at the Department of Labor (DOL) website: htti)://www.dol.eov/wlid/t)roLrrams/dbra/faqs.htm T11'DB-0550 Revised 12/9/2011 Page 17 Contact Information — DOI, Texas Offices Dallas District Office US Dept. of Labor Wage & Hour Division The Offices h Brookhollo►v 1701 E. Lamar Blvd.. Suite 270, Box 22 Arlington, TX 76006-7303 Houston District Office US Dept. of Labor Wage & Hour Division 9701 S.Gessner Drive, Suite 1 164 Houston, TX 77074-2944 McAllen District Office US Dept. of Labor Wage & Hour Division 320 N. Main Street, Room 238 McAllen. TX 78501 Corpus Christi Area Office US Dept. of Labor Wage & Hour Division Wilson Plaza 606 W. Carancahua, Suite 705 Corpus Christi, Texas 78476 Phone: (817)861-2150 1-866-4-USW'AGE (1-866-487-9243) Phone: 1(713) 339-5525 i I1-866-4-USWAGI (1-866-487-9243) IPhone: (956) 682-4631 1-866-4-USWAGI: ,(1-866-487-9243) Phone: (361) 888-3152 1-866-4-U S W A G E (1-866-487-9243) Curtis L. Poer District Director Robin Mallet District Director Eden Ramirez District Director Vacant Asst. District Director San Antonio District Office I 1 Phone: Juan Coria US Dept. of Labor (210) 308-4515 District Director Wage & Hour Division 1-866-4-USW'AGI? Northchasc 1 Office Building (1-866-487-9243) 10127 Morocco, Suite 140 San Antonio. TX 78216 West Texas Panhandle and Northwest Quadrant: See Albuquerque, NM Albuquerque District Office Phone: Patricia Davidson Mailing; Address: (505) 248-6100 District Director US Dept. of Labor 1-866-4-USWAGI; Wage and Hour Division (1-866-487-9243) P.O. Box 907 Albuquerque, NM 87103-0907 Physical Address: 500 Gold. SW' - Suite 12000 Albuquerque, NM 87102 TWDB-0550 Revised 12/9/2011 Page 10 DB-0152 Revised 06/25/10 r Texas Water Development Board Mandatory Davis -Bacon Act Contract Conditions i For C\'1'SRF & DNN'SRF Funded Projects Eft PLEASE NOTE: This ian gua �e must be included in all Davis -Bacon covered construction contracts and subcontracts. (29 CFR Part 5.5). Mr (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1) Minimum wages t (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the proiect), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or i cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the i time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. TWDR-0550 Revised 12/9/2011 Page 19 DI3-0152 Revised 06 25i10 t 60 (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage t determination. The contracting; officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: t (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry. and t (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable ^" relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting; officer agree on the classification F and wage rate (including the amount designated for fringe benefits where appropriate), a _ report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of t Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting; officer or will notify the contracting; officer within k the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the t classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including { the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer d or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fri»ge benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor 1 shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act must have been met. The Secretary of M TWOB-0550 Revised 12J9/2011 Page 20 r oft D13-0152 Revised 00/25;10 Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the MP contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the OWNER if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the OWNER. The payrolls submitted shall set out accurately and completely all of the inforniation required to be maintained under 29 CFR 5.5(a)(3)(i). except that full social security numbers and TWDB-0550 Revised 12/9/2011 Page 21 n13-0152 Revised (V25; 10 home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g.. