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HomeMy WebLinkAboutContract 39585 (2)- - - CllY SECRETARY ' -• . 0.0.E. FILE : SPECIFI~A'IJ ONS CONTRACTOR'S BONDING CO.. & ~ .,.-. -CONSTRUCTION'S COPY CONTRACT DOCUMENTS FOR . ARIMENT 's-i~RRY SEWER REPLACEMENT M-253: PART 1 MIKE MONCRIEF MAYOR X-20891 D.O.E. No. 4027 SEWER PROJECT NO. P254-701139990100 CITY PROJECT NO. 01099 IN THE CITY OF FORT WORTH, TEXAS August2009 S. FRANK CRUMB, P.E. DALE A. FISSELER, P.E CITY MANAGER DIRECTOR OF WATER DEPARTMENT WILLIAMA. VERKEST, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT Prepared by: TranSystems Corporation Consultants 500 West Seventh St., Suite 1100 Fort Worth, Texas 76102 Texas Registered Engineering Firm F-3557 • M&C Review Page 1 of 2 Official site of t he City of Fort Worth, Texas ':ITV COUNCIL AGEN DA FORT\VORTH ~ DATE: CODE: COUNCIL ACTION: Approved on 9/29/2009 9/29/2009 REFERENCE NO.: C-23818 C TYPE: NON- CONSENT LOG NAME: PUBLIC HEARING: 60SSM253P1 HODGSON NO SUBJECT: Authorize a Contract with W .R. Hodgson Co ., L.P ., in the Amount of $2,139 ,683 .20 for Construction of South Shore Sanitary Sewer Replacement Main 253 , Part 1 on Randol Mill Road and Parallel to the Banks of the Trinity River RECOMMENDATION: It is recommended that the C ity Council authorize the City Manager to execute a contract with W .R. Hodgson Co ., L.P., in the amount of $2 ,139 ,683 .20 for Sanitary Sewer Replacement Main 253, Part 1. >ISCUSSION: On July 29 , 2003 , (M& C C-19678) the City Council authorized an Engineering Agreement with TranSystems Corporation , d/b/a TranSystems Corporation Consultants, for the design of the South Shore Sanitary Sewer Main 253 Replacement from the Woodhaven Boulevard/Randol Mill Road intersection easterly to the Village Creek Wastewater Treatment Plant. The project is planned to be constructed in three separate parts . This construction contract for Part 1 consists of sanitary sewer main replacement on Randol Mill Road and parallel to the banks of the Trinity River from approximately Precinct Line Road to the west boundary of the Water Chase Golf Course . This project is part of the Sanitary Sewer Overflow Initiative with the TCEQ . The project was advertised for bid on August 6 and 13 , 2009 in the Fort Worth Star-Telegram . On September 3, 2009 , the following bids were received : Bidder W.R. Hodgson Company , L.P. Wright Construction Co ., Inc. S.J. Louis Construction of Texas , Ltd. North Texas Contracting Utilitex Construct ion , LLP Gin-Spen , Inc. M. Co . Construction , Inc. Jackson Construction Conatser Construct ion TX , LP DCI Contracting , Inc. Lewis Contractors William J. Schultz, Inc ., d/b/a Circle "C" Construction Company Merryman Excavation Amount $2 ,139 ,683 .20 $2 ,188 ,788 .95 $2 ,280 ,912 .11 $2 ,391 ,944 .00 $2 ,474 ,733.25 $2 ,555,823 .65 $2 ,561,158 .00 $2 ,709,492 .50 $2 ,754 ,125 .50 $2 ,826 ,560 .00 $2 ,959 ,206 .00 $3 ,057,463 .00 $3 ,380 ,008 .00 Time of Completion 180 Calendar Days M/WBE - W .R. Hodgson Co ., L.P., is in compliance with the City 's M/WBE Ordinance by committing to 23 ercent M/WBE participation . The City's goal on this project is 19 percent. ... p ://a pp s.cfwnet.org/co un c i I _p ac ke t/m e _revie w.as p ?I D= 124 7 9&co unc ildate=9/2 9 /2 009 10/9/2 009 M&.L Kev1ew Page 2 of: Most State Revolving Loans are granted for construction contracts only . However with this particular loan the City of Fort Worth was authorized to pay for both an engineering agreement (design and survey) and the construction contract. Since no other expenses can be covered by SRF funding, additional appropriations of $101,191 .00 ($37,000.00 for construction staking, project management material testing and inspection and $64,191.00 for project contingencies) are needed from the Sewer Capital Projects Fund. The project is located in COUNCIL DISTRICTS 4 and 5, Mapsco 67N, 67P and 670. ,=1SCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Clean Water State Revolving Fund 2007. TO Fund/Account/Centers FROM Fund/Account/Centers 3 P254 541200 705170109983 $2,139 ,683 .20 ------------------------------------------ Submitted for City Manager's Office by: riginating Oegartment Head: dditional Information Contact: Fernando Costa (6122) S . Frank Crumb (8207) Madelene Rafalko (8215) -------- ------------------------------- -,TTACHMENTS '"'0SSM253 P1 HODGSON MAP .Qdf ~p://apps.cfwnet.org/council _packet/me _review.asp?ID= 124 79&councildate=9/29/2009 10/9/2009 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO. 1 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER REPLACEMENT M-253: PART 1 b.O.E. NO. 4027 SEWER PROJECT NO. P254-701139990100 BID RECEIPT DATE: 1:30 PM, September 3, 2009 ISSUED: August 25, 200j This Addendum No. 1 fonns a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum ln the space provided below, in the revised proposal (page B1-9R) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification. The Plans, Specification and Contract Documents for SANITARY SEWER MAIN 253 -Part 1, are hereby revised by Addendum No. l as follows: SPECJFICA TIONS 1. Add -Part A: Comprehensive Notice to Bidders-Bidders are advised that the City of Fort Worth has not acquired all the necessary pennanent and temporary construction easements for the construction of the project as shown in the Plans. Bidders are hereby notified that the City anticipates obtaining - the necessary permanent and temporary construction easement by the start of construction. In the event the necessary permanent and temporary construction easements are not obtained, the City reserves the right to tenninate the award of the contract at any tiine before the contractor begins any construction work on the project. In addition, bidders shall hold their unit prices until the City has completed the acquisition of all permanent and temporary construction easements. 2. Add -Appendix D SRF: The contractor shall complete SRF form WRD 255 and WRD 259 and submit at the time of bid_ Bids that do not include the completed forms may be rejected as being non-responsive. Form WRD 25S and WRD 259 are attached. · PLANS 1. On sheet 13-17, all 8 manholes shown on the plans shall have HL 93 traffic rated concrete manhole risers as stated and shown on sheet 21. The Contractor shall not have the option to install fiberglass manhole risers_ All other provisions of the addend!!ms, plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect Failure to return a signed copy of the addendum wit!) the proposal shall be grounds for rendering the bid non- responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: By:---~---- Company: Madelene Rafalko, P.E., Project Manager I of I Addendum No. I --.. ~ .... ---....... · -· ~ .. ___ ......... _____ .. _._ BIDDER'S CERI'IFICATIONS Project Name ProjectNumb~ ______________ ....,..-,--__ c.ontrec:t Por ------------------- Tia e following eortlflcattons mutt be compldcd by ffle bidder for each coatnct. A. EQUALEMPLOVMENTOPPORTUNITY: WRD-2.SS O!l/12,1)1 ( ) I have developed and have on file at my caoh es!Bbllshment afflmtatlveaction programs pursuant to 41 CPR Part 60-2. ( ) I have participated in previous contrac:l(a) or subcontnct(s} subject to the equal opportunity clause under Executive Order, U.246 and 11375. I havo :!Hcd all reports duo under tile requirements contained In 41 CFR 60- 1.7. ( ) I have not participated In previous conhacCs(s) subject to tho equal opportunity clause under Execuflva Orden 11246and 11375. ( ) I will obtain slmllar ocrtifi~on irom any proposed subcontractor(s), when appropriate. B. NONSEGREGATED FACILITIES ( ) I certify that I do not and wiU not maiolain any fac:ilitic.t provided for my employees in .a sogrcgated lll8bller, · or pennit my employees to pcrfurm their services at any location under my control where segregated facilities .ara maintained; and that I will obtain asbnUar ~ficatlon prior to the award of any federally IIS9isted suboontract .exceeding $10,000 which is not exempt from the equal opportunity clauso aa required by 41 CPR 60-1.8. I undersrend lhat a false statement on this c~rtification may be grounds fur rejC(llion of this bid proposal or tennination of the contract award. Typed Name & Title of Bidder's Authorized :Representative Signature of Bidder's Authorized Representative Date Name & Address of Bidder 59 WRD-259 3/2002 VENDOR COMPLIANCE WITH RECIPROCITYONNON·RESIDENT BIDDERS Government Code 2252.002 provides that, In ordar to be awarded a conlJllct as low bidder, a non-resident bidder must bid projec:ta for construction, improvcmcnfs, supplies or smicea in Texas at an amount lower than the lowest Te)(B!I resident bidder by the samo amount that a Texas resident bidder would bo required to underbid a non-nisident bidder in order to obtain a comparable contract in the state lit which tho non-- resident's principal place ofbusJncss fs located. A non-resident bJddor is a contractor 'Vfiose corporate offices or principal placo of business ia outside of the stlde of Texas.1)i,~ont4'ocs l)Otapply fo;a contraot involving Federal funds. Tho appropriate blanks in Section. Am• benllii«t o\lt bi 'all out-of-siato or non-resident bidders in order for your !rid to moat specifications.·· Tho fill [un,,ofollt4>~Wtot·non- resident coruractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be ___ pl!fCCflt lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in ___ --'(give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State ofTexas:~------ BIDDER: Company City State Zip By: (pleasi, print) Signature Title: (please print) THIS FORM MUST BE RETURNED WJTH THE BID 60 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO. l TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER REPLACEMENT M-253: PART 1 D.O.E. NO. 4027 SEWER PROJECT NO. Pl54-701139990100 BID RECEIPT DATE: 1:30 PM, September 3, 2009 ISSUED: September 1, 2009 This Addendum No. 2 forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provided below, in the revised proposal (page Bl-9R) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of each Addendum could subject the bidder to disqualification. The Plans, Specification and Contract Documents for SANITARY SEWER MAIN 253 -Part I, are hereby revised by Addendum No. 2 as follows: PLANS 1. Delete all reference to Manhole Lid Types per Sheet 21 as stated in the manhole labels on the plan sheets. Replace with: Manhole Lid Type A shall be installed for manholes on sheets 6-12 (total of 12 manholes) and Manhole Lid Type B shalt he installed for manholes on sheets 13-17 (total of8 manholes). Odor control devices shall he installed at Stations 29+50 and Station l 08+43. SPEClFICA TIONS l. Delete Part B -Proposal in their entirety and replace with Part B -Proposal B 1-lRand B 1-1 OR (attached). The Approved Product Fonn Bl-IOR shall be completed and submitted as part of the bid. 2. Tbe only SRF fonns to be completed and submitted with the bid are WRD 255 and WRD 259. All other provisions of the addendums, plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non- responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: By:-------- S. F,onk =~tll:"" Depamn,nt Directo, By: Toflj ~.,, Company: __ ~----Tony Sholola, P .E ., Engineering Manager I of 1 Addendum No2 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO. 3 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER REPLACEMENT M-253: PART l D.O.E. NO. 4027 SEWER PROJECT NO. P254-701139990100 BID RECEIPT DATE: 1:30 PM, September 3, 2009 ISSUED: September 2, 2009 Th is Addendum No. 3 forms a part of the Co ntract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provided below, in the revised proposal (page B 1-9R) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of each Addendum could su bject the bidder to disqualification. The Plans, Specification and Contract Documents for SANITARY SEWER MAIN 2S3 -Part 1, are hereby revised by Addendum No. 3 as follows: PLANS I . Add the following to sheet 21: If Contractor selects PVC pipe, manholes shall include PVC tee bases consistent to sheet 21 and as approved by the Engineer. Risers shall be concrete with corrosion protectio n or fiberglass as stated in sheet 21. 2. Add the following to s heet 21: If Contractor selects Ductile Iron Pipe with Protecto 40 l Interior Coating, manholes shall i nclude tee bases consistent to sheet 21 and as approved by the Engineer. R is ers shall be concrete with corrosion protection or fiberglass as stated in sheet 21. All other provisions of the addendums, plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with th e proposal shall be grounds for rendering the bid non- responsive. A signed copy of this addendum s hall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: By: -------- Company: ------Tony Sholola, P.E., Engineering Manager I of l Addendum No.2 ,09 /01/2009 TUE 18: 05 FAX CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO. 2 SANITARY SEWER REPLACEMENT M-253: PART 1 D.O.E. NO. 4027 SEWER PROJECT NO. P254-701139990100 APPROVED PRODUCT FORM * CONTRACTOR SHALL SELECT THE TYPE OF PIPE TO BE USED FROM THE LIST BELOW: STANDARD SPECIFICATION NO. Pipe Diameter 'I, DA-135 (Fiberglass Sewer Pipe) 42" ----E1-28 (Solid Wall PVC Pipe) 42" ----E1-06 (Ductile Iron Pipe with Protecto 401 Interior Coating) 42" Consult the "City of Fort Worth , Texas Standard Product List " to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above Failure to provide the information required above may result in rejection of bid as non-responsive. Only products or methods listed above will be allowed for use in this project. Any substitution shall result in rejection of bid as non-responsive . 12101 210 1 2 B1-10R Addendum 2 SANITARY SEWER REPLACEMENT M-253: PART 1 CITY PROJECT NO. 01099 D.O.E. No. 4027 LOCATION MAP NTS ® N t r TABLE OF CONTENTS Location Map Part A -Notice to Bidders Special Instructions to Bidders (Water Department) City of Fort Worth Minority/Women Business Enterprise Policy Part B -Proposal Part C -General Conditions Part C 1 -Supplementary Conditions to Section C Part D -Special Conditions Part DA -Additional Special Conditions Certificate of Insurance Part F -Bonds (City of Fort Worth) 0 Performance Bond 0 Payment Bond 0 Maintenance Bond Part G -Contract (City of Fort Worth) Appendix A -Easements Appendix B -Soil Borings Appendix C -Permits Appendix D -SRF Funding G:\FW02\0J 55 1Specs\Parl l\Fina/'M253PJTable of Contents.doc TC-1 � � � � � � � � � � � r, �J SHORT FORM NOTICE TO BIDDERS Sealed proposals for the following: FOR: Sanitary Sewer Replacement M-253: PART 1 0.0.E. No. 4027 City Project No. 01099 Sewer Project No. P254-701139990100 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1 :30 p.m., September 3, 2009 and then publicly opened and read aloud at 2:00 p .m. in the Council Chambers. Plans and documents for this project may be purchased for a non-refundable cost of Sixty Dollars ($60.00) per set at the offices offransystems Corporation, 500 West Seventh Street, Suite 1100, Fort Worth , Texas. These documents contain additional information for prospective bidders. Plans and Specifications will be available for pick-up on August 6, 2009. The major work will consist of the following (All Approximate): PART 1 -SEWER REPLACEMENT 9620 L.F. 42" SEWER PIPE (BY OPEN CUT) 360 L.F. 42" SEWER PIPE (BY OTHER THAN OPEN CUT) 20 EA. 5' DIA MANHOLE 2931 L.F. ASPHALT UTILITY ROADWAY REPAIR 2350 C.Y. FLOWABLE FILL All bidders submitting bids are required to be pre-qualified in accordance with the requirements of the Special Instructions to Bidders. For additional information, plwse contact Madelene Rafalko , P.E , 817-392-8215 and/or Kent Lunski , P.E., Project Manager, TransystemsConsultants, at 817-339-8950. Advertising Dates: August 6, 2009 Augu st 13 , 2009 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: Sanitary Sewer Replacement M-253: PART 1 D.O.E. No. 4027 City Project No. 01099 Sewer Project Number P254-701139990100 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1 :30 p.m, September 3, 2009 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans and documents forthis project may be purchased for a non- refundable cost of Sixty Dollars ($60.00) per set at the offices of Tran Systems Corporation, 500 West Seventh Street, Suite 1100, Fort Worth, Texas. These documents contain additional information for prospective bidders. Plans and Specifications will be available for pick-up on August 6, 2009. The major work will consist of the following (All Approximate): 9620 360 20 2931 2350 L.F. L.F . EA. L.F. C.Y. 42" SEWER PIPE (By Open Cut) 42" SEWER PIPE (By Other Than Open Cut) 5' DIA MANHOLES ASPHALT PAVEMENT REPAIR FLOWABLE FILL 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 ofF ort Worth Ordinance no. 7400 (Fort Worth City Code Sections 13-A-221 through l 3-A-29) prohibiting discrimination in the employment practices. Bid security may be required in accordance with Special Instructions to Bidders The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Addenda Index and Receipt fonn(s). Bids that do not acknowledge receipt of all addenda may be rejected as being non-resp onsive . Infonnation regarding the status of 1 COMPREHENSIVE NOTICE TO BIDDERS addenda may be obtained by contacting Kent Lunski, P.E. Project Manager, TransystemsConsultants, at 817-339- 8950. 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. 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. In accordance with the City of Fort Wo11h Ordinance No. 15530, the City of Fort Worth has goals for the pa1ticipation 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/orthe JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5 :00 p.m ., five ( 5) City of Fort Worth business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the Water Departmentto whom deliverywas made. Such receipt shall be evidence that the City of Fort Worth received the Documentation. Failure to comply shall render the bid noiresponsive. SUBMISSION OF BID AND AW ARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable bid, the Contractor is required to submit a bid for the complete proposal. A bid proposal submittal that is received with the proposal incomplete will be rejected as being non -responsive. The Contractor who submits the bid with the lowest price, will be the apparent successful bidder fer 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 fly of Fort Worth . The Contractor shall be prepared to commence construction without all executed easements and permits and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require easements. For additional information, please contact Kent Lunski, P.E., Project Manager, Transystems Consultants, at 817-339-8950 or by email: kalunski@transystemscom or Madelene Rafalko P.E., Water Department at 817-392-8215. DALE A. FISSELER, P.E. CITY MANAGER Adv ertising Dates : August 6, 2009 August 13, 2009 By: _ ___,T.__o_T~-+y-s_§_)-,a:__,.__k_J _Ct __ _ Engineering Manager, Water Department 2 MARTY HENDRIX CITY SECRETARY � � � _ Special Instructions to Bidders (Water Department) �. SPECIAL INSTRUCTIONS TO BIDDERS I) 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 respon sibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise . f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened , shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received . Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY : A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount ofnot less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (I) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 3 . BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3.7 . 09/10/04 1 4. WAGE RA TES: Section C3 -3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents . (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Right to Audit, under paragraph L of Section Cl : Supplementary Conditions To Part C -General Conditions, pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal , the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas . 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less , the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions 09/10 /04 2 or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, reti'rement 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 AD A's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 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 W AIYER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request , Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books , records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts ( other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 12. FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay period. 09/10/04 3 b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 09/10 /04 4 ! City of Fort Worth Minority/Women � Business Enterprise Policy � - - fORTWORTH ~ PRIME COMPANY NAME: w. PROJECT NAME: City of Fort Worth Subcontractors/Suppliers Utilization Form ATTACHMENT 1A Page 1 of 4 Check applicable block to describe prime M/W/DBE NON-M/W/DBE BID DATE Sanitary Sewer Replacement M-253 Part 1 a..,~ l 'ls City's M/WBE Project Goal: 19 % Prime's M/WBE Project Utilization: PROJECT NUMBER O 00 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e ., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or doing business at the time of bid opening within the Marketplace , that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification -Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm , including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 fORTWORTH --.,..,-- ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status ; i.e ., Minority, Women and non-M/VVBEs . Please list M/VVBE firms first, use additional sheets if necessary. Certification N (check one) 0 n SUBCONTRACTOR/SUPPLIER T N T Detail Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A l"\A6tJU.f,,\ ~~\£ Vqc /7os-r lv' D-Jt> /~s ,;~~ C,i:.,..Jc.\i~ oa. I / j ~o ~ (ta,., ~A-r.f..J~ (9-, 4 , ',£\ _,s- ~~.,; ~~ c~""C';l...," • '\"'\'1-1:'111" ~~E, (tlfF::fUi) t,.¥\c.,..,~s.J ,L.. •...... t\'1'2. .. '&kr "J~\'!;)(J"o""') -rei,."( t:ra ~ ~ ~'1££S \Q£G c.~ll.:t"""k\ wOl,.lE: "\q,5Q?.-4::>\ ~ . W~\AI.JD -0.0. "t:w.u\s ~ ..., cs~ \ \ J ' ttl'2., 1llfr ~'\ l~\ l\11.., ~i:> .. ~s Lw.y, \ ~~~ (t.os.:s--J ~ \ U'\ou. l,,\u.\c.l-\ / C \\/~~-co 4@A \"\ \.\Av..t\L. C\....i • N. CZ.~ "=::lu,st ~ 1~ ./ / ~':tl.,..'"f ~ ~, .. 1S'rt --q,z.~ lo~\ \ J ~v-f?'y'p e>\"'l -t.;1"l .. 1'}~ \ (.. G\t,) ~~~~~ E,.t\bl:dl4\~1' ! ~""'°, ~OAJE:t...., Tr.o. ~ ,4,;~ ~:J:Di-~ \ ~ \Ee,"'( ~ • 'lfl.1. ' I le>f ~'--jl ~\L.::t~ 1 l\p 1&710 \ j l'f\A-(0(lc'AL-\ oq I ;C::E • gJ.- \.411, .. C:\'Z.lt-~l~\ \ A\11,., 't'l.-•\-t.'514 (~'I') r-'\~6iW.Jt\ -r~~ Llw fltA-®ti l "t(Z'4~iv" 'J,~ '(U\JEL. U/l:Cv! i \.t~ki'Z, h'. ~"' ,"f'f 1l,ll~ fl '2.on ... "° tl-r eo lo"*Cwe!~ ~~f Mrr J/auJ 11~ C.OrJo,Jt\ 61'. . -(ev.c..,W,~" f"'( • ~-(\\ I 1~ 4lQ\04, t To <'-i:-r~ 6 qg4, tJ() Re v. 5/3 0/03 - FORT WORTH ~ ATTACHME NT 1A Page 3 of 4 Primes are required to identify ALL subcont ract ors/suppl iers , regardless of status ; i.e ., Minority , Women and non -MN\/BEs . Please list MN\/BE firms first , use additional sheets if necessary. Certificati on N (check one) 0 n SUBCONTRACTOR/SUPPLIER T N T Detail Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A \'Z::u .. c)l ... "E."f ~L. fu&t.... ~1,·a-2..-- I t~L-Q ~50 . .o \'lo\ ~~\~Q.\l.wA"i t. Eu.16"Ss, ,; . ,tooAo St.uJ~ ~~-r:sov ~G. Y. o. 0,o,C.. .c\ 4\? ~s " t'U4,tl:'c; I -r .... , 1"5'\1..;' v' \, ~' '2.c:O. 00 i\11.. t."1.-~'ill> (c;iff':t~) t\11. , !>'a. · 'z..\ .\ '. ( fa~ J..l«As -~{)£ U.S.tl . /~l,t~r I fl'3 Q::f'tcJ,6-( i0. .s ~ew, w 11013 !V M,no .... Ul-~2t-'/...1..DD U1 -caiu. -·ru 5 ~ 1iu.atzl,.;t; '3iui1 Ht.Ns-fr;a... iJ v ~Al~ ~• ~Qi I J()t:,, <R,~, Iv' /J 11~ > 1 .. F{). "'° v:,u,-14,-4i,, w">te -<i41 -~,~ L ~-r , A~~., u..c ?_:1:pe 7.) • ft \ . D . ~ \..~'6 ~sso, ~ '1'5t\'5+ \ j A.cit,, c; 4o. 00 'l.\ 4 · ? 44 • O.o\A;o 2.\ 4-'54 ~, ~lPi>.i\-' Rev . 5/30/03 FORT WORTH ~ Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ ATIACHMENT 1A Page 4 of 4 4ql/;1 llC o._1 ~ J \ I 'l. I 'b, {.p 1,0. ,,,o TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ L 1 t 4, ?,'1-o . -rr The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination . By affixing a signature to this form, the Offerer further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid . The Offerer also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals , officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements . Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offerer and barred from participating in City work for a period of time not less than one (1) year . Title Contact Name/Title (if different) Company Name Telephone and/or Fax ,o,'4s-c.a. ,o"" Address E-mail A Re v. 5/30/03 FORT-WORTH . "'-, w __.. City of Fort Worth Prime Contractor Waiver Form ATIACHMENT 18 Page 1 of 1 PRIME COMPANY NAME : Check applicable block to describe PROJECT NAME: Water and Sanitary Sewer Relocation For SH 121 Part 6, 14, 16 City's M/WBE Project Goal: 19% CITY PROJECT NUMBER 01099 M/W/DBE NON -M/W/DBE 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 1C . This form is only applicable if both answers are yes . Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project , / NO this is your normal business practice and provide an operational profile of your business . V 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 project, / NO this is your normal business practice and provide an inventory profile of your business. "' The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted w ith this bid . The bidder also agrees to allow an audit and/or examination of any books , records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or Local laws GOncerning false statements . Any failure to comply with this ordinance creates a material breach of contract may result in a determ ination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. 3 ;,\,,)~ Title Contact Na me (if diffe rent} Phone Number Fax Numbe r tou,5 C.t. \Olp A ddress Email Addres C ity/State/Zi p Da te q{to{oet Re v. 5/30/03 FORTW'ORTH '"-, . .-a a PRIME COMPANY NAME: PROJECT NAME: City of Fort Worth Good Faith Effort Form Lo. L7. Sanitary Sewer Replacement M-253: Part 1 City's M/WBE Project Goal: 19 % CITY PROJECT NUMBER 01099 ATTACHMENT 1C Page 1 of 3 Check applicable block to describe M/W/DBE NON-M/W/DBE BID DATE ~ If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon 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 opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. {DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2nd tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities t:.. Rev. 05/30/0 3 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. o"-ll:rwe; t:;"6Qv"UE Yes ~No Date of Listing __ / / 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) ---::7No 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? _L 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 M/WBEs? ~ Yes ?~, ov\:::r..,e __ 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 necessa , and attach. Rev. 05/30/03 - ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. \r,60£. .:rs b»::r Mt\\L;\ ".t"T"f;MS OtJ -rQ:;n ck:A:? • \,JQ_~\'j ~t\ \ .U~fi:2 A-W {t!\8f:: b,z.. 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 1 C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. A5,j~~re Printed Signature Title Contact Name and Title (if different) h.). ~.. \:\ o<kf~ e.o., L .e Company Name Phone Number Fax Number \Ol\15 C,.a. \Oto Address Email Address City/State/Zip Date Rev. 05/30/03 F ORT WORTH ---. ·w· -----CITY OF FORT WORTH Joint Venture Eligibility Form A ll questions must be answered; u se "NA " if applicable. Name of City Project: Sanita ry Sew er Replacement M-253 P a rt 1 A j oint venture fo rm must be comp lete d on each project Joint Ven t ure Page 1 of 3 RFP/Bid/Purchasing Number: ____________ _ 1. Joint venture information: Joint Venture Name: N4 Joint Venture Address: NA (If applicab le) Telephone: rJA Facsim ile: E-mail addres s: Cellul ar : " I t'.\-N4'-tv4 I dent ify the fi rms that comprise the joint v enture: Please attach extra sheets if additional space is required to provide detailed ex planations of work to be performed by each firm comprising the Joint venture M/WBE firm I Non-M/WBE I name: firm name: Busin ess Addres s: Busin ess Addre ss : (\ " City, State, Z ip : ~ Ix C ity , State , Z ip : \ ~ \ Teleph one F=;mil,\"' j nf il ' Tele ph one ,\ ~acs i 1il t\ I Cellul ar Ce llul ar \ Certification Status: E-mai l address Name of Certifying Agency: C - 2 S . fi f k cope o wor per orme db h J . V ,y t e omt enture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: \ I\ \ I\ \... \ )( ~ \'('\ \'-->' '-..J Rev . 5/3 0/03 Joint Venture Page 2 of 3 3. What is the percentage of M/W~rticipation on this joint v enture that y ou wish to be counted toward meeting the project goal? . 4. Attach a copy of the joint venture agreement. tJ C>t" 5. List components of ownership of joint venture: (Do not complete if this inf ormation is des crib ed in j oint ve nture agre ement) Profit and loss sharing : Capital contributions , including equipment: Other applicable ownership intere sts : 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Acco unt Paya ble and Rece ivable): Management decisions: a. Estimating b. Marketing and Sales -----------------------------------------------r--~~~~~-;-t---...~-r--t--~~~~~~~~~~~~~~~~~~-----l c. Hiring and Firing of management personnel -----------------------------------------------r--~~~~~~~~~~~~~~~~~~~~~~~~~~~~-----l d. Purchasing of major equipment and/or supplies Supervision of fi eld operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE pe rcentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award , if any of the participants , the individually defined scopes of work or the dollar amounts/percentages change from the o ri ginally approved info rmation , then t he participants mus t inform the City 's M/WBE Office immediately fo r app roval. Any unjustified change or de leti on sha ll be a ma terial breach of contract and may result in debarment in accord with the procedu res ou tlined in the Ci ty's M/WBE Ordinance . Rev . 5/30/03 Joint Venture Paoe 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false -~~!ements or willful mis~Jesentation of facts.___ _ ~ ------------------------------------------------------------------------------- Name ofM/WBE firm Name ofnon-M/WBE firm Printed Name of Owner '~ Printed Name of Owner ( Signature of Own er '< ~nature of Owner ~ Printed Name of Owner \ '-J Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of ------------------------------------ On this _____________ day of _______ _, 20 __ , before me appeared and ------------------------------------------ to me personally known and ·who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public ______________________ _ Pri nt Name N otary Publ ic ______________________ _ Signature Comm is sion Expires ------------------------(seal) Rev. 5/30/03 0 9/01/2009 TUE 1 8:03 FAX !ZI00 3/01 2 PART B -PROPOSAL -Sanitary Sewer Replacement M-253: Part 1 TO: DALE A. FISSELER, P .E. CITY MANAGER FORT WORTH , TEXAS For: Sanitary Sewer Replac eme nt M-253 Part 1 City Project No. 01099 FR q1'1,: Bidder's Name) /1 ~-~.)-L..~.~~-- \011o5 C.12. IPk. (1L.,3",-.)~ I :::G-1500, (Add ress) Pur suant to the foregoing "Not ic e to Bidders ," the under signed has th oro ughly examined th e plan s, spec ific atio ns, and the site, understands th e amoun t of work to be done and hereb y propos es to do all the work and furnish all labor, equ ipm ent , and materials necessary to foll y co mplete the work as provided in th e Plan s and Spec ifications, and su bj ect to the insp ect ion and approval of the Director, Water Dep art ment of the City of Fo rt Wor th . Upon acceptance of this proposal , the bidd er is bound to execute a co nt ract and furni sh Performance and Payment Bond approved by the City of Fort Worth for performin g and completing th e sai d work within the time sta ted and for the following sum s to-wit: Sanitary Sewer Replacement M-253 Part 1 -City Project No. 01099 l'ay Cl'MS Record Approximate lJui ts Desc r ip ti on of Bid Item Prices Writt en i11 Words lJ 11it J>ri ce Tota l Pr iC'r 11 cm Number Quantity Sanitary Sewer Improvements 1. Bid-00226 9506 2. Bid-00226 474 LF Pipe Sewer-42-inch Pip e (all Depths) -In stall ________ Dollars & __b /:_['/.. __________________ C ent s per LF $ /08 .50 LF Pip e Sewer-42-inch Pipe -In 60" Casing $ \o':)".c,o Pip e -In stall ............................ ·--·--·--·-············--·-D ollars & 'l62o --=----··············-·······-··--Cen ts per l.F Bl-IR Add endum 2 $/, ()~1 1 L/01."' $ h'l .110.- 09/01/2009 TUE 18: 03 FAX IZJ004 /0 1 2 Sanitary Sewer Replacement M-253 Part 1 -City Project No. 01099 Pay CPMSRccord Approximate Units Description of Biel Item Price s Written in Word s lJnit '111 1.d Item Number Quantity Price Pri ce 3. Bid-01091 360 LF Pipe-Casing-60 Inch-By Other than $ '5\D .t00 $~..kQO Open cut w/Pres Grout (A ll Depths) -Install °F-i\JE. \-\\.W~ .. -roJ Dollar s & ---···-·---, .. -...... ,,,_.,, _____ _,,. __ ., ___ ...... ,, ________ ~ Ce nt s per LF 4. Bid-00226 114 LF Pipe-Steel Casing-60 Inch-Aerial $ ~.-$ !01 \1g.- Crossing -Install ~tla; \.l\,lt,JpoQ) ~- __ l-.10 --··-Dollars& ~ _______ Cent s per LF 5 Bid-01 I 76 54 VF Drilled Shaft --3 6 Inch Diameter -$ l l'b .so $ L>.~~1 .00 includes Concrete Collars -In sta ll Q'-lE. \1W40r?£0 e+<; ti:'CEieiV ... Dollars & ·-···-···--------------·----·--····-.. ··--·-··············---· _________ t:rf:~------------------------------------Ce nt s per VF 6. Bid-00952 18 EA Manhole -Type A Mod 5 Ft Diam (to 6 $~5Q.ti0 $~~.eo Ft Depth) includes Tee Base, sheet 21 -In sta ll __ Et6J.Ei.J .. ~ ~Mm llfE'l'~ ---Dolla rs & L£1/l..O .. ___ Ce nt s per Ei\ Bl-2R Addendum 2 ,09/01/2009 TUE 18: 04 FAX id]OOS /012 Sanitary Sewer Replacement M-253 Part 1 -City Project No. 01099 l'ay Cl'MS Record A pproxi ma tc Units Dcs criplion of Biel It em Pric es Wrillcn in Words Unit T om i Item Numb er Q11Rn(it)' Price Pr ice 7. Bid-00952 2 EA Manhole-Type A Mod 5 Ft Diam (to 6 $ \\, ~o. DC $ !22..-1:lCO. e>D Ft Depth), sheet 22 -In sta ll EL.£.v'yj_~ou.stWD ~izf"£ __ ~~-&.--~ ___ Doll ars& ·-----~------Ce nl s pcr EA 8 . Bid-00953 94 VF Manhol e-Typ e A Mod 5 Ft Diam $ 4-lc;.~ $AA ~S0.90 Added Depth ( over 6 Ft Depth) -Install _f"Q~_4, ____ ij\A~-~--~ .&~---Dollars & '1-Uo __ Cent s per VF 9. Bid-00217 20 EA Manhole -Vacuum Test -Services $ \ \t:5. jl>4) $ 2 .~m oC/1 _o.~_E \.\u.tJD4£l) -~-- Dollars & ·---·-······~-----·-·-- "'tao ______ ....... ______ Cents per EA 10. Bid -00372 9601 LF Trench Safety System 5 Foot Depth $ l. 046 $JDt~do -In sta ll Ot-JE. ____________ ----~-·M ·•••••••••••••-- Doll ars & ·····- &~€ _________ Ce nt s per LF B1-3R Addendum 2 ,09/01/2009 TUE 18: 04 FAX ld]0 06/01 2 Sanitary Sewer Replacement M-253 Part 1 -City Project No. 01099 l'ay CPMS lkcord A11proxinrntc Unit s Description of Bid Item Prices WriUen in Words II nit To ia l Item Number Quantity !'.-ice l'rirc 11. Bid-00098 140 CY RipRap-Grouted-< 18 Inch Rock $ ~'b.a:, $ lp.1'20.°"' -Install _ _£~~£uwry Doll ars & ··- --~ -----·-Ce nt s per CY 12. Bid-00205 12 EA Manhole -Abandon $ __ LQ_QQDO $_ 1'2, av. _, ~:-Ifl~ ---·······--- Doll ars & ---·-·-·------------- 1ao Cent s per E/\ 13 . Bid-00100 LS Storm Water Pollution Prevention Plan $ ~0. ~CV.~ $ \D,~.- > Than 1 Ac SWPPP -Install \ou~~ w)U£ J •. ,I.A,a,J()(Z.fD ----··------········ •.. , Dol lars & t.efJO -·-········ ____ Ce nt s per LS 14 Bid-00226 16 EA Cut and Plug Sewer Line -lnstall $ \550~ $1,.A. ,2a2 "'° D~ Wl(/Ul'p.f\f'IP G=""- ~w.JD(m .&~ ..... __ Doll ars & .............. -t.£0.0 ________ ..... Cen ts per EA 15 . Bid-00147 1340 CY Topsoil -Install $ \q. /J.es' $1,5 ,J"l'?. ~ --~t.JC-T$J -······--------- Do ll ars & -------- . IW~"( .. Y.1\le -······Ce nt s per CY Bl-4R Addendum 2 09/01/2009 TUE 18: 04 FAX Sanitary Sewer Replacement M-253 Part 1 -City Project No. 01099 Pay Cl'MS Record A1>proximate Units Dcscri11tio11 of Hid Item Prices Written in Words Unit Pl'icc Item Number Quantity I 6 . Bid-00134 I 5000 17 . Bid-01119 850 18 . Bid-00443 2931 19 . Bid-00181 20 . Bid-00226 9200 SY Grass-Hydromulch Seeding -Install $ .. 'So ------------------------Doll ars & Ce nt s pe r SY SF Driveway-6 Inch Expo sed Aggreg ate -$ __ 5.. ~----- Install ---'~-=-.,e"""""~---------------- ___ Doll ars & T~ G\ie _________ Cc nt s per SF LF Pavement-2 Inch Min HMAC on 2/27 Concrete Base (STR -028) -Install ~ ~---------------- Dollars & ...... ·-······-·-···-·····-····· .. ····· .. -············-·--- _']~--------_Ce nt s per LF LS Traffic Control -In stall \a.>.W)~A>O 6°"J4~:(_ __ ~ ________ Doll ars & --~--____ Ce nt s per LS LF Flowable Fill -For Abandonment of Existing M-253 -In stall l~:i4 __ -CO --------------- ------------·-----·------------------Doll ars & ~~ ___ f:tve ____ Cc nts pe r LF Bl-SR $ 'l.4.'ZO Addendum 2 ~007 /0 1 2 Tota l Price $ \ 0, £a,. (P ,09/01/2009 TUE 18: 04 FAX IZJOO B/012 Sanitary Sewer Replacement M-253 Paa-t 1 -City Project No. 01099 Pn y Cl'MS Record Approximate Units Description of Bid Itcm l'riees Writlcn in Words Unit Total Item Number Quantity Price Pr ice 21. Bid-00226 400 LF 42" Sewer Anti-floatation Protection -$ ,o.4:>C) $ ~"b,CDO. '° In stall ·-$~--·--- Dollars & -----·-·- -Z,€.lu;, ·-··-·--·-Cent s per LF 22 . Bid-00199 2 EA Filter-Carbon Filter System Odor $ lo1'5.00 $JI ~'50 • c,c;> Control Unit -Install ~¥ t:\WJOUP .. ~~ ~\;' --·----Dollars & ···--· ~ --·-·-···-······--Cen ts per EA 23. Bid-00089 40 LF Pipe-60 Inch-CL III -In stall $ ~10.DC' $ J..i..!a;,. ~ ~~ MY.t.>oun_ _:J&J Dollars & ···-···-------·-······--·--·····-·--.. --··· ···---------------·· ..... ~'2-0 ........... Cent s per LF 24. Bid-00069 EA Headwall -Install $ 4 ,00D.cio -------·-··-····--·--·----Dolla rs & ···-··-~-··-·---·--···--·-----·-··Cents per EA B1-6R Addendum 2 ,09 /01 /2009 TUE 18: 05 FAX ld)0 09 /012 Sanitary Sewer Replacement M-253 Part 1 -City Project No. 01099 Pay CP MS R eco rd Ap)l rox imat e Units Desc r i pti on of Hid Ite m Pr ices Wri tt en in W o rds Uni t T otH I It em N umbe r Qu a ntity Pri ce l'l'i cc 25 . Bid-002 01 10 03 1 LF In sp ection -Pos t Co nstruction Cleani n g $ 1..~'5 $ '2~. 541, ,¥.;" & TV -Stud y ____ \WQ_ . -------- Doll ars & N~N~ &'-'~---·-Cent s per LF 26. B id -00202 100 00 LF Inspe ction-Pre Constru ct io n Clea n ing & $ ~.'70 $~qQQQ,so T V -Study tJ::r~u; ·-·---··---·--· Doll nrs & ..... ~-- _____ --ZOU:, ···-· Cen ts per I ,F Total -Sanitary Sewer Improvements $ 2 , ls 'L6 83 .. zv ' B l-7R Adden d um 2 . -- 09/01/2009 TUE 18: 05 FAX id]Ol 0 /0 1 2 PART B -PROPOSAL (Continued) Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Survey 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 prope1ty of the City of Fort Worth , Texas , in the event the contract and bond or bond s are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work cau sed thereby . The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Project dated January 1, 1978 , an d th at he has read and thoroughly understands all the requirements and conditions of those General Docume nt s and the specific Contract Documents and appurtenant plans . The undersigned assures that its employees and applicants for employment and those o f any lab or organization, subcontractors , or employment agency in either furnishing or referring employee appl icants to the undersigned are not discriminated against as prohibited by terms of City Ordinance No . 7278 as amended by City Ordinance No . 7400. The Bidder agrees to begin construction within_lQ_ calendar days after is sue of the work order, and to complete construction within 180 calendar days as set forth in the written work order to be furnished by the Owner. Bl-8R Addendum 2 - - ... ,09/01/2009 TUE 18: 05 FAX Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No . 2 Addendum No . 3 Addendum No. 4 Addendum No . 5 (Seal) If Bidder Corporation Respectfully submitted, By: ~ \.tuqdA~L Title : ~E 6,;,::rMA:(<?L, R t1 Address: \b\k,5 C.'2 . Iota C£.t;r,.JA, ::Ji 1~ Bl-9R 121011 10 1 2 Addendum 2 QB/25/2009 TUE 10:44 FAX BIDDER'S CERflFICATIONS ~AtJ;c::rtYl-'4 ~vJE"tZ--:is~'-E->1£NI' t-1\,-z.s~ ~ l Project Name Project Number":i}'25: 4 -1 Ol \ $'\"'10 ae,o Contract Por C. :::Z::!.( of ?r. ~ri The following certifications must be complttcd by the bidder for each contract. A. EQUAL EMPLOYMENTOPl'ORTUNITY: WRD-255 09/12)()1 ( ) I have developed and have on file at my each cstnblishmoot affirmative action programs pursuant to 41 CPR Part60•2. ( ) I have participated in previous contract(s) or subcontrect(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375. r have filed all reports due under the requirements cootaine<I in 41 CFR 60- 1.7. ~ I have not participated In previous contrac<s(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375. ( ) I will obtain ·a slm!tar certification from any propoml subcontractor(s), when appropri ate . B. NONSEGREGATED FACILITIES ( ) I certify that I do not and will not maintain any facilities provided for my employees in a segregated manner, or permit my employees to perform their services al any location under my control where segregnted facilities are maintained; and that I will obtain a similar certification prior to the award ofany fudcra!ly assisted suboontract _exceeding $10,000 which is not exempt from the equal opportunity clause as required by 41 CPR 60-1.8. I understand that a false statement on this certification may be grounds for rejection of this bid proposal or termination of the contract award. Signature of Bidder's Authorized Representative Date w.,. J.l~jf>.?.. (p. > U? /OlbS Ct H>b Cd1DA , :Ii ,5001 Name & Addres!I of Bidder 59 ld)003 /0 0 4 08 /2 5 /20 09 TUE 10:44 FAX .. WRD-259 3/i0/02 VENDOR COMPLIANCE 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 mu st 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 ho required to underbid a non-resident bidder in order to obtain e comparablo contract in the state in wl1ich the non- resident's principal place ofbuslness Is located. A non-resident blddcr is a contractor whose corporate offices or principal place of business is outside of the state of Texas. This roquirementdocs not apply to a contract involving Federal funds. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. TJ1e failure of out-of-state or non- resident contractors to do so will automatically disqualify thnt bidder. Resident bidders mu st check the blank in Section B. A. Non -resident vendors in (give state), our principal place of business, are required to be ___ percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in ____ .(give state), our principal place of business, are not re<juired B. to underbid resident bidders . L Our principal place ofbusinc:ss or corporate offices are in ilie State ofTexas: ____ _,,,_ _____ _ BIDDER: Company City State Zip ~T~ Hl,\c;\d~\ Ry: (please print) <}d ::::.,,t Signature Title: (please print) THIS FORM MUST BE RETURNED Wl1'H THE B[l) 60 id]004 /004 ... .,. � Part C - General Conditions Cl-1 Cl-1.1 Cl-1.2 Cl-1.3 Cl -1. 4 Cl-1.5 Cl -1.6 Cl -1 .7 Cl-1 .8 Cl-1.9 Cl -1.10 Cl-1.11 Cl-1.12 Cl-1.13 Cl -1.14 Cl-1.15 Cl-1.16 Cl-1.17 Cl-1.18 Cl -1 .19 Cl-1.20 Cl-1.21 Cl-1.22 Cl -1 .23 Cl-1. 24 Cl -1 .25 Cl-1.26 Cl-1.27 Cl-1.28 Cl-1.29 Cl-1 .30 Cl-1.31 Cl-1.32 PART C -GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street Cl-1(1) Cl-1(1) Cl -1(2) Cl-1(2) Cl -1 (2) Cl-1(2) Cl -1 (2) Cl-1(2) Cl -1(3) Cl -1(3) Cl -1 (3) Cl-1(3) C l -1(3) Cl -1(3) Cl -1(4 ) Cl-1(4) Cl-1(4) Cl -1 (4) Cl-1(4) Cl -1(4) Cl -1 (4) Cl-1(4) Cl-1(5) Cl -1 (5) Cl -1(5) Cl-1(5) Cl-1(6) Cl-1(6) Cl -1 (7) Cl-1(7) Cl-1(7) Cl-1(7) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 C2-2.2 C2-2.3 C2 -2 .4 C2-2.5 C2 -2 .6 C2-2.7 C2-2.8 C2-2.9 C2-2.10 C2-2.ll Proposal Form Interpretation of Quantities Examination of Contract Documents and Site Submitting o f Proposal Rejection of Proposals Bid Security Delivery of Proposal Withdrawing Proposals Telegraphic Modification of Proposals Public Opening of Proposals Irregular Proposals Cl -1 (1) C2-2(1) C2 -2(2) C2-2(2) C2 -2(3) C2 -2(3) C2-2(3) C2-2(4) C2-2(4) C2-2(4 ) C2 -2(4) C2-2(5) C2-2.12 C3-3 C3-3.l C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C3-3.10 C3-3.ll C3-3.12 C3-3.13 C3-3.14 C3-3.15 C4-4 C4-4.1 C4-4.2 C4-4.3 C4-4.4 C4-4.5 C4-4.6 C4-4.7 CS-5 C5-5.1 CS-5.2 CS-5.3 C5-5.4 CS-5.5 C5-5.6 CS-5.7 CS-5.8 C5-5.9 CS-5.10 CS-5.11 CS-5.12 CS-5.13 CS-5.14 CS-5.15 CS-5.16 C5-5.17 CS-5.18 C6-6 Disqualification of Bidders AWARD OF EXECUTION OF DOCUMENTS Consideration of Proposals Minority Business Enterprise/ Women-Owned Business Enterprise Compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payroll Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Quantities Alteration of Contract Documents Extra Work Schedule of Operations Progress Schedules for Water and Sewer Plant Facilities CONTROL OF WORK AND MATERIALS Authority of Engineer Conformity with Plans Coordination of Contract Documents Cooperation of Contractor Emergency and /or Rectification Work Field Office Construction Stakes Authority and Duties of Inspectors Inspection Removal of Defective and Unauthorized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities Interruption of Service Mutual Responsibility of Contractors Cleanup Final Inspection LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Cl -1 (1) C2-2(5) C3-3(1) C3-3(1) C3-3(1) C3-3(2) C3-3(2) C3-3(2) C3-3(2) C3-3(4) C3-3(4) C3-3(4) C3-3(4) C3 -3 ( 7) C3-3(7) C3-3(7) C3-3(8) C4-4(1) C4-4(1) C4-4(1) C4-4(2) C4-4(2) C4-4(4) C4-4(4) C5-5(1) C5-5(1) C5-5(2) CS-5(2) CS-5(3) C5-5(3) C5-5(3) C5-5(4) C5-5(5) CS-5(5) CS-5(6) CS-5(6) CS-5(7) C5-5(7) C5-5(8 ) C5-5(9 ) C5-5 (9) CS-5 (9) C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6-6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.11 C7-7.12 C7-7 .13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 CS-8 C8-8.1 CB-8 .2 C B-8.3 CB-8.4 CB -8.5 Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Rights-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment or Relocation of Public Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section or Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workmen and Equipment Work Schedule Time of Commencement and Completion Extension of Time of Completion Delays Time of Completion Suspension b y Court Order Temporary Suspension Termination of Contract Due to National Emergency Suspension or Abandonment of the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Owner Safety Methods and Practi c es MEASUREMENT AND PAYMENT Meas u rement o f Qu antities Unit Prices Lum p Sum S cop e o f Payment P arti a l Es tima t es and Retainage C l -1 (!) C6-6(1) C6-6(1) C6-6(1) C6-6(2) C6-6(2) C6-6(3) C6-6(4) C6-6(4) C6-6(6) C6-6(6) C6-6(8) C6-6 (9 ) C6-6(9) C6-6(10) C6-6(10) C6-6(10) C6-6(11) C6-6(11) C6-6 (11) C6-6(12) C6-6(12) C7-7(1) C7-7(1 ) C7-7(1) C7-7(2) C7-7(2 ) C7-7(3) C7-7(4 ) C7-7(4) C7-7(5) C7-7(5) C7-7(6) C7-7(6) C7-7(7 ) C7-7 (8) C7-7(10 ) C7-7 (10 ) C7-7 (13 ) C8-8 (1 ) CB -8 (1) CB -8(1 ) C8 -8 (1 ) CB -8 (2 ) CB-8.6 CB-8.7 CB-8.8 CB-8.9 CB-8.10 C B-8.11 CB-8.12 CB -8 .13 Withholding Payment Final Acceptance Final Pay ment Adequacy o f Desi g n Gene ral Gu a ranty Subsidiary Work Miscellaneous Plac ement o f Ma t er ial Record Documents CB-8 (3 ) CB-8(3) CB-8 (3) CB-8(4) CB-8 (5) CB -8(5) C8 -8 (5 ) CB-8(5 ) PART C -GENERAL CONDITI ONS Cl-1 DEFINTIONS SECTION Cl-1 DEFINITIONS C l-1 .1 DEFINITIONS OF TERMS : Whenever in t hese Contrac t Documents th e fo ll ow i n g terms or pronouns in p l ace of them are us e d , the in t ent and meaning shall be understood a nd interp r eted as fo l lows : C l-1.2 CONTRAC T DOCUM ENT S : The Contract Documents are all of the wr i tten and addenda , plans , the contrac t. Documents and the d r awn documents , such as specifications, bonds , etc ., wh i ch govern the terms and performance of The s e are contained in the Gene r al Contract Spec i al Contract Do cuments . a . GEN ERA L CONTRACT DOCUMENTS : The General Contract Documents govern all Water Department Pr o jects a nd include the f ollowing i tems : PART A -NOTICE TO BIDDERS (sample ) PART B -PR OPOSAL (sampl e) PART C -GENERA L CON DITIONS (CIT Y) C l-1 (1) White White Canar y Yell o w / (Developer) Brown PART D -SPECIAL CONDITIONS Green PART E -SPECIFICATIONS El -White PERMITS/EASEMENTS PART F -BONDS PART G -CONTRACT (Sample) (Sample) E2 -Goldenrod E2A -White Blue White White b . SPECIAL CONTRACT DOCUM ENT S : The Special Contract Documents are prepared fo r each spec i fic project as a supplement to the General Contract Documents and include the following items : PART A -NOTICE TO BI DDERS (Advertisement) Same as above PART B -PROPOSAL (Bid) PART C -GENERAL CONDITIONS PART D -SPECIAL CONDI TI ONS PART E -SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS Cl -1 (1) PART G -CONTRACT PART H -PLANS (Usually bound separately) Cl -1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising mediums or furnished directly to interested parties pertaining to the work contemplated under the Contract Documents constitutes the Notice to Bidders. Cl -1 . 4 PROPOSAL : The completed written and signed offer or tender of a bidder to perform the work which the Owner desi r es to have done , together with the bid security , constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner . Cl -1.5 BIDDER: Any person , persons, firm, partnership , company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documen t s , constitutes a bidder . Cl -1 . 6 GENERAL CONDITIONS : The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure , the local statutes , and requirements of the City of Fort Worth's charter and promulgated ordinances . Wherever there may be a conflict between the General Conditions and Special Cond i t i ons, the latter shall take precedence and shall govern . Cl -1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. Cl -1. 8 SPECIFICATIONS: The Specifications are that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to Cl-1 (2) standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as thought they were embodied therein. Cl -1. 9 BOND: The security furnished performance of the bond or bonds are the written guarantee or by the Contractor for the prompt and faithful contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (se e paragraph C3 -3.7) c. Maintenance Bond (see paragraph C3 -3 .7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part a and C2 -2.6) Cl-1 .10 CONTRACT : The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. Cl -1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, la yout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. Cl-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 Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. Cl -1.13 CITY COUNCIL : The duly elected and qualified governing body of the Cit y of Fort Worth, Texas. Cl -1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Texas. Cl-I (3) Cl -1 .15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl -1. 16 CITY ATTORNEY : The officially appointed City Attorney of the City of Fort Worth , Texas , or his duly authorized representative . Cl -1.1 7 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth , referred to in the Charter as the City Engineer , or his duly authorized representative. CITY WATER DEPARTMENT: The duly appointed Water Department of the City of Fort Worth, authorized representative, assistant, or Cl -1.18 DIRECTOR, Director of the City Texas, or his duly agents . Cl-1. 19 ENGINEER: The Director of Public Works, the Director their duly -----------of the Fort Worth City Water Department, or authorized assistants, superintendents, acting duties entrusted to them. agents , within engineers, the scope of inspectors, or the particular Cl -1 .20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative . A sub -contractor is a person, firm corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. Cl -1. 21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. Cl -1.22 THE WORK OR PROJECT: The c ompleted work contemplated in and covered by the Contract Documents, including but not l imited to the furnishing of all labor, materials, t o ols, equipment, and incidentals necessary to produce a completed and serviceable project. C l-I (4) Cl -1. 23 WORKING DAY : A working day is defined as a calendar day, not including Saturdays, Sundays , and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7 :00 a .m . and 6 :00 p.m., with exceptions as permitted in paragraph C7 -7 .6 . Cl -1 .24 CALENDAR DAYS : A calendar day is any day of the week or month , no days being excepted . Cl -1. 25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's Day January 1 2. M.L . King, Jr. Birthday Third Monday in January 3 . Memorial Day Last Monday in May 4 . Independence Day July 4 5. Labor Day First Monday in September 6 . Thanksgiving Day Fourth Thursday in November 7 . Thanksgiving Friday Fourth Friday in November 8 . Christmas Day December 25 9 . Such other days in lieu of holidays as the City Council may determine . When one of the above named holidays or a special holiday declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. Cl -1.26 ABBREVIATIONS: herein appear in Contract shall be as follows: Wherever the abbreviations Documents, the intent and defined meaning AASHTO -American Association of State Highway Transportation Officials ASCE - LAW - ASA - HI - American Society of Civil Engineers In Accordance With A WW A -American Water Works Association American Standards Association Hydraulic Institute Cl-1 (5) Asph. - Ave. - Blvd . - CI - GI - Lin . - lb . - MH - Max . - CFS - Min. - Mono . - % - R - I .D. - 0. D. - Elev . - F - C - In . - Ft . - St. - CY - Yd . - SY - L .F . - D.I . - Asphalt Avenue Bo ulevard Cast Iron CL - Gal v anized Iron Linear or Lineal Pound Manhole Maximum Center Line MGD -Millio n Ga ll ons pe r Day Cubic Foot per Second Minimum Monolithic Percent um Radius Inside Diameter Outside Diameter Elevation Fahrenheit Centigrade Inch Foot Street Cubic Yard Yard Square Yard L i nea r Foo t Ductile Iron Cl -1 . 2 7 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted i tern or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were sub mitted . 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 2 5% of the amount of the particular i tern o r i terns in the original prop o sal. All "Change Orders" shall b e prepared b y the Cit y from inf o rmation as necessary furnished b y t h e Co ntractor. Cl -1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street o r alle y having o ne o f t he f o llowing t yp es o f wearing surfaces a p p l ie d over t h e natu r al u nimp r ove d sur f a ce : Cl -I (6) 1. Any type of asphaltic concrete with or without 2 . separate base material . Any type of asphalt surface an oiled surface , with or material. treatment , without not including separate base 3 . Brick , with or without separate base material . 4 . Concrete , with o r without separate base material. 5. Any combination of the above. Cl -1.29 UNPAVED STREE TS OR ALLEYS: An unpaved street , alley , roadway or other surface is any area except those defined above for "Paved Streets and Alleys." Cl -1. 30 CITY STREETS : A city street is defined as that area between ·the right -of-way lines as the street is dedicated . Cl -1. 31 ROADWAY : The roadway is defined as the area between parallel lines two ( 2' ) feet back of the curb lines or four ( 4' feet back of the average edge of pavement where no curb exists. Cl -1.32 GRAVEL STREET: A grave l street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural mater ial found on the street surface before any improvement was made . Cl -1 (7 ) SEC TION C-GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL S ECTI ON C2 -2 INTE RPRET ATI ON AND PR E PARATION OF PRO POSA L C2 -2 .1 PROPOSAL FORM : The Owner will furn i s h bidders wi th proposal forms which wi ll contain an itemized list of the it e ms of work to be done or materials to be furnished and upon wh i ch b i d pr i ces are requested . The Proposa l form wi l l state the Bidder's genera l unde r standing of the project to be comp l eted , 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 Bidde~ s "Experience Record ," "Equipment Schedule ," and "Financ i a l Statement ," all of wh i ch must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of b i ds . The financ i a l statement required shall have been prepared by an independent certified public accountant or an independent pub li c accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status . This statement must be current and not more than one ( 1) year old . In the case that a bidd i ng date falls withi n the t i me a new statement is be i ng p r epared , the previous statement shall be updated by proper verification. Li qu i d 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 acceptab l e for a g i ven 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 b i ds are to be received . Such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received . The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project . The prospective bidder shall schedule t he 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 wh ich he submits a bid . C2 -2 (1) C2 -2 .2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents wil l be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materia l s furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter prov i ded , without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2 -2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT : Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Prior to the filing of proposal, bidders are required to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations , tests, boring , and by such other means as may be necessary, to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an 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 in prima -facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actuall y encountered in construction and as indi cated in the Contract Documents will not be allowed. C2-2 (2) The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantees that the data shown is representative of conditions which actually exist . C2 -2. 4 SUBMITTING OF PROPOSAL : The bidder shall submit his Proposal on the form furnished by the Owner . All blank spaces applicable to the project contained in the form shall be correctly filled in and the bidder shall state the prices , written in ink i n both words and numera l s , for which he proposes to do the work contemplated or furnish the materials required . All such prices shall be written legibly . In case of discrepancy between the price written in words and the price written i n 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 h i s (her) duly authorized agent . If a proposal i s submi t ted by a f i rm , association , or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm association , or partnership, or by a person duly authorized. If a proposal is submitted by a company o r corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly author i zed agent . The corporate seal must be a f fixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2 -2 . 5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures , additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures , or irregularities of any kind, or contain unbalanced values of any i terns. Proposals tendered or delivered after the official time designated for receipt of proposa l s sha l l 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 in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a f ormal contract and furnish the required performance and other bonds. The bid security of the C2 -2 (3) three lowest bidders will be retained until awarded or other disposition is made thereof. of all other bidders may be returned promptly of b i ds . the contract is The bid security after the canvass C2 -2 . 7 DELIVERY OF PROPOSALS : No proposal wil l be considered unless it i s delivered , accompanied by its proper Bid Security , to the City Manager or his representat i ve in the offic i al place of business as set forth in the "Notice to Bidders ." It is the Bidder's sole responsibi l ity to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be cons i dered . The Bidder must have the proposal actua l ly delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name of descr i ption 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 actual l y filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -cons i deration 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 op t ion of the Owner , be returned unopened. C2 -2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communicat i on 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 ( 4 8) hours after the proposal opening time, no further consideration will be given to the proposal. C2 -2 .10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non -consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the owner until C2-2(4) the contract has been awarded . representatives are invited to bids . be Bidders present or for their the authorized opening of C2 -2 . 11 IRREGULAR PROPOSALS : Proposals shall be considered as being "Irregular" if they show any omissions , alterations of form , additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind . However, the Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City . Tendering a proposal after the closing hour is an irregularity which cannot be waived . C2 -2 .1 2 DISQUALIFICATION 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 . Reasonab l e grounds for believing that any bidder is interested in more than one proposal for work contemplated. c . The bidder be ing interested in any litigati on 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 the financial statement , experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g . Uncompleted work which, in the judgment of the Owner, wil l prevent or hinder the prompt completion of add i tional 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. C2-2 (5) 3 . An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a Engineer, is disqualified shall be set aside and not bidder who, in the judgment of the u n der the requirements stated herein, opened . C2-2 (6) PART C-GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SE CTI ON C3 -3 AWAR D AND EXECUTI ON OF DOC UMENTS C3 -3 . 1 CONSIDERATION OF PROPOSALS : Afte r proposa l s have been opened and read aloud , the proposa l s wi ll be tabulated on t h e basis of the q u oted prices , the quan ti t i es shown in the proposa l, and the appl i cation of such formulas or other metho d s of brining items to a common basis as may be estab li she d i n t h e Contract Documents . The total obtained by taking the sum of the products of un i t prices quoted and the estimated quant i ties plus any lump sum items and such other quoted amounts as may enter i nto the cost of the completed project will be considered as the amount of the bid . Unti l the award of the contract is made by the Owner , the r i ght will be reserved to reject any or al l proposals and wa i ve technicalities, to re -advertise for new proposa l s , or to proceed with the work in any manner as may be considered fo r the best i nterest of the Owner . C3 -3 .2 MINORITY BUSINESS ENTERPRISE/WOM EN-OWNED BUSINESS ENTERPRISE COMP LI ANCE : Contractor agrees to provide to Owner , upon request, complete and accurate in f ormation regard i ng act u a l work performed by a Minority Bus i ness Enterprise (MBE) an/or a Woman -Owned Business Enterprise (WBE) on the contract and t he payment therefore . Contractor further agrees , upon request by Owner, to allow an audit and/or an examination of any books , records, or files in the possession of Contractor that wi ll substantiate the actual work performed by the MBE or WBE . Any material misrepresentation of any nature will be grounds for termination of the contract and for in i tiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds f o r disqual i fication of Contractor at Owne~ s discretion for bidding on future contra c ts with the Owner for a period of time of not less than six (6) months . C3 -3 .3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with current City Ordinance prohibiting discrimination in employment practices. The Contractor shall post the required C3 -3 (I) 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 fi l e in his office to the Contractor . Appropriate notices may be acquired from the Equal Employment Officer. C3 -3 . 4 WITHDRAWAL OF PROPOSA L S : 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 . 5 AWARD OF CONTRACT : The Owner reserves the right to withhold final action on the proposals for a reasonable time , not to exceed forty -five ( 45) days after the date of opening proposals , and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder . The award of the contract sha l l not become effective until the Owner has notified the Contractor in writing of such award. C3 -3 .6 RETURN OF PROPOSAL SECURITIES : As soon as proposed price totals have been determined for comparison of bids , the Owner may, at its discretion , return the proposal security which accompan i ed 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 deli very of the Co ntract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient perfo rmance bond in an amount not less than 100 percent o f the amount o f the contract, as evidenced by the proposal and tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance o f the contract, and for the protection of the Owner a n d all other persons against damage by reason of negligence o f the Contractor, o r impr o per e x ecuti o n o f the wo rk C3-3 (2) b . or the use of inferior materials . This performance bond shall guarantee the payment for all labor, materials, equipment , supplies , and services used in the construction of the work , and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City . c . MAINTENANCE BOND : A good and sufficient maintenance bond , in the amount of not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or othe rwise, guarantee ing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph CS -8.10 . d. PAYMENT BOND : A good and sufficient payment bond , in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt , full and faithful payment of all c laimants as defined in Article 5160 , Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature , Regular Session, 1959 , effective April 27 , 1959, and/or the latest version thereof , supplying labor and materia l s in the prosecution of the work provided f or in the contract being constructed under these spec ifi cat i ons. Payment Bond shall remain in force until a ll payments as above s tip ul ated are made . e . OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds o r which are interested in any litigat i on 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 whi c h is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U .S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury List for that company. Each bond shall be properly executed by both the Contractor and the Surety Company. C3-3 (3) Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner . No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner . C3 -3.8 EXECUTION OF CONTRACT : Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract , the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. C3-3 .9 FAILURE TO EXECUTE CONTRACT : The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the Owner by reason of said awardee' s failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3 -3 .10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner . Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order ", it is agreed that the surety Company will, within ten 910) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.ll INSURANCE: this contract until under the Contract approved by the The Contractor shall not commence work under he has obta ined all the insurance required Documents, and such insurance has been Owner. The prime Contractor shall be C3 -3 (4) responsible for delivering to the Owner the sub -contractor's certificate of insurance for approval. The prime contractor shall indicate of the certificate of insurance included in the documents for execution whether or not his insurance covers sub - contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub -contractors . a . COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract , Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract , and for all sub -contractors . In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected . b . COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance ( Public Liability and Property Damage Insurance) in an amount not less than $500 ,000 covering each occurrence on account of bodily injury , including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2 ,000 ,000 umbrella policy coverage . c. ADDITIONAL LIABILITY : The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above -mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. 2 . 3. 4. 5. 6. Contingent Liability (covers General Contractor's Liability for acts of sub -contractors). Blasting, prior to any blasting being done. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). Damage to underground utilities for $500,000. Builder's risk (where above -ground structures are involved). Contractual Liability (covers all indemnification requirements o f Contract ). C3-3 (5) d. AUTOMOBILE INSURANCE BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract , Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500 ,000 on account of one accident , and automobile property damage insurance in an amount not less than $100 ,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub- contractors, respectively, against damage claims which may arise from operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f . PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub -contractor, should the Prime Contractor' s insurance not cover the sub -contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all su c h o ther 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 dul y qualified agent, one upon whom service o f process may be had, and must have authority and power to act on beh alf of the insurance and /or bonding compan y to neg o tiate and settle with the City of Fo rt Worth, or C3-3 (6) any other c l aimant, any claims that the Ci ty of Fo r t Worth or other claimant or any property owner who has been damaged , may have against the Contracto r, insurance , and/or bonding company . If th e loc a l insurance representative is not so empowered by the insurance or bonding companies , then such authority must be vested in a l ocal agent or claims office r residing in the Metroplex (the Fort Worth -Dal l as area . ) The name of the agent or agents shall be set forth on a ll o f such bonds and certif i cates of insurance . C3 -3 .12 CONTRACTOR'S OBLIGATIONS : Under the Contract , the Contractor shall pay for all materials , labor and services when due . C3 -3 .13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representat i ve within seven (7) days after the close of each payro ll pe ri od . A copy or copies of the applicab l e min i mu m 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 shal l be the responsibi l ity of the Contractor. C3 -3 . 14 CONTRAC TOR' S CON TRACT ADMINISTRA T ION : Any Contractor , whether a person , persons , partnership, company , firm association , corporation or other who is approved to do business with and enters i nto a contract with the City for construction of water and/or sanitary sewer facilities, will have or shal l 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 bus i ness actions required in the performance of the Contract . This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other matter associated such as maintaining adequate and appropriate insurance or securit y coverage for the project. C3-3 (7) ... ...::,.c:-.• : Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor' s principal base of operations be other than in the Fort Worth -Dallas metropolitan area, notification of the Contractor's assignment of l ocal authority shall be made in writing to the Engineer in advance of any work on the project, appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a loca l representative shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor's administration, whether oriented in furthering the work, or other, are governed directly by local authority . This same requirement is imposed on insurance and surety coverage . Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for peri o ds in whi c h work stoppages are in effect fort his reas o n. C3 -3.15 VENUE: Venue of any action herein shall be exclusively in Tarrant County, Texas. C3 -3 (8) SECTION C4-4 SCOPE OF WORK PART C-GENERAL CO NDITIONS C4-4 SCOPE OF WORK C4 -4 .l INTENT OF CONTRACT DOCUMENTS : It is the definite intention of these Contract Documents to provide for a complete , useful project which the Contractor undertakes to construct or furnish , all in full compliance with the requirements and intent of the Contract Documents . It is def i n i tely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra of special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall , unless othe rwise specifically stated in these Contract Documents, furnish all labor, tools , ma terials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4 -4 . 2 SPECIAL PROVISIONS : Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be ant i cipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "special Provisions : covering all such work will be prepared by the Owner previous to the time of receiving bids or proposal for such work and furnished to the bidder in the form of Addenda. All such "Special Provisions" shall be cons idered to be a part of the Contract Documents just as though they were originally written therein . C 4 -4 . 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the r i ght to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and if found to be necessary, and the Contractor shall perform the work as altered , increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such i tern or i terns. When such changes increase o r decrease the original quantity of any item or items of work to be done or materials to be furnished by 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal ; such revised con sideration to be C4-4 (J) . ., determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations i n quantit i es of sanitary sewer pipes in depth categor i es, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size , but not to the various depth categories. C4 -4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4 -4 . 5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, 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% 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 owned by him and used for the extra work. The C4-4 (2 ) • d . fee shall be full and complete compensation to cover the cost of superintendence , overhead , other profit, genera l 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, bil l s , 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 i n writing by the Owner . In case any orders or instructions, either ora l or written , appear to the Contractor to involve Extra Work for which he should receive compensation , he shall make written request to the engineer for written orders authorizing such Extra Work , prior to beginning such work. Should a difference arise as to what does or does no t constitute Extra Work or as to the payment thereof , and the Engineer insists upon its performance , the Contractor shall proceed wi th the work after making written request for written orders and shall keep an accurate account of the actual reasonab l e cost thereof as provided under method (Item C). Claims for extra work wil l not be paid unless the Contractor shall fi l e his claim with the Owner within five (5) days before the time for making the fir st est imate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation . The compensation agreed upon for "extra work" whether or not initiated by a "change order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating t o 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 c o st, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4 (3) C4 -4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owne~ s approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract . There ihall be also shown the estimated monthly cost of work for which estimates are to be expected . There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8 ~ " X 11" sheets and at least five black of blue line prints shall be furnished to the Owner. C4 -4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within Ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner . As a minimum, the construction schedule work elements and activities indicated the technical specifications . shall incorporate in the proposal and all in Prior to the final drafting of the detailed construction schedule, the contractor shall review the draft schedule with the Engineer to ensure the Contractor' s understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conf o rm to time constraints, sequen c ing requirements and comp letion time. C4-4 (4) b . The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50 ,000 . Fabrication , delivery and submittal activities are exceptions to this guideline. c . Durations shall be holidays and weather the contract shall in calendar days conditions · over the be accounted for duration of each activity. and normal duration of within the d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall, as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activ ities in enough detail to achieve activities of approximately fourteen(14) days' duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section . For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and pre -acceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. C4-4 (5) 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable) 8. Final inspection. 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of wo rk shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor shall be considered grounds the Contractor is failing diligence as will insure specified. to comply with these requirements for determination by the Owner that to prosecute the work with such its completion within the time C4-4 (6) ,. < , PART C-GENERAL CONDITIONS CS-5 CONTROL OF WORK AND MA TERIALS SECTION CS-5 CONTROL OF WORK AND MATERIALS CS -5 . 1 AUTHORITY OF ENGINEER : The work shall be performed to the satisfaction o f the Engineer and in strict compliance with the Contract Documents . He shall decide all questions which arise as to the qua l ity and acceptab i lity of materials furnished , work performed , rate of progress of the work , overall sequence of the construction , interpretation of the Contract Documents , acceptable fu l fillment of the contract, compensation , mutual rights between Contractor and Owne r under these Contract Documents , s u pervision of the work , resumption of operations , and all other questi o ns or disputes which may arise. Engineer will not be responsible for Co ntractor's means , methods, techniques , sequences of procedures o f construction , or the safety precaution and programs incident thereto , and he wi ll not be r esponsible for Con t ractor' s failure to perform the work in acco r dance wi th the Co ntr act Documents . He shall determi ne the amount and quality of the work completed and materials furnished , and his decisions and estimates shal l be final . His estimates in su c h event sha ll be a condition to the ri ght of the Contractor to receive money due him under the Contract . The Owner sha ll have e x ecut i ve authorit y to enforce and make effective such necessary deci si ons and orders as the Cont r actor fails to carry out promptly . In the event of any d i spute 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 Contract o r , render and deli v er to both the Owner and Contractor , a written decisi o n o n the matter i n c o ntr overs y . CS -5 .2 CONF ORMITY WITH PLANS : The finished project in all cases shall c o nform with lines, grades, cross -secti o ns, finish, and dimensions sh o wn o n the plans o r any other requirements o therwise des c ribed in the Contract Documents . Any deviation from the appr oved Co ntract Documents required by the Engineer during c o nstructi o n will in all cases be determined by the Engineer and autho riz e d b y the Owner by Change Order. C S-5 (1) ' > CS-5. 3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents, which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. CS-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the engineer, his inspector, and other Contractors in every possible way. The Contractor shall at 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 CS -5 (2) 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 c i rcums t ances require the presence on the project s it e o f a r .epresentative of the Contractor to adequately provide for the safety or convenience of the travelling public or the owners of property across wh i ch the project extends or the safety of property contiguous to the project routing . The Contractor Engineer and workmansh i p and shall provide all fac i lities to enable h i s in s pector to exami ne and i nspect mater i a l s entering into the work . the the CS -5 .5 EMERGENCY AND/OR RECTIFICATION WORK : When , in the opinion of the Owner or Eng i neer , 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 occu r day or night , whether the project is schedu l ed on a calendar -day or on a working -day basis . Should the Contractor fail to respond to a request fro m the Engineer to rectify any discrepancies , omissions, or corrections necessary to conform with the requirements of the project specifications or plans , the Engineer shal l give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the contractor t o take remedial action to correct the condition . In the event the Contractor does not take positive steps to f u lfill this written request , or does not show just cause for not taking the proper action , within 2 4 hou rs, the City may take such remedial action wi th Ci ty forces or by contract . The City shall then deduct an amount equal to the entire costs for such remedial action , plus 25%, f r om any funds due the Contracto r on the project . CS -5 . 6 FIELD OFFICE : The Contractor sha ll 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 by 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 . CS -5. 7 CONSTRUCTION STAKES: The City, through will furnish the Contractor with all lines, CS-5 (3) its Engineer, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents , and lines , grades and measurements wil l be established by means of stakes or other customary method o f marking a may be found cons i stent with good pract i ce . These stakes or markings shall be set sufficiently in advance of construction operations to avoid de l ay . Such stakes or mark i ngs , as may be estab l ished for the Contractor's use or guidance , shall be preserved by the Contractor until he is autho r ized by the Eng i neer to remove them . Whenever , in the opin i on of the Engineer , any stakes or markings have been careless l y or willfully destroyed , disturbed, or removed by the Con t ractor or any of his emp l oyees , the fu l l cost of replacing such stakes or marks plus 25% will be charged against the Contractor , and the fu l l amount wi ll be deducted from payment due the Contractor. C5 -5 .8 AUTHORITY AND DUT I ES OF CITY INSPECTORS : City Inspectors wi ll be authorized to i nspect all work done and to be done and al l materials furnished . Such inspect i on may extend to all or any part of the work , and the preparat i on or manufacturing of the mater i als to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer the progress of the work and the manner in which it is being performed , 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 infr i ngements . Such i nspection or lack of inspection will not relieve the Contractor from any obligat i on to perform the work in accordance with the requirements of the Contract Documents . In case of any dispute ar i sing between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to, and be 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 to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties f or the Contractor, or interfere with the management or operation o f the work. He will not accept from the Contractor any compensation in any f orm for performing any duties. The CS -5 (4) Contractor shall regard and obey the directions and instruction of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents , provided , however , should the Contractor object to a n y orders o r instructions of the City Inspector , the Contractor may within six days make written appeal to the Engineer for his decis i on on the matter in controversy . CS -5 .9 INSPECTION : The Contractor sha l l furn i sh the Eng i neer with every reasonable fac i lity for ascertaining whether or not the work as performed is i n accordance wi th the requirements of the Contract Documents . If the Eng i neer 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 . Shou l d the work exposed or examined p r ove acceptab l e , the uncovering or removing and rep l acing o f the covering or making good of the parts removed shall be paid for as extra work , but shou l d be work so exposed or examined prove to be unacceptable , the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. CS -5 .10 REMOVAL OF DEFECTIVE AND UNAU THORIZED WORK : All work , materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense . Work done beyond the lines and grades given or as shown on the plans , except as herein specifically provided , or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and wi ll 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 comp l y with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed , and the cost thereof may be deducted from any money due or to become due to the Contractor . Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5 (5) CS -5 .11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if contractor wishes to furnish or use a proposed substitute, he shall , prior to the pre -construction conference , make written application to Engineer for approval of such substitute cert ifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be orde red or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses ( including attorneys fees) arising out of the use of substituted materials or equipment. CS -5 .12 SAMPL ES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as ca lled 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 otherwise specifically provided . The failure of the Owner to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require f o r collecting and forwarding samples and shall not , without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the CS-5 (6) mixing and transporting equipment shall be approved by the Engineer before any concrete is placed , and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the contract Documents . Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change , new tests shall be made prior to the use of the new materials . CS -5 . 13 STORAGE OF MATERIALS : Al l materials which are to be used in the construction operation shal l be stored to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard , clean durable surfaces and not on the ground, and shall be placed under cover when directed . Stored materials shall be placed and located so as to facilitate prompt inspection . CS -5 . 14 EXISTING STRUCTURES AND UTILITIES : The location and dimensions shown on the Plans relative to existing utilities are based on the best information available . Omission from or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of , or a definite loca t ion of, existing underground uti l ities . The location of many gas mains, water mains, conduits, sewer l ines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the Plans or to show them in their exact location . It is mutually agreed that such failure w.ill not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of e x isting utilities, structures and service lines shall include C5-5 (7) notification of a l l utility companies at least forty -eight ( 48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. CS -5.15 INTERRUPTION OF SERVICE: a. b. 