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www,.dol.go\,/whd/forms/wil347instr.litnl or its successor site. The prince contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker. and shall provide them upon request to the applicant, u, sponsor, or owner, as the case may be, for transmission to the applicant, sponsor, or owner, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such inforration is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work I perfornied, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Forni WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. w (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the OWNER or the Department of Labor, and shall permit such TWDB-0550 Revised 12/9/201 1 Page 22 w 1)(3-0152 Revised O6/2510 representatives to interview employees during working hours on the job. if the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, _ take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees 0) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor € Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. if the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that detenmination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.1 G, trainees will not be permitted to work at less than the predeternined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by TWD13-0550 Revised 12/9/2011 Page 2S MW 1u3-0152 Revised 06125/10 +� formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage i rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 1 (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen 1 under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance iwith Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(i ) through (10) and such otter clauses as the may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the TWDB-0550 Revised 12/9/2011 Page 21 w 1)[3-0152 Revised 06125 10 contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility (1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be ,., awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract NVork Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of S 100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. t. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation, liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any ±' subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such ] contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of S 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be detennined to be necessary to satisfy any TWDB-0550 Revised 12/9/2011 Page 25 D13-0152 Revised 06/25, 10 MW 4 liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. E (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime o contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring t that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the r contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours ~ worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or a require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the OWNER and the IF Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. The following form, Monthly Davis Bacon Act Certificate of Compliance Submittal by Owner (Sul) -Recipient) (DB-0154), must be completed by the project owner/sub-recipient and submitted with each monthly/quarterly outlay report. Information on outlay reporting ., may be accessed at: http://H',.i,m,.t,ti,db.state.tx.us/assistance/financial/outlay/ TINT13-0550 Revised 12/9/2011 Page 20 IM-0154 Revised 10%141110 NIONTIM)' DAMS BACON ACT CERTIFICATE' of CONI1'LIANCF. Submittal by Owner (Sub -Recipient) TWDB Project No. Loan/Grant No. ]'his executed certificate must be submitted with each Outlay Report requesting payment for labor included with construction contracts. ] his Certificate applies only for LOANS CLOSED AFTER 10/30/2009. 1 , of' (Name) (Title) hereby certify that interviews, periodic reviews of a (Name of entity) representative sample of the weekly payroll data, and contractor weekly payroll certifications such as ON1I3 No. 1215-0149, have been performed to verify that contractors and subcontractors are paying the appropriate wage rate for compliance with the DAVIS BACON ACT, 40 U.S.C. §§3141 et seq. as amended and in conformance with the U.S. Department of Labor regulations at 29 CFR Part 5, (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction) and 29 CFR Part 3 (Contractors and Subcontractors on Public Work Financed in Whole or in Part by Loans or Grants from the United States). I understand that a false statement herein may subject me to penalties under federal and state laws relating to filing false statements and other relevant statutes. Signature n TWDB-0550 Revised 12/9/2011 m Date E Additional Forms for Davis -Bacon The following fornis are suggestions only and may be used as tools which may aid in complying with the Davis Bacon requirements. 4 TWDB-0550 Revised 12/9/201 ] Page 28 w 4 STATEMENT OF COMPLIANCE CERTIFICATION BY CONTRACTOR FOR SRF TWDB Davis -Bacon Requirements In accordance with Title 29-CFR Part 5.5(a)(3)(ii), each weekly payroll must be accompanied by a Statement of Compliance Certification executed by each contractor/subcontractor employing mechanics and laborers at the work site in which the federal government is to participate. Contractors may choose to use the DOI. form WTI-347 payroll with the accompanying statement of compliance located on the back of Form WI1-347 OR provide contractor's own payroll form using this TWDB Statement of Compliance Certilication, D13-0155. Date: Estimate Number: for the payroll period to Name of Project: Location: Contract Number: TWDB SRF Project #: Date Contract Awarded: 1 ( Name and Title of Signatory Party) do hereby Mate: I I ) That I pay or supervisc the payment. during the above payroll period, of the persons employed by (Contractor or Suhcontractor): that all persons employed on said project have been paid the full weekly wages earned. that no rebates have been or will be made either directly or indirectly to or on hehalf of said (Contractor or Subcontractor) from the fill weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations Part 3 (29 C.P.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (49 Slat. 948, 63 Start. 109, 72 Stai. 967, 76 Stat. 357, 40 11.S.C. § 3145) as described below: (2) That anv pavmlls otherwise under this contract required to be submitted for the above period are correct and complete: that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract: that the classifications set forth therein for each laborer or mechanic confirm with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenliceship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS TWD13-0550 Revised 12/9/2011 DR-0155 Mi 13,11) ❑ in addition to the basic hourly wage rates paid to each laborer or mechanic list( in the above referenced payroll, payments of fringe benefits as listed in the contra, have been or will be made to appropriate programs for the benefit of sue employees. except as noted in section 4(c) EXCEPTIONS below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ Each laborer or mechanic listed in the attached payroll has been paid, as indicate on the payroll, an amount not less than the sum of the applicable basic hourly wag rate plus the amount of the required fringe benefits as listed in the contract, except a noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) REMARKS NAME AND TITLE SIGNATURE EXPLANATION THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. Page 29 - Al ■ V 9 U.S. Department of Labor PAYROLL �WHD Nam and Hour Cav151 r (For Contractor's Optional Use; See Instructions at www.dol.govhvhdfrormt/wh44Tlnstr.htr>h 1J.5. tVatit Ar.J1 Iknr I MS+wrw+ Pormnc r. mf —rra[f 7o rcr.Ty>nr+7; vp C&Qw Jan OfWarrrboan unkae„t 4 a Ow CIrN n0"4)w Pw Ew, ?MA •Ja4r ,. la— I„r_ � i_ it-r�rilr->� I-P � cr.(n,.;, . C4.t6No 7215-014o Eqw" 1201"'011 PA"FA'LL M", + FrrR wEEV ENp>!) PPOJEC T AND LXATI;IN .. =C-• " r n!` rmnnow NAMEANDPOVID+.IALIDEMnFYINLIN-JMBEA j w OFS l•9. LAST FOW DbrTS OF SOCIAL 9E C UP TV "� WOPk n — it=TA! PATE aMC��ll+ HO+PRlO TOTAL. •AJD Nr MPFPI +L CLe 5 / n wtPtn corTlrlbn OI FMn1wN 717 d' ayarnN, { Is mMM1ay for toMred [mbaclo3 aId spb[rrdrrttts OtrT's'rar7 v.pk on F•dmM aront•d a aTvn•d c m9nMhn [oraratlF to r•spdrtd b tM IR/DrrrgtlOr teartrM conlwrod In A f,1 R " 3 7, 5 S(a)TT• OMV.MAn yn r S � { )t a5) torlrwbn and s/itorrRatEDrt p•domrhd nWJrlc On FMwdN dnwr•d a• as44•d tendnrllon tprrlratts b Yvra3n rr••Mt F Aa1•rn![4 W n r•aD•et M a1a vnpaa Ra1d arrA anean•.r duel{ M ixw3adrp �' V 9 D••an•herrr d Labv (DOLL nPAd•w3 a+ 24 C r P • 5 5(*(3) A "." tdUMt—w t•IDrrdrr•aM(a tmw rj al IrW( 13 to na Faddrs Up" corars+hp fO a 5nancaq the m4rt rbn RtOM[t wca nwl by a "m@d'SW1v,—t or Cnl Wfta' In1Ma"tnd n• O•ndk a!• —t and trrnrl•!• antr nt •rn bMrr M flM.nard na• n•yrr o3n m+ Yst n>, tti Rno•t UrtSBacpn ta.yaNnq rp. Sa+•10 n• vran' p•Mlrr•O DOL srd tM•rd collbatllrq apaMIRF retlMRq [MS rt4orr`vtpan rP3rw RM rrrnr+ylturJ rp d•5.min• nr4 JI•.ggya nY• n•'•Mry aq>•Ir ARuMd+rq•F and 5y+d• n.r.T. Molt Rurder Qrdalnrrd W. agWrw• rw b vd wo M wsape OFS5 r J" 10 _vwe+M. to{+[tlT, MtW""W mW." WINM MI3, s Thft —Ala Oda •J ", R. rq and rrtawaalhq?M data nua•d, -d co'OJ•+I'4 ­Anyar 1, tt'• t cq d- M rarlrnptdn R vpp nr a my tOrRnttd3 re .&A MT• •aamta3 or aw ~ a3rlrt Of+Mr [dnr.(bn, hrNA ft agp•alansfar tadptnp nk bvd!R 3•14 lh n t, tM A r3nrarMnr, Was M d H— DNtsbn, V 6 DaoaMWAd It L•tkV Rl— SYpl Rat OnnlM 19- A—., MYW waaMrptnn.Dc mnB (aM •• 1 1 I N I ! 