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 Division of location, service interruption. Department' s time, and Distribution schedule of 2. Notify each customer personally through responsible personnel of 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 entrance doorknob. The tag shall be durable composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short as possible. Thank you, Contractor Address Phone in Emergency: interruption immediate. In the event that an occurs, notice shall unforeseen service be as above, but C5-5 (8) CS -5 .16 MUTUAL RESPONSIBILITY OF CONTRACTORS : If , through acts or neglect on the part of the contractor , any other Contractor or any sub -contractor sha ll suffer loss or damage o n the wo r k , the Contractor agrees to settle with such other Contractor or sub -contractor by agreement or arbitration . If such other Cont r actor or sub -cont r actor shal l assert any c l aim a gainst t h e Owner on accoun t of any damage alleged to have been sustained , the Owner will notify the Contractor , who shall indemn i fy and save harmle s s the Owne r against any such claim . CS -5 . 17 CLEAN -UP : Clean-up of surplus and/or waste materials accumu l ated on the job site during the prosecution of the work under these Contrac t Documen t s sha l l be accomp l ished in keep i ng with a daily routine established to the satisfaction of the Engineer . If , with in twenty -four (24) hours a f ter wr i tten notice is given to the Contractor that the clean -up on the job site is proceeding in a manner unsatisfactory to the Engineer , the Contractor fails to correct the unsatisfacto r y procedure , the City may take such direc t action as the Eng i nee r deems appropriate to correct the clean -up deficiencies cited to the cont r actor i n the wr i tten not i ce , and t he costs of such direct action , plus 25% of such costs, shal l be deducted from mon i es due or to become due to the Contractor . Upon the complet i on of the project as a who l e as cover ed 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 ma t eria l s , temporary structures , and debris o f every kind . He shal l leave the s i te of all work i n a neat and orderly condit i on equal to that which orig i na l ly existed . Surplus and waste materials removed from the s i te of the work shall be disposed of at locations satisfactory to the Engineer . The Contractor shall thoroughly c l ean all equ i pment 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. CS -5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed , the Engineer will notify the proper officials of the Owner and request that the final inspection be made . Such inspection will be made within 1 0 days after such notification . After such CS-5 (9) final inspection , if the work and materials and equipment are found satisfactory , the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the Ci ty Counc il. No time charge wi l l be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C S-5 (10 ) PART C-GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6 -6 . 1 LAWS TO BE OBSERVED : The Contractor shall at all times observe and comply with all Federal and State Laws and Ci ty ordinances and regu lati ons wh i ch in any way affect the conduct of the work or his operations , and shall observe and comply wi th all orders , laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment . No p l ea of misunderstand ing or ignorance thereof will be considered . The Contractor and his Sureties shall indemnify and save harmless the City and a ll o f its officers, agents, and employees against any and all claims or liabilit y arising from or based on the violation of any such law, ordinance , regulat i on, or order , whether it be by himself or his employees . C6 -6. 2 PERMITS AND LI CENSES : The Contractor sha ll procure a l l 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 sha ll provide for such use by suitable legal agreement with the patentee or owner of such patent, letter , or copyrighted design . It is mutually agreed and understood that without exception the contract prices shall include a ll roya l ties or costs arising from patents, trademarks, and copyrights in any way involved in the work . The Contractor and his sureties shall indemnify, and save harmless, the Owner from any and all claims for infringement by reason of the use of any such patented design , device , material or process, or any trademark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringemen t at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material C6 -6 (1) 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 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 o f Texas and the City shall be strictly complied with. C6-6. 5 PUBLIC SAFETY AND CONV ENIEN CE : Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or conven ience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Other means may include the diversion of driveway traffic, with specific approval by the Engineer. If di version of traffic is approved by the Engineer, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such di version of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. C6-6 (2) The materials excavated and the construct i on mater i a l s , such as pipe , used in the construction of the work sha l l be placed so as not to endanger the work or prevent free access to all f i re hydrants , fire alarm boxes , police call boxes , water valves, gas va l ves , or manholes in the vicinity . The Owner reserves the right to remedy any neglect on the part of the Contractor in reference to public convenience and safety whic h may come t o i ts attent ion , after twenty-four (24) hours no t ice in wr i ting to the Cont r actor , save in cases of eme r gency when i t shall have the right to remedy any neglect without notice , and i n either case , the cost of such work done or materia l s furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor . The Contractor, after approval of the Engineer , shall notify the Fire Department Headquarters , Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccess i b l e, and when so directed by the Engineer , sha ll keep any street , streets , or highways in condition for unobstructed use by fire apparatus . The Contractor shall promp t ly notify the Fire Department Headquarters when all such obstructed streets , alleys , or hydrants are again placed back in service . Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over d i tches or streams , his responsibility for accidents in connection with such crossings shal l include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims . The Contractor shall file with the Engineer a written statement showing all such claims adjusted . C6 -6. 6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT - OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of - way as provided for in the ordinances of the City, as shown in the Contract Documents, o r as ma y be specifically authorized in C6-6 (3) 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 stacked in such a way that does not interfere with the use of spaces that may be designated to be left free and unobstructed, or inconvenience occupants of adjacent property . If the street is occupied by railway tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6. 7 RAILWAY CROSSINGS: When the work encroaches upon any right -of -way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company regarding the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intention to begin work on that portion of the project which is related to the railway properties . The Contractor will not be given extra or additional 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, and shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a co lor 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 o f barricades shall be erected and maintained to keep pedestrians away, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. C6 -6 (4) All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Hi ghways ", issued under the authority of the "State of Texas Uniform Act Regulating Traf fi c on Highways ", codified as Article 6701d , Vernod s Civil Statutes , pertinent sections being Section Nos . 27 , 29 , 30 and 3 1. The Contractor wi l l not remove any regulatory sign , inst r uctional sign , street name sign , o r other s i gn , which has been erected by the Ci ty . If it is determined that a sign must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works Department , S i gns and Markings Division (phone number 870 -8075), to remove the sign . In the case of regulatory signs , the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual, and such temporary s i gn must be installed prior to the removal of the permanent sign. If the temporary s i gn is not insta l led correctly or i f it does not meet the required specificati ons , the pe r manent sign sha ll be left in place unti l the temporary sign requirements are met . When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shal l again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed . The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs , fences , lights , or watchmen to protect them. Whenever evidence is found of such damage to the work , the Engineer may order the damaged portion irrunediately removed and replaced by the Contractor at the Contractor' s own expense . The Contractor' s responsibility for the maintenance of barricades, signs, fences and lights , and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner . No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing , providing, and maintaining of barricades, signs, fences , and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public C6 -6 (5) during the co n tract peri o d, subsidiary to the several prices are requested in the as this i terns for Proposal. work is considered to be which unit o r lump sum 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 e x ercised at all times not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four ( 24) hours in advance of the use of any activity which might damage or endanger property along or adjacent to the work. Where the use of e x pl o si v es is to be permitted o n the project as specified in t he Special Contract Documents, or the use o f e x plosiv es is requested, the Contractor shall submit no tice t o the Engineer in writing twenty-four ( 2 4) 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. All claims arising out of the use of e x plosives shall be inv estigated and a written report made b y the Co ntra c t o r's insurers to the Engineer within ten ( 10) days after r eceipt o f written notice of the claim to the Contractor from either the City or the claimant. The city shall proceed to give notice to the Contractor of any such claim. The use o f e x plosiv es may be suspended b y the Engineer if any complaint is recei v ed and such use shall not be resumed until the cause of the c o mplaint has been addressed. Whenever explosi v es a r e stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainl y marked "DANGERO US EXPLOSI VES" and shall be under the care o f a competent watchman at all times. All vehicles in whi c h e x plosives are being transported shall be plainly marked as mentioned abo v e and shall, i nsofar as possible, n o t u se heavy traffic r o utes. C6-6. 10 WORK WITHIN EASEMENTS: Where the wo rk passes over, through , o r int o pri v ate p r o pert y , t he Owner will pr ovi d e suc h right-o f-wa y o r easement priv ileges as the Cit y ma y d eem n ecessar y f o r the prose c uti o n o f t he wo rk. Any a dd it ion al rights-o f-wa y o r wo rk a rea co nsidered n e c essar y by the Co ntract or shall b e pr ov ide d by him a t his ow n e x p en se. Such C6-6 (6) additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing of the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property . The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor , and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions, which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing and all other types of structures or improvements, and to all water, sewer and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be app l icable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material or equipment. When and where any direct or indirect damage or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. C6-6 (7) All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project . When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut . Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work . In case of failure on the part of the Contractor to restore such property to 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, rebuilt or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract . C6-6. 11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees invitees. The doctrine of respondent superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6 (8) C6 -6 .12 CONTRACTOR ' S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify City's engineer and architect , and their personnel at the project site for Contractor's sole negligence . In addit i on, 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 ar i se out of , the work and services to be performed hereunder by Contractor , its officers , agents , employees , subcontractors, licensees or invitees , whether or not any such in j u ry, damage o r death is caused , in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract , whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers , servants or employees . In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made unti l Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier . The Director may, if he deems it appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract . C6 -6. 13 CONTRACTOR' S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement o f the details and amount of such alleged C6 -6 (9) damage and , u pon reque s t , shall g i ve the Engineer access to al l books of account , rece i pts , vouchers , bi l ls of lading , and other books or papers contain i ng any ev i dence as to the amount of such alleged damage . Un l ess such statements shall be filed as here i n requ i red , the Contractor's claim for compensation shall be waived , and he shall not be entitled to payment on account of such damages . C6 -6 . 14 ADJUSTMENT OR REL OCATION OF PUBLIC UTILITIES , ETC : In case it is necessary t o cha n ge , move, or a l te r in any manner the property o f a pub li c utility or o t hers , the said property shall not be moved or i nterfered wi th until orders thereupon have been issued by the Engineer . The right is reserved to the owners of pub l ic ut i lities to ente r the geographica l limits of the Contract for the purpose of making such changes or repairs to the i r property that may be necessary by the performance of this contract . C6 -6 .1 5 TEMPORARY SEWER AN D DRA I N CONNECTIONS : When existing sewer lines have to be taken u p or removed , the Contractor shal l, at his own expense and cost , provide and maintain temporary outlets and connect i on s for all private or public drains and sewers. The Contractor shall also take care of all sewage and dra i nage , which will be received from these drains and sewers , and for this purpose he shall provide and maintain, at h i s own cost and expense , adequate pumping facilities and temporary outlets or diversions . The Contrac t or, at his own cost and expense, sha l l construct such troughs, p i pes , or other structures necessary, and be prepared at all t i mes to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6 -6.16 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 . C6 -6 (10) C ' 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 shal l be insta l led by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrants and/or valves is detailed in Section E2 -l .2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents . When meters are used to measure the water , the charges , if any , for water will be at the regular established rates . When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies , payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department . C6 -6.17 USE OF A SECTION OR PORTION OF THE WORK : Whenever, in the opinion of the Engineer , any section or portion of the work or any structure is in suitable condition , it may be put into use upon the written order of the Engineer , and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions o f these Contract Documents. All necessary repairs and removals of any section of the wo rk so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor , shall be preformed by the Contractor at his own expense . C6 -6 .18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor , and he shall take e v ery necessary precaution to prevent injury o r damage to the work or an y part thereof by action of the elements or from any cause whatsoever, whether arising from the executi o n of non -execution of the work . The Contractor shall rebuild, repair, restore, and make good at his own e x pense all injuries or damage to any portion of the work oc casioned b y any o f the causes herein. C6-6 .19 NO WAIVER OF LEGAL RIGHTS: Inspecti o n by the engineer or any order by the Owner by payment of money or any payment for o r acce pt ance o f any work, o r an y extensi o n of time, or any p o ssessi on take n b y the Cit y shall not o perate as a wai v er of an y pr ov isi o n o f t h e Co ntract Documents. An y wai v er of any b reach or Co ntra c t shall no t be hel d t o b e a waiver o f any other or s ubsequent b r each . C6-6 (11 ) The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents . C6 -6 . 20 PERSONAL LIABILITY OF PUBL I C OFFICIALS : In carrying out the provisions of these Contract Documents or in exerc i s i ng any power of autho r ity granted thereunder , there shall be no liability upon the author i zed representatives of the Owner, either persona ll y or otherwise as they are agents and representatives of the City . C6 -6. 21 STATE SALES TAX: On a contract awarded by the City of Fort Worth , an organization which qualifies for exemption pursuant to the provisions of Article 20. 04 (H) of the Texas Limited Sales , Excise , and Use Tax Act , the Contractor may purchase , rent or lease al l materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate t o comply with State Comptroller's Ruling .007 . Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller' s Ruling . 011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales , Excise , and Use Tax Act . On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of -way or other easement wh i ch has been dedicated to the publ i c and the City of Fort Worth , an organization wh i ch qualifies for exemption pursuant to the provisions of Article 20 . 04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6 -6 (12) PART C-GENERAL CONDITIONS C7-7 PR OSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS C7 -7 . 1 SUBLETTING : The Contractor shall perform with h i s own organization , and with the assistance of workmen under his immediate super i ntendence , wo rk of a value of not less than f i fty (50 %) percent of the value embraced in the con t ract . If the Contracto r sub l et s any pa r t of the work to be done under these Contract Documents , he will not under any circums t ances be re l ieved of the respons i bility a nd ob l igati o n a ssumed under these Contract Docume nts . All transactions of the Eng i neer wi ll be with the Contractor . Subcontractors will be conside r ed only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements regarding character and competency . The Owner will not rec o gnize an y subcontractor on the work . The Contractor sha.11 at all times , when t he work is in operation , be r epresented e i ther in person or by a super i ntendent , o r ot h e r de si gnated rep r e s entat i ve . C7 -7 .2 ASSIGNMENT OF CONTRACT : The Contractor shall not ass i gn , transfer , sublet , convey , o r otherw i se dispose of the contract or his rights , title , or interest in o r to the same or any part thereof without the p r evious consen t of the Owner expressed by resolution of the City Council and concurred in by the Suret i es . If the Contractor does , without such pre v ious consent , ass i gn , transfer , sublet , con vey , or otherwise dispose of the contract o r h i s r i ght , t itl e , o r i nterest there i n or any part th er eof , to any person or persons, partnership , company, firm or corporation, or does by bankruptcy , vo l untary or invo l un t a r y , or by assignment under the insol v enc y laws of an y state , attempt to dispose of the contract ma y , at the opti o n o f the Owner be re v oked and annulled, unless the Sureties shall successfully complete said contract , and in the e v ent o f an y such revocation or annulment, an y monies due o r t o bec o me due und e r o r by virtue of said c o ntract shall be retained by the Own er as liquidated damages f o r the reason that it wou l d be impracticable and e x tremel y diff i cult to f ix the actual damages . C7 -7 .3 PRO SE CU TI ON OF THE WOR K: Prior t o beginning any constructi on o peration, t h e Co n t ractor s h all submit t o the En gineer in fi v e o r mo re cop i e s, if request ed by the Engineer, a p r og re s s s chedul e p refer ab l y i n chart o r d i agram f o rm, o r a C 7-7 (1) brief outlining in detail and step by step the manner of prosecuting the work and ordering mater ials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period . The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit . The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7. 8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor to create a minimum amount of inconven ience to the public. At any time when, in the judgment o f the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OR WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring in from outs i de the City of Fort Worth his key men and his superintendent. All o ther workmen, including equipment operators , may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent , and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the C7-7(2) ' ,. summary dismissal of any person or persons employed by the Contractor in or about or on the work who , in the opinion of the Owner, shall misconduct himself or be found to be incompetent , disrespectful , intemperate , dishonest , or otherwise objectionable or neg l ectful in the proper performance of his or their duties , or who neglects or refuses to comply with or carry out the directions of the Owner , and such person or persons sha l l not be employed again thereon without wr i tten consent of the Engineer . All workmen shall have suff i cient skil l, ability , and exper i ence to properly perfo r m t he work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties . The Contractor shal l furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress . All equipment , tools , and machinery used for handling mate r ials and execu t ing any part of the work shall be subject to the approval of t he Engineer and sha ll be main t ained in a satisfactory , safe and efficient working condition . Equipment on any portion of the work shall be such that no injury to the work , workmen or adjacent property will result from its use . C7 -7. 6 WORK SCHEDUL E: Elapsed working days shall be computed starting with the first day of work completed as defined in Cl - 1. 23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first . Noth i ng in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday , Sunday or , Lega l Holidays, provid i ng that the following requirements are met : a . A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the Thursday preceding . b. Any work to be done on the Saturday, Sunday or Legal opinion of the Engineer, completion of the project. project on such a specific Holiday must be, in the essential to the timely The Engineer' s decision shall be final in response request for approval to wor k on a specific Saturday, to such a Sunday or C7-7(3) Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday . Calendar Days shall be defined in Cl-1.24 and the Contractor may work as he so desires. C7 -7 . 7 TIME OF COMMENCEMENT AND COMPLETION : The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7 -7. 8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval . In adj us ting the contract time for completion of work , consideration will be given to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub- contractors due to such causes. When the date of completion is based on a calendar day bid, a request for 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 bona fide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. C7-7 (4) If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents , then the contract time may be increased by Change Order. C7 -7 .9 DELAYS : The Contractor shall receive no compensation for delays or hindrances to the work , except when d i rect and unavo i dable extra cost to the Contractor i s caused by the failure of the City to provide information or material , if any , which is to be furnished by the City . When such extra compensation is claimed , a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval ; and the action thereon by the Council shall be final and binding . If delay is caused by specific orders given by the Engineers to stop work , or by the per f o r mance of extra work , or by the failure of the City to provide material or necessary instructions for carrying on the work , then such de l ay will entitle the Contractor to an equivalent extension of time , his application for which shall , however , be subject to the approval of the City Council ; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force unt i l the discharge of the contract . C7 -7 .10 TIME OF COMPLETION : The time of completion is an essential element of the contract . Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents . The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall after the time specified in the Contract increased time granted by the Owner, or increased by additional work or materials contract is signed, the sum per day given C7-7(5) remain uncompleted Documents, or the as automatically ordered after the in the following schedule , unless otherwise specified in other parts of the Contract Documents , will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner . AMOUNT OF CONTRACT LIQUIDATED DAMAGES Less than $5 ,000 $35 .00 $5 ,001 to 15,000 45 .00 5,001 to 25,000 63 .00 25,001 to 50 ,000 1 05 .0 0 50 ,001 to 100 ,000 154 .00 100,001 to 500,000 210 .00 500 ,001 to 1,000,000 315 .00 1 ,000 ,001 to 2,000,000 420 .00 2,000,001 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 impossible or very difficult to accurately estimate , and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay . C7 -7.11 SUSPENSION BY COUR T ORDER : The Contractor shall suspend operations on such part or parts of the work ordered by any Court, and will not be entitled to additional compensation by virtue of such Court Order. Neither will he be liable to the City in the event the work is suspended by a Court Order . Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible . C7 -7 .12 TEMPORARY SUSPENSION : The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather condit i ons or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand -by time of construction equipment and/or construction crews. C7-7 (6) .. If it should become necessary to suspend work for an indefinite period , the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessari l y 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 ab l e to comp l ete a portion of the project due to causes beyond the control of and without the F fault or negligence of , the Contractor as set forth in Paragraph C7 -7. 8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer tnat a solution to allow construction to proceed is not available within a reasonable per i od of time , then the Contractor may be reimbursed for the cost o f moving his equipment off the job and return i ng the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed . No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth . The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operat i ons . C7 -7 .13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency so dec l ared 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 obta inable . If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days , the Contractor may request the C7-7 (7) Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits o n work which has not been performed. C7-7 .14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause . The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that opera.tions by Contractor is the work within the specified progress of insufficient time. the work to complete 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 ins o l ven t or bankrupt, or otherwise financiall y 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 comp ly with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor to promptly make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. C7-7(8) h . i. j . o f collusion for the purpose of contract or perpetrating fraud construction of work under Substantial evidence illegally procuring a on the City in the contract. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose . If the Contractor fail to carry on acceptable manner. shall, the for any working cause whatsoever , operation in an k . If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor' s Sureties . When work is suspended for any cause or causes , or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate , whereupon the Sureties may, at their o pti o n, assume the contra c t or that portion there o f which the Owner has ordered the Contractor to discontinue , and may perform the same or may, with the written consent of the Owner, sublet the work or that portion of the work as taken o ver, prov ided however , that the Sureties shall exerc i se their option, if at all , within two weeks after the written notice to discontinue the work has been served upon consent o f the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall e x ercise their option, if at all , within two weeks after the written n o tice to disc o ntinue the work has been serv ed upon the Contractor and upon the Sureties or their authorized agents . The Sureties, in such e v ent shall assume the Contractor's place in all r e spects, and shall be paid by the Owner for all work perf o rme d by them in accordance with the terms of the Contract Documents. All mo nies remaining due the Contractor at the time o f this d efa u lt shall thereup o n bec om e due and pa y able t o the Sureties as t h e work pr o gresses, subject t o all of the terms of t h e Contract Documents. In case t he S ureties do n o t, within the specified time, exercise their ri gh t an d opt i o n t o assume the contra c t resp o nsibilities, or t h a t p o r tion the re o f which the Own er h a s o r de red t he C 7-7 (9) Contractor to discontinue , then the Owner shall have the power to complete , by contract or otherwise , as it may determine, the work herein described or such part thereof as it may deem necessary , and the Contrac t or hereto agrees that the Owner shall have the right to take possess i on of and use any materials, plants , tools , equipment , supp li es, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools , equipment , materials , labor and property for the comp l etion of the work, and to charge to the account of the Contractor of said contract expense for labor , mater i a l s , 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 comp l eting the contract, but the expense to be deducted shall be the actual cost of the owner of such work. I n case such expenses sha ll exceed the amount which would have been payable under the contract if the same had been completed by the Contractor , then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due . When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section , the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in a manner that does not hinder or interfere with performance of the work by the Owner . C7 -7 .15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fu l f ill ed, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7 -7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be affected by C7-7 (JO) B. mailing a notice of termination to the Contractor specifying the extent to wh i ch performance o f wo rk under the contract is terminated , and the date upon wh i ch such termination becomes effective. Receipt of the notice shall be deemed conclus i ve l y presumed and established when the letter is p lac ed in the United States Mail by the Owner. Further , it shall be deemed conclus ive ly presumed and established that such termination is made with just cause as therein stated ; and no proof in any claim, demand o r suit sha l l be required of the Owner regarding such discretionary action . CONTRACTOR ACTION : After receipt termination , and except as otherwise Eng ineer , the Con tra ctor shall : of a notice of directed by the 1 . Stop work under the contract on the date and to the extent specified in the notice of termination; 2 . Place no further orde rs o r subcontracts for materials , services or facilities except as may be necessary for completion of such portion of the work under the contract as is no t terminated ; 3 . Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notSice of termination ; 4. Transfer title to the Owner and deliver in the manner, at the times, and t o the extent, if any, directed by the Engineer : a. the fabricated or unfabricated parts, work i n process, completed work, supplies and other material produced as a part of , o r acquired in connection with the performance of , the work terminated by the notice o f termination; and b. the completed , or partially drawings , information and which, if the contract had wou ld have been required to the Owner. comp let ed plan s, other property been completed, be furnished to 5. Complete performance of such part of the work as shall not have been terminated by the notice of termination; and C7 -7 (11) 6 . Take such action as may be necessary, or as Engineer may direct, f o r the protection preservation of the property related to contract which is in the possession of contractor and in which the Owner has or acquire the rest . the and its the may C. TERMINATION CLAIM : Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60 -day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the provisions of Item C7 -7. 16 (C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the t o tal contract price as reduced by t h e amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount . No amount shall be due for lost or anticipated profits. Nothing in C7 -7. 16 ( E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine o r affect the amount o r am o unts which may be agreed upon t o be paid t o the Co ntractor pursuant to this paragraph. E. FAILURE TO AGREE : In the e v ent of the failure of the Co ntractor and the Owner to agree as prov ided in C7- 7.1 6 (D) up o n the wh o le am o unt t o be paid to the Contractor by reason of the terminati o n of work pursua n t t o this se c ti o n the Owner s hall determine, on the b asis o f information a v ailable t o it, the am o unt, if an y , due to the Co ntractor b y reas o n of the t e r min a ti o n and s h all pa y t o the Co ntra c tor t h e amoun ts det e r mi n ed. No am o unt shall be d ue fo r l o st or an ti c i pated pro f its . C7-7 (12) F. DEDUCTIONS : In arriving at the amount due the contractor under this section , there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract ; (b) any claim which the Owner may have against the Contractor in connection with this contract ; and ( c) the agreed price for , or the proceeds of sale of , any materials , supplies or other things kept by the Contractor o r sold , pursuant to the provis i ons 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 re l at i ng to the continued portion of the contract (the portion not terminated by the notice o f termination), such equ i table adjustment as may be agreed upon shall be made in such pr i ce or prices ; nothing contained herein, however , sha l l limit the , right of the Owner and the contractor to agree upon the amount or amounts to be paid to the Contractor for the complet i on of the continued portion of the contract when said contract does not contain an established contract price for such continued portion . H . NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7 -7 .14 hereof entitled "Suspension or Abandonment of the Work and Amendment of Contract" or any other right which Owner may have fo r default or breach of contract by Contractor. C7 -7. 1 7 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations to protect person and property from injury, including death, or damage in connection with the work. C7 -7 (13) PART C-GENERAL CONDITIONS ca-a MEASUREMENT AND PAYMENT SECTION ca-a MEASUREMENT AND PAYMENT SECTION CB -8 . 1 MEASUREMENT OF QUAN T ITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptab l y comp l eted under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by t he Eng i neer . These measurements wi l l be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents , numbers , and we i ghts of the materials and items i nstalled . CB -8. 2 UNIT PRICES : When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shal l include the furnishing by the Contractor of all labor , tools , materials , machinery, equipment , app l iances and appurte n ances 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, f i nished overhead expense, bond , insurance , patent fees , royalties , risk due to the elements and other causes , delays , profits , injuries , damages claims , taxes , and all other items not specifically mentioned that may be required to fu l ly construct each i tern of the work comp l ete in p l ace and in a satisfactory condition for operation. CB -8. 3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth , the sa i d "Lump Sum" sha l l represent the total cost for the Contractor to furn i sh 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. CB -8 .4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any C&-8 (1) unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner , ( except as provided in paragraph C5 -5 .14) for a l l risks of whateve r description connected with the prosecution of the work , for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as here i n specified , or any and all infringements of patents , trademarks , copyrights , or other legal r eservations , and for completing the work in an acceptable manner accord i ng to the terms of the Contract Documents . The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work , materials , or equipment , nor in any way prejudice or affect the obliga t ions 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 qua l ity o f the material used or equipment or machinery furnished in or about the cons t ruction of the work under contract and its appurtenances , or any damage due or attributed to such defects , which defects , imperfect i on , or damage shall have been discovered on or before the fina l inspection and acceptance of work or during the one year guaranty period after final acceptance . The Owner shall be the sole judge of such defects , imperfections, or damage , and the Contractor shall be liable to the Owner for failure to correct the same as prov i ded herein . CS -8. 5 PARTIAL ESTIMATES AND RETAINAGE : Between the 1st and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period, under the Contract Documents. Not later than the 10th day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ( $100. 00) in amount, 90% of such estimated sum wil l be paid to the Contract o r if the total c o ntract amount is less than $400,000, or 95 % o f such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater, within twenty - five (2 5 ) days after the regular estimate period. The City will ha v e the o ption of preparing estimates o n forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the wo rk which are t o be incorporated into the wo rk as a permanent part thereof, b ut which at the time C&-8 (2) of the estimate have not been installed. Such payment will be allowed on a basis o f 8 5 % o f the net invo ice v alue thereof. The Contract o r shall furnish the Engineer such information as he may request to a i d him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its qu a lity o f sufficien cy , o r as an ac c eptance of the work done o r the release of the Contractor of any of his responsibilities under the Contract Documents . The City reserv es the right to withhold the payment o f an y mo nthl y estimate if the c ontractor fails to perform the work strictly in accordance with the specifications or provisions of this contract . C8 -8 .6 WITHHOLDING PAYMENT: Payment o n any estimate or estimates ma y be held in abeyance if the performance of the construction operati o ns is not in a cco rdance with the requirements o f the Contract Documents. C8 -8 .7 FINAL ACCEPTANCE: Whenever the improv ements provided for by the Contract Documents have been completed and all requirements of the Contract Do cuments have been fulfilled on the part of the Contract o r, the Contractor shall notify the Engineer in writing that the impr ovements are ready for t h e final inspection. The Engineer shall notify the appropriate officials of the Owner, who will within a reasonable time make suc h final inspecti o n, and if the wo rk is satisfactor y , in an acceptable condition, and has been completed in accordance with the terms o f the Co ntract Documents and all appro v ed mo difications thereof, the Engineer will initiate the pr o cessing of the final estimate and recommend final acceptance of the pr o je c t and final pa ym ent theref o r as ou t l i n ed in C8 -8.8 b el o w. C8 -8. 8 FINAL PAYMENT: Whene v er all the impro v ements pr ov i d ed f o r b y the Co ntrac t Do c um ents and a ll ap p r oved mo d ificati o ns there o f shall ha v e b een comp leted and all r equirements of the Co ntra c t Documents ha v e been fulfill e d on the part o f the Co ntra c t o r, a final estimate show in g the v alue o f the wo r k will be p r ep are d by t h e Eng i n eer a s soon as t h e n e ces s a r y meas ur emen t s , computations , and checks can be made . CS -8 (3) All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the f i nal payment . The amount of the final estimate , less previous payments and any sums that have been deducted or retained under the provisions of the Contrac t Documents , will be paid to the Co ntr acto r wi t hin 60 days after fina l acceptance by the Owner on a prop e r resolut i on of the City Council , provided the Contracto r has furnished to the Owner s atisfactory evidence of payment as fo l lows : Pr i or t o subm i ssion of the fina l estimate for payment , the Contractor shall execute an affidavit , as furnished by the City , certifying that all persons , firms , associations, corporations, or other organizations furnish i ng labor and/or materials have been paid in full , that the wage scale established by the City Council in the City of Fort Worth has been paid , and that there are no claims pending for personal inj~ry and/or property damages . The acceptance by the Contractor of the last or fina l payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furn i shed or relating to the work under Contract Documents or any act or neglect of said City relating to or connected with the Contract . The mak i ng of the final payment by the Owner shal l not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter . CS -8 . 9 ADEQUACY OF DESIGN : It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and a l l modifications of the approved Contract Documents . It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents , the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents , all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner . The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto . C8-8 (4) CB-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materia l s or workmanship . The Contractor shall remedy any defects or damages in the work and pay for any damage to other work resulting therefrom which sha l l appear within a period of one year from the date of fina l 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. CB -8.1 1 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions i mposed by the Plans , the General Contract Documents or these Special Contract Documents , in which no specific i tern for bid has been provided for in the Proposal , shall be considered as a subsidiary item of work , the cost of which shal l be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general i terns of work which fall in the category of subsidiary work. CB -8 .12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid i terns 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 . CB -8. 