1 in Iw ■ ■ 1 ■ x 1 ■ Data I, (Name of Signatory Parry) (Time) do hereby stale: (1) That I Pay or sup -Asa the payment of the persons employed by � fhhe IConttractor or 9ibcahireclor) . that during the payroll period commencing on the (Balding or Work) day of and ending the day of an persons employed on said prefect have been paid the M ,smelly wages eamed that no rebates have b• or ♦At be made ether dkedty or 0daedly to cr on behalf of said from the lull (Contractor or Subcontractor) w"My wages "rnwd by any person and prat no deductions have been made ether dmecsy or Mtd"efy from the full wages earned by anyperson, other than permissible deductions as defim_d hn RequWans. Pad 3 129 CT R. Subhlte A), issued by the Secretary of Labor under the Copeland Act, as amended (IC Slat. BIB, 93 Start 108, 72 Stat. P97, 76 Slat 357. 40 U.S C. § 3145). and de, 4,ed (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ - Each laborer or merihante tiat•d Mt the rt mm re#on pord has been pad. as Indicated on the payMl, an amount not less than the sum &the apeiiotbra bale hourly wage Me phn"amount of the rearmed ammo. bennoff, Aa iNea In the tors rod. etceV as need 1n %"4iom afc) beret.. (c) EXCEPTIONS EXCEPTION (CRArn EXPUNAT" (2) That eery pavoll otls+vAse under this contract required to be sbmRted for the above period are coned whd wmplele: toot the wge rates fen tob- m ormecthanies c.MrA, ._d thereln ere notless than the applicable wage stet contained in any woor! deter Nation incorporated "a the contract. that the clai0rahons sot forth hereon for each laborer or mechanic amform with the vm,% he performed. 13) That any apprendims, employd In the above perlod are duty reglatered In a bona Ilde Won! tceshlp program registered with a State appttmflceship agency recognized by the Bureau of Apprertnce qI I and Training. UntM States Dpathr ev of Labor, or If no such recognized agency e+isfs M a State, are registered Wth the Bureau of Avprentiresfhip and Trammg, tinted States Depart—t or Labor. (4)That _ - - lal WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS. FUNDS, OR PROGRAMS - In oddttan to the basic hourly wage rates paid to each laborer or meehnank IWed in Ter above r0mei o-d payroll, payments of fringe beneMs as tlg-ed M the contract he** been or Mill be made to appropriate program) for the brrterk of such _'r.R.h.T�4 rrr•.n•.'Q-'-'q MfiSc�tR�N ': lEr',r•!trhpl rM •••tF to Nr?RCCiION:•.t !i'r^( employers. euceot as no" in section afc) bete. , ` t' • ";�•^ "•F` r f _ _ - - DOL Labor Standards Interview SF-1445 htti): //contacts.i-,sa.�,,oN•/fxebforms.nsf'0' 12 B F5 DOI,2DC4484(iR52 56Cl3CO062 F375/Stile/SF4%201445.1)df LABOR STANDARDS INTERVIEW CO'.TRACT ►:UMEE- I Bur '—OY'EE INFORMATION ILA:- NAVE IF AS T NAME NAME O: PA ME CONTRACTO« STREET ADD=E__ NAME O- Pf ;,DYER I ICIT, STATE IZIF'COCE SUPEFVtSOR S hANE LAST NAME `FIRST NABS' Ib1. J DR1 C.ASS-ICATIOI. WAGE AA'E ACTIONI CHECK SELO�': YES 1140 Do you work over 8 hour per day? 1 Do you work over 40 hours per week? ; I Are yo;1 paid at least time and a half for overtime hours? IAre yoU receiving any cash payments for fringe benefits reouinc by the posted wage- determination deeisior? j WHAT DEDUC113,141C OTHET THAN TAXES AND SOCIAL SECV=71' ARE MADE FROIV YOUR FA"t' jNOW 1AAN', RDU=: DAD VOJ WOWON 10UF LA"- ► O;.• OAY BEFO"E TOOL_ VOL' USE THIS IN7ERViE07 i DATE 0= LAST 14ORK DAY BE --ORE 1`1TiRVIEV< r4'1'MM00! DATE YOU BEGAN ViOn,, ON TI-IC PF.OJECT !0AIVOL, THE ABOVE 15 CORRECT TO THE BEST OF Mr KNOViLED=ac' EMPLOYEE': SIGNLTU'E DATE IGNATU=.E IFED 0.+ PRIrCED NAME DATE (YI,A?VvL1 IN,ERVIEVoZR I� INTERVIEWER'S COMMENTS N0;' EMPLOYEE 6AS DOING N'kili Il,TErV.E'A-FC ACTION INsrplaaar,an is nsaz4z. tss co nmsnrs sa ron! YE': NO I r5 GMPLOYEE PROPER-Y CLASSIFIED AND PAID' AR: WAGE RATES AND POSTER: DISP.AYEC7 FOR USE 61' PA OLL CHECKER. t; ABOVE INFORMATION IN AGMEMENT VI'ITH PAYROLL DATA! YE: ri NO MEhT: No N CHEC'r Et I LAST NAME IrIRCT NAM: IA'I IJOE TITLE I S SNATURE DATE 0 VMVCf� I � I AUTlJOR-.EDFORLOCALaEPRODUCT,Gt. STANDARD FORM 1445 MEt'.1:?. Prsv,ow edrion no-wat;G F-a:mizoo t. GSA • FAc t4i CFR. 53 2 T1'VDB-0550 Revised 12/9/2011 Page 32 Davis Bacon Poster, W11-1321 http://www.dol.gp%, who/revs/compliance/posters/davis.ht►ii E1ftPL0`y'rEE RIGHTS UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid not less than the wage rate listed in the Davis -Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met_ Davis -Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: or contact the U.S. Department of Labor's Wage and Hour Division. For additional infotTnation: 1-866-4-USWAGE WHO (1-866-487-9243) TTY:1-877-889-5627 W=.WAGEH0UR.D0L.G0V U.S Derm0menl of Laba I Empbyment Sw,dwds Adma-mmi.i, I Mope "Wur Oivrwoii wN ia:�M-• �4 .rr.: I on TWDI3-0550 Revised 12/9/2011 Page 33 11. CONTRACT 1\'ORK IIOUIZS REQt1IRNIENTS (29 CFR 5.1, & 5.6) This provision only applies to Clean Water State Revolving Fund Program projects and Drinking Water Financial Assistance Program projects which receive funds made direcil_y available by Federal funding. This contract is subject to Title 29 Code of Federal regulations Part 5 concerning Contract Work Hours, including but not limited to the following. (a) Sec. 5.5 Contract provisions and related matters omitted. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b) (1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such ° workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. in the event of any violation of the clause set forth in paragraph (b) (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) i (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph i (b) (1) of this section. _ (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant Owner) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold „ or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. TWD13-0550 Revised 12/9/201 1 Page 34 0 The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b) (1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a ■ clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including ■ guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, ` copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 12. EQUAL ENIPLOYMENT OPPORTUNITY AND AFFIRMATIVE, ACTION This provision only applies to Clean Water State Revolving Fund Program projects and Drinking E Water Financial Assistance Program projects which receive funds made directly available by Federal funding and the contract agreement is for more than $10,000. During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, or national origin. F; The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, handicap, or national origin. Such action shall include, but not be t; limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor L agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, age, handicap, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. TWDB-0550 Revised 12/9/2011 Page 35 (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965. the Age Discrimination in Employment Act of 1967,29 U.S.C.A. 621 (1985), Executive Order 12250 of November 2. 1980. the Rehabilitation Act of 1973, 29 U.S.C.A. 701 et seq. (1985), and of the rules, regulations, and relevant orders of the Secretary of Labor. ■ (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor. or pursuant thereto, and will permit access to his books, records, and ■ accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be ,. declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 1246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The t� Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: PROVIDED, HOWEVER, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interest of the United States. MN (11) The Contractor will comply with Executive Order 11246 based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Standard Federal Equal Employment Opportunity Construction Contract Specifications, as set forth in 41 CFR Part 60-4 and its efforts to meet the goals U established for the geographical area where the Contract is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its p, projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's I goals shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. The goals are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should I reasonably be able to achieve in each construction trade in which it has employees in the covered area. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of federal contract TWDB-0550 Revised 12/9/2011 Page 3o ••� compliance programs office or from federal procurement contracting officers (512) 229-5835. The Contractor is expected to make substantially uniform progress toward its goal in each craft during the period specified. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $l 0,000 the provisions of these specifications and the notice which contains the applicable goals set for minority and female participation and which is set forth in the solicitations from which this contract resulted. 13. DEBARMENT AND SUSPENSION This provision applies only to Clean Water State Revolving Fund Program projects and Drinking Water Financial Assistance Program projects which receive funds made directly available by ~ Federal funding. This contract is subject to the Title 40 Code of Federal Regulations Pan 32 concerning Debarment and Suspension. The contractor will comply with the assurances provided with the bid that led to this contact. 