13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. 71 Part Cl Supplementary Conditions to Section C SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C -GENERAL CONDITIONS A. General B. These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the l 0th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts ofless than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to w ithhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C -General Conditions: Paragraph C3-3 .11 of the General Conditions is deleted and replaced with D-3 of Part D -Special Conditions. D. C3-3.1 l INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Re vi sed 10/24/02 Pg. 1 E. C6 -6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS : Page C6-6 (8), is deleted in its entirety and replaced with the following : Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury. damage or death is caused. in whole or in part, by the negligence or alleged negligence o f Owner, its officers. servants, or emplo yees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in wh ole or in part by the negligence or alleged negligence of Owner, its officers. servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F . INCREASED OR DECREASED QUANTIT IES: Part C -General Conditions, Section C4 -4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract document s. No allo w ance will be made for any changes in lost or anticipated profits nor sha ll such changes be consider ed as w aiving or invalidating any conditions or provisions of the Contract Documents . Variations in quant ities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not t o the various depth categories. G. C3 -3.11 INSURANCE: Page C3 -3 (7): Add subparagraph "h. ADDITIONAL Re vise d 10/24/02 Pg . 2 - - - INSURANCE REQUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f Deductible limits , or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g . Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report , in a timely manner , to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L Contractor's liability shall not be limited to the specifie d amounts of insurance required herein . Re vised 10/24/02 Pg.3 H. I. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. C8-8.4 SCOPE OF PAYMENT: Delete CS-8.4, Scope of Payment at page CS-8(1) 1s deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph CS-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Revised 10/24/02 Pg.4 - J. K. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that · the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2 -2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated con.firrnation 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 C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: Revised 10/24/02 Pg. 5 In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C -General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that .the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further , that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. ( c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: Revised 10/24/02 1. 50 copies and under -IO cents per page Pg. 6 M. 2, More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part ofthis project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C -General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe . N. Reference Part C -General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen . 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. 0. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore . Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation ( other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. Revised 10/24/02 Pg. 7 P. WAGE RATES: Section C3-3.13 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 w ith Chapter 2258 , Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02) pertain to this inspection. ( c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. ( d) With each partial payment estimate or payroll period, whichever is less , an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Revis ed 10/24/02 Pg. 8 Special Conditions 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 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK ................................... 11 D-16 SAFETY RESTRICT IONS -WORK NEAR HIGH VOLTAGE LINES .............................. 11 D-17 BID QUANTITIES .......................................................................................................... 11 D-18 CUTTING OF CONCRETE ............................................................................................ 12 D-19 PROJECT DESIGNATION SIGN ................................................................................... 12 D-20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT ........................................ 12 D-21 MISCELLANEOUS PLACEMENT OF MATERIAL.. ........................................................ 12 D-22 CRUSHED LIMESTONE BACKFILL .............................................................................. 13 D-23 2:27 CONCRETE ........................................................................................................... 13 D-24 TRENCH EXCAVATION , BACKFILL , AND COMPACTION ........................................... 13 D-25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS .............. 14 D-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) .................. 15 D-27 SANITARY SEWER MANHOLES .................................................................................. 16 D-28 SANITARY SEWER SERVICES .................................................................................... 19 D-29 REMOVAL , SALVAGE , AND ABANDONMENT OF EXISTING FACILITIES .................. 20 D-30 DETECTABLE WARNING TAPES ................................................................................. 23 D-31 PIPE CLEANING ........................................................................................................... 23 D-32 DISPOSAL OF SPOIUFILL MATERIAL ......................................................................... 23 D-33 MECHANICS AND MATERIALMEN'S LIEN ................................................................... 23 D-34 SUBSTITUTIONS .......................................................................................................... 23 D-35 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER .............. 24 D-36 VACUUM TESTING OF SANITARY SEWER MANHOLES ............................................ 27 D-37 BYPASS PUMPING ....................................................................................................... 28 D-38 POST-CONSTRUCTION TELEVISION INSPECTION OF SAN ITARY SEWER ............ 28 D-39 SAMPLES AND QUALITY CONTROL TESTING ........................................................... 30 D-40 TEMPORARY EROSION, SEDIMENT, AND WATER PO LLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE ) ................................................................................. 3 1 D-41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRI V ES .......................... 32 D-42 PROTECTION OF TREES , PLANTS AND SOIL ........................................................... 32 D-43 SITE RESTORATION .................................................................................................... 32 D-44 CITY OF FORT WORTH STANDARD PRODU CT LIS T ................................................ 33 D-45 TOPSOIL , SODDING , SEEDING & HYDROM ULCHI NG ............................................... 33 D-46 CONFINED SPACE ENTRY PROGRAM ....................................................................... 38 D-4 7 SUBSTANTIAL COMP LETI ON INSPECTION /FIN A L IN SPE CTION .............................. 39 D-48 EXCAVATION NEAR TRE ES (WH ERE ID ENTIFIED ON THE PLANS) ........................ 39 D- 49 CONCRETE ENCASE MENT OF SE W ER PIPE ........................................................... .40 03/1 2109 SC-1 PART D - SPECIAL CONDITIONS 0-50 CLAY DAM ..................................................................................................................... 40 0-51 EXPLORATORY EXCAVATION (D-HOLE) ................................................................... 40 0-52 INSTALLATION OF WATER FACILITIES ..................................................................... .40 52.1 Polyvinyl Chloride (PVC) Water Pipe .......................................................................... .40 52 .2 Blocking ....................................................................................................................... 41 52.3 Type of Casing Pipe ..................................................................................................... 41 52.4 Tie-lns .......................................................................................................................... 41 52.5 Connection of Existing Mains ....................................................................................... 41 52 .6 Valve Cut-Ins ............................................................................................................... 42 52 . 7 Water Services ................................................................... : ........................................ 42 52 .8 2-lnch Temporary Service Line ................................................................................... .44 52.9 Purging and Sterilization of Water Lines ...................................................................... 45 52.10 Work Near Pressure Plane Boundaries ....................................................................... 45 52.11 Water Sample Station .................................................................................................. 46 52 .12 Ductile Iron and Gray Iron Fittings ................................................................................ 46 D-53 SPRINKLING FOR DUST CONTROL ........................................................................... .47 D-54 DEWATERING .............................................................................................................. 47 D-55 TRENCH EXCAVATION ON DEEP TRENCHES .......................................................... .47 D-56 TREE PRUNING ............................................................................................................ 47 D-57 TREE REMOVAL ........................................................................................................... 48 D-58 TEST HOLES ................................................................................................................ 48 0-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION ......................................................................................................................... 49 D-60 TRAFFIC BUTTONS ...................................................................................................... 49 D-61 SANITARY SEWER SERVICE CLEANOUTS ................................................................ 50 D-62 TEMPORARY PAVEMENT REPAIR .............................................................................. 50 D-63 CONSTRUCTION STAKES ........................................................................................... 50 D-64 EASEMENTS AND PERMITS ........................................................................................ 50 D-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING .................................................. 51 D-66 WAGERATES .............................................................................................................. 51 D-67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ...................................... 53 D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) ............................................................................................................................. 53 D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS ...................................................................................................... 55 D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ................................................... 56 D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION ....................................................... 56 D-7 2 AIR POLLUTION WATCH DAYS ....................................................................................... 57 D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ............................................ 57 03/12109 SC-2 PART D -SPECIAL CONDITIONS This Part D -Special Conditions is complimentary to Part C -General Conditions and Part C 1 - 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: PROJECT DESCRIPTION SANITARY SEWER MAIN REPLACEMENT M-253 FORT WORTH, TEXAS CITY PROJECT NO . 01099 SEWER PROJECTS NO. P 254-701139990100 Doe 4027 D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Contract Documents 3 . Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated above. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes. Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with latest revisions , are made a part of the General Contract Documents for this project. The Plans, these Special Contract Documents and the rules, regulations, requirements, instructions , drawings or details referred to by manufacturers name, or identification include therein as specifying, referring or implying product control, performance , quality, or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative ; therefore , work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance w ith procedures described in the current Fort Worth Water Department General Specifications , wh ich 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 SPEC IFICATIONS FOR STREET AND STORM DRA IN CONSTRUCTION - CITY OF FORT WORTH 03/1210 9 SC-3 PART D -SPECIAL CONDITIONS 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere. fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102 . B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time , and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time , no further consideration will be given to the proposal. 03/12109 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 e·ntities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries , and delivery of portable toilets . B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code, Section 401 .011 (44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period , file a new certificate of coverage with the governmental entity showing that coverage has been extended . E. The Contractor shall obtain from each person providing services on a project , and provide the governmental entity: 1. A certificate of coverage , prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project ; and 03/12109 SC-5 PART D -SPECIAL CONDITIONS 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery , within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project , to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code, Section 401 .011 (44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3 . Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project ; 4 . Obtain from each other person with whom it contracts, and provide to the Contractor: a .) A certificate of coverage, prior to the other person beginning work on the project ; and b.) A new certificate of coverage showing extension of coverage , prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5 . Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6 . Notify the governmental entity in writing by certified mail or personal delivery , within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project ; and 03/12109 SC-6 - - - - PART D -SPECIAL CONDITIONS 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of 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 fee t barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made watertight or be 03/12109 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 conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent, location , and depth ; they are shown on the plans as the best information available at the time of design , from the owners of the utilities involved and from evidences found on the ground. D-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent t hat certai n co nstruction vehicles could exceed the load bea ri ng capacity of the pipe under shallow bury cond itions . It will be the responsibility of the Contractor to protect both the new 03/1 2109 SC-8 - PART D -SPECIAL CONDITIONS line and the existing lines from these possibly excessive loads . The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site . Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense, to the satisfaction of the City . In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed. It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation . D-8 . TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work . As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31 . Unless otherwise included as part of the Construction documents, the Contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Professional Engineer (P.E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as 'Typicals" on the City's Buzzsaw website. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued the Contractor. The Contractor will not remove any regulatory sign, instructional sign , street name sign or other sign, which has been erected by the City . If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, 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 temp.orary 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 des ign and I or installation , and maintenance of the t raffic control plan . 03112109 SC-9 PART D -SPECIAL CONDITIONS 0-9 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. 0-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. 0-11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . 0-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. 0-13 WASTE MA TE RIAL - All waste material shall become the property of the Contractor and shall be disposed of by the - Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property . 0-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed . No more than seven days shall elapse after completion of construction before the roadway, right- 03/1 2109 SC-10 PART D -SPECIAL CONDITIONS of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth shall give final acceptance of the completed project work. D-15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a schedule outlining the anticipated time for each phase of construction with starting and completion dates, including sufficient time being allowed for cleanup. The Contractor shall not commence with water and/or sanitary sewer installation until such time that the survey cut-sheets have been received from the City inspector. 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-17 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities . There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4 .3 conflicts with this provision , this provision controls . No claim will be conside red for lost or a nticipated profits based upon differences in estimated q uanti ti es versus actual quantities. 03/12109 SC-11 PART D -SPECIAL CONDITIONS D-18 CUTTING OF CONCRETE When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. D-19 PROJECT DESIGNATION SIGN Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The Engineer shall approve the exact locations and methods of mounting. In addition to the 4' x 8' project signs, project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance with Figure 30, except that they shall be 1 '-0'' by 2'-0" in size. The information box shall have the following information: For Questions on this Project Call: (817) 392-8306 M-F 7:30 am to 4:30 p.m. or (817) 392-8300 Nights and Weekends Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed . D-20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504 . At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction , Item 502. Payment for cutting , backfill , concrete, forming materials and all other associated appurtenances - - - required , shall be included in the square yard price of the bid item for concrete sidewalk or - driveway repair. D-21 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions . Payment for miscellaneous placement of material will be made for only that amount of material used , measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents rega rdless of the actual amount use d fo r the proj ect. 03/1210 9 SC-12 PART D -SPECIAL CONDITIONS D-22 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208 .2 -Materials and Division 2 Item 208.3 -Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill, Construction Specifications, General Contract Documents. Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of Backfill Materials, Construction Specifications, and General Contract Documents. D-23 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair . Since this call-out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D-24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R. 0. W . shall be in accordance with Sections E 1-2 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, at the direction of the Engineer, Type "B" backfill material shall be used. In general , all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces , lumps of clay, soil , loam or vegetable matter and shall meet the following gradation: 03/12109 SC-13 PART D -SPECIAL CONDITIONS • Less than 10% passing the #200 sieve • P.I. = 10 or less Additionally, the crushed limestone embedment gradation specified in Section E 1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size % Retained 1" 0-10 1/2" 40-75 3/8" 55-90 #4 90-100 #8 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 (AS.TM. 0698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The City, at its own expense, will perform trench compaction tests per A.S .T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested . No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City . 4. MEASUREMENT AND PAYMENT: All material, with the exception of Type "B" backfill , and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. Type "B" backfill shall be paid for at a pre-bid unit price of $15.00 per cubic yard. D-25 TRENCH PAVEMENT {PERMANENT) REPAIR {E2-19) FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition , thickness, etc., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 2000-1 through 2000-3 . The results of the street cores that were conducted on the project streets , to determine HMAC depths on exist ing streets , are provided in these specifications and contract documents . 03112109 SC-14 - - - - - PART D -SPECIAL CONDITIONS All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width . Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Construction Services Section by the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No . 792 to make utility cuts in the street. The Construction Services section will inspect the paving repair after construction. This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Construction Services section. 0-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas . The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. B. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Sub-Part P -Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. C . DEFINITIONS : 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width , where the width measured at the bottom is not greater than fifteen (15) feet. 2 . BENCHING SYSTEM -Benching means excavating the sides of a trench to form one or a series of horizontal level or steps , usually with vertical or near-vertical surfaces between levels. 03/12109 SC-15 PART D -SPECIAL CONDITIONS 3. SLOPING SYSTEM -Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4. SHIELD SYSTEM -Shields used in trenches are generally referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either pre-manufactured or job-built in accordance with OSHA standards . 5. SHORING SYSTEM -Shoring means a 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-27 SANITARY SEWER MANHOLES A. GENERAL: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will . be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2 -14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. For new sewer line installations, the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines. The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction. 1. CONCRETE COLLARS : Concrete collars will be required on all manholes specified as per Figure 121. 2. WATERTIGHT MANHOLE INSERTS: Watertight gasket manhole inserts shall be installed in all sanitary sewer manholes. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E 100-4 and shall be fitted and installed according to the manufacturer's recommendations. Stainless Steel manhole inserts shall be required for all pipe diameters 18" and greater. 3. LIFT HOLES: All lift holes shall be plugged with a pre-cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4 . FINAL RIM ELEVATIONS : Manhole rims in parkways , lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground . Backfill shall provide a uniform slope from the top of manhole casting 03/12109 SC-16 PART D -SPECIAL CONDITIONS for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade . 5 . MANHOLE COVERS: This Project ( M-253 Part 1) requires special manholes covers as provided in the plans. (Note: Standard City of Fort Worth manhole lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1 /8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans . Certain teed Ductile Iron Manhole Lids and Frames are acceptable for use where locking lids are specified.) 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow cone manholes shall be built in accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED . 7. MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole. 8. EXTERIOR SURFACE COATING: Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness . 9. MANHOLE JOINT SEALING : All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed 0-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent-Seal, Ram-Nek, E-Z Stick , or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength . The Joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. B. EXECUTION: 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above-specified materials . All surfaces to be in contact with the joint sealant shall be tho roughly cleaned of d irt , sand , mud , or othe r foreign matter. The manufacturer shall apply a primer to all surfaces prio r to install ing the jo int sealant in 03/12109 SC-17 PART D -SPECIAL CONDITIONS accordance with the recommendations. The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench . After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. 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 extertor surface of all pre-cast section joints shall be thoroughly cleaned with a w ire brush and then wate rp roofed with a 1 /2-inch thick coat of trowelable bitumastic joint sealant 03/1 2109 SC-18 PART D -SPECIAL CONDITIONS from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling . C. MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including , but not limited to, joint sealing, lift hole sealing and exterior surface coating . Payment shall not include pavement replacement , which if required, shall be paid separately. The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole , including, but not limited to , excavation, backfill, disposal of materials, joint sealing , lift hole sealing and exterior surface coating. Payment shall not include 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. 0-28 SANITARY SEWER SERVICES Any reconnection, relocation , re-routes , replacement , or new sanitary sewer service shall be required as shown on the plans , and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor ut ilizing 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 requ ired for reconnection and furnish a new tap . The fittings used for vertical adjustment shall cons ist 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 serv ices on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures li sted be low 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 wh ich is in cluded in the pr ice bid fo r San itary Sewer Taps . Payment f or work such as backfill , saddles , tees , fittings in cidental fo ur (4) feet of service line and all other associated appurtenances requ ired shall be included in the price bid for Sanitary Sewer Taps . E. SEWER SERVICE REP LAC EMENT: A ll building se we r se rv ices enco unt ered d uring cons tr uct ion sha ll be ad j us ted and/o r rep lace d by the Co ntracto r as dire ct ed by th e Eng in eer as required for the conn ect io n of th e sewe r se rv ice lin e . If the se wer se rvi ce lin e is in such 03/12109 SC -19 PART D -SPECIAL CONDITIONS condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing, whether on public or private property, the City shall provide line and grade for the sewer service lines as shown on the project plans. Prior to installing the applicable sewer main or lateral and the necessary service lines, the Contractor shall verify (by de-holing at the building clean-out) the elevations (shown on the plans) at the building clean-out and compare the data with the elevation at the proposed connection point on the sewer main, in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied. Elevations shall also be verified at all bend locations on the service re-route. All applicable sewer mains, laterals and affected service lines that are installed without pre-construction de-holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de-holing is conducted. All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied. If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans, the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied . Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for which no grade verification has been submitted. All re-routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense. The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings. The fitting shall be a urethane or neoprene coupling A.S.T.M. C-425 with series 300 stainless steel compression straps. The Contractor shall remove the existing clean-out and plug the abandoned sewer service line. The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property. Furthermore, the contractor shall utilize the services of a licensed plumber for all service line work on private property. Permit(s) must be obtained from the City of Fort Worth Development Department for all service line work on private property and all work related to the service line must be approved by a City of Fort Worth Plumbing Inspector. A copy of the plumbing permit shall be provided to the Engineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be provided to the Engineer upon completion of the sanitary sewer re-route. Payment for work and materials such as backfill , removal of existing clean-outs, plugging the abandoned sewer service line, double checking the grade of the installed service line, pipe fittings , surface restoration on private property (to match existing}, and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear - - - foot price bid for sanitary sewer serv ice line replacement on private property or public right of - way. Payment for all work and material involving the "tap " shall be included in the price bid for sanitary sewer service taps. D-29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES 03/12109 SC -20 PART D -SPECIAL CONDITIONS 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. 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 sha ll have all pipes entering or exiting the structure plugged as per DA 133 Cut and Plug. Also refer to DA 126 03/12109 SC-21 PART D -SPECIAL CONDITIONS Abandonment of Existing Pipelines and Manholes . 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 Exist ing Sewer Manhole . H. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected . The complete manhole, including top or cone section, all full barrel diameter section, and base section shall be removed . The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill, as approved by the Engineer. Surface restoration shall be compatible with surrounding surface . I. CUTTING AND PLUGGING EXISTING MAINS : At various locat ions 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 per DA 133 Cut and Plug . All costs incurred will be per this item. 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 , abandon ing 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 LIN~S : 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 determ inat ion that all existing service connections have been relocated to the new main . Once this determination has been made , t he existing main will be abando ned as indicated above in Item I. 03/12109 SC-22 - - PART D -SPECIAL CONDITIONS D-30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water and sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall not be less than two inches with a minimum unit weight of 2~ pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows: Type of Utility Color Code Water Safety Blue Sewer Safety Green Legends Caution! Buried Water Line Below Caution! Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and 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-31 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. D-32 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-33 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of mechanics and material men 's liens upon receipt of payment. D-34 SUBSTITUTIONS 03/12109 SC-23 PART D -SPECIAL CONDITIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified . Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute . Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "substitutions " shall be applicable to all sections of these specifications . D-35 PRE-CONSTRUCT ION 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 rehab ilitated (p ipe enlargement, cured-in-place pipe, fold and form pipe, slip-line, etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of furnishing all labor, material , and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation . The equipment shall also have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream . The equipment shall carry its own water tank , auxiliary engines , pumps , and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer". The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease . If sewer cleaning balls or other equipment, which cannot be collapsed , is used , special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible . 2 . CLEANING PROCEDURES: The designated sewer manholes shall be c leaned us ing high- velocity jet equ ipment. 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 e ntire section cannot be successfully performed from one manho le , the equipmen t shall be se t up on the ot he r ma nho le and cleani ng aga in attempted . If, aga in, successful cl ean in g cannot be perfo rm ed or eq ui pme nt fail s to t raverse th e e nt ire man ho le sect ion , it w ill be ass um ed that a m ajor bloc kage exists , a nd the cl ean ing effort shall be abandone d . 03/12109 SC -24 - - - - - - PART D -SPECIAL CONDITIONS When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System, the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup, 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. 8. 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. 03/12109 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 SC-25 PART D -SPECIAL CONDITIONS of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection. In addition, other points of significance such as locations of unusual conditions, roots, storm sewer connections, broken pipe, presence of scale and corrosion, and other discernible features will be recorded, and a copy of such records will be supplied to the City . 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. The Engineer will return tapes to the Contractor upon completion of review . Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re-televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer , no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera . THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS . Upon completion of review of the tapes by the Engineer, the Contractor w ill 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 Telev ision Inspection of sa nitary sewers shall be per linear foot of sewe r actually televised. The Contractor shall provide the Engineer with tapes of a qua lity that the particular piece of sewer can be readily 03/1210 9 SC-26 - - - - PART D -SPECIAL CONDITIONS evaluated as to existing sewer cond itions 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 maintain ing any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. 0-36 VACUUM TESTING OF SANITARY SEWER MANHOLES D. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. B. EXECUTION : 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting with all connections in place. Lift holes shall be plugged , and all drop-connections and gas sealing connections shall be installed prior to testing . 03/12109 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 t he manufacturer's · recommendations. A vacuum of ten inches of mercury (1 O"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed , the leve l of vacuum shall be read after the required test time. The required test t ime 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-l nch Dia . 60-lnch Dia. (FT.) Manhole Manhole Oto 16 ' 40 sec. 52 sec. 18' 45 sec. 59 se c. 20 ' 50 sec. 65 sec . SC-27 PART D -SPECIAL CONDITIONS 22' 55 sec. 72 sec. 24' 59 sec. 78 sec . 26 ' 64 sec. 85 sec. 28' 69 sec. 91 sec. 30' 74 sec. 98 sec. For Each 5 sec. 6 sec . Additional 2' 1. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time. Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test, the manhole shall be restored to its normal condition, all temporary plugs shall be removed, all braces, equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material, labor, equipment, and all incidentals, including all bypass pumping, required to complete the test as specified herein. 0-37 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by 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. 0-38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub-Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. - 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 03/12109 SC-28 PART D -SPECIAL CONDITIONS satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. C. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate , stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection . Sanitary sewer mains must be laced with enough water to fill all low pints. The television inspection must be done immediately following the lacing of the main with no water flow. If sewer is active, flow must be restricted to provide a clear image of sewer being inspected. 2. DOCUMENTATION : Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans . A copy of these television logs will be supplied to the City. 3. PHOTOGRAPHS: Instant developing , 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 4 . VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback sha ll be at the same speed that it was reco rded . T he te lev ision tapes shall be furnished to the City for review immediately upon complet ion of the television inspection 03/12109 SC-29 PART D -SPECIAL CONDITIONS and may be retained a maximum of 30 calendar days . Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re- televise and provide a good tape of the line at no additional cost to the City . If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. D. PAYMENT OF POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for post-construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be included in the appropriate bid item -Post-Construction Television Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area res idents . All bypass pumping shall be incidental to the project. D-39 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish, at its own expense , certifications by a private laboratory for all materials proposed to be used on the project , including a mix design for any asphaltic and/or Portland cement concrete to be used , and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall prov ide 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 wh ich are to be used later in the concrete . The Contractor shall prov ide a certified copy of the test results to the C ity . C . Qual ity control testing of in-p lace material on this project will be performed by the city at its own expense. Any retesting requ ired as a result of failure of the material to meet project specifications will be at the expense of t he contractor and will be billed at commercial rates as determ ined by the C ity. The fa ilure of t he City to make any tests of materials shall in no way relieve the co nt ractor of its respons ibility t o furnish materials and equ ipment conform ing to the requiremen t s of the contract. D. Not less than 24 hours no t ice shall be p rovided to the City by the Co ntractor for operati ons requiri ng testing. The Con tract or shall provide access and trench safety system (i f req uired ) fo r th e si te t o be teste d , a nd a ny work effort in volved is dee med to be in cl ud ed in th e unit price for th e ite m be ing te sted . 03/12109 SC-30 - - - PART D -SPECIAL CONDITIONS E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 0-40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to 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. 03112/09 SC-31 PART D -SPECIAL CONDITIONS 6. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumen, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work . D-41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays. The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D-42 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than 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-43 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus minus one-tenth (0.1) of a foot. 03/12109 SC-32 - PART D -SPECIAL CONDITIONS D-44 CITY OF FORT WORTH STANDARD PRODUCT LIST Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List, for the bid to be considered responsive. Products and processes listed in the "City of Fort Worth Standard Product List shall be considered to meet City of Fort Worth minimum technical requirements. D-45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community 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 , th ickly 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 of excavat ing , haul ing , and planting . Sod mate rial shall be kept mo ist from the time it is dug until planted . When so directed by the Engineer, the sod ex isting at the source shall be 03/12109 SC -33 PART D -SPECIAL CONDITIONS watered to the extent required prior to excavat ing. Sod material shall be planted within three days after it is excavated . CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades , and cross-sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described. Sodding shall be either "spot" or "block"; either Bermuda, Buffalo or St. Augustine grass . a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded . In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade. Holes of equivalent depth and spacing may be used instead of furrows . The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces. b. Block Sodding . At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas . The sod shall be so placed that the entire designated area shall be covered , and any voids left in the block sodding shall be filled with additional sod and tamped . The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass . Surfaces of block sod , which , in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil, shall, upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth , sufficiently close to hold the block sod firmly in place. When necessary , the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun. Any excess dirt from planting operations shall be spread uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance . The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Engineer unt il complet ion and final acceptance of the project by the City of Fort Worth . 3. SEEDING DESCRIPTION : "Seed ing" will consist of preparing g round , providing and planting seed or a mixture of seed of t he ki nd specified along and across such areas as may be designated on the Drawings and in accordance w ith these Specificat ions . MATERIALS : 03/1210 9 SC -3 4 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) Dates Feb 1 to May 1 Mixture for Clay or Tight Soils (Eastern Sections) Bermudagrass 40 Buffalograss 60 (Western Sections) Buffalograss 80 Bermudagrass 20 Total: 100 Total: 100 Table, 120.2.(2)b Mixture for Sandy Soils (All Sections) Bermudagrass 60 Buffalograss 40 Total: 100 TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed {PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total: 100 CONSTRUCTION METHODS: After the designated areas have been completed to the lines , grades, and cross-sections shown on the Drawings and as provided for in other items of this Contract , seeding of the type specified shall be performed in accordance with the requirements hereinafter described . a. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed. 03/12109 SC-35 PART D -SPECIAL CONDITIONS b. Finishing . Where applicable, the shoulde rs, 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 appl ication 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 direct ions at right angles to each other. Seed and fertilizer may be distributed at the same time , provided t he specified uniform rate of appl ication fo r 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 comp leted and the asphalt is applied , the planted area shall be watered suffic iently to assure uniform moisture from the surface to a minimum of six (6) inches in depth . The application of aspha lt shall fo ll ow t he last watering as rapid ly as possible. Asphalt shall be of the type and grade as shown o n the Drawings and shall conform to the requ irements of the it em 300 , "Asphalts , Oils and Em ulsions ". If t he type of asphalt to be used is not shown on the Drawings , o r if Drawings are no t incl uded , the n MS-2 sha ll be used . App lications of the asphalt sha ll be at a rate of three-tenths (0.3) ga ll ons per sq uare yard . It shall be appl ied to th e area in such a m a nn er so th at a com plete film is obtain ed and th e fini s hed surface s hall be co mparatively smoot h. 03/1 2109 SC-3 6 - - - PART D -SPECIAL CONDITIONS RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES : Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120.2(2)a. The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration. * Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4 . HYDROMULCH SEEDING: If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION : "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications . MATERIALS : All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis . The fertilizer is subject to testing by the City of Fort Worth in accordance wi th 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 approv al of the Eng ineer. Unless otherwise indicated on the Drawings , fert ilizer shall be applied uniform ly 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: Topso il secured from bo r row so u rces w ill be measured by th e square ya rd in p lace on t he project site . Measurement will be made onl y on topsoils secu red from borrow sources . Accepta b le mate ri a l fo r "See din g " will be measured by th e lin ea r foot , comp le te in pl ace . 03/12109 SC-37 PART D -SPECIAL CONDITIONS Acceptable material for "Sodding" will be measured by the linear foot, complete in place . Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding. PAYMENT: All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below), loading, hauling, placing and furnishing all labor, equipment, tools, supplies, and incidentals necessary to complete work . All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly . "Spot sodd ing" 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 tamp ing ; 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-46 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM " which must meet OSHA requirements for all its employees and subcontractors at all times during construction. All active sewer manholes, regardless of depth, are defined by OSHA, as "permit required confined spaces". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM " for all applicable manholes and maintain an active file for these manholes . The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces . 03/12109 SC -38 - PART D -SPECIAL CONDITIONS D-47 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing _ when the entire project or a designated portion of the project is substantially complete. 8. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items 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-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) 1. The Contractor shall be responsible for taking measures to minimize damage to tree limbs, tree trunks, and tree roots at each work site. All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 2. Any and all trees located within the equipment operating area at each work site shall, at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line or edge of the tree root system between tree and the construction area. 3. Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations . The Engineer shall be notified at least 24 hours prior to any tree trimming work. No trimming work will be permitted within private property without written permission of the Owner. 4. Nothing shall be stored over the tree root system within the drip line area of any tree. 5. Before excavation (off the roadway) within the drip line area of any tree, the earth shall be sawcut for a minimum depth of 2 feet. 6. At designated locations shown on the drawings, the "short tunnel" method using Class 51 D.I. pipe shall be utilized . 7. Except in areas where clearing is allowed, all trees up to 8" in diameter damaged during construction shall be removed and replaced with the same type and diameter tree at the contractor's expense. 8. Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural pract ices and procedures. 03/12109 SC-39 PART D -SPECIAL CONDITIONS 9. Short tunneling shall consist of power augering or hand excavation. The tunnel diameter shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted. D-49 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diameter ..., indicated. The Contract Unit .Price shall include all costs associated with installation and reinforcement of the concrete encasement. D-50 CLAY DAM Clay dam construction shall be performed in accordance with the Wastewater Clay Dam Construction, figure in the Drawings in these Specifications, at locations indicated on the Drawings or as directed by the City . Clay dams shall be keyed into undisturbed soil to make an impervious barrier to reduce groundwater percolation through the pipeline trench . Construction material shall consist of compacted bentonite clay or 2:27 concrete . Payment for work such as forming, placing and finishing shall be subsidiary to the price bid for pipe installation. D-51 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 w findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility , the contractor shall contact the engineer immediately for appropriate design modifications. The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D-Hole). Payment shall not be made for verification of existing utilities per item D-6. Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer , shall include full compensation for all materials , excavation , surface restoration , field surveys, and all incidentals necessary to complete the work , shall be the unit price bid. No payment shall be made for exploratory excavation(s) conducted after construction has begun. D-52 INSTALLATION OF WATER FACILITIES 03/12109 52.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents . Payment for work such as backfill , bedding , blocking , detectable tapes and all other associated appurtenant requ ired , sha ll be incl uded in the linear foot price bid of the appropriate BID ITEM(S ). SC-40 03/12109 PART D -SPECIAL CONDITIONS 52.2 Blocking Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents. All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. 52.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and 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 E 1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout , backfill, and incidental work shall be included in the unit price bid per foot. 52.4 Tie-Ins The Contractor shall be responsible for making tie-ins to the existing water mains. It shall be the responsibility of the Contractor to verify the exact location and elevation of the existing line tie-ins. And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction . The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe. 52.5 Connection of Existing Mains The Contractor shall determine the exact location, elevation , configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration , and or angu lation 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 SC-41 03112109 PART D -SPECIAL CONDITIONS Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify the City Project Manager, Construction Services, Phone 817-392-8306, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph CS-5.15 INTERRUPTION OF SERVICE, Page CS-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS . The Contractor shall notify the customer both personally and in writing as to the location, time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 52.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service. Payment for work such as backfill, bedding, fittings, blocking and all other associated appurtenants required, shall be included in the price of the appropriate bid items . 52. 7 Water Services The relocation, replacement, or reconnection of water services will be required as shown on the plans , and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops , type K copper water tubing , curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (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 wh ich are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be requ ired as spec ifi ed in Sect ion CS-5 .1 5 INTERRUPTION OF SERVICE . 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. 03/12109 When relocation of service meter and meter box is required, payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. SC-43 PART D -SPECIAL CONDITIONS 4. NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box. Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section E1-18A-Reinforced Plastic Water Meter Boxes. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 1. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the contractor shall furnish approved factory manufactured branches . Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 2. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 52.8 2-lnch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. 03/12109 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 Eng ineer. · SC-44 - PART D -SPECIAL CONDITIONS The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location. Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines . Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible. At the pre-construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used. The inspector will deliver the hydrant meters to the locations. After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs. The issued meter is for this specific project and location only. Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. 03/12109 52.9 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will provide all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project, including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine . Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples , taken 24 hours apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe . 52.1 O Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary . Care shall be taken to ensure all "pressure plane " valves installed are ins t alled closed and no cross connections are made between pressure planes SC-45 03/12109 PART D -SPECIAL CONDITIONS 52.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge ; however, the Contractor will be required to pick up this item at the Field Operations Warehouse . PAYMENT FOR FIGURE 34 INSTALLATIONS : Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of t he sampl ing 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 materia ls necessary for the installation of the sampling station , modification to the vault , fittings , and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . 52 .12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe , fittings , and Specials , Sub section E2-7 .11 Cast Iron Fittings : E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS : All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E 1-7. The price bid per ton of fittings shall be payment in full for all fittings , joint accessories, polyethylene wrapping, horizontal conc rete blocking , vertical tie-down concrete blocking , and concrete cradle necessary for const ruct ion as designed . A ll ducti le-iron and gray-iron fittings , valves and specials shall be wrapped with polyethylene wrapping conforming t o Materia l Specification E 1-13 and Construction Specification E2-13 . Wrapp ing shall precede horizontal concrete blo c king , vert ical tie-down conc rete block ing , and conc rete cradle . Pay ment fo r the polyethylene wrapp ing , horizonta l concre te block ing , vertica l tie-down concrete block ing , and concrete cradle shall be included in bid items for v ales and fi ttings and no other payments will be allowed . SC-46 - - - - - PART D -SPECIAL CONDITIONS D-53 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this contract. D-54 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations . The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers . Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price. D-55 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction. Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation. No extra payment shall be allowed for this special condition. D-56 TREE PRUNING A. REFERENCES : National Arborist Association's "Pruning Standards for Shade Trees ". B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE 3. Steel "T" = Bar stakes, 6 feet long . 4. Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. 6. Combination Fence : Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings . D. ROOT PRUNING 03/12109 7 . Survey and stake location of root pruning trenches as shown on drawings. 8. Using the approved spec ified equipment, make a cut a mi nim u m of 36 inc hes deep in order to minimize damage to the und isturbed root zone. 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 . - 12. Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection . E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price. 0-57 TREE REMOVAL Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping . Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement, fences, walls, 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 . 0-58 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders , and any bidder on this project shall submit his bid under this condition . Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determination by the use of test holes or other means, shall be left to the discretion of such prospective bidders. If test borings have been made and are provided for bidder's information, at the locations shown on the logs of borings in the appendix of this specification, it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same, either in character, location, or elevation, as shown on the boring logs. It shall be the responsibility of the bidder to make such subsurface investigations , as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of 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. 03/12109 SC-48 - - PART D -SPECIAL CONDITIONS D-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project, the contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, 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-60 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibi lity of the contractor and shall be considered a subsid iary item. In the event that the contractor prefers for the Signals , Signs and Markings Divis ion (SSMD) of the Transportation/Publ ic 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 reimbu rsement. 03/12109 SC-49 PART D -SPECIAL CONDITIONS D-61 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets, sidewalks, etc. whenever possible . When it is not possible, the cleanout stack and cap shall be cast iron . Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts. D-62 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 rideabifity 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-63 CONSTRUCTION STAKES The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional practice, establishing line and grades for roadway and utility construction, and centerlines and benchmarks for bridgework. 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-64 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction, right-of-entry agreements, and/or permits to perform work on private property . The City has attempted to obtain the temporary const ruction and/or right-of-entry agreements for properties where construct ion act ivity is necessary on City owned facilities , such as sewer lines or 03/1 2109 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 obta ined, 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 Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment w ill 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, understand ing and comply ing with all provisions of such permits, including obtaining the req uisite insurance , and shall pay any and all costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way. For railroad permits, any and all railroad insurance costs and any other incidental costs necessary to meet the conditions associated with permit(s) compliance, including payment for flagmen , shall be included in the lump sum pay bid item for "Associated Costs for Construction within Railroad / Agency Right-of-way". No additional compensation shall be allowed on this pay item. D-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the projected 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-66 WAGE RA TES Compliance with and Enfo rcement of Prevaili ng Wage Laws Duty to pay Preva iling Wage Rates . The contractor shall comply w ith all requirements of Chapter 2258 , Texas Government Code (C hapter 2258 ), in clud ing t he pay me nt of not less than t he ra tes dete rm ined by th e City Cou nc il of the City of Fort Wo rt h t o be the prevailing wage ra t es in acco rd ance w it h Chapter 2258 . Such prevai ling wage rates are included in these contract documents . Penalty fo r V io lation . A cont ractor or any subcontractor who does not pa y the prevailin g w age shall , upo n de mand made by t he City , pay to th e Ci ty $60 for each worke r e mpl oyed for each cal en dar day or part of th e d ay that t he wo rker is paid less t han t he preva il ing wage rate s stipul ated in these contract documents . 03/1210 9 SC-51 PART D -SPECIAL CONDITIONS This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker . The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate or payroll period , whichever is less , the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code . Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . (Wage rates are attached at the end of this section.) (Attached) 03/1 2109 SC-52 - - - - PART D -SPECIAL CONDITIONS D-67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP . Nothing in this specification shall be construed to void any provision of a contract or other law, ordinance, regulation or policy whose requirements are more stringent. B. ACP is defined under NESHAP as a Category II, non-friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently, if the 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-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land {Large Construct ion Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the 03/12109 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 t he Texas Comm ission on En vi ronmenta l Qua lit y. 03/12109 SC-54 PART D -SPECIAL CONDITIONS LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOi) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES : Submission of a NOi form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain , inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. The Contractor may obtain a hydrant water meter from the Water Department for use during the life of 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 . 03/12109 SC-55 PART D -SPECIAL CONDITIONS D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be · notified in writing of a recommendation to the City Council. D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintai.n the contract schedule , the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order}, the following proactive measures will be taken: 1. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion , be required to be provided to interested individuals will distributed by the Water Department's Public Information Officer. 4. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified . The Water Department's Public Information Officer will, if necessary , then forward updated notices to the interested individuals. 5 . If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract , the bonding company will be notified appropriately . 03112109 SC-56 - PART D -SPECIAL CONDITIONS D-72 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31 , with 6 :00 a.m. -10 :00 a.m . being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3 :00 p.m. on the afternoon prior to the WATCH day . On designated Air Pollution Watch Days , the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10 :00 a.m . whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10 :00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting ", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG . If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7 :00 a.m. - 6 :00 p.m ., on a designated Air Pollution Watch Day , that day will be considered as a weather day and added onto the allowable weather days of a given month. D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS A fee for street use permits is in effect. In addition , a separate fee for re-inspections for parkway construction , such as driveways , sidewa lks , etc ., will be required. The fees are as follows : 1. The street permit fee is $50.00 per permit with payment due at the time of permit application . 2. A re-inspection fee of $25 .00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City perform ing re-inspection. Payment by the contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensat ion shall be made . END O F P ART D -S P ECIAL CON DITI ONS 03/12109 SC-57 PART D -SPECIAL CONDITIONS (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON WATER AND / OR SEWER LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DA TE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FL YER HANDY WHEN YOU CALL 03/12109 S C-58 - - 03/1210 9 PART D -SPECIAL CONDITIONS FORT WORTH '-,,,.,.... .-' Date: ____ _ DOENO.XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON--------- BETWEEN THE HOURS OF _______ AND _____ _ IF YOU HA VE 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 ------------ SC-59 03/12109 F 0 r 0 ff I C e u s B n I y D T A H p A 0 N E s H A p n T D H D L PART D -SPECIAL CONDITIONS ~ DEMOLITION I RENOVATION ~ NOTIFICATION FORM T T) H NOTIFICATION# ________ _ TEXAS DEPARTMENT OF HEALTH NOT!:: CIRCLE ITEMS THAT ARE AME.NDED t) Abatement Ci;mtrector: ___________________ TDH License Number:._=----- Address : City: Stale: Zip : ___ _ Office Phone Number: ~._ ________ Job Site Phone Numbe1: _____________ _ Sile Supervisor: TDH Licen"$£1 Number:-------------- Site SupcMsor: TOH License Number:. _____________ _ Trained On-Site NESHAP lndividual: ______________ Certification D~te: _______ _ Demoliti on contractor: _____________ omce Phone Numbar,..._._ _________ _ .Adc!Iess; Ci ty: Ste1e : ____ .Zip: ___ _ 2) Project Consultant or 0pera1or:,_ _______________ TDH License Number:. _____ _ Mailing Add ress: ____________________________________ _ City: State: ___ ~Zip:. ____ Office Phone Number:...__.__ _____ _ 3) Faclli~·O·,•mer:. ________________________________ _ Attention: ____________________________________ _ Ma rn ng Add res.s ; ___________________ -=-----=-~---,---------- Clty: State : Zip: Owner Phone Number(._.) ______ _ ··Noto: Tho lnvolco for thu notification fee wm be sent to the owner of th 0: bulldJna and the bflllng ad'drcs.s tor the Invoice will ti. abtalnect from tho lnrOfm:iCfon •h:it Is p10vided In this section . 4} Description or Facility Name=---------,----------,,.,....--------,------Physical Adcfress: _ ___,-,-_________ Count~ City: ______ ..... Zip; ___ _ Facll ily Phooe Number Facility Contact Person: ___ ~----------Oescrip ion of Area/Room Number.. ___________________________ _ Prior U8e; ______________ ---'Fulure Use:. _________________ _ Age o f 6uildirlg/Facili1y: Size: Number of Fl oors :. _____ School (K · 12): c Y ES o NO 5) Type of Work.; n Demolition o Renovation (Abatement) AnnuaJ Consolidated Work wiU be during: U .Day o Evening D Night :-: Phased Project Oescription of work schedul e: _____________________________ _ 6} Is this a Public Building? rJ YES NESHAP-Only Faelllty'? D YES D NO Federal Facility? !J YES : NO lndus1riaJ Sit&? D YES n NO D NO IS Building/Facility Occupied? :J YES c I NO 7) No1iflcatiCK'l Type CHECK ONL V ONE V o Original (10 Working Days) : CancelJation c Ame!ldment o EmergencyfOrdcrcd I 0 I a ti 0 n ? rr lh.is is ar1 amendment. which amendrnen1 number is trns _ (Enclose eopy of orlglnal and/or last amendment) If an emergency, who did you talk witn at TOH? E;mergency#: ______ _ Date and Hour or Emar~ncy {HH/Mt,tt'DDNY}:. ___ -,--...,.....-- D8SCriplio n of Ule sudden, unexpected even1 and explanation or how the event caused unsafe conditions or Wou~ cause equi_pment damage (computets, machi nery , etc. _______________________ _ O 8) ~scrip1ion of procedures to be followed in 1he evel'lt that unexpected asbestos i:s found or prmausly non-fri.mle Y asbestos ma1erial becomes aumbled, pulOJB1ized. or reduced lo powder;---------------- E s 9) Was an Asbes to.s; survey performed? J YES NO oa e: I I TDH Inspector License No: _____ _ G Analylical Me1hod ; D PLM D TEM D Assumed TOH Labora tory license No: -.----- N (For TAHPA (public bu ilding) projecis: an assumption musl be made by a TO H Licet1sed Inspector) t O) Descripfon of planned cremO/i ·on or renovation work. t),pe of material, and method(s) to be used._: ------- 11) Dascrip1ion or work practices and engineering controls to be used to proveot emissions of asbestos at the demoliticn/renova!ion ; _______________________________ _ SC-60 03/12109 PART D -SPECIAL CONDITIONS 12) ALL applicable itetns in tha rol lowing table must be completed: IF NO ASBESTOS PRESENT CHECK HERE: Approximate •moul'lt of Check unit of measurement Asbestos-Containing Building Material 1----.....,As..,b.,.es ___ to_s ____ -+-----...-......,.--........ ---,.--1 Type Pipes Surface Area RACM to be removed RACM NOT removed Interior Cate I non-rriable removed Exterior Cate o I non-friable removed Ca I non-friable NOT removed Interior cat o II non-friable remo,·ed Exleri:Or Cate. II non-friable removed Cat II noo-frl?!)le NOT rcmo,·oo RACM Off-Facility Component 13) Waste Transporter Name: ________________ lOH License Number.------ Addross: ___________ City: ______ ......, __ Sta1e: _Zip: ___ _ Contact Person: Phone Number: ..___._ ________ _ 14) waste Disposal Site Name:·---------,:-----------~:c-------=-----Address:_-,--____________ C ity : ---------Stele: ___ Zip: ___ _ Telephone: TNRCC Permit Number.-------- 15) For structurally unsound facllltles, attaeh a copy af demolition order and identify GQvemmen.tal Official below: Name: Registration No: · Title:--,---~-,-, ...... ---------Da1e of order {MM/00/YY) / / Date order to begin (MMIOO/YY) ---=----'-- 16) Schedi.i led Oates of Asbestos Abatement (MM/DDIYY} Start __ '""F'-----'F'---Compl ete: -'""''-----'''- 17) Scheduled Dates DemolitionJReno\•&tion (MM.00/YY) Start: / / Complete: __ '""/ __ /'----- -Note: If lhe st.alt date on lhls notification C:.!11.\ 11.0t bo mvl, "1111 TDH Regional OT Loc:al ProlJram office Must be contacted by phone prior to the &tart data. Failure lo do so 5s a vlol'atlon l.n ~ecor~ncc to TAHPA. Sctetlon 295 .81. I here.b~· cer1ify lheit all information I tJ.a\te pro\tlded is cOl'rect, complete. and 1rue 1o tile best or my knowledge. I acknowl edge that I am respons 'ble for all aspects or the notification form, includ i ng, but flOt limiting . conteot and submiss ion dates. Th8 maximum penalty is $10 ,000 per d ~y per VKt latioo . (Signalure of B u ilcfin9 On•ner/ Operator or Oelegatea Consuuant/Contracto1) MAIL TO: 'F1txos •~ not accopted" (Printed Nam 8) (Dale} ASBESTOS NOTIFICATION SECTION TOXIC SUBSTANCES CONTROL DIVIS ION TEXAS DEPARTMENT OF HEAL TH PO BOX 143538 AUST IN, TX 78714-3.538 P H: 512-834-6600. 1-800-572-6548 (Telephone) {Fax Number) ·FaKes arc not accepted" F-cirm APB#.5, dllfecl 07/29/02. Replaces TDH form dated 07/13/01. F-cir assistance in compleling form, call 1-SQ0-572-5548 SC-61 PART D -SPECIAL CONDITIONS 03/12109 SC-62 -PART D -SPECIAL CONDITIONS City of Fort Worth Highway (Heavy) Construction ... Prevailing Wage Rates For 2008 Classifications Air Tool Operator Asohall Raker Asphalt Shove!er Asphali Distribuior Operator A sohall P avi.na Ma chine Ooerator Batching Plant Weigher Broom or Sweeper Ope1ator Bulldozer Operator Caroenter !Rcuchl Con crete Fi.ni sheer-Paving Concrete Finisher -Structures Con crete Pavina Curbinca Mach. Ooer. C<increte Pavi ng Fir,ishing Mach. Oper. Concrete Paving Joint Sealer Oper. Concrete Pav.ina Saw Ooer. Con crete Paving Spreader Oper. C<inorete Rubber Cra.ne, Clamsl".ell , Backhoe, Derrick. Dr agfl ne , Sh ovel Electrician lflagger Form Builder-Structur es Form Setfer-Pa\ltng & C,urb s Foundation Drill Operator . Crawler Mou nted Fou ndation D rill Operator . T ruck Mounted Front End loader 'l aborer-Common L aborer-Utilily Mechanic Milling Machine Operator. Fine Grade Mixer Operat01 Mo:or Grader Opera:or (r-me Grade ) Mo1 or Grader Ooera1or. Rouah Oee1 Painter. Structures Pavem ent Marking ,Maclline Qper. Pioe Laver Roller, Steel 'Nheel Plan t-Mix Pavem en1s Roll er, Steel Whee l 01her Fl atwheel Tampini:i Rolier , Pneu matic . Seti -Prope!ll!'d Scraper Rei nforcir;g Steel S eller (Paving ) Reinforoinll Steel S etter (Structu r e > S<lurce is AGC o Tex as ( "''Y · Hvjl'. t ilities Industria l Branch) www.access googo~·l ::lav isbaconl 03/12109 Hourtv Rates Classifications $t0.0!l Scraper Opera:or $13.Q-J Service. $8.80 Slip Form Machine Operator $13.~ Spreader Box Operator $12.78 Tractor ooerator, Craw.et Type $14.15 Tractor operator. Pneumatic $8.88 Travelin g Mixer-Operator $13 .22 Truck Driver -Sin:gle Aide (Light) $12.00 Truck Dri,·e-1-Sinole Axle (Heaw) $12.SS Truck Dri11e-1-Tandem Axle Semi-Trailer $13.27 Truck Driver-LowboyJFl oat $12JXJ Truck Driver-Tran sit Mix Wagon Drill. Boring Machine. Post Hole $13.63 Dri ller $12.EO Welder $13.66 Work Zone Ba1ri-cade Sen-ie-=r $14.00 $10 .6 1 $14.12 $18.1 2 $8.43 $\1 .63 $\1 .83 $13.67 $16.30 $12.62 $9.18 $t0.tl5 $16.97 $11 .83 $1 1.M $15 .20 $14.50 . $13.17 $10.04 $11 .04 $112S $10.~ $11 .07 $14 .&6 $16.2'.B SC-63 Hrlv Rts $1 1.42 $12.32 $12.33 $10 .92 $12.50 $12.91 $12.03 $10 .9 1 $11.47 $11.76 $14 ... 3 $12.08 S 14.00 $13 .57 $10.09 Additional Special �onditions DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 DA-7 DA-8 DA-9 OMIT DA-10 DA-11 DA-12 OMIT DA-13 DA-17 DA-21 DA-22 DA-23 DA-24 DA-25 DA-27 DA-28 DA-29 DA-30 DA-31 DA-32 DA-33 DA-34 DA-35 DA-36 DA-37 OMIT DA-38 -OMIT DA-39 DA-40 DA-41 DA-42 DA-43 DA-44 DA-45 DA-46 DA-47 10/23/08 PART DA -ADDITIONAL SPECIAL CONDITIONS AW ARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS -OMIT 5 PIPELINE REHABILITATION CURED-IN-PLACE PIPE-OMIT ....................... 5 PIPE ENLARGEMENT SYSTEM -OMIT .................................................................. 5 FOLD AND FORM PIPE -OMIT ................................................................................. 5 SLIPLINING -OMIT ..................................................................................................... 5 PIPE INSTALLED BY OTHER THAN OPEN CUT .................................................. 5 TYPE OF CASING PIPE ................................................................................................ 8 SERVICE LINE POINT REPAIR/ CLEAN OUT REP AIR -OMIT ........................ 9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION - 9 MANHOLE REHABILITATION -OMIT ................................................................... 9 SURFACE PREPARATION FOR MANHOLE REHABILITATION -OMIT ........ 9 INTERIOR MANHOLE COATING -MICROSILICATE MORT AR SYSTEM - 9 INTERIOR MANHOLE COATING -QUADEX SYSTEM -OMIT ........................ 9 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM -OMIT ............... 9 VACUUM TESTING OF REHABILITATED MANHOLES -OMIT ...................... 9 FIBERGLASS MANHOLES -OMIT ........................................................................... 9 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES ........... 9 REPLACEMENT OF CONCRETE CURB AND GUTTER -OMIT ...................... 10 REPLACEMENT OF 6" CONCRETE DRIVEWAYS -OMIT ............................... 10 GRADED CRUSHED STONES ................................................................................... 11 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE -OMIT ..................................... 11 BUTT JOINTS -MILLED -OMIT ............................................................................ 11 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX)-OMIT ................................ 11 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER -OMIT ..................... 11 NEW 7" CONCRETE VALLEY GUTTER -OMIT ................................................. 11 NEW 4" STANDARD WHEELCHAIR RAMP-OMIT ........................................... 11 8" PAVEMENT PULVERIZATION -OMIT ............................................................ 11 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) -OMIT 11 RAISED PAVEMENT MARKERS -OMIT ............................................................... 11 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING- 11 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL 11 ROCK RIPRAP -GROUT-FILTER FABRIC ......................................................... 11 CONCRETE RIPRAP -OMIT .................................................................................... 15 CONCRETE CYLINDER PIPE AND FITTINGS -OMIT ...................................... 15 CONCRETE PIPE FITTINGS AND SPECIALS -OMIT ....................................... 15 UNCLASSIFIED STREET EXCAVATION -OMIT ................................................ 15 6" PERFORATED PIPE SUBDRAIN -OMIT ........................................................... 15 REPLACEMENT OF 4" CONCRETE SIDEWALKS -OMIT ............................... 15 RECOMMENDED SEQUENCE OF CONSTRUCTION -OMIT ........................... 15 PAVEMENT REP AIR IN PARKING AREA -OMIT .............................................. 15 ASC-1 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-48 EASEMENTS AND PERMITS .................................................................................... 15 DA-49 HIGHWAY REQUIREMENTS -OMIT .................................................................... 16 DA-50 CONCRETE ENCASEMENT ..................................................................................... 16 DA-51 CONNECTION TO EXISTING STRUCTURES ....................................................... 16 DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION -OMIT ........ 16 DA-53 OPEN FIRE LINE INSTALLATIONS-OMIT ......................................................... 16 DA-54 WATER SAMPLE STATION -OMIT ....................................................................... 16 DA-55 CURB ON CONCRETE PAVEMENT -OMIT ......................................................... 16 DA-56 SHOP DRAWINGS ....................................................................................................... 16 DA-57 COST BREAKDOWN -OMIT .................................................................................... 17 DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP -OMIT ................................................. 17 DA-60 ASPHALT DRIVEWAY REP AIR -OMIT ................................................................ 17 DA-61 TOP SOIL ....................................................................................................................... 17 DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT - OMIT 17 DA-63 BID QUANTITIES ........................................................................................................ 17 DA-64 WORK IN HIGHWAY RIGHT OF WAY -OMIT ................................................... 18 DA-65 CRUSHED LIMESTONE (FLEX-BASE) .................................................................. 18 DA-66 OPTION TO RENEW -OMIT .................................................................................... 18 DA-67 NON-EXCLUSIVE CONTRACT-OMIT .................................................................. 18 DA-68 CONCRETE VALLEY GUTTER -OMIT ................................................................. 18 DA-69 TRAFFIC BUTTONS -OMIT ..................................................................................... 18 DA-70 PAVEMENT STRIPING-OMIT ................................................................................ 18 DA-71 H.M.A.C. TESTING PROCEDURES ......................................................................... 18 DA-72 SPECIFICATION REFERENCES .............................................................................. 19 DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX-OMIT ........................................................... 19 DA-74 RESILIENT-SEATED GATE VALVES-OMIT ...................................................... 19 DA-75 EMERGENCY SITUATION, JOB MOVE-IN -OMIT ............................................ 19 DA-76 1 Yi" & 2" COPPER SERVICES -OMIT ................................................................... 19 DA-77 SCOPE OF WORK (UTIL. CUT) -OMIT ................................................................. 19 DA-78 CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT) -OMIT ................................. 19 DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) -OMIT ......... 19 DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) -OMIT ........................... 19 DA-82 LIQUIDATED DAMAGES (UTIL. CUT)-OMIT .................................................... 19 DA-83 PAVING REP AIR EDGES (UTIL. CUT) -OMIT ..................................................... 19 DA-84 TRENCH BACKFILL (UTIL. CUT) -OMIT ............................................................ 19 DA-85 CLEAN-UP (UTIL. CUT) -OMIT .............................................................................. 19 DA-86 PROPERTY ACCESS (UTIL. CUT) -OMIT ............................................................ 19 DA-87 SUBMISSION OF BIDS (UTIL. CUT) -OMIT ......................................................... 19 DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT)-OMIT .......................... 19 DA-89 CONCRETE BASE REP AIR FOR UNIT II & UNIT III (UTIL. CUT) -OMIT ... 19 DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) -OMIT .......................................... 20 10/23/08 ASC-2 -PART DA -ADDITIONAL SPECIAL CONDITIONS DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT)- OMIT 20 DA-92 MAINTENANCE BOND {UTIL. CUT) -OMIT ........................................................ 20 DA-93 BRICK PAVEMENT (UTIL. CUT) -OMIT .............................................................. 20 DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) -OMIT ................................. 20 DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) -OMIT .................. 20 DA-97 "QUICK-SET" CONCRETE {UTIL. CUT) -OMIT ................................................ 20 DA-98 UTILITY ADJUSTMENT (UTIL. CUT) -OMIT ..................................................... 20 DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) -OMIT ................................................................................................................................. 20 DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) -OMIT .......... 20 DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) -OMIT ................................. 20 DA-102 PAYMENT (UTIL. CUT)-OMIT ........................................................................... 20 DA-103 DEHOLES (MISC. EXT.) -OMIT .......................................................................... 20 DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) -OMIT ................................ 20 DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.)-OMIT ...................... 20 DA-106 BID QUANTITIES (MISC. EXT.) -OMIT ............................................................ 20 DA-107 LIFE OF CONTRACT (MISC. EXT.) -OMIT ...................................................... 20 DA-108 FLOW ABLE FILL (MISC. EXT.) ........................................................................... 20 DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.)-OMIT ...................................... 21 DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) -OMIT .. 21 DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) -OMIT ...................... 21 DA-112 MOVE IN CHARGES (MISC. REPL.)-OMIT ..................................................... 21 DA-113 PROJECT SIGNS (MISC. REPL.) -OMIT ............................................................ 21 DA-114 LIQUIDATED DAMAGES (MISC. REPL.) -OMIT ............................................ 21 DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) -OMIT ........................ 21 DA-116 FIELD OFFICE -OMIT ........................................................................................... 21 DA-117 TRAFFIC CONTROL PLAN ................................................................................... 21 DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS 21 DA-119 GRAVEL DRIVEWAY REP AIR ............................................................................ 22 DA-120 REPLACEMENT OF TREES ................................................................................... 22 DA-121 PIPELINES CROSSING HIGHWAYS, STREETS AND RAILROADS BY BORING, TUNNELING OR OPEN CUT .................................................................................. 22 DA-122 FIBERGLASS SEWER PIPE-GRAVITY SERVICE .......................................... 31 DA-123 JUNCTION SANITARY SEWER MANHOLE ..................................................... 35 DA-124 SUBSURFACE EXPLORATION ............................................................................ 35 DA-125 ABANDON EXISTING WATER AND SANITARY SEWER STRUCTURES - OMIT 35 DA-126 ABANDON EXISTING PIPE LINE AND MANHOLES ...................................... 35 DA-127 SANITARY SEWER AND WATER LINE MARKERS ....................................... 36 DA-128 TUNNELING ................................................................................................................ 37 DA-129 HINGED MANHOLE ............................................................................................... 39 DA-130 T-LOCK SHEET LINER .......................................................................................... 