14. DISADVANTAGED BUSINESS ENTERPRISES i This provision only applies to Clean Water State Revolving Fund Program projects and Drinking Water Financial Assistance Program projects. Applicants requesting federal financial assistance through the SRF programs must include the form TWDB-0215 with the loan application. After loan commitment, but prior to closing, applicants must provide a TWD13-0216 and Y TWDB-0373 forms. The prcject's Prime Engineer, Financial Advisor, and Bond Counsel must complete a TWDB-0217 form and indicate if any subcontracting opportunities will be available or if the contractor will be self -performing the contract. Regardless of the procurement's outcome, all entities must submit a TWDB-0373 and list the contractors selected by the applicant for the project. Failure to include a contractor and contract amount will result in denial of payment until the proper documentation has been reviewed and approved. For each construction contract, applicants are required to submit a TWD13-0216 and TWDB- 0373 for the procurement of the project's Prime Contractor. If the Prime Contractor is utilizing subcontractors for the project, then additional TWDB-0216 and TWDB-0373 forms will be required for submittal prior to request for payment. TWDB-0216 — Applicant/Entity TWDB-0217 — Prime Engineer, Financial Advisor, Bond Counsel i; TWDB-0373 — Applicant/Entity TWDB-0216 — Prime Contractor TWDB-0373 — Prime Contractor (a) The Contractor shall, if awarding sub -agreements, to the extent appropriate for the goals listed in the instructions to bidders make a good faith effort to award a fair share of work - to DBE's who are Minority Business Enterprises (MBE's) and Women -owned Business Enterprises (WBE's) as sources of supplies, construction, equipment and services by taking the following steps: 4 41 TWDB-0550 Revised 12/9/2011 Pape 37 4 (1) Ensure DBEs are made aware of contracting opportunities including qualified small, minority, and women's businesses on solicitation lists; (2) Assuring that small, minority, and wonlcn's businesses are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of small, minority, and wonlen's businesses; (4) Establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority, and women's businesses; and (5) Using the services and assistance of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropriate. (b) The Contractor shall submit to the Owner information on utilization of minority and women business enterprises within 30 days of entering into an agreement with a minority or women business enterprise. (c) The Contractor shall maintain a documentation file on all efforts to obtain Minority and Women -Owned Business Participation. (d) The contractor shall not discriminate on the basis of race, color, national origin or sex in ., the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. The above forms are available from the TWDB websitc, httt)://wA,w.twdb.state.tx.us/financial/oroaranis/DBE/dbe.aso or from the DBE program infornation website, httn:Hw",.t",db.state.tx.us/financial/nroLrrams/DBE/dbe.ast) IS. ARCHEOLOGICAL DISCOVERIES AND CULTURAL RESOURCES No activity which may affect properties listed or properties eligible for listing in the National Register of Historic Places or eligible for designation as a State Archeological Landmark is authorized until the Owner has complied with the provisions of the National Historic Preservation Act and the Antiquities Code of Texas. The Owner has previously coordinated. with the appropriate agencies and impacts to known cultural or archeological deposits have been avoided or mitigated. However, the Contractor may encounter unanticipated cultural or archeological deposits during construction. If archeological sites or historic structures which may qualify for designation as a State Archeological Landmark according to the criteria in 13 TAC 41.6 - 41.10, or that may be eligible for listing on the National Register of Historic Places in accordance with 36 CFR Part 800, are discovered after construction operations are begun, the Contractor shall immediately cease TWDB-0550 Revised 12/9/2011 Page 38 011 a. I operations in that particular area and notify the Owner, the TWDB, and the Texas Historical Commission, 1511 N. Colorado St., P.O. Box 12276, Capitol Station, Austin, Texas 78711-2276. i The Contractor shall take reasonable steps to protect and preserve the discoveries until they have been inspected by the Owner's representative and the TNN'DB. The Owncr will promptly coordinate with the State Historic Preservation Officer and any other appropriate agencies to 1- obtain any necessary approvals or permits to enable the work to continue. The Contractor shall 0 not resume work in the area of the discovery until authorized to do so by the Owner. 