39 DA-131 PASSIVE ODOR CONTROL FOR VENT PIPE ................................................... 46 10/23108 ASC-3 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-132 NEW STRUCTURE INTERIOR MANHOLE COATING RA VEN LINNING SYSTEM 49 DA-133 CUT AND PLUG ....................................................................................................... 56 DA-134 ANTI-FLOATATION PROTECTION ................................................................... 56 DA-135 FIBERGLASS REINFORCED POLYMER MORT AR PIPE FOR TUNNEL CARRIER INSTALLATION -GRAVITY SERVICE ......................................................... 56 10/23/08 ASC-4 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS-OMIT DA-2 PIPELINE REHABILITATION CURED-IN-PLACE PIPE -OMIT DA-3 PIPE ENLARGEMENT SYSTEM -OMIT DA-4 FOLD AND FORM PIPE -OMIT DA-5 SLIPLINING -OMIT DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT A GENERAL: 1. Furnish materials and necessary accessories, with strengths , thickness , coatings, and fittings indicated, specified and/or necessary to complete the work. 2. All excavation shall provide an open area conforming to the outside diameter of the casing and/or carrier conduit. The excavation shall be to an alignment and grade which will allow the carrier conduit to be installed to proper line and grade as shown on the Plans and as established in the Specifications. 3. Work shall be performed in accordance with the requirements of the City of Fort Worth Water Department, the Texas Department of Transportation, or railroad company, as applicable. B. MATERIALS : 1. Casing Pipe : Casing pipe shall be steel conforming to ANSI B36.10 and the following : a. Field Strength: 35,000 psi minimum . b. Wall thickness: 0.312 in . minimum (0 .5 for railroad crossings). c. Diameter: As shown on the drawings (minimum size requirements). ct. 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 Port land Cement grout of min. 2000 ps i compressive strength at 28 days . Proport ioned not less than 1 cu. ft . of cement t o 3 cu . ft . of fine sand with sufficient water added to provide a free flow in g thick slurry . C. EXECUT ION 1012310a ASC-5 10123/08 PART DA -ADDITIONAL SPECIAL CONDITIONS 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: 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. b . C. 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. 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 . Allowable variat ion from the line and grade shall be as specified under paragraph A .2. All voids between bore and outside of casing shall be pressu re grouted . ASC-6 - - - 10/23/08 4. PART DA -ADDITIONAL SPECIAL CONDITIONS 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. c. The Contractor shall prevent over-belling the pipe while installing it through the casing . A method of restricting the movement between the assembled bell and spigot where applicable shall be provided. d. At all bored, jacked, or tunneled installations, the annular space between the carrier pipe and casing shall be filled with grout. Care must be taken that not too much water is forced into the casing so as not to float the pipe. The backfill material will not be required unless specified on the plans and specified by the Engineer. e. Closure of the casing after the pipe has been installed shall be plugged at the ends of the casing as shown on the drawings or as required by the Engineer. 5. Boring and Jacking Ductile Iron Pipe without Casing Pipe: a. As indicated on drawings and as required and directed by the Engineer sewer shall be constructed of bore and jacked ductile iron pipe. b. When a casing pipe is not designated on the drawings, the contractor shall provide a casing pipe if necessary to achieve line and grade . Casing pipe shall be provided at no additional cost and shall be subsidiary to the cost bid for installation By Other than Open Cut. c. Bore and jack in accordance with paragraph C.3. above. d. Short length of sewer consisting of a single pipe section may be installed by jacking without a bore hole if permitted by the Engineer and in soft soil layer . All voids outside of installed pipe shall be pressure grouted. 6. Tunneling: Where the characteristics of the soil , the size of the proposed pipe , or the use of monolithic sewer would make the use of tunneling more satisfactory than jacking or boring, or when shown on the plans , a tunneling method may be used , with the approval of the Engineer or railroad/highway officials . a . When tunneling is permitted , the lining of the tunnel shall be of sufficient strength of support the overburden . The Contractor shall submit the proposed liner method to the Engineer for approval. The tunnel li ner design shall bear the seal of a li censed professional engineer in the State ASC-7 PART DA -ADDITIONAL SPECIAL CONDITIONS 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 max imum intervals of 10 feet. D. MEASUREMENT AND PAYMENT: Installation of pipe by other than open cut will be measured by the linear foot of pipe, complete in place. Such measurement will be made between the ends of the pipe along the central axis as installed . The work performed and materials furnished as prescribed by this item will be paid for at the Contract Unit Price bid per linear foot for Pipe Installed by Other Than Open Cut of the type, size , and class of pipe specified as shown on plans . The furnishing of all materials, pipe, liner materials required for installation, for all preparation, hauling and installing of same, and for all labor, tools, equipment and incidentals necessary to complete the work, including excavation , backfilling and disposal of surplus material shall be included in t he Contract Unit Price as shown in the Bid Proposal. Payment shall not include pavement replacement, which if required, shall be paid separately. DA-7 TYPE OF CASING PIPE 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe , and shall conform to the provisions of E 1-15, E 1-5 and E 1-9 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 . Cas ing 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 materia l standard E 1-15 and Const ructio n standard E2-15 as pe r Fig . 110 of the Gene ral Contract Documents . 3. PAYM ENT: 10123/08 ASC-8 - PART DA -ADDITIONAL SPECIAL CONDITIONS Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. DA-8 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR-OMIT DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION -OMIT DA-10 MANHOLE REHABILITATION-OMIT DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION-OMIT DA-12 INTERIOR MANHOLE COATING -MICROSILICA TE MORTAR SYSTEM -OMIT DA-13 INTERIOR MANHOLE COATING-QUADEX SYSTEM-OMIT DA-14 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM -OMIT DA-15 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM -OMIT DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINER -OMIT DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM -OMIT DA-18 RIGID FIBERGLASS MANHOLE LINERS -OMIT DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION -OMIT DA-20 PRESSURE GROUTING -OMIT DA-21 VACUUM TESTING OF REHABILITATED MANHOLES-OMIT DA-22 FIBERGLASS MANHOLES -OMIT DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES The contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the 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 va lves and expose them for later adjustment. Upon completion of a street the cont ractor shall notify the utili ties of this completion and ind icate the start of the next 10123/08 ASC-9 PART DA -ADDITIONAL SPECIAL CONDITIONS one in order for the utilities · to adjust facilities accordingly. The following are utility contact persons: Company Fort Worth Water Dept. ATMOS Gas TXU Electric SWBT Charter Communications Fort Worth Transportation and Public Works For other facilities Telephone Number 817 -392-8296 1-866-332-8667 1-800-242-9113 1-800-395-0440 817-246-5538 817 -392-6594 1-800-DIG-TESS Of course, under the terms of this contract, the contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the resurfacing operation by the Construction Engineer. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER -OMIT DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS -OMIT 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. 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/o r water shall be removed . A liquid asphalt tack coat shall be applied to all exposed surfaces . Placement of the 10/2 3/08 ASC-10 - - - - PART DA -ADDITIONAL SPECIAL CONDITIONS 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. 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". The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-28 WEDGE MILLING 2" TO O" DEPTH 5.0' WIDE -OMIT DA-29 BUTT JOINTS -MILLED -OMIT DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) -OMIT DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER-OMIT DA-32 NEW 7" CONCRETE VALLEY GUTTER -OMIT DA-33 NEW 4" STANDARD WHEELCHAIR RAMP-OMIT DA-34 8" PAVEMENT PULVERIZATION-OMIT DA-35 REINFORCED CONCRETE PAVEMENT OR-BASE (UTILITY CUT)-OMIT DA-36 RAISED PAVEMENT MARKERS-OMIT DA-37 POTENTIALLY PETROLEUM CONT AMINA TED MA TE RIAL HANDLING-OMIT DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL-OMIT DA-39 ROCK RIPRAP -GROUT -FILTER FABRIC A GENERAL: 10123/08 1. General Conditions , Supplemental Conditions, applicable requ irements of Division 1 - General Requirements and the North Central Texas Co uncil of Governments (NCTCOG) Standard Specifications, are he reby made a part of this sectio n. ASC-11 PART DA -ADDITIONAL SPECIAL CONDITIONS 2. Th is item shall govern for the installation of rock riprap of the various sizes shown on the plans. 8. DESIGN CRITERIA: 1. The toe of the riprap revetment shall be entrenched in stable channel bottoms . If the channel bottom is not stable, the design shall incorporate other requirements needed to stabilize the revetment toe. 2. The channel side slope shall be as shown on the drawings . 3. Engineering filter fabric material shall be placed underneath the riprap . 4. Riprap shall extend up the bank to an elevation where vegetation will provide adequate protection . See cross sections . C. PRODUCT: 10/23/08 1. RI PRAP MA TE RIAL : Stone for rip rap shall be durable and of a suitable quality to insure permanence in the structure . It shall be free from cracks, seams and other defects that would tend to increase deterioration . Rock shall be reasonably well graded between the following prescribed limits: 24 " Riprap 18" Riprap Sieve Size (Square Mesh) 24inch 18inch 12inch 6inch Sieve Size (Square Mesh) 18inch 12inch 6inch 3inch Percent Passing 100 80-90 45-55 0-20 Percent Passing 100 60-85 15-45 0-15 2. RIPRAP WEIGHT: Weight of rock shall be one hundred fifty five pounds per solid cubic foot (min.) calculated from the bulk specific gravity (saturated surface dry). 3. FILTER FABRIC BLANKET: Approved Manufacturer: • Supac -Heavy Grade 8NP (UV) • Trevira 011/280 • Amoco 4553 • or Equal Heavy Grade 4 . RIPRAP GROUT ING ASC-12 PART DA -ADDITIONAL SPECIAL CONDITIONS a. FINE AGGREGATE: Fine aggregate for grouting mix shall consist of natural sand, manufactured sand, or a combination of natural and manufactured sands. The grading and uniformity of the fine aggregate shall conform to the following requirements as delivered to the mixers: Sieve Designation, U.S. Standard Square Mesh 3/8 in. (9.5 mm) No. 4 (4.75 mm) No. 8 (2.36 mm) No. 16 (1.18 mm) No. 30 (600 um) No. 50 (300 um) No. 100 (150 um) Permissible Limits Percent by Weight. Passing 100 95-100 80-95 55-75 30-60 12-30 2-10 D. EXECUTION: 10/23/08 1. CONSTRUCTION: a . The channel side slope and the toe excavation shall be prepared to the required lines and grades. b. Filter fabric and riprap shall be placed in succession to the required thicknesses and elevations. Riprap shall be hand placed around structures to prevent damage to the structures. 2. INSTALLATION OF THE FILTER FABRIC (GEOTEXTILE): The geotextile shall be placed in the manner and at the locations shown on the drawings. At the time of installation, the geotextile shall be rejected if it has defects, rips, holes, flaws, deterioration or damage incurred during manufacture, transportation or storage. The surface to receive the geotextile shall be prepared to a relatively smooth condition free of obstructions, depressions, debris, and soft or low density pockets of material. Erosion features such as rills, gullies, etc. must be graded out of the surface before geotextile placement. The geotextile shall be placed with the long dimension perpendicular to the centerline of the channel and laid smooth and free of tension, stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum width of 24-inches of overlap for each joint. Temporary pinning of the textile to help hold it in place until the rock riprap is placed. The temporary pins shall be removed as the riprap is placed to relieve high tensile stress which may occur during placement of material on the geotextile. The specified placement procedure requires that the length of the geotextile be greater than the actual slope length. The Contractor shall adjust the actual length of the geotextile used based on initial installation experience. The geotextile shall be protected at all times during construction from contamination by surface runoff and any geotextile so contaminated shall be removed and replaced with uncontaminated geotextile. Any geotextile damaged during its installation or during placement of riprap shall be replaced by the Contractor at no cost to the Owner. The work shall be scheduled so that the covering of the geotextile with a layer of the specified material is accomplished within seven (7) calendar days after placement of the geotextile. Failure to comply shall require replacement of geotextile. The ASC-13 10/23/08 PART DA -ADDITIONAL SPECIAL CONDITIONS geotextile shall be . protected from damage prior to and during the placement of rock riprap. Before placement of gabion units, the Contractor shall demonstrate that the placement technique will prevent damage to the geotextile. In no case shall any type of equipment be allowed on the unprotected geotextile. 3. RIPRAP PLACEMENT: Stone for riprap shall be placed on the filter fabric blanket in such a manner as to produce a reasonably well graded mass of rock with the minimum practicable percentage of voids and shall be constructed within the specified tolerance to the lines and grades shown on the drawings. Then intent of these specifications is to require placement of riprap to the thickness shown and to allow isolated stones to extend as much as six inches above grade . Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the fabric. The larger stones shall be well distributed and the entire mass of stones in their final position shall conform to the gradation specified hereinbefore. The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. The desired distribution of the various sizes of stones throughout the mass shall be obtained by selective loading of the material at the quarry or other source, by controlled dumping of successive loads during final placing, or by other methods of placement which will produce the specified results. Rearranging of individual stones , by mechanical equipment or by hand will be required to the extent necessary to obtain a reasonably well graded distribution of stone specified above . The Contractor shall maintain the riprap protection until accepted. Any material displaced by any cause shall be replaced at his erosion to the lines and grades shown on the Drawings. 4. GROUT PLACEMENT: Grout shall be composed of cement, water and air-entraining admixture and sand mixed in the proportions of 1 part of Portland cement to 3 parts of sand, sufficient water to produce a workable mixture, and that amount of admixture which will entrain sufficient air to produce durable grout, as determined by the ENGINEER. Sand for grouting shall conform to the requirements of paragraph: FINE AGGREGATE. The grout shall be mixed in a concrete mixer in the manner specified for concrete except that the time of mixing shall be increased to that necessary to produce a mixture having a consistency such as to permit gravity flow into the interstices of the riprap with the help of limited spading and brooming. The grout shall be used in the work within a period of one (1) hour after mixing. Retempering of ground will not be permitted. Riprap shall not be grouted when the ambient temperature is below 35 degree F. or above 95 degrees F. unless approved by the ENGINEER in writing; nor when the grout, without special protection, is likely to be subjected to freezing temperatures before final set has occurred . Prior to grouting , all surfaces of riprap shall be wetted. The riprap shall be grouted in successive longitudinal strips , approximately 10 feet in width , commencing at the lowest strip and working up the slope . Grout shall be brought to the place of final deposit by approved means , and in no case will grout be permitted to flow on the riprapped surface a distance in excess of 10 feet. Immediately after dumping the batch of grout , it shall be distributed over the surface of the strip by the use of brooms and the grout worked into place between stones with suitable spades , trowels , or vibrating equipment. As a final operation , the grout shall be removed from the top surfaces of the upper stones and from pockets and depressions in the surface of the stone protection. After completion of any strip as specified , no workman or any load shall be permitted on the grouted surface for a period of at least 24 hours . The grouted surface shall be protected from rain, flowing water, and mechanical injury . The surface ASC-14 - PART DA -ADDITIONAL SPECIAL CONDITIONS of all grouted riprap shall be cured by keeping the surface continuously wet for a period of not less than 7 days. E. MEASUREMENT AND PAYMENT 1. FILTER FABRIC: Filter fabric will be measured by the square yard for material used including that required at toes and thickened edges of riprap. Payment for filter fabric will be made at the contract unit price per square yard which includes all plant, labor, material, and all installation costs in-place, complete. 2. STONE RIPRAP: Stone (rock) riprap will be measured by the cubic yard using actual plan dimensions. Payment for riprap will be made at the contract unit price per cubic yard which includes all plant, labor, material, and installation costs in-place, complete. 3. GROUT: Grout for rock riprap will be measured by the square yard using actual plan dimensions. Payment for grout will be made at the contract unit price per square yard which includes all plant, labor, material, and installation costs in-place, complete. DA-40 CONCRETE RIPRAP -OMIT DA-41 CONCRETE CYLINDER PIPE AND FITTINGS -OMIT DA-42 CONCRETE PIPE FITTINGS AND SPECIALS-OMIT DA-43 UNCLASSIFIED STREET EXCAVATION-OMIT DA-44 6" PERFORATED PIPE SUBDRAIN-OMIT DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS -OMIT DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION -OMIT DA-47 PAVEMENT REPAIR IN PARKING AREA-OMIT DA-48 EASEMENTS AND PERMITS Easements and permits , both temporary and permanent , have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts . No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements, as contained herein , along with any special conditions that may have been imposed on these easements and permits . Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the 10123/08 ASC-15 PART DA -ADDITIONAL SPECIAL CONDITIONS property owners involved for the use of additional property required. No additional payment will be allowed for this item. DA-49 HIGHWAY REQUIREMENTS -OMIT DA-50 CONCRETE ENCASEMENT Concrete encasement shall be Class E (1500 psi) concrete and for sewer line encasements shall conform to Fig. 113; for water line encasements it shall conform to Fig . 20 of the General Contract Documents. Requirements for such encasement are specified in Sections E1-20 and E2-20 of the General Contract Documents. Payment for work such as forming, placing, and finishing including all labor, tools, equipment and material necessary to complete the work shall be included in the linear foot price bid for Concrete Encasement. DA-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 E 1-20 and E2-20 of the Genera l 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-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION-OMIT DA-53 OPEN FIRE LINE INSTALLATIONS -OMIT DA-54 WATER SAMPLE STATION-OMIT DA-55 CURB ON CONCRETE PAVEMENT -OMIT DA-56 SHOP DRAWINGS 1. Submit seven (7) copies of shop drawings, layouts, manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the Engineer, which may result from his review , shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below , and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations , discrepancies or conflicts 10/23/08 ASC-16 PART DA -ADDITIONAL SPECIAL CONDITIONS between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern. The Contractor shall be responsible for dimensions which are to be confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his work with that of other trades and satisfactory performance his work. The Contractor shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the application. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form. 2. Shop drawings shall be submitted for the following items prior to installation: List the required submittals here Additional shop drawing requirements are described in some of the material specifications. 3. Address for Submittals -The submittals shall be addressed to the Project Manager: Madelene Rafalko, P.E. City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 DA-57 COST BREAKDOWN -OMIT DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY -OMIT DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP -OMIT DA-60 ASPHALT DRIVEWAY REPAIR-OMIT DA-61 TOP SOIL Where directed by the Engineer, top soil shall be applied in accordance with the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction, Item 116, except as follows: All labor, equipment, tools and incidentals shall be included in the square yard bid price for the top soil. DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT -OMIT DA-63 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities . There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4 .3 conflicts with this provision , this provision controls . No claim w ill be considered for lost or anticipated profi t s based upon differe nces in estimated quantit ies versus actual quantities. 10123/08 ASC-17 PART DA -ADDITIONAL SPECIAL CONDITIONS In particular, the Contractor shall be aware that it is the City's intention that the quantities in Unit I be used on an "emergency" basis only. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $200,000 (see Options to Renew) shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be not limit on the variation between the estimated quantities shown and actual quantities performed . It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City bit will in not case exceed $200,000 (see Options to Renew) including all change orders. DA-64 WORK IN HIGHWAY RIGHT OF WAY -OMIT 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-66 OPTION TO RENEW -OMIT DA-67 NON-EXCLUSIVE CONTRACT -OMIT DA-68 CONCRETE VALLEY GUTTER-OMIT DA-69 TRAFFIC BUTTONS -OMIT DA-70 PAVEMENT STRIPING -OMIT DA-71 H.M.A.C. TESTING PROCEDURES The contractor is required to submit a Mix Design for both Type "B " and "D" asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two (2) years old. Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density testing . For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the contractor is approved for placement of the asphalt. The contractor shall contact the City Laboratory , through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type "B" and for Type "D" asphalt will be 91 % of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. 10/23108 ASC-18 PART DA -ADDITIONAL SPECIAL CONDITIONS After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B" and "D " asphalt. Densities on type "B" must be done before Type "D" asphalt is applied. Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphalt is applied . Upon completion of the application of Type "D" asphalt additional cores must be taken to determine the applied thickness. DA-72 SPECIFICATION REFERENCES When reference is made in these specifications to a particular ASTM, AWWA, ANSI or other specification, it shall be understood that the latest revision of such specification, prior to the date of these general specifications or revisions thereof, shall apply . DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX-OMIT DA-74 RESILIENT-SEATED GATE VALVES-OMIT DA-75 EMERGENCY SITUATION, JOB MOVE-IN -OMIT DA-76 1 %"·& 2" COPPER SERVICES -OMIT DA-77 SCOPE OF WORK (UTIL. CUT) -OMIT DA-78 CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT)-OMIT DA-79 CONTRACT TIME (UTIL. CUT) -OMIT DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) -OMIT DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) -OMIT DA-82 LIQUIDATED DAMAGES (UTIL. CUT)-OMIT DA-83 PAVING REPAIR EDGES (UTIL. CUT)-OMIT DA-84 TRENCH BACKFILL (UTIL. CUT) -OMIT DA-85 CLEAN-UP (UTIL. CUT) -OMIT DA-86 PROPERTY ACCESS (UTIL. CUT) -OMIT DA-87 SUBMISSION OF BIDS (UTIL. CUT) -OMIT DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT)-OMIT DA-89 CONCRETE BASE REPA IR FOR UNIT 11 & UNIT Ill (U TI L. CUT ) -OMIT 10/23/08 ASC -19 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT)-OMIT DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT)-OMIT DA-92 MAINTENANCE BOND (UTIL. CUT) -OMIT DA-93 BRICK PAVEMENT (UTIL. CUT)-OMIT DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) -OMIT DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT)-OMIT DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) -OMIT DA-97 "QUICK-SET" CONCRETE (UTIL. CUT) -OMIT DA-98 UTILITY ADJUSTMENT (UTIL. CUT) -OMIT DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT)-OMIT DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT)-OMIT DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT)-OMIT DA-102 PAYMENT (UTIL. CUT)-OMIT DA-103 DEHOLES (MISC. EXT.) -OMIT DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.)-OMIT DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.)-OMIT DA-106 BID QUANTITIES (MISC. EXT.) -OMIT DA-107 LIFE OF CONTRACT (MISC. EXT.) -OMIT 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 : 10123/08 ASC-20 PART DA -ADDITIONAL SPECIAL CONDITIONS f 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 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 . b. Air entraining admixtures conforming to ASTM C-260. c. High range water reducers conforming to ASTM C-494 Type For G. d. Accelerating admixtures conforming to ASTM C-494, Type C. 1. Non-chloride, non-corrosive accelerators used where metals are present in concrete or embedded members. 2. Calcium chloride DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.)-OMIT DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) -OMIT DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) -OMIT DA-112 MOVE IN CHARGES (MISC. REPL.)-OMIT DA-113 PROJECT SIGNS (MISC. REPL.) -OMIT DA-114 LIQUIDATED DAMAGES (MISC. REPL.)-OMIT DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) -OMIT DA-116 FIELD OFFICE -OMIT DA-117 TRAFFIC CONTROL PLAN Traffic control shall be in accordance with item D-8 of the Special Conditions with the exception of the Contractor providing the traffic control plan . A traffic control plan has been prepared and is included in the project plans. All other requirements of D-8 shall apply . DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS 1012310a ASC-21 PART DA -ADDITIONAL SPECIAL CONDITIONS The contractor shall coordinate his work with the work of other contractors on remaining units of this project. The contract documents indicate the starting and stopping points for each of the units of the project. The plans indicate "connecting to an existing pipeline" constructed by others and ending the line with the installation of a plug. If the start of the project cannot be connected to the previous unit, the contractor will begin his line with a plugged section of pipe. If the pipeline is constructed for the connecting unit the contractor shall connect his line with the adjoining unit in lieu of installation of a plug. Contractor will be paid for "connection" to existing line or installation of blind flanges based on the unit price bid for the water or sewer main. DA-119 GRAVEL DRIVEWAY REPAIR At locations where gravel driveways are encountered, such driveways shall be completely replaced for the full extent of utility cut with gravel equal to or better than the existing driveway. Measurement and payment for gravel driveway repair shall be per square yard of gravel complete and in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. DA-120 REPLACEMENT OF TREES Replacement trees shall consist of 3" caliper container grown Live Oak (Qurcus Virginiana) trees, 10-12" in height. Measurement and payment for replacing any trees that are removed shall be on a per each basis and shall cover all cost for complete replacement of the existing tree(s) in accordance with the City of Fort Worth Tree Ordinance. Included shall be all excavation, backfill, watering, materials, labor, and equipment necessary in accordance with the City of Fort Worth Tree Ordinance. A copy of the City of Fort Worth Tree DA-121 PIPELINES CROSSING HIGHWAYS, STREETS AND RAILROADS BY BORING, TUNNELING OR OPEN CUT A. GENERAL 10/23/08 1. WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to install pipe casings or tunnel liners by boring, tunneling or open cut as specified. This section sets forth the requirements for utility lines crossing roadways or railroads using bore, tunneling, or open cut. 2 . QUALITY ASSURANCE a. DESIGN CRITERIA 1) TUNNEL LINER PLATE The tunnel liner plate shall be designed by the Manufacturer in accordance with the methods and criteria as specified in AASHTO Standard Specifications for Highway Bridges, Section 16 . Soil parameters shall be determined by the Tunnel Liner Plate Manufacturer. The tunnel liner plate shall be designed to allow a maximum deflection of 3%. The thickness of the tunnel liner plate specified herein is the minimum acceptable and shall be increased as necessary to obtain adequate jo int strength , st iffness , buckling strength , and resistance to deflection. ASC-22 - PART DA -ADDITIONAL SPECIAL CONDITIONS 2) CASING INSULATORS Casing insulators shall be designed by the Manufacturer to adequately support and electrically isolate the carrier pipe within the casing pipe under all conditions. Number and location of spacing insulators shall be determ ined by the Manufacturer to protect carrier pipe from damages. One insulator shall be placed within 2' of ends of casing . b. INSTALLER'S QUALIFICATIONS Installation shall be by a competent, experienced contractor or sub- contractor. The installation contractor shall have a satisfactory experience record of at least five (5) years engaged in similar work of equal scope. c. PERFORMANCE REQUIREMENTS Lateral or vertical variation in the final position of the pipe casing or tunnel liner from the line and grade established by the engineer shall be permitted only to the extent of 1" in 10', provided that such variation shall be regular and only in the direction that will not detrimentally affect the function of the carrier pipe , or clearances from other underground utilities or structures. Any additional cost caused by this variation shall be the responsibility of the Contractor. 3. SUBMITTALS Submittals shall include : a Installer's Qualifications b Shop drawings of the tunnel liner plate and fasteners from the tunnel liner plate manufacturer. Shop drawings shall include calculations for the design of the tunnel liner plate sealed by a Licensed Engineer in the State of Texas . Shop drawings are for record purposes only and will not be reviewed or approved by the Engineer. 4 . STANDARDS AWWA C-206 "Field We lding of Steel Water Pipe" AWWA C-210 "Liquid Epoxy Coating Systems for the In terior an d Exterior of Steel Water Pipelines " AASHTO M-190 "Bituminous Coated Corrugated Metal Cu lvert Pipe and Pipe Arches" AASHTO Standard Specifications fo r Highway Bridges , 1989 . A STM A -36 "St ructural St ee l" 1012310 s ASC-23 10123108 PART DA -ADDITIONAL SPECIAL CONDITIONS ASTM A-123 "Zinc (Hot Dipped Galvanized) Coatings on Iron and Steel Products" ASTM A-135 ASTM A-139 ASTM A-153 ASTM A-307 ASTM A-449 ASTM A-569 "Electric -Resistance -Welded Steel Pipe" "Electric -Fusion (Arc) -Welded Steel Pipe" "Zinc Coating (Hot Dip) on Iron and Steel Hardware" "Carbon Steel Bolts and Studs, 60,000 PSI Tensile" "Quenched and Tempered Steel Bolts and Studs" "Steel, Carbon, Hot-Rolled Sheet and Strip, Commercial Quality" ASTM A-570 "Hot Rolled Carbon Steel Sheet and Strip, Structural Quality" ASTM C-76 "Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe" ASTM D-4254 "Test Methods for Minimum Index Density of Soils and Calculation of Relative Density" 5. DELIVERY AND STORAGE a. The Contractor shall store tunnel liner plate in accordance with manufacturer's recommendations. Any liner plate that appears to have been damaged in the opinion of the Owner's representative shall be removed from the project and replaced with a new piece. 6. JOB CONDITIONS; PERMITS AND EASEMENT REQUIREMENTS a . b . Where the work is in the public right-of-way or railroad company right-of- way, the Owner will secure the appropriate permits or easements. The Contractor shall observe regulations and instructions of the right-of-way Owner as to the methods of performing the work and take precautions for the safety of the property and the public. Negotiations and coordination with the right-of-way Owner shall be carried on by the Contractor, not less than five (5) days prior to the time of his intentions to begin work on the right-of-way. Comply with the requirements of the permit and/or easement, a copy of wh ich is included in the Appendix. The work within the Texas Department of Transportation (TxDot) Right-of-Way shall comply with TxDot specifications. If required by the Right-of-Way Owner, obtain Protective Liability Insurance in the amount required by the particular company or other insurance as is specified in the permit at no cost to the Owner . Acquire a permit , agreement , or work order from the right-of-way Owner as is required . ASC-24 PART DA -ADDITIONAL SPECIAL CONDITIONS c. Construction along roads and railroads shall be performed in such manner that the excavated material be kept off the roads and railroads at all times, as well as, all operating equipment. Construction shall not interfere with the operations of the roads and railroads . d. Barricades , warning signs, and flagmen, when necessary and specified, shall be provided by the Contractor. e. No blasting shall be allowed. Existing pipelines are to be protected. The Contractor shall verify location and elevation of any pipe lines and telephone cable before proceeding with the construction and plan his construction so as to avoid damage to the existing pipe lines or telephone cables . Verification of location of existing utilities shall be the complete responsibility of the Contractor. 7. OPTIONS a. CASING MATERIAL: Unless specified otherwise , the Contractor may use steel pipe or tunnel liner plate where bore and/or tunnel as specified. Unless specified otherwise, the Contractor shall use steel pipe where open cut casing is specified. The material specification for casing pipe and tunnel liner are the minimum acceptable . The Contractor shall be fully responsible to insure the materials used are of sufficient strength for the installation method chosen and the soil conditions encountered. b. BORE AND TUNNEL METHODS: Unless specified otherwise , the Contractor may use jacking or tunneling for the installation method of casing material. Tunnel liner plate shall not be used where bore or jack methods are used . The Contractor shall be fully responsible to insure the methods used are adequate for the protection of workers , pipe , property , and the public. Provide a finished product as required. 8. GUARANTEES [Not Used] B. PRODUCTS 10123/08 1. MATERIALS a. STEEL PIPE: Steel casing pipe shall have a minimum yield strength of 35 ,000 psi. Casing shall meet ASTM A36 , ASTM A570 , ASTM A135 , ASTM A 139, or approved equal. Pipe shall be coated and lined in accordance with AWWA C210 or approved equal. Pipe joints shall be welded in accordance with AWWA C206 . After pipe is welded, coating and lining shall be repaired . Unless specified otherwise , the minimum wall th ickness of steel casing pipe shall be as follows : Casing Diameter Wall Th ickness 60" 1" ASC-25 10/2 3/08 PART DA -ADDITIONAL SPECIAL CONDITIONS b. 2. MIXES TUNNEL LINER PLATES: Corrugated metal tunnel liner plates shall be galvanized made from steel sheets conforming to the requirements of ASTM A-569. Material to be galvanized shall be zinc coated in accordance with ASTM A-123, except that the zinc shall be applied at a rate of 2.0 oz. per square foot on each side . Tunnel liner plates and fasteners shall comply with the requirements of AASHTO Standard Specifications for Highway Bridges , 1989. Liner plates shall be punched for bolting on both longitudinal and circumferential seams, fabricated to permit complete erection from the inside of the tunnel. Bolts and nuts shall be galvanized to conform to ASTM. Where groundwater is encountered, gasketed liner plates shall be used. A-153: Plates shall be of uniform fabrication and those intended for one size tunnel shall be interchangeable. Welding of tunnel liner plate shall not be allowed. The material used for the construction of these plates shall be new, unused, and suitable for the purpose intended. Workmanship shall be first class in every respect. Minimum thickness of tunnel liner plate shall be as follows: Tunnel Diameter Minimum Thickness 60'' - 2 Flanged 10 gage 60" - 4 Flanged 7 gage a. CEMENT MORTAR: Consisting of one (1) part cement to two (2) parts clean sand with sufficient water to make a thick workable mix . b. PRESSURE GROUT MIX: Comprised of 1 cubic foot of cement and 3.5 cubic feet of clean fine sand with sufficient water added to provide a free flowing thick slurry . If desired to maintain solids in the mixture in suspension , one cubic foot of commercial grade bentonite may be added to each 12 to 15 cubic feet of the slurry. c. CELLULAR GROUT MIX: The cellular grout shall be a low-density, non- shrink grout composed of Type II Portland cement , water, and a pre- formed foam. The cellular grout shall have the following characteristics: 1) 2) 3) 4 ) Minimum 28-day Compressive Strength = 1000 psi Slurry (Wet) Density = 95 to 105 pcf Cement = Type 11 , per ASTM C 150 Wate r = Potab le ASC-26 - - - PART DA -ADDITIONAL SPECIAL CONDITIONS 5) Foam = Per ASTM C869 6) Water/Cement Ratio= 0.50 to 0.55 3. FABRICATIONS [Not Used] 4. MANUFACTURED PRODUCTS a. TUNNEL LINER: Manufactured by Contech Construction Products, Inc .. , American Commercial Inc., or approved equal. b. CASING INSULATORS: Thickened Mortar Bands shall be used for this project. Casing insulators may be used in lieu of mortar bands and rollers .. In lieu of casing insulators or mortar bands, steel rails and rollers may be considered as an acceptable substitute. However, the Contractor must submit a design for the rail and roller installation as well as documentation to justify the substitution as an acceptable installation, in lieu of casing insulators. Use casing insulators for any type of carrier pipe. Insulators shall consist of pre-manufactured stainless steel bands with plastic lining and plastic runners . Insulators shall fit snug over the carrier pipe and position the carrier pipe approximately in the center of the casing pipe, to provide adequate clearance between the carrier pipe bell and the casing pipe. Fasteners for insulators shall be stainless steel or cadmium-plated. Insulators shall be as manufactured by Cascade Waterworks Manufacturing Company or Pipeline Seal and Insulators, Incorporated or Perry Equipment Corporation . c. MORTAR BANDS: Concrete cylinder pipe and polyurethane coated steel pipe may have thickened outside mortar bands in lieu of casing insulators. Mortar bands shall properly position the pipe within the casing or tunnel liner. C. EXECUTION 1012 3/08 1. PREPARATION [Not Used] 2. GENERAL CONSTRUCTION PROCEDURES a. EXCAVATION AND BACKFILL OF ACCESS PITS 1) 2) Do not allow excavation over the limits of the bore or tunnel as specified. Trench walls of access pits adjacent to the bore or tunnel face shall be truly vertical. Shore the trench walls as necessary to protect workmen, the public , structures , roadways , and other improvements . Excavations within the right-of-way and not under surfacing shall be backfilled , with type B backfill, and consolidated by tamping in 6" horizontal layers to 95% of maximum density as measured by ASTM D-698. Surplus material shall be removed from the right-of-way and ASC-27 10123/08 PART DA -ADDITIONAL SPECIAL CONDITIONS the excavation finished to original grades. Backfill pits immediately after the installation of the carrier pipe is completed. If carrier pipe is not installed immediately after casing pipe installation, the Right-of- Way Owner may require the access pits be temporarily backfilled until installation of carrier pipe. b. INSTALLING CARRIER PIPE IN CASINGS 1) Pipe to be installed within the casing or tunnel liner shall meet the requirements for this type of pipe as specified. Where indicated, place, align, and anchor guide rails and/or casing insulators inside the casing. If guide rails are used, place cement mortar on both sides of the rails. 2) Pull or skid pipe into place inside the casing. Lubricants such as flax soap or drilling mud may be used to ease pipe installation. Do not use petroleum products, oil or grease for this purpose. If guide rails are used, install pipe and hold down jacks after installation of carrier pipe. 3) After installation of the carrier pipe, mortar inside and outside of the joints as applicable. Verify electrical discontinuity between the carrier pipe and tunnel liner. If continuity exists, remedy the short prior to applying cellular grout. 4) After carrier pipe installation is complete, if hold down jacks or casing spacers are used, seal or plug the ends of the casing. 5) After carrier pipe installation is complete, the annular space between the carrier pipe and tunnel liner or casing shall be completely filled with cellular grout. The Contractor shall take precautions to prevent flotation of the carrier pipe. Exterior joint coating (heat shrink sleeves) is required for polyurethane coated pipe. Provide necessary bulkheads as recommended by the cellular grout supplier. If pressure is used to apply grout, verify the maximum allowable pressure with the carrier pipe manufacturer, and do not exceed this pressure. c. FREE-AIR SYSTEM If required by OSHA standards, free-air systems shall be installed and maintained. d. INSTALLATION OF PRESSURE GROUT MIX 1) Install pressure grout mix in the void space between the outside of the casing pipe or tunnel liner and the excavation. For bore or jacks with casing pipe , install pressure grout mix immediately upon completion of setting casing pipe . For tunnel liner plate , install ASC-28 - - - 10/23/08 PART DA -ADDITIONAL SPECIAL CONDITIONS pressure grout mix at the end of each work day or more often as conditions warrant. 2) Unless specified otherwise, install pressure grouting through grout fittings for the casing pipe or tunnel liner plate 48" in diameter or larger. Grout fittings shall be fabricated into casing pipe and tunnel liner plate at a maximum spacing of 6'. Remove and plug grout fittings after pressure grouting. 