16. ENDANGERED SPECIES No activity is authorized that is likely to jeopardize the continued existence of a threatened or ( endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. If a threatened or endangered species is encountered during construction, the Contractor shall immediately cease work in the area of the encounter and notify the Owner, who will immediately E implement actions in accordance with the ESA and applicable State statutes. These actions shall i include reporting the encounter to the TWDB, the U. S. Fish and Wildlife Service, and the Texas Parks and Wildlife Department, obtaining any necessary approvals or permits to enable the work to continue, or implement other mitigation actions. The Contractor shall not resume construction in the area of the encounter until authorized to do so by the Owner. 17. HAZARDOUS MATERIALS Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner will be responsible for the testing for and removal or disposition of hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner. 18. PROJECT SIGN A project IDENTIFICATION SIGN will be provided to the contractor. The contractor shall erect the sign in a prominent location at the construction project site or along a major thoroughfare within the community as directed by the Owner. 19. OPERATION AND MAINTENANCE MANUALS AND TRAINING (a) The Contractor shall obtain installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. The Contractor shall submit three copies of each complete manual to the Engineer within 90 days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. (b) The Owner shall require the Engineer to promptly review each manual submitted, noting necessary corrections and revisions. If the Engineer rejects the manual, the Contractor Will TWDB-0550 Revised 12/9/2011 Page 31) l E shall correct and resubmit the manual until it is acceptable to Engineer as being in conformance with design concept of project and for compliance with information given [ . in the Contract Documents. Owner may assess Contractor a charge for reviews of same items in excess of three (3) times. Such procedure shall not be considered cause for delay. Acceptance of manuals by Engineer does not relieve Contractor of any L requirements of terms of Contract. No (c) The Contractor shall provide the services of trained, qualified technicians to check final equipment installation, to assist as required in placing same in operation, and to instruct i operating personnel in the proper manner of performing routine operation and maintenance of the equipment. ( (d) Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, t test, and start-up the equipment. (e) Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. The manual shall contain the following applicable items: (1) A listing of the manufacturer's identification, including order number, model, serial number, and location of parts and service centers. r (2) A list of recommended stock of parts, including part number and quantity. (3) Complete replacement parts list. (4) Performance data and rating tables. (5) Specific instructions for installation, operation, adjustment, and maintenance. (6) Exploded view drawings for major equipment items. (7) Lubrication requirements. (8) Complete equipment wiring diagrams and control schematics with terminal identification. 0 20. AS -BUILT DIMENSIONS AND DRAWINGS .R (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical locations of work. (2) Changes in equipment and dimensions due to substitutions. '1 WD13-0550 Revised 12/9/2011 Page 40 (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and'changes to scope of work. (5) Any other changes made. Additional Forms: Contractor's Ac t of Assurance (ED-103) Contractor's Resolution on Authorized Representative (ED-104) Affirniative Steps Solicitation Report (TWDB-0216) Loan/Grant Participation Summary (TWDB-0373) Bidder's Certification (WRD-255) Prime Contractor Affirmative Steps Certification and Goals (TWDB-0217) Vendor Compliance with Reciprocity on Non -Resident Bidders (TWDB-0459) These fornis are available on the TWDB website, httn.//www.twdb.state.tx.us/financial/instructions! TWDB-0550 Revised 12/9/2011 Page 41 I ow cu-i0; 01 /0;r20 t o CONTRACTOR'S ACT OF ASSURANCE STATE OF TEXAS j COUNTY OF To.