3) Install pressure grout from the low end for all crossings where grout fittings are not used. Seal the low end and pressure grout until grout is extruded from the opposite end. 3 . CROSSINGS INSTALLED BY BORING a. Perform the boring from the low or downstream end unless specified otherwise. Bore the holes mechanically and use a pilot hole . By this method , an approximate 2" pilot hole shall be bored the entire length of the crossing and shall be checked for line and grade. This pilot hole shall serve as the centerline of the larger diameter hole to be bored . Place excavated material near the top of the working pit and dispose of material as required . The use of water or other fluids in connection with the boring operation will be permitted only to the extent to lubricate cuttings . Jetting shall not be permitted. b. In unconsolidated soil formations , a gel-forming colloidal drilling fluid consisting of at least 10% 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. In locations where the soil formation is other than consolidated rock, insert the casing pipe simultaneously with the boring operation. This requirement applies to all bored holes of 18" or greater in diameter. For smaller diameter bored holes, it is desirable that the casing be installed as the boring progresses, but because of differences in soil formations , the time for inserting the casing shall be the Contractor's respons ibility. In the event that caving sand or water bearing materials are encountered , insert the casing pipe simultaneously with the boring operation regardless of the diameter of the bored hole . In all cases , the security and integrity of the roadway is the primary concern . The Contractor shall be held fully responsible for the cont inued integrity of the structure of the roadway being crossed , whether or not a casing pipe is inserted simultaneously w ith the boring operation . 4 . CROSSINGS INSTALLED BY TUNNELING AND JACKING a . Jack the pipe from the low or downstream end , un less spec ifi ed otherwise. Provide heavy du ty jacks suitab le fo r forc ing the pipe through the em ba nkm ent. In ope rati ng j acks , ap ply eve n press ure to th e jacks used . Provide a sui table j acking head and braci ng between j acks so t ha t ASC-2 9 10/23108 PART DA-ADDITIONAL SPECIAL CONDITIONS pressure will be applied to the pipe uniformly around the ring of the pipe. Provide a suitable jacking frame or back stop. Set the pipe to be jacked on guides, properly braced together, to support the section of the pipe and to direct it in the proper line and grade. Place the whole jacking assembly so as to line up with the direction and grade of the pipe. In general, excavate embankment material just ahead of the pipe and material removed through the pipe . Force the pipe through the embankment with jacks into the space provided. b. The excavation for the underside of the pipe, for at least 1/3 of the circumference of the pipe, shall conform to the contour and grade of the pipe. Provide a clearance of not more than 2" for the upper half of the pipe . This clearance shall be tapered off to zero at the point where the excavation conforms to the contour of the pipe. Extend the distance of the excavation beyond the end of the pipe depending on the character of the material, but do not exceed 2' in any case. Decrease the distance if the character of the material being excavated makes it desirable to keep the advance excavation closer to the end of the pipe. c. If desired, use a cutting edge of steel plate around the head end of the pipe extending a short distance beyond the end of the pipe with inside angles or lugs to keep the cutting edge from slipping back onto pipe. d . When jacking of pipe has begun, carry on the operation without interruption to prevent the pipe from becoming firmly set in the embankment. Remove and replace any pipe damaged in the jacking operations. The Contractor shall absorb the entire expense. 5. CROSSINGS INSTALLED WITH TUNNEL LINER PLATE 6 . a. Install the tunnel liner plates to the limits indicated and as specified in AASHTO Standards Specifications for Highway Bridges, Section 11-26, Construction Tunnels Using Steel Tunnel Liner Plates. Assemble steel liner plates into circumferential rings. Liner plates shall be of the type to permit segments to be installed completely from inside the tunnel or bore. b. Accurately maintain the face of the excavation inside the tunnel so as to allow the absolute minimum of void space outside the liner plate . Maintain a maximum of 1 /2" tolerance between the outside of the liner plate and the excavation wherever possible . The tunnel diameter shall not be greater than 2" larger than the liner O .D. C. Liner plate installation shall proceed as closely as possible behind the excavation. Excavation shall at no time be more than 6" ahead of the required space to install an individual tunnel liner plate. Use breast plates , poling boards or other suitable devices to maintain accurate excavation with the minimum of unsupported excavation at any time . Tunnel liner plate shall not be allowed to deflect vertically during installat ion . CROSSINGS WITH CASING INSTALLED BY OPEN CUT ASC-30 - - -PART DA -ADDITIONAL SPECIAL CONDITIONS a. This article covers the requirements for the construction of crossings where pipe casing is required for installation by the open cut method. Excavation, backfill, and embedment of casing pipe shall be as specified in the construction plans. All other requirements shall be as specified herein. DA-122 A. FIBERGLASS SEWER PIPE -GRAVITY SERVICE GENERAL 10/23108 1. Section Includes a. Fiberglass Reinforced Polymer Mortar Pipe. 2. References a. ASTM D3262 -Standard Specification for "Fiberglass" (Glass-Fiber- Reinforced Thermosetting-Resin) Sewer Pipe. b. ASTM D4161 -Standard Specification for "Fiberglass" (Glass-Fiber- Reinforced Thermosetting-Resin) Pipe Joints Using Flexible Elastomeric Seals. c. ASTM D2412 -Standard Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading. 3. Specifications The specifications contained herein govern, unless otherwise agreed upon between purchaser and supplier. 4. Submittals Contractor shall submit load and pipe calculations confirming selected pipe behavior. Load calculations shall include, but not limited to, buckling resistance, pipe deflection, pipe wall strain cracking and wall crushing load. All design calculations shall be sealed by a Registered Professional Engineer of the State of Texas. a . b. C. d. e. Product data submittals to include the following are as a minimum : Details of the proposed pipe . Details of proposed manholes. Properties, strengths, etc. of the pipe . Joint detail drawing, including maximum interior joint gap opening , in the deflected position and in the straight alignment. ASC-31 PART DA -ADDITIONAL SPECIAL CONDITIONS f. Instructions on storage , handling, transportation, and pipe installation. g. Standard catalog sheets . h. Gasket type and composition showing ability to withstand the chemicals and conditions within sanitary sewers. i. Pipe laying schedule. j. Connections to all proposed structures including water stop. B. PRODUCTS 10/2310 8 1 . Materials a. Resin Systems: The manufacturer shall use only polyester resin systems with a proven history of performance in this particular application. The historical data shall have been acquired from a composite material of similar construction and composition as the proposed product. b. Glass Reinforcements: The reinforcing glass fibers used to manufacture the components shall be of highest quality commercial grade E-glass filaments with binder and .sizing compatible with impregnating resins. c. Silica Sand : Sand shall be minimum 98% silica with a maximum moisture content of 0.2%. d. Additives: Resin additives, such as curing agents, pigments, dyes fillers , thixotropic agents, etc ., when used , shall not detrimentally affect the performance of the product. e. Elastomeric Gaskets: Gaskets shall be supplied by approved gasket manufacturers and be suitable for the service intended. 2. Manufacture and Construction a. b. C. Pipes: Manufacture pipe to result in a dense , non-porous, corrosion- resistant , consistent composite structure . Joints: Unless otherwise specified , the pipe shall be field connected with fiberglass sleeve couplings that utilize elastomeric sealing gaskets made of EPDM rubber compound as the sole means to maintain joint watert ightness . The joints must meet the performance requirements of ASTM 04161. Joints at tie-ins , when needed may utilize fiberglass , gasket-sealed closure couplings. Fittings : Flanges, elbows , reducers , tees , wyes , laterals and other fittings shall be capab le of withstand ing all operating condit ions when ins talled . They may be contact molded or manufact ured from m itered sections of ASC-32 - PART DA -ADDITIONAL SPECIAL CONDITIONS pipe joined by glass-fiber-reinforced overlays. Properly protected standard ductile iron, fusion-bonded epoxy coated steel and stainless steel fittings may also be used. 3. Dimensions a. Diameters: The actual outside diameter (18" to 48") of the pipes shall be in accordance with ASTM D3262. For other diameters, OD's shall be per manufacturers literature. b. Lengths: Pipe shall be supplied in nominal lengths of 20 feet. Actual laying length shall be nominal +1, -4 inches. At least 90% of the total footage of each size and class of pipe, excluding special order lengths, shall be furnished in nominal length sections . c. Wall Thickness: The minimum wall thickness shall be the stated design thickness. d. End Squareness: Pipe ends shall be square to the pipe axis with a maximum tolerance of 1 /8". 4. Testing a. Pipes: Pipes shall be manufactured and tested in accordance with ASTM D3262. b. Joints: Coupling Joints shall meet the requirements of ASTM D4161. Stiffness: Minimum pipe stiffness when tested in accordance with ASTM D2412 shall normally be 46 psi. In no case will the stiffness be less than SN46 . 5. Customer Inspection a. The owner or other designated representative shall be entitled to inspect pipes or witness the pipe manufacturing. b. Manufacturers Notification to Customer: Should the Owner request to see specific pipes during any phase of the manufacturing process, the manufacture must provide the Owner with adequate advance notice of when and where the production of those pipes will take place. 6. Packaging , Handling , Shipping a. Packaging , handling, and shipping shall be done in accordance with the manufacturer 's instructions. C. EXECUTION 1 . Installation 1012310s ASC-33 PART DA -ADDITIONAL SPECIAL CONDITIONS a. Burial: The bedding and burial of pipe and fittings shall be in accordance with the project plans and specifications and the manufacturers requirements (Section 13 A of the product brochure). b. Pipe Handling: Use textile slings, other suitable materials or a forklift. Use of chains or cables is not recommended. c. Jointing: 1) Clean ends of pipe and coupling components. 2) Apply joint lubricant to pipe ends and elastomeric seals of coupling. Use only lubricants approved by the pipe manufacturer. 3) Use suitable equipment and end protection to push or pull the pipes together. 4) Do not exceed forces recommended by the manufacturer for coupling pipe. 5) Join pipes in straight alignment then deflect to required angle . Do not allow the deflection angle to exceed the deflection permitted by the manufacturer. d) Field Testing 1) Infiltration / Exfiltration Test: Maximum allowable leakage shall be per local specification requirements . 2) Low Pressure Air Test: Each reach may be tested with air pressure (max 5 psi). The system passes the test if the pressure drop due to leakage through the pipe or pipe joints is less than or equal to the specified amount over the prescribed time period. 3) Individual Joint Testing: For pipes large enough to enter, individual joints may be pressure tested with a portable tester to 5 psi max. with air or water in lieu of line infiltration , exfiltration or air testing. 2. Deflection: Maximum allowable long-term deflection is 5% of the initial diameter. D. MEASUREMENT AND PAYMENT 10/23/08 The measurement of sewer pipe for payment purposes will be the horizontally measured length of the line from center of fitting or manhole to center of fitting or manhole , or end of pipe without deduction for intermediate fittings or manhole . Payment will be made at the applicable unit price bid in the proposal as it corresponds in size and depth of the constructed facility. Such payment shall include furn ishings and ASC-34 PART DA -ADDITIONAL SPECIAL CONDITIONS installing sewer pipe, and crushed limestone bedding and embedment, backfill and/or flowable fill backfill. DA-123 JUNCTION SANITARY SEWER MANHOLE This item shall consist of the construction of a new junction sanitary sewer manhole connecting existing sanitary sewer line to the proposed sanitary sewer line at locations as designated in the construction plans. Excavation and backfill, furnishing and installation of materials, labor, and equipment shall be included in the unit bid item price. Item shall be constructed in conformance with Item 444 and detailed drawings included in the construction plans. MEASUREMENT AND PAYMENT -Measurement and payment for junction sanitary sewer manhole shall include appurtenant work including excavation through flowable fill backfill to provide for the structure complete in place as designed for the project. Payment for vault shall include all labor, material, and equipment necessary for complete installation of structure. DA-124 SUBSURFACE EXPLORATION Any data, which has or may be provided on subsurface conditions, is not intended as a representation or warranty of accuracy or continuity between soil strata. It is expressly understood that neither the Owner nor the Engineer will be responsible for interpretations or conclusions drawn therefrom by the Contractor. Data is made available for convenience of the Contractor. Subsurface exploration, to ascertain the nature of the soils at the project site, including the amount of rock, if any, is to be the responsibility of any and all prospective bidders. Whether prospective bidders perform this subsurface exploration jointly or independently, it shall be left to the discretion of such prospective bidders. Subsurface exploration shall not be attempted without the approval of the Owner. The Geotechnical Boring Logs have been included in these specifications DA-125 ABANDON EXISTING WATER AND SANITARYSEWER STRUCTURES -OMIT DA-126 ABANDON EXISTING PIPE LINE AND MANHOLES This item shall consist of filling existing water or sanitary sewer pipe to be abandoned with flowable fill as designated in the construction plans. Flowable fill material shall be in accordance with DA-108 . Payment for pipe abandonment with flowable fill shall be paid per linear foot of pipe. The pay item for the abandonment is "Flowable Fill." This cost shall include all labor, material, and equipment associated with filling existing water or sanitary sewer pipe with flowable fill and abandonment. Manholes deemed to be abandoned on the plans shall be per D-29 or as approved by the City representative. The remaining manhole structure shall be filled with flowable fill. Flowable fill for manhole abandonment is incidental to the related pay item. 10/23/08 ASC-35 PART DA -ADDITIONAL SPECIAL CONDITIONS Payment for of the abandonment of manholes shall be per each structure. This cost shall include all labor, material, and equipment associated with filling existing sanitary sewer manhole with flowable fill. DA-127 SANITARY SEWER AND WATER LINE MARKERS A. GENERAL These work described in this specification includes supplying and placing markers for sanitary sewer lines and water lines. B. MATERIALS 1. Buried Markers -Buried markers shall be Omni Marker balls as manufactured by Tempo or approved equal (www.tempo-textron.com). Markers for water lines shall be blue. Markers for sanitary sewer lines shall be green. 2 . Surface Markers -Surface markers shall be COTTMark Cable and Pipe Warning System as manufactured by COTT Manufacturing Co. or approved equal (www.cottmfg.com). Markers for water lines shall have a blue warning sign. Markers for sanitary sewer lines shall have a green warning sign. Marker posts shall be 4-inch diameter PVC. C. EXECUTION 10/23/0 8 1. GENERAL a. Buried markers shall be placed at a depth of three-feet below natural ground surface and directly above the feature they are marking. b. Surface markers shall be a minimum of six-feet in length and shall be buried a minimum of two-feet, with a minimum of four-feet above ground. The warning sign for all surface markers shall be 21-inches (not including post cap). Surface markers shall be placed as follows: i. Buried Features: Surface markers shall be placed directly above a buried feature. ii. Above-Ground Features: Surface markers shall be placed a maximum of two (2) feet away from an above-ground feature. 2. PLACEMENT a. Water Lines 16-inches and Above Buried markers shall be placed at all horizontal and vertical bends, all horizontal points of curvature , tangency, and reverse curvature , horizontal tees (excluding fire hydrant taps), cleanout wyes , blowoff valves, end-of- line plugs, and at other locations as shown on the plans or as deemed app ropriate by the ENGINEER. ASC-36 -PART DA -ADDITIONAL SPECIAL CONDITIONS Surface markers shall be placed at each right-of-way line (or end of casing pipe) of major highway crossings, railroad crossings, crossings with major utilities such as high pressure gas lines and fiber-optic lines, and at other locations as shown on the plans or as deemed appropriate by the ENGINEER. b. Water Lines 12-inches and Below Buried markers shall be placed at the end-of-line cap on all dead-end stubouts. Surface markers shall not be utilized for water lines 12-inches and under. c. Sanitary Sewer lines, All Sizes Buried markers shall be placed at all horizontal points of curvature, tangency and reverse curvature if no manhole is present, and at all stubouts. Surface markers shall be placed at each right-of-way line (or end of casing pipe) of major highway crossings, railroad crossings, crossings with major utilities such as high pressure gas lines and fiber-optic lines, and at other locations as shown on the plans or as deemed appropriate by the ENGINEER. D. MEASURMENT AND PAYMENT The cost of buried and surface sanitary sewer and water markers is subsidiary work and the cost of same shall be included in the unit price bid for pipe complete in place as bid in the proposal , and no other compensation will be allowed. DA-128 TUNNELING A. GENERAL 1. SCOPE. This section covers hand tunneling and shall include the necessary preparation of the site; removal and disposal of all debris; excavation as required; the handling, storage , transportation, and disposal of all excavated material ; all necessary protection work; pumping and dewatering as necessary or required; protection of adjacent property ; and other appurtenant work. 2. GENERAL. With reference to the terms and conditions of the construction standards for excavations set forth in the OSHA "Safety and Health Regulations for Construction ", Chapter XVII of Title 29, CFR , Part 1926 , the Contractor shall employ a competent person and , when necessary , a registered professional engineer , to act upon all pertinent matters of the work of this section . B. PRODUCTS 1. Tunnel liner Plates . Galvanized steel t unne l liner plates shall be corruga ted sect ions as manufactured by Contech Construction Products or Commercial Pantex Sika . Liner 1012 310a ASC-37 PART DA -ADDITIONAL SPECIAL CONDITIONS plates shall have sectional properties conforming to Section 16.5 of AASHTO "Standard Specifications for Highway Bridges" or to Chapter 1, Section 4 .16.5, Table 4.16 .1, of AREA "Manual for Railway Engineering". The liner plates shall be designed so that erection and assembly can be accomplished · entirely from inside the tunnel. Liner plates shall be capable of withstanding the ring thrust load and transmitting this load from plate to plate. Liner plates shall have a thickness of at least 0.1046 inch. C. EXECUTION 1. BLASTING. Blasting or other use of explosives will not be permitted. 2. TUNNEL EXCAVATION . Pipelines shall be constructed in tunnels of the type designated - on the drawings, in conformity with the requirements which follow. Before startin'g work on any tunnel, detailed drawings, specifications , and other data covering the liner to be used shall be submitted. The clear inside diameter of tunnel liners shall be within 4 inches of the nom inal diameter indicated on the drawings. a) Tunnel Liner Plates. Care shall be taken during installation to maintain alignment, grade , and the circular shape of the tunnel. Longitudinal joints in adjacent rings shall be staggered and not in alignment more often than every second ring. The entire operation of tunneling and setting of liners shall be acceptable to the Owner and the agency having jurisdiction. Adequate means shall be provided to keep the work free from water. Sufficient sections of tunnel liner plates shall be provided with 1-1/2 inch or larger grouting holes, located near the centers , so that when the plates are installed there will be one line of holes on each side of the tunnel and one at the crown ; the lower line of holes on each side shall be not more than 18 inches above the invert. The holes in each line shall be not more than 9 feet apart and shall be staggered. All space between the lining and the earth shall be filled with grout forced in under pressure . The grout shall be mixed in the volumetric proportions of two parts Portland cement, one part fly ash, and not to exceed six parts of sand . Enough water shall be used to produce , when well mixed , a grout hav ing the consistency of thick cream . As the pumping through any hole is stopped , it shall be plugged to prevent backflow of grout. Grouting shall be performed in a sequence which will preclude deflections exceeding 5 percent of the tunnel diameter. 3. END CLOSURE. At all locations where the liner plate tunnel intersects shafts or manholes where soil material could migrate into the open space between the tu nnel and the carrier pipe , br ick and mortar bu lkheads shall be constructed to preven t migratio n of the so il bac kfill in th e shaft s or arou nd th e manh oles . Bri c k shall be in co nfo rm anc e with ASTM 1012310a A SC-38 - - PART DA -ADDITIONAL SPECIAL CONDITIONS C90 and cement with ASTM C150, Type 1. The bulkheads shall be a minimum of eight inches in thickness. Storm Drain Structure Repair shall be performed in conformance with specification Item 444, "Manholes and Inlets", and Drawing No . S-SD1 through S-SD20 of the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction and shall further apply to all storm drainage facilities of a similar design and construction. DA-129 HINGED MANHOLE "PAMREX", or similar approved Manhole Cover and Frame. Covers and frames shall be manufactured from ductile iron. Covers shall be hinged, and incorporate a 90 degree blocking system to prevent accidental closure when in the open position. Covers shall be one man operable using standard tools and shall be capable of withstanding a test load of 80,000 lbs. Frames shall incorporate a continuous seating ring, have a 32 " clear opening , frame depth shall not exceed 5", the flange shall incorporate bedding slots and bolt holes. All components shall be black coated. The manhole frame shall be installed with the hinge end aligned with the flow of traffic to allow traffic to close frame when gas pressure partially lifts lid . The contractor SHALL provide the manufactures locking mechanism . DA-130 T-LOCK SHEET LINER A. General For M-253 Part 1, this item, if used, will be incidental to the manhole pay item. This specification covers the supply and installation of a flexible sheet liner with locking extensions in reinforced concrete pipe and auxiliary structures to effectively protect the exposed concrete surfaces from corrosion . To accomplish this , the liner must be continuous and free of pinholes both across the joints and in the liner itself. All work for and in connection with the installation of the lining in concrete pipe, and the field sealing and welding of joints , shall be done in strict conformity with all applicable specifications , instructions and recommendations of the lining manufacturer. The manufacturer of the lining shall furnish an affidavit attesting to the successful use of its material as a lining for sewer pipes for a minimum period of 40 years in sewage conditions recognized as corrosive or otherwise detrimental to concrete. B. MATERIAL a) Liner sha ll be Amer-Plate T-Lock as manufactured by Ameren Protect ive Linings Division , Brea , California or approved equal. 1. Composition 10/23/08 a) The material used in t he li ner, welding strips , and ot her accessory items , shall be a comb ina ti on of poly vi nyl chlor ide res in, pigment s and plas ti cizers , spec iall y compounded t o remai n f lexible . Po ly viny l ch lo ride re si n shall co nstitute not less t ha n ... ASC-39 PART DA -ADDITIONAL SPECIAL CONDITIONS 99 percent, by weight, of the resin used in the formulation . Copolymer resins will not be permitted. Linear Low Density Polyethylene (LLDPE) may also be specified .. 2. Physical Properties a) All plastic liner plate sheets, welding strips and other accessory items, shall have the following physical properties when tested at 77°F± 5° (25°C±3°). Property Initial (Par.2 .4) Tensile Strength 2200 psi min. (15 Mpa min.) 2100 psi min. (14.5 Mpa min.) Elongation at break 200% min. 200% min . Shore durometer, Type D (with respect to initial test result) 1-sec, 50-60 10-sec. 35-50 ±5 ±5 Weight change 1.5% b) Tensile specimens shall be prepared and tested in accordance with ASTM D412 using Die B. Weight change specimens shall be 1-inch (25-mm) by 3-inch (75-mm) samples . Specimens for testing of initial physical properties may be taken from liner plate sheet and welding strip at any time prior to final acceptance of the work. c) Liner plate locking extensions embedded in concrete shall withstand a test pull of at least 100 pounds per linear inch (1800 kg/cm), applied perpendicularly to the concrete surface for a period of one minute, without rupture of the locking extensions or withdrawal from embedment. This test shall be made at a temperature of 70°-80°F (21 ° -27°C) inclusive. d) All plastic liner plate sheets, including locking extensions, all joint, corner and welding strips shall be free of cracks, cleavages or other defects adversely affecting the protective characteristics of the material. The engineer may authorize the repair of such defects by approved methods. e) The lining shall have good impact resistance, shall be flexible and shall have an elongation sufficient to bridge up to 1/4" (6mm) settling cracks , which may occur in the pipe or in the joint after installation without damage to the lining. f) The lining shall be repairable at any time during the life of the pipe or structure . 3. Chemical resistance* 10/23/08 After conditioning to constant weight at 110°F (43°C), tensile specimens and weight change specimens shall be exposed to the following solutions for a period of 112 days at 77°F±5° (25°C±3°). At 28-day intervals, tensile specimens and weight change specimens shall be removed from each of the chemical solutions and tested in acco rdance with paragraph 2.3 C. If any specimen fa ils to meet the 112-day requ irements before completion , the mater ial will be subject to rejection. ASC-40 liiii - PART DA -ADDITIONAL SPECIAL CONDITIONS Chemical Solution Sulfuric acid Sodium hydroxide Ammonium hydroxide Nitric acid Ferric chloride Soap Detergent (linear alkyl benzyl sulfonate or LAS) Bacteriological Concentration 20%** 5% 5%** 1/%** 1% 0. 1% 0.1% BOD not less than 700 ppm. *This is to be used as a pre-qualification test and when material formulations are changed. **Volumetric percentages of concentrated C. P. grade reagents. 4. Details and dimensions of basic size sheets (4-foot wiqths) a) Liner sheets shall be a minimum of 0.065 inch (1.65 mm) in thickness . Locking extensions (T-shaped) of the same material as that of the liner shall be integrally extruded with the sheet. Locking extensions shall be approximately 2% inches (64mm) apart and shall be at least 0.375-inch (9-mm) high. b) Sheets shall have a nominal width of 48 inches (1200 mm) and a length of no more than 24 feet (7200 mm), except that longer lengths may be supplied on special order. Lengths specified shall include a tolerance at a ratio of ±1/4 inches (6 mm) for each 100 inches (2500 mm). c) Sheets not used for shop fabrication into larger sheets shall be shop tested for pinholes using an electrical spark tester set between 18 ,000 and 22,000 volts . Any holes shall be repaired and retested. d) Special sized , factory prewelded and tested sheets shall be available on special order. 5. Pipe-size sheets and accessories 10/23108 a) Pipe linings shall be supplied as pipe-size sheets, fabricated by shop-welding the basic-size sheets together. Shop welds shall be made by lapping sheets a minimum of % inch and . applying heat and pressure to the lap to produce a continuous welded joint. Tensile strength measure across shop-welded joints in accordance with ASTM D412 shall be at least 2000 psi (14 MPa). b) If required , strap channels shall be 1-inch (25-mm) wide maximum of 3/16 inch (5mm) remains . c) Sheets also can be supplied in prefabricated, pipe-size tubular-shaped sheets , ready to lower onto the inner pipe forms . These normally do not require the use of strap channels. ASC-41 PART DA -ADDITIONAL SPECIAL CONDITIONS d) Transverse flaps may be provided at the ends of sheets for pipe. Locking extensions shall be removed from flaps so that a maximum of 1/32 inch (1 mm) of the base of the locking extension is left on the sheet. e) Welding strips shall be approximately 1-inch (25-mm) wide with a minimum width of 7/8 inch (22mm). The edges of weld strips shall be beveled in the manufacturing process. Thickness of weld strip shall be a normal 1/8 inch (3 mm). f) Joint strips for pipe shall be 4-inches (100mm) wide with a minimum width of 3:V. inches (94 mm). Thickness of joint strips shall be a nominal of 3/32 inch (2.3 mm) g) Prior to preparing the sheets for shipment, they shall be tested for pinholes using an electrical spark tester set between 18,000 and 22,000 volts. Any holes shall be repaired and retested. C. Installation of Lining General 10123/08 a) Installation of the lining, including preheating of sheets in cold weather and the welding of all joints, shall be done in accordance with the recommendations of the liner manufacturer. All welding shall be completed by a certified welder. b) Coverage of the lining shall not be less than the minimum shown on the plans. c) The lining shall be installed with the locking extensions running parallel with the longitudinal avis of the pipe. d) The lining shall be held snugly in place against inner forms. e) Locking extensions shall terminate not more than 1 Y2 inches (38 mm) from the end of the inside surface of the pipe section. Joint flaps when used shall extend approximately 4 inches (100 mm) beyond the end of the inside surface. f) Concrete poured against lining shall be vibrated, spaded or compacted in a careful manner so as to protect the lining and produce a dense , homogenous concrete, securely anchoring the locking extensions into the concrete. g) In removing forms, care should be taken to protect the lining from damage. Sharp instruments shall not be used to pry forms from lined surfaces. When forms are removed , any nails that remain in the lining shall be pulled , without tearing the lining, and the resulting holes clearly marked. h) All nail and tie holes and all cut , torn and seriously abraded areas in the lining shall be patched. Patches made entirely with welding strip shall be fused to the liner over the entire patch area . Larger patches may consist of smooth liner sheet applied over the damaged area with adhesive. All edges must be covered with welding strip fused to the patch and the sound lining adjoining the damaged area. i) Hot joint compounds , such as coal tar, shall not be poured or applied to the lining. ASC-42 PART DA -ADDITIONAL SPECIAL CONDITIONS j) The contractor shall take all necessary measures to prevent damage to installed lining from equipment and materials used in or taken through the work. Application to Concrete Pipe -Special requirements. a) The lining shall be set flush with the inner edges of the bell or spigot end of a pipe section and shall extend to the opposite end or to approximately 4 inches (100 mm) beyond the opposite end depending upon the type of lining joint to be made with the adjoining concrete pipe . b) Wherever concrete pipe or cast-in-place structures protected with lining, join structures not so lined (such as brick structures, concrete pipe or cast-in-place structures with clay lining or clay pipe), the lining shall be extended over and around the end of the pipe and back into the structure for not less than 4 inches (100 mm). this protecting cap may be molded or fabricated from the lining material but need not be locked into the pipe. c) Where a pipe lateral (not of plastic lined concrete) is installed through lined concrete pipe, the seal between the lined portion and the lateral shall be made by the method prescribed for cast-in-place structures under Paragraph 3.4 B. d) Lined concrete pipe may be cured by standard curing methods. e) Care shall be exercised in handling, transporting and placing lined pipe to prevent damage to the lining . No interior hooks or slings shall be used in lifting pipe. All handling operations shall be done with an exterior sling or with a suitable fork lift. f) On pipe having 360° liner coverage, the longitudinal edges of the sheet shall be butt welded. Whe11 pipe tubes are furnished, these are shop-welded joints made in accordance with 2 .6 A g) No pipe with damaged lining will be accepted until the damage has been repaired to the satisfaction of the engineer. Field joints in lining for concrete pipe 10/23/08 a) The joint between sections of lined pipe shall be prepared in the following manner: If required, the inside joint shall be filled and carefully pointed with cement mortar in such a manner that the mortar shall not, at any point, extend into the pipe beyond the straight line connecting the surfaces of the adjacent pipe sections. Pipe joints must be dry before lining joints are made . b) All mortar and other foreign materials shall be removed from lining surfaces adjacent to the pipe joint, leaving them clean and dry, c) Field joints in the lining at pipe joints may be either of the following described types : Type P-1 : The j oint shall be made with a separat e 4-in ch ( 100-mm ) joint stri p and two welding strips. The 4-inch (100-mm) joi nt st ri p sha ll be centered over the joint , heat- ASC-43 PART DA -ADDITIONAL SPECIAL CONDITIONS sealed to the lining, then welded along each edge to adjacent liner sheets with a 1- inch (25-mm) weld strip. The 4-inch (100-mm) joint strip shall lap over each sheet a minimum of Yi inch (13 mm). Type P-2 The joint shall be made with a joint flap with locking extensions removed per Paragraph 2.6 D and extending approximately 4 inches (100 mm) beyond the pipe end. The joint flap shall overlap the lining in the adjacent pipe section a minimum of Yi inch (13 mm) and be heat-sealed in place prior to welding. The field joint shall be completed by welding the flap to the lining of the adjacent pipe using 1-inch (25-mm) weld strip. Care shall be taken to protect the flap from damage. Excessive tension and distortion in bending back the flap to expose the pipe during laying and joint mortaring shall be avoided . At temperatures below 50° F (10° C}, heating of the liner may be required to avoid damage. d) The joint flap or strip on beveled pipe shall be trimmed to a width (measured from the end of the spigot) of approximately 4 inches (100 mm) for the entire circumferential length of the lining. e) All welding of joints is to be in strict conformance with the specifications and instructions of the lining manufacture. Welding shall fuse both sheets and weld strip together to provide a continuous joint equal in corrosion resistance and impermeability to the liner plate. Hot air welding tools shall provide effluent air to the sheets to be joined at a temperature between 500° and 600°F (260° and 316° C). Welding tools shall be held approximately Yi inch (13 mm) from and moved back and forth over the junction of the two materials to be joined. The welding tool shall be moved slowly enough as the weld progresses to cause a small bead of molten material to be visible along both edges and in front of the weld strip . f) The following special requirement shall apply when the liner coverage is 360 degrees: When groundwater is encountered the lining joint shall not be made until pumping of groundwater has been discontinued for at least three days and no visible leakage is evident at the joint. When welding the downstream side of a joint strip or flap, do not weld 6 to 8 inches (150 to 200 mm) at the pipe invert to provide relief of potential future groundwater buildup. Application to cast-in-place concrete structures -Special requirements. 10123/08 a) Linear sheets shall be closely fitted and properly secured to the inner forms . Sheets shall be cut to fit curved and warped surfaces using a minimum number of separate pieces . b) Unless otherwise shown on the plans , the lining shall be returned at least 3 inches (75 mm) at the surfaces of contact between the concrete structure and items not of concrete (including manhole frames, gate guides , clay pipe or brick manholes and clay or cast iron pipes). The same procedure shall be followed at joints where the type of protective lining is changed or the new work is built to join existing unlined concrete. At each return , the returned liner shall be sealed to the item in contact with the plastic- lined concrete using Amer-Plate 19Y adhesive system. If the liner cannot be sealed with th is adhesive because of the joint at the return being too wide or rough or ASC-44 PART DA -ADDITIONAL SPECIAL CONDITIONS because of safety regulations, the joint space shall be densely caulked with lead wool or other approved caulking material to a depth of 2 inches (50 mm) and finished with a minimum of 1 inch (25 mm) of an approved corros ion resistant material. Joints in lining for cast-in-place concrete structures . a) Lining at joints shall be free of all mortar and other foreign material and shall be clean and dry before joints are made. b) Field joints in the lining shall be of the following described types, used as prescribed: Type C-1: The joint shall be made with a separate 4-inch (100-mm) joint strip and two welding strips. The 4-inch (100-mm) joint strip shall be centered over the joint, heat- sealed to the liner then welded along each edge to adjacent sheets with a 1-inch (25- mm) wide welding strip. The width of the space between adjacent sheets shall not exceed 2 inches (50 mm). The 4-inch (100-mm) joint strip shall lap over each sheet a minimum of Y2 inch (13 mm). It may be used at any transverse or longitudinal joint. Type C-2 The joint shall be made by lapping sheets not less than Y2 inch (13 mm). One 1-inch (25-mm) welding strip is required. The upstream sheet shall overlap the one downstream. The lap shall be heat-sealed into place prior to welding on the 1-inch (25-mm) welding strip. Type C-3: The joint shall be made by applying 2-inch (50-mm)-wide waterproof tape or 1-inch (25-mm)-wide welding strip on the back of the maximum X-inch (6-mm) gap butt joint or by some other method approved by the engineer to prevent wet concrete from getting under the sheet. After the forms have been stripped, a 1-inch (25 mm) welding strip shall be applied over the face of the sheet. c) All welding is to be in strict conformance with the specifications of the lining manufacturer and Paragraph 3.3 E. Testing and repairing damaged surfaces. a) After the pipe is installed in the trench , all surfaces covered with lining , including welds shall be tested with an approved electrical holiday detector (Tinker & Rasor Model No . AP-W with power pack) with the instrument set between 18,00 and 22 ,00 volts . All welds shall be physically tested by a nondestructive probing method . All patches over holes , or repairs to the liner wherever damage has occurred , shall be accomplished in accordance w ith Paragraph 3.1 H. Each transverse welding strip which extends to a lower edge of the liner will be tested by the purchasing agency. The welding strips shall extend 2 inches (50 mm) below the liner to provide a tab . A 10-pound (5kg) pull will be applied to each tab. The force will be applied norma l t o the face of t he structure by means of a spring balance. Liner adj oining the we lding strip will be held against the concrete during application of the force . The 10-pound (5 kg) pull w ill be maintained if a weld failure develops , until no further separation occ u rs . Defective welds will be retested after repairs have been made . T abs shall be trimmed away neatly by the installer of the lin e r after the we ldin g strip has passed in specti o n. Inspecti on sha ll be made withi n 2 day s after th e joint has 10/23/08 ASC-45 PART DA -ADDITIONAL SPECIAL CONDITIONS been completed in order to prevent tearing the projecting weld strip and consequently damage to the liner from equipment and materials used in or taken through the work . DA-131 PASSIVE ODOR CONTROL FOR VENT PIPE A. GENERAL 10/23108 1. SECTION INCLUDES a. Media Adsorption Hardware b. Media c. Manufacturer's Services 2. REFERENCES a. American Society of testing and Materials ( ASTM ): 1. ASTM D-3299-88 Standard Specification for Filament Wound Glass Fiber Reinforced Thermosetting Resin Chemically Resistant Tanks . b. Voluntary Product Standard 1. PS 15-69 c. Uniform Building Code ( UBC ) 3. DEFINITIONS a. PPL: polypropylene b. PVC: polyvinyl chloride c. CFM Cubic Feet per Minute 4. SYSTEM DESCRIPTION a. The Contractor shall furnish and install the self-contained canister described herein. The purpose of these canisters shall be to remove H2S and other odors or voes emanating from ambient emissions . Each canister includes the following: 1. Adsorber Canister 2. Media b. The canister and media function as a system and shall be the end products of Bay Products, Inc. or equal, to achieve standardization for appearance, operation, maintenance, spare parts, and manufacturer's services .. The unit must be capable of being submersed with out the media becoming wet. c. There will be ( ) absorption canisters required, as delineated below: System Quantity CFM-Vessel Dimensions DesiQnation maximum VENT-A-SO RB 15 30"L x 6 .50"W ocu 5. SU BM ITT ALS ASC-46 PART DA -ADDITIONAL SPECIAL CONDITIONS a. Submit the following items at the same time under one cover (1 week after receipt of order): 1. Documentation to demonstrate that the reaction system is the standard product of the supplier. 2. Documentation to demonstrate that the manufacturer has been regularly engaged in fabricating odor control systems for at least 5 years. 3. Shop drawings and/or catalog cuts of supplied items. b. Submit also the following (1 week after receipt of order): 1. Installation Instructions 2. Operation and Maintenance Instructions B. PRODUCTS 1. GENERAL 10/23/08 a. The Contract Documents indicate specific required features of the equipment, but do not purport to cover all details of design and construction. 2. ADSORPER CANISTER (S) a. The self-contained, adsorber canister shall be a VENT-A- SORB Canister, as supplied by Bay Products, Inc. (1-800- 429-8175) or equal. b. The adsorber canister shall be manufactured of Schedule 40 PVC, or equal. The canister shall have no moving parts. c. The adsorber canister shall contain the carbon bed with a polyethylene screen on both ends of mesh size 0.94" and a weight of 96 lbs/MSF. Adsorber design shall utilize "Plug Flow" air distribution (the air passes through the media bed uniformly, exiting through the outlet) d. The canister shall have the following features: d. e. f . 1. 