((OA BEFORE A1E, I(it , Notary Public duly commissioned and qualified in and for the County of ,rran� in the State of Texas came and appeared L q'tVMUIW)rftM . as represented by k.aL7tt,<jo t IC �a carporatiot�atio sls C� t,who declares he/she is authorized to QC represent �� C. `�S'ursuant to provisions of a resolution l Var�(3V t W adopted by said r„,})via iioii on the 1� day of0AIX( _, 20� (a duly certified copy of such resolution is attached to and is hereby made a part of this document). ala C?Aga(7 ' as the representative of l�l(JS (. declares thatCaltk';�5c&lassslures the Texas VJatcr Development Board that it will construct Lp is 9Z, I project at R+W04 , Texas, 'r in accordance with sound construction practice, all laws of the State of Texas, and the rules of the Texas Water Development Board. me GIVEN UNDER MY HAND and seal of office this �b}� day ofTA,1, ���,PY PtV�` 1'r 20 A.D.o�, •ea, TANA STEPHENS s� "s Notary Public, State of Texas I�W,4 �4�7 �.� My Commission Expires y ,r February 07, 2g16 n ' R Printed Name • L ' '1 My Commission expires N T11'U13-0550 Revised 12/9/2011 Page 42 .o CONTRACTOR'S RESOLUTION ON AUTHORIZED REPRESENTATIVE m Name or Names 1 hereby Certifi, that it was RESOLVED by a quorum of the directors of t}ic r� Cu4Tac� . ]neetln� nanIC ( f (-I11Ilk ITal lfln f 1 I on the day of ?J' . 201, that L ve�i 1, ���• �('�'1'1 � ,�I� • �,��,,�. and Mai � , and beret. v 15, authorized to act on behall'of Ir'k (TS as its ❑alilC Of cmpol-atit'll i representative, in all business transactions conducted in the State of Texas, and; That all above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full forces and effect; and-, In authentication of the adoption of this resolution, I subscribe my name and affix the seal of the corporation this +� day of , 20 0 �i 44d (seal) md TWUB-0550 Revised 12/9/2011 Page 43 r "'RD-25s 01'2010 A N A IN BIDDER'S CERTIFICATIONS Project Name: LCC64' �) Project Number: U 1 z I I Contract For: ( ) n 1,1P,orn The following certifications must be completed by the bidder for each contract. A. EQUAL. E111PLOYI%IENI' OPPORI'LINII'1': ( ) 1 have developed and have on file at my each establishment afiinnative action programs pursuant to 41 CFR Part 60-2. ( -,%I have participated in previous contract(s) or subcontract(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375. 1 have filed all reports due under the requirements contained in 41 CFR 60-1.7. ( ) 1 have not participated in previous contracts(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375. ( ) 1 will obtain a similar certification from any proposed subcontractor(s), when appropriate. B. NONSEGREGATED FACILITIES certify that 1 do not and will not maintain any facilities provided for my employees in a segregated manner, or permit my employees to perform their services at any location under my control where segregated facilities are maintained; and that I will obtain a similar certification prior to the award of any federally assisted subcontract exceeding $10,000 which is not exempt from the equal opportunity clause as required by 41 CFR 60-1.8. I understand that a false statement on this certification may be grounds for rejection of this bid proposal or tern>ination of the contract award. Typed ame Tit9(k, zed Representa i%e SI nat of Bid centative Da c r ZO �. l . Name & Address of Bidder TWD13-0550 Revised 12/9/2011 Page 44 I WIM-0459 Revised 0712212010 VENDOR COMPLIANCI: WITH RECIPROCITY ON NON-RESIDENT BIDDERS Government Code 2252.002 provides that, in order to be awarded a contract as low bidder, a non- resident bidder must bid projects for construction, improvements, supplies or services in 7 exas at an amount lower than the lowest Texas resident bidder. That bid amount must be the same amount that a Texas resident bidder would be required to underbid the nun -resident bidder in order to obtain a comparable contract in the non-resident bidder's state in which non-resident bidder principal place of business is located. A non-resident bidder is defined as a contractor whose corporate offices or principal place of business is outside of the state of Texas. instructions: The appropriate blanks in Section A or 13 must be filled out by all out-of-state or non- resident bidders in order for the bid to meet specifications. Failure of an out-of-state or non- resident contractor to do so will automatically disqualify that bidder. Resident bidders must complete Section C below. A. Non-resident vendor(s) in , our principal place of business, is (State) required to be percent lower than resident bidders by state law. A copy of the statute is attached. B. Non-resident vendor(s) in our principal place of business, is (State) not required to underbid resident bidders. Our rincipat place ( f business or corporate office is in the State of Texas: ------- - Tom_ � D(�0_ City Statc Zip 131DDFIZ: Company Nam 14uu�a�Qf I y, 1p O IL V C its Statc "Zip Oki C . 13\: (PIcasc �gnat 'I it1J (Please prin() - THIS 1'01UM MUST BE RLTURNE'D AVITH THE: 1311) TWIM-0550 Revised 12/9/201 Page 45