2. Inlet: 8" ANSI 150# Flanged , PVC Sch 40 construction Outlet: 2" opening with screen with 2" PVC ball check valve with EPDM seal The canister shall be rated at +/-20 psig The canister shall be capable of operating at an air flow rate of up to 15 CFM The flanged inlet shall be provided with a EPDM or Neoprene gasket for water tight seal on vent pipe . ASC-47 PART DA -ADDITIONAL SPECIAL CONDITIONS 3. MEDIA a. The media utilized by the reactor vessel shall be provided by the system supplier and supplied separately to be installed by others after vessel installation. b. MEDIA: The amount of media (OdorSorb-max) contained is 10 pounds and shall have the following properties: Carbon Tetrachloride Activity (wt. %) Hardness Number Moisture Content Ash Content Mean Particle Diameter (MPD) Apparent Density (g/ml) Total Surface Area (N 2 --BET method) Ignition Temperature (ASTM) Typical H2S Capacity 60 min. 99% min. 10% max. 10% max. 4 mm, pellets 0.480 to 0.520 1050 to 1150 m 2/gm 4507C 0.22 glee * The determination of H 2 S breakthrough capacity will be made by passing a moist ( 85% R.H. ) air stream containing 1 % H 2S at a rate of 1,450 cc/min. through a 1 inch diameter by 9 inch deep bed of uniformly packed activated carbon and monitored to 50 ppm breakthrough. Results are expressed in grams H2 S removed per cc of carbon. C. EXECUTION 1. MANUFACTURER'S SERVICES a . No on-site assistance shall be required . The adsorber canister shall come with installation instructions, which allow the operator to install the lJnit without Manufacture's supervision. 2 . QUALITY ASSURANCE a . The engineer may provide and direct inspectors to inspect the equipment at the place of manufacture or upon a rrival at the job site. The manufacturer shall furn ish all reasonable assistance, if required by the engineer or inspector, for the proper inspection of the work. Inspection shall not relieve the manufacturer from any obligation to perform the work strictly in accordance with this specification. Work not so performed shall be replaced by the manufacturer at his own expense . D . LOCATIONS 10123/08 Odor Contro l devi c e s for ve nt pi pes are t o be loc at e d at Proposed M-24 4A Pa ralle l Collector Stati on as shown in the manhole c a ll outs in the p la ns. A SC -48 - PART DA -ADDITIONAL SPECIAL CONDITIONS DA-132 NEW STRUCTURE INTERIOR MANHOLE COATING RAVEN LINNING SYSTEM For M-253 Part 1, this item, if used, will be incidental to the manhole pay item. This specification covers work, materials and equipment required for protecting and/or rehabilitating concrete and masonry manholes and other underground structures by monolithic spray-application of a high- build, solvent-free epoxy coating to eliminate infiltration, provide corrosion protection, repair voids gnd enhance structural integrity. Procedures for surface preparation, cleaning, application and testing are described PART 1 GENERAL 1. SECTION INCLUDES A. Requirements for surface preparation, repairs and solvent-free epoxy coating application to specified surfaces. 2. RELATED SECTIONS A. Concrete Repair. B. Environmental, Health and Safety. 3. REFERENCES A. ASTM D638 -Tensile Properties of Plastics. B. ASTM D790 -Flexural Properties of Unreinforced and Reinforced Plastics. C. ASTM D695 -Compressive Properties of Rigid Plastics. D. ASTM D4541 -Pull-off Strength of Coatings Using a Portable Adhesion Tester. E. ASTM D2584 -Volatile Matter Content. F. ASTM D2240 -Durometer Hardness, Type D. G. ASTM D543 -Resistance of Plastics to Chemical Reagents . H. ASTM C109 -Compressive Strength Hydraulic Cement Mortars . I. ACI 506.2-77 -Specifications for Materials , Proportioning, and Application of Shotcrete. J. ASTM C579 -Compressive Strength of Chemically Setting Silicate and Silica Chemical Resistant Mortars . K. ASTM -The published standards of the American Society for Testing and Materials, West Conshohocken, PA. L. NACE -The published standards of National Association of Corrosion Engineers (NACE International}, Houston, TX. M. SSPC -The published standards of the Society of Protective Coatings, Pittsburgh , PA. N. Los Angeles County Sanitation District -Evaluation of Protective Coatings for Concrete 0 . SSPWC 210-2.3.3 -Chemical resistance testing published in the Standard Specifications for Public Works Construction, 1997 edition (otherwise known as "The Greenbook") 4. SUBMITTALS A. The following items shall be submitted: · 1012310a ASC-49 PART DA -ADDITIONAL SPECIAL CONDITIONS 1. Technical data sheet on each product used, including ASTM test results indicating the product conforms to and is suitable for its intended use per these specifications. 2. Material Safety Data Sheets (MSDS) for each product used. 3. Project specific guidelines and recommendations. 4. Applicator Qualifications: a. Manufacturer certification that Applicator has been trained and approved in the handling, mixing and application of the products to be used . b. Certification by the protective coating manufacturer that the equipment to be used for applying the products has been approved and Applicator personnel have been trained and certified for proper use of the equipment. c. Two (2) years contracting experience under current company name and three (3) recent references of projects of similar size and scope . Applicator must also provide references indicating successful application on underground concrete or masonary substrates of a minimum 10,000 vf of 100% solids, high-build solvent-free epoxy coating by heated , plural component spray application. d. Proof of any necessary federal, state or local permits or licenses necessary for the project. 5. Design details for any additional ancillary systems and equipment to be used in site and surface preparation, application and testing. 6. Or Equal Submittal: In order to be considered as an equal product, said product will have to meet the minimum characteristics as measured by the applicable ASTM standards referenced in paragraph Part 2. 4 as measured by the applicable ASTM standards referenced in paragraph Part 1.3. Testing results must be performed and presented by a bonded , third-party testing laboratory. Note: Equal products must be approved a minimum of two (2) weeks prior to bid date. In order for a product to be considered equal the submitted product must provide proof of successfully passing the Los Angeles County Sanitation Districts Coating Evaluation Study or evidence from the City of Los Angeles Department of General Services Standards Division indicating the Department tested and the product "passed " SSPWC Section 210-2.3 Chemical Resistance Test. An applicator that has been trained and certified by the manufacturer must install all products. Prior pre-approval is required to determine if the prospective product may be bid on this project. A product may be rejected as unacceptable should submittal to Owner not be received a minimum of two (2) weeks prior to bid date. 5. QUALITY ASSURANCE A. Applicator shall initiate and enforce quality control procedures consistent with applicable ASTM , NACE and SSPC standards and the epoxy coating manufacturer's recommendations. 1012310s ASC-50 PART DA -ADDITIONAL SPECIAL CONDITIONS B. A NACE certified coating inspector ("Inspector") shall be provided by Owner. The Inspector will observe surface preparation, application and material handling procedures to ensure adherence to the specifications. 6. STORAGE AND HANDLING A. Products are to be kept dry, protected from weather and stored und~r cover . B. Products are to be stored and handled according to their material safety data sheets. 7. SITE CONDITIONS A. Applicator shall conform with all local, state and federal regulations including those set forth by OSHA, RCRA and the EPA and any other applicable authorities. 8. WARRANTY A. Applicator shall warrant all work against defects in materials and workmanship for a period of one (1) year, unless otherwise noted, from the date of final acceptance of the project. Applicator shall, within a reasonable time after receipt of written notice thereof, repair defects in materials or workmanship which may develop during said one (1) year period, and any damage to other work caused by such defects or the repairing of same, at his own expense and without cost to the Owner. PART 2 -PRODUCTS 1. EXISTING PRODUCTS A. Standard Portland cement or new concrete (not quick setting high strength cement) must be well cured prior to application of the epoxy coating. B. Cementitious patching and repair materials should not be used unless proof of suitability and procedures for topcoating with an epoxy coating are approved by the epoxy coating manufacturer. Project specific submittals should be provided including application, cure time and surface preparation procedures which permit optimum bond strength with the epoxy coating . C. Remove existing coatings prior to application of the new epoxy coating. Applicator is to maintain strict adherence to applicable NACE and SSPC recommendations with regard to proper surface preparation and compatibility with existing coatings. 2. EPOXY COATING MANUFACTURER A. Raven Lining Systems, Inc., Tulsa, Oklahoma 800-324-2810 or 918-584-2810 or FAX 918-582-4311. B. Pre-approved equal. 3. REPAIR MATERIALS A. Repair materials shall be used to fill voids, structurally reinforce and/or rebuild surfaces , etc. as determined necessary by the Owner and epoxy coating applicator. Repair materials must be compatible with the specified epoxy coating and shall be applied in accordance with the manufacturer's recommendations. B. The following products may be accepted and approved as compatible repair basecoat materials for epoxy topcoating for use within the specifications : 1. 100% solids , solvent-free epoxy grout specifically formulated for epoxy topcoating compatibility . The epoxy grout manufacturer shall provide instructions for trowel or spray application and for epoxy topcoating procedures . 1012 310 s ASC-51 PART DA -ADDITIONAL SPECIAL CONDITIONS 2. Factory blended, rapid setting, high early strength, fiber reinforced, non- shrink repair mortar that can be trowelled or pneumatically spray applied may be approved if specifically formulated to be suitable for epoxy topcoating. 4. EPOXY COATING A. Raven Lining Systems' Raven 405 epoxy coating system -a 100% solids, solvent- free two-component epoxy resin system thixotropic in nature and filled with select fillers to minimize permeability and provide sag resistance acceptable to these specifications, shall be applied at 125 mil average thickness. Product type Color Solids Content (vol % ) Mix Ratio Compressive Strength, psi Tensile Strength, psi Tensile Elongation, % Flexural Modulus, psi Hardness, Type D Bond Strength -Concrete Chemical Resistance: Severe Municipal Sewer: Successful Pass: Amine cured epoxy ·ught Blue 100 3:1 18,000 7,600 1.50 600 ,000 88 > Tensile Strength of Concrete All types of service Sanitation District of L.A. County Coating Evaulation Study or SSPWC 210.2.3 .3 5. EPOXY COATING APPLICATION EQUIPMENT A. Manufacturer approved heated plural component spray equipment shall be used in the application of the specified epoxy coating. 6. REPAIR MATERIAL SPRAY APPLICATION EQUIPMENT (if spray applied) A. Spray applied repair materials shall be applied with manufacturer approved equipment. PART 3 -EXECUTION 1. ACCEPTABLE APPLICATORS A. Repair material applicators shall be trained to properly apply the cementitious mortar according to manufacturer's recommendations. B. Epoxy coating must be applied by a Certified Applicator of the epoxy coating manufacturer and according to manufacturer specifications. 2. EXAMINATION A. All structures to be coated shall be readily accessible to Applicator. B. Appropriate actions shall be taken to comply with local , state and federal regulatory and other applicable agencies with regard to environment , health and safety. C . Any active flows shall be dammed, plugged or diverted as required to ensure that the liquid flow is maintained below the surfaces to be coated . Flows should be totally plugged and/or diverted when coating the invert . All extraneous flows into the manhole or vaults at or above the area coated shall be plugged and/or diverted until the epoxy has set hard to the touch . 10123108 ASC-52 PART DA -ADDITIONAL SPECIAL CONDITIONS D. Installation of the epoxy coating shall not commence until the concrete substrate has properly cured in accordance with these specifications. E. Temperature of the surface to be coated should be maintained between 40 deg F and 120 deg F during application. Prior to and during application, care should be taken to avoid exposure of direct sunlight or other intense heat source to the structure being coated. 3. SURFACE PREPARATION A. Applicator shall inspect all specified surfaces prior to surface preparation. Applicator shall notify Owner of any noticeable disparity in the surfaces which may interfere with the proper preparation or application of the repair material and/or epoxy coating. B. Applicator shall perform all surface preparation and epoxy coating installation. C. All contaminants including: oils, grease, incompatible existing coatings, waxes, form release, curing compounds, efflorescence, sealers, salts, or other contaminants shall be removed. All concrete or mortar that is not sound or has been damaged by chemical exposure shall be removed to a sound concrete surface or replaced. D. Surface preparation method(s) should be based upon the conditions of the substrate, service environment and the requirements of the repair materials and/or epoxy coating to be applied. Surfaces to receive repair materials and/or epoxy coating shall be cleaned and abraded to produce a sound surface with adequate profile and porosity to provide a strong bond between the repair materials and/or epoxy coating and the substrate. E. Infiltration shall be stopped by using a material which is compatible with the repair materials and is suitable for topcoating with the epoxy coating . F. All surfaces should be inspected by the Inspector during and after preparation and before the repair material is applied. 4. APPLICATION OF REPAIR MATERIALS A. Areas where structural steel has been exposed or removed shall be repaired in accordance with the Owner's recommendations . B. Repair materials shall meet the specifications herein. The materials shall be trowel or spray applied utilizing proper equipment on to specified surfaces. The material thickness shall be specified by the Owner according to the projects' requirements and manufacturer's recommendations. C. Cementitious repair materials shall be trowelled to provide a smooth surface with an average profile equivalent to coarse sandpaper to optimally receive the epoxy coating. No bugholes or honeycomb surfaces should remain. D. The repair materials shall be permitted to cure according to manufacturer recommendations. Curing compounds should not be used unless approved for compatibility with the specified epoxy coating . E. After abrasive blast and leak repair is performed, all surfaces shall be inspected for remaining laitance prior to epoxy coating application. Any evidence of remaining contamination or laitance shall be removed by additional abrasive blast, shotblast or other approved method. If repair materials are used , refer to these specifications for surface preparation. Areas to be coated must also be prepared in accordance with these specifications after receiving a cementitious repair material and prior to application of the epoxy coating. 1012310s ASC-53 5. PART DA -ADDITIONAL SPECIAL CONDITIONS F. All surfaces should be inspected by Inspector during and after preparation and before the epoxy coating is applied . APPLICATION OF EPOXY COATING A. Application procedures shall conform to the recommendations of the epoxy coating manufacturer, including material handling, mixing, environmental controls during application, safety, and spray equipment. 8. The spray equipment shall be specifically designed to accurately ratio and apply the specified epoxy coating materials and shall be regularly maintained and in proper working order. C . The epoxy coating material must be spray applied by a Certified Applicator of the epoxy coating manufacturer. D. Specified surfaces shall be coated by spray application of a moisture tolerant, solvent-free, 100% solids, epoxy coating as further described herein. Spray application shall be to a minimum wet and dry film thickness as defined below: Concrete, New/Smooth Manholes: 125 mils average for immersion, 60-80 mils average for atmospheric, splash and spill service Concrete, New/Smooth Lift Stations 125 mils average, thicker coating Wet Wells or Junction Boxes : may be required based upon prepared surface profile Concrete , New/Smooth Deep Tunnel Shafts or RCP Pipe: 125 mils average , thicker coating may be required based upon prepared surface profile. F. If necessary, subsequent topcoating or additional coats of the epoxy coating should occur as soon as the basecoat becomes tack free, but no later than the recoat window for the specified products. Additional surface preparation procedures will be required if this recoat window is exceeded. G. (Optional) Fiberglass woven-roving fabric may be rolled into the resin or chopped glass spray applied with the resin for added tensile and flexural strength where desired. Sloped surfaces of the floor may be made non-skid by broadcasting aluminum oxide or silica sand into the surface prior to gelation. H. (Optional) Depending on flow levels and how long flow can be stopped, inverts may be lined with an approved 100% solids, fast setting epoxy coating. 6. TESTING AND INSPECTION A. During application , Applicator shall regularly perform and record epoxy coating thickness readings with a wet film thickness gage , such as those available through Paul N. Gardner Company , Inc. meeting ASTM 04414 -Standard Practice for Measurement of Wet Film Thickness of Organic Coatings by Notched Gages, to ensure a monolithic coating and uniform thickness during application. A minimum of three readings per 200 square foot area shall be recorded . Applicator will submit all documentation on thickness readings to Inspector on a daily basis when coating application occurs . 8 . Applicator may perform holiday detection on all su rfaces coated with the epoxy coating in the presence of Inspector. Afte r the epoxy coat ing has set hard to the 1012 310s ASC-54 - - 10123/08 PART DA -ADDITIONAL SPECIAL CONDITIONS touch, surfaces shall first be dried, an induced holiday may then be made on to the coated concrete surface and shall serve to determine the minimum/maximum voltage to be used to test the coating for holidays at that particular area. The spark tester shall be initially set at 100 volts per 1 mil (25 microns) of film thickness applied but may be adjusted as necessary to detect the induced holiday (refer to NACE RP0188-99). All detected holidays shall be marked and repaired by abrading the coating surface with grit disk paper or other hand tooling method. After abrading and cleaning, additional epoxy coating material can be hand applied to the repair area. All touch-up/repair procedures shall follow the epoxy coating manufacturer's recommendations. (Note: This procedure is sometimes difficult or impossible to perform in tight manhole or vault structures or may provide unreliable readings when testing coatings applied to concrete.) C. Upon Owner's request a minimum of 10% of the total structures coated in each basin and or subdivision may be subjected to random adhesion (bond) testing per this section. Measurement of bond strength of the epoxy coating to the substrate may be examined in accordance with ASTM D4541. Any areas detected to have inadequate bond strength shall be evaluated by the Owner. The adhesion (bond) testing shall be conducted by using 3 test dollys per structure. One test dolly shall be affixed within 2 ft of the bench area/bottom of structure, one test dolly shall be affixed in the middle of the structures wall area and the final test dolly shall be affixed within two foot of the top of the chimney area/top of the structure. Further bond tests may be performed in that area to determine the extent of potentially deficient bonded area and repairs shall be made by Applicator in strict accordance with manufacturer's recommendations. D. (Optional) Manholes coated in their entirety may be vacuum tested. All pipes entering the manhole should be plugged, taking care to securely place the plug from being drawn into the manhole . The test head shall be placed and the seal inflated in accordance with the manufacturer's recommendations . A vacuum pump of ten (10) inches of mercury shall be drawn and the vacuum pump shut off. With the valves closed, the time shall be measured for the vacuum to drop to nine (9) inches. Following are minimum allowable test times for manhole acceptance at the specified vacuum drop: DEPTH (FEET) 4 8 12 16 20 24 TIME (SECONDS) 48" diameter 10 20 30 40 50 59 60" diameter 13 26 39 52 65 78 72" diameter 16 33 49 67 81 97 Add for 2ft. more depth : 5 6 .66 8 Note : These numbers have been taken from ASTM C 1244-93 (reapproved 2000). Latest standard edition will govern . If the manhole fails the initial test , repairs and adjustments necessary due to extenuating circumstances (ie . pipe joint, liner , plug sealing) shou ld be made . Retesting shall proceed until a satisfactory test is obtained. ASC-55 PART DA -ADDITIONAL SPECIAL CONDITIONS E. A final visual inspection shall be made by the Inspector and Applicator. Any deficiencies in the finished coating shall be marked and repaired by Applicator according to the procedures set forth herein. F. The municipal sewer system may be put back into non-severe operational service as soon as the final inspection has taken place. Consult epoxy coating manufacturer for further recommendations. PART4 1. MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per vertical foot for manholes and incidental to the Contract Unit Price per Structure 1 and Structure 2, 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 providing corrosion protection on ceiling and top of exposed pipe on "Typical Sanitary Manhole" (5' diameter), grouting of pipe seals, bench and trough and manhole walls shall be included in the Contract Unit Price for each manhole or structure. DA-133 CUT AND PLUG This section clarifies cutting and plugging on this project. The cutting and plugging of sewers includes all related costs to brick bulkhead pipe, backfill excavation and return area to the original or better condition. When a pipe is excavated for cutting and plugging pipe, the pay item "cut and plug" includes cutting through the entire existing pipe and installing a brick bulkhead. The bulkhead shall be brick with non-shrink grout that is specified by the City for use in sanitary sewer construction. Payment for this item is for the each brick bulkhead. DA-134 ANTI-FLOATATION PROTECTION This section states that the Contractor shall place Anti-floatation Protection along the proposed sewer line as shown on the plan or as approved by the City representative. The related Pay Item includes all the labor, material , equipment and associated costs. The unit cost of this item will be per linear foot of pipe length this improvement is installed. Details of this improvement are shown on the plan sheets. DA-135 FIBERGLASS REINFORCED POLYMER MORTAR PIPE FOR TUNNEL CARRIER INSTALLATION-GRAVITY SERVICE A. GENERAL 1. Section Includes a) Reinforced Polymer Mortar Pipe. b) Fiberglass Reinforced Polymer Mortar Manholes and Tee Bases. 10/23/08 ASC-56 PART DA -ADDITIONAL SPECIAL CONDITIONS 2. References a) ASTM 03262 -Standard Specification for "Fiberglass" (Glass-Fiber-Reinforced Thermosetting-Resin) Sewer Pipe. b) ASTM 04161 -Standard Specification for "Fiberglass" (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe Joints Using Flexible Elastomeric Seals. c) ASTM 02412 -Standard Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading. 3. Specifications a) The specifications contained herein govern, unless otherwise agreed upon between the purchaser and supplier. B. PRODUCTS 1. Materials a) Resin Systems: The manufacturer shall use only polyester resin systems with a proven history of performance in this particular application. The historical data shall have been acquired from a composite material of similar construction and composition as the proposed product. b) Glass Reinforcements: The reinforcing glass fibers used to manufacture the components shall be of highest quality commercial grade E-glass filaments with binder and sizing compatible with impregnating resins. c) Silica Sand : Sand shall be minimum 98% silica with a maximum moisture content of 0.2%. d) Additives: Resin additives, such as curing agents, pigments, dyes , fillers, thixotropic agents, etc., when used , shall not detrimentally effect the performance of the product. e) Elastomeric Gaskets: Gaskets shall be supplied by approved gasket manufacturers and be suitable for the service intended. 2. Manufacture and Construction 10/23/08 a) Pipes : Manufacture pipe to result in a dense , nonporous, corrosion-resistant , consistent composite structure . b) Joints: Unless otherwise specified , the pipe shall be field connected with fiberglass sleeve couplings or bell-spigot joints, "flush " or "non-flush " that utilize elastomeric sealing gaskets as the sole means to maintain joint watertightness . The joints must meet the performance requirements of ASTM 04161 . Joints at tie-ins , when needed , may ut ilize fiberglass , gasket-sealed closure couplings. ASC-57 PART DA -ADDITIONAL SPECIAL CONDITIONS c) Fittings: Flanges, elbows, reducers, tees, wyes, laterals and other fittings shall be capable of withstanding all operating conditions when installed. They may be contact molded or manufactured from mitered sections of pipe joined by glass-fiber-reinforced overlays. Properly protected standard ductile iron , fusion-bonded epoxy-coated steel and stainless steel fittings may also be used. 3. Dimensions a) Diameters: The actual outside diameter (18" to 48") of the pipes shall be in accordance with ASTM D3262. For other diameters, OD's shall be per manufacturer's literature. b) Lengths: Pipe shall be supplied in nominal lengths of 20 feet. When required by radius curves, pit size, or other limitations restrict the pipe to shorter lengths, nominal sections of 10 feet or other even divisions of 20 feet shall be used. Actual laying length shall be nominal +1, -4 inches. At least 90% of the total footage of each size and class of pipe, excluding special order lengths, shall be furnished in nominal length sections. c) Wall Thickness: The minimum wall thickness shall be the stated design thickness. d) End Squareness: Pipe ends shall be square to the pipe axis with a maximum tolerance of 1/8". e) Manholes: Dimensions of manholes are shown on the plans or shall be submitted by the Contractor for approval. In general the tee base opening to the manhole riser shall be as large as the pipe diameter or as wide as the manhole frame cover. For the M-244A parallel collector project the size shall be 36" in diameter. 4. Testing a) Pipes: Pipes shall be manufactured and tested in accordance with ASTM D3262. b) Joints: Joints shall meet the requirements of ASTM D4161 c) Stiffness: Minimum pipe stiffness when tested in accordance with ASTM D2412 shall normally be 46 psi. 5. Customer Inspection a) The Owner or other designated representative shall be entitled to inspect pipes or witness the pipe manufacturing. b) Manufacturer's Notification to Customer: Should the Owner request to see specific pipes during any phase of the manufacturing process , the manufacturer must provide the Owner with adequate advance notice of when and where the production of those pipes will take place . 6. Packaging , Handling , Shipping 10/23108 a) Packaging , handling , and shipp ing shall be done in accordance with the manufacturer's instructions . ASC -58 PART DA -ADDITIONAL SPECIAL CONDITIONS C. E X E C U T I O N 1. Installation a) Installation: The installation of pipe and fittings shall be in accordance with the project plans and specifications and the manufacturer's requirements (Section 13 E of the product brochure). b) Pipe Grouting: Annular space grouting shall not damage the liner and shall conform to the manufacturer's requirements (Section 13 E of product brochure). Contractor shall verify that the grouting pressure is within the normal pressure rating of the pipe and liner. Submit anticipated grouting pressure to the engineer. c) Pipe Handling: Use textile slings, other suitable materials or a forklift. Use of chains or cables in not recommended. d) Jointing: 1) Clean ends of pipe and coupling components. 2) Apply joint lubricant to pie ends or bell interior surfaces and the elastomeric seals. Use only lubricants approved by the pipe manufacturer. 3) Use suitable equipment and end protection to push or pull the pipes together. 4) Do not exceed forces recommended by the manufacturer for joining or pushing pipe. 5) Join pipes in straight alignment then deflect to required angle. Do not allow the deflection angle to exceed the deflection permitted by the manufacturer. 2. Field Tests 10/23/08 a. Field Testing 1) Contractor shall not use the Fort Worth Water Department Material Specification E2-9.7c Exfiltration Test Pneumatic Method : Air Test. The Contractor shall test according to the current edition of NCTCOG -Standard Specification for Public Works, 6.72f Low Pressure Air Test -3) Test Methods. The Time Pressure Drop Method will be used for this project 2) Infiltration / Exfiltration Test: Maximum allowable leakage shall be per local specification requirements. 3) Deflection: Maximum allowable long-term deflection is 5% of the initial diameter. End of Section. ASC-59 DESCRIPTION OF OPERATIONS SECTION CONTINUED CERTIFICATE HOLOER: City of Fort Worth, Texas 1000 Throckmorton Street Pt. Worth TX 76102 DESCRIPTION OF OPERATIONS CONTINUED : I NSURED : W.R. Hodgson Co., L.P . 10165 CR 106 Celina TX 7 500 9 Compensation, General Liability and Auto Liability policies . Insurance is primary and non-contributory subject to terms .nd conditions of the policy . DOC (10/2003) Page 3 o f 3 DATE 11/5/2009 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406 .96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No .4027 and City of Fort Worth Project No. P225- 701139990100. STATE OF TEXAS COUNTY OF TARRANT § § § ~ Be~re me, the undersigned authority, on this day personally appeared ~t N !l\t.k mw , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of W. R. Hodgson Co., LP. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 4~ day of A,J@""br , 20_0 _,_ PERFORMANCE BOND Bond No . 2105600 THI:: STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TAR.RANT § North American Specialty That wc (1) W.R. Hodgson Cu .• L.P. as Principal herein, and (2) 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 finnly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the s um of: Two Million One Hundred Thirtv-nine Thousand Six Hundred Eighty-three and 20/100 .............................. . ($2,139,683.20) Dollars for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly ;m<l s1w erally, firmly by these presents . WHEREAS, Principal has entered into a certain contract with the Obligee dated the 29th of September, 2009 a copy of which is attached hereto and made a part hereof, for the construction of: South Shore Sanitary Sewer Replacement Main 253, Part 1 on Randol Mill Road and Parallel to the Banks of the Trinity River NOW THEREFORE, the condition of this obligation is such. if the said Principle shall faithfully pertorm rh e work in accordance w ith the plans. spec ifi c ations, and coniract do cuments and shall fully indemnify and hold hannless the Oblig ec from all costs und dama g es which Obligee may suffer by reason of Principal 's default , and reimburse and repay Obl igee for ;ill o utlav and expense thai Obtigee may in c ur in makmg good such default. then this o b ligat ion s hal l be vo id ; otherwi s e . 10 rema in 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 thls bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED th.is 29thofSeptemlJer, 2009. :: -.. (Principal) Secre1ary (SEAL) Witness as to Principa l (SEAL) --- Cal~~ Witness as to Surety 5057 Keller Springs Rd ., Suite 400 Addison , TX (Address) 75001 BY: , I Title : Steven T . Nickman, Controller(e1<;, 10165 CR 106 Celina, TX 75009 (Address) North America~ Specialty Insurance Company San~~ Lee af ~f<i)~ 12770 Merit Dr., Suite 600, Dallas, TX 75251 (Address) NOTE: Date of Bond must not be prior to date of Contract (I) (2) (J) Correcl Name of Contractor Currtcl namt of Surely State of incorporation of Surety T elep ho m: number of surely must be s1ated. In addition. an original copy of Power of Anomey shall be attached to Bond by Atto rney-in -fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OFT ARRANT § § § Bond No . 2105600 PA Y!vfENT BOND KNOW ALL BY THESE PRESENTS : That we, (1) W.R. Hodgson Co., L.P., as Principal herein, and (2) North American Specialty Insurance Companya corporation organized and existing under the laws of the State of(3) New Hampshire, as surety, are held and fumly bound unto the City of Fort W orth, a municipal corporation located in Tarrant and Denton Counties , Texas, Obligee herein, in th e amount of Two Million One Hundred Thirty-nine Thousand Six Hundred Eighty- three and 20/100 .................................................................. Dollars ($2,139,683.20) for the payment whereof, the sni d Principal nnd 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 29th day of September, 2009. 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: South Shore Snnitnry Sewer Replacement Main 253. Part 1 on Randol Mill Road nnd Parallel to the Banks of the Trinity River NOW , THEREFORE , THE CONDITIO N OF THIS OBLIGATION IS SUCH, that if the said P1 incipai shall fai thfu lly make pa yment ro each a nd every claiman.t (as defined in C hap ter n53. Texas Government Code, as amended) supplying labor o r materials in the pro sec ution of the work under the contracr, then this obligation shall be vmci ; otherwise, to remain in fuii force anci effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Goverrunent 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 he rein. IN WITNESS WHEREOF, lhe duly authorizeLI representatives of the Principal ,md \he Surety have executed thi s instrument. SIGNED and SEALED this 29th day of. September2009. ATIEST: (Principal) Secretary Name: Steven T. Nickman Title: Controller kJ-o Address: 10165 CR 106 (SE AL ) -(1J (2) (3) cipal Celina, TX 75009 North American Specialty Insurance Company SURETY By: c:;20~ 4 D i1t,, D 'J Name: Sandra Lee Roney Attorney in Fact Address : 12770 Merit Drive ., Suite 600 Dallas, TX 75251 Telephone Number 972-776-8500 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. NAS SURETY GROUP NORTH AMERICAN SPECIAL TY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY 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 Itasca, Illinois, each does hereby make, constitute and appoint: SAMMY JOE MULLIS, JR., JOHN WILLIAM NEWBY, ROBERT DONALD HURST, PA TRICIA LEE BARTLETT, JULIE STORM, WILBERT RAYMOND WATSON, CAROLYN J. GOODENOUGH and SANDRA LEE RONEY JOINTLY OR SEVERALLY lts true and lawful Attorney(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 of: TWENTY-FIVE MILLION ($25,000,000.00) 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 24th 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 R}::SOL VED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certifkate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upo'!.lhe Curnp:i,ny when so affixed anu in the future with regard to any bond, undertaking or contract of surety to which it is attached." lk2-By~~~~~~~~~~~~~~~~~~~ S1e"u r. Amlenuu, P.-nttl~•• & Chh=t Executive Officer or WublD&tOD 1ateraadoaal la1urance Compaay & ~oior Vice Pr-esideot of North American Spedalty lasuraace Company By h~~~---. Dnid M. Layman, Sellior Vice PresideoforWuhiagtoa JntemaUonal lmuraoce Company & Vice President ofNortb American Specialty Iasunoce 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 30th day of September 20 JIB_. State of Illinois County of Du Page ss : North American Specialty Insurance Company Washington International Insurance Company On this 30th day of September 20~. 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 sworn, 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 resoective comoanies. Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 29thday of September , 2009 . James A. Carpenter, Vice President & Assistant Secretary of Washington International Imurance Company & North American Specialty lnsunincc Company IMPORTANT NOTICE In order to obtain information or make a complaint: You may contact Jim Carpenter, 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: 1-800-338-07 53 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 1200 Arlington Heights Road #400 Itasca, IL 60143 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM 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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter un queja: Puede comunicarse con Jim Carpenter, Vice President-Claims, al 1-800-338-0753. Usted puede Ilrunr al numero de telefono gratis de Washington International Insurance Company and/or North American Specialty Insurance Company's para infonnacion o para someter una queja al: 1-800-338-0753 Usted tambien puede escribir a Washington International Insurance Company and/or North American Specialty Insurance Company al: 1200 Arlington Heights Road #400 Itasca, IL 60143 Puede escribir al Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa 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 disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ESTE A VISO A SU PO LIZA: Este aviso es solo para proposito de infromacion y no se converte en parte o condicion del documento adjunto. MAINT !;.1\'.AN CE BONTI Bond No . 2105601 THE STATE OF TEXAS § COUNTY OFT ARR.A NT § That W. R. Hodgson Co., LP. ("Contr actor"), as principal, and North American Specialty Insurance Company a corporation organized under the laws of the State of New Hampshire , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Wortl1, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Te xas. the sum of Two Million One Hundred Thirty-nine Thousand Six Hundred Eighty- three and 20/100 ................................................................................................................... Dollars ($2,139,683.20), lawful money of th e United States, for payment of which sum well and truly be made unt o said City and its successors, s aid Contractor and Surety do hereby bind themselves, their heirs, executors , administrators , assigns and successors , jo intly and severally. This obligation is conditioned , however, that: WHEREAS , said Con tractor has thi s day ente red into a written Contract with th e City of Fort Worth , dated the 29th of Seotember, 2009 . a copy of wh ic h is here t o atta ched and made a part hereof . io, the pe rforman ce of t he fo ll ow in g de scrib ed pu blic im provemen ts : South Shore Sanitarv Sewer Reolacement Main 253, Part 1 on Randol Mill Road and Parallel to the Banks of the Trinitv River lhe same bein g referred to herein a nd in said contrac t as th e Vv'ork a nd being desi g nated as project number(s ) P225-701139990100 and said contract , including all of t he 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 sa id Contract. Cont ractor 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 i tself to maintain said work in good repair and cond ition for said term of Two (2) years; and WHEREAS, said Contractor binds itsel f 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, repa ir 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 sha ll 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.§ counterparts. each of which shall be deemed an original, this 29th day of September, A.D.2009. ~ WITNESS: f (""I t /II \ \0 CM L/ --- By:~q....:~.'.1---t.t..:--~===------- N~me : Steven T. lNickman Ti t le: Controller _ca::> North American Specialty Insurance Company Swety By :~oe~ Name: Sandra Lee Roney l Title: Attorney in Fact 12770 Merit Drive., Suite 600 Dallas , TX 75251 Address NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF AITORNEY 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 Itasca, Illinois , each does hereby make, constitute and appoint SAMMY JOE MULLIS , JR ., JOHN WILLIAM NEWBY, ROBERT DONALD HURST , PA TRICIA LEE BARTLETI, JULIE STORM, WILBERT RAYMOND WATSON, CAROLYN J. GOODENOUGH and SANDRA LEE RONEY JOINTLY OR SEVERALLY lts true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, tor 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 of: TWENTY-FIVE MILLION ($25,000,000 .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 24th 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 whe;:n so affixe;:u anu in the future with regard to any bond, undertaking or contract of surety to which it is attached." -,'-•.,.i.\\\1111111!,III ,.. acz_ ~~"l' I . H~~bii;j· . .. . = -·. ~1J/ . 51::•· _-, ~ By_~~----.;_----------~--.... 'E" ! U'\ : n. , Stenu r. AuLlcnuu, Fn:shlt:al &: CbM!f Exttuttve Officer or WublaKfOo Jareraadoaal lasunoce Compaay _ \ !..i_~ 1~.f/i j & Senior Vice Preside at of North American Specialty la:111r1.1ce Compaoy '~ _.. ~~.f.,A~'f.-·S ~ ,._~+,(Iii., .... ,·;,.,.~~~ -~;,. PN• IJ".~'11' -----11ltllm11111111« -By ~f'l~~~~ David M. Layman1 Sellior Vice PraideoforWuhlagtoo lntemaUonal lmunnce Company & Vice President ofNortb Americ.aa Specialty losu.nn.ce 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 cmthorized officers this 30th day of September 20 JIB_. State of Illinois County of Du Page ss: North American Specialty Insurance Company Washington International Insurance Company On this 30th day of September 20.QL 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 , Sen ior Vice President of Washington International Insurance Company and Vice President ofNorth American Specialty Insurance Company, personally known to me, who being by me duly sworn , acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be th e voluntary act and deed of their resoective comoanies. "OFflCIAL SP.Al!' NNA D .. SKI.ENS Nowy Pablio:, State of lllilltll Caumiwon F.lpirea 100Wlll Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF , I have se t my hand and affixed the seals of the Companies this 29thday of September , 2009 . James A. Carpenter, Vice President & A5.s istaal Secre tary ofW&Sb ington International Imurance Company & North American Specialty Insurance Company THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS This Contract made and entered into this the 29th day of September A.D ., 2009, by and between the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant County, Denton, Parker, and Wise Counties, Texas , by an through its duly authorized Assistant City Manager, ("Owner"), and W. R. Hodgson Co., L.P., ("Contractor"). Owner and Contractor may be referred to herein individually as a "Party" or collectively as the "Parties ." WITNESS ETH: 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 : South Shore Sanitary Sewer Replacement Main 253, Part 1 on Randol Mill Road and Parallel to the Banks of the Trinity River 2 . That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools , appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the 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 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 Port Worth and the City Council of the City of Fort Worth within a period of 180 calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Spec f~~~i1ld ~µt Hf1n Documents within the time so stipulated, plus any additional time allowed as pr )MS°{cf 'ri\'1lre~~M-~u CITY SECRETARY FT. WORTH, TX Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $630 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers , agents , employees , subcontractors, licensees or invitees , whether or not any such iniury. damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner. its officers, servants or employees .. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, upon the execution of this Contract, 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. All bonds furnish hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the Contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the 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. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates o/a , shall be Two Million One Hundred Thirty-nine Thousand Six Hundred Eighty-three and 20/100 .................................................................................................................... Dollars, ($2,139,683.20). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in ~ counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in~ counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the 29th day of September, A.D., 2009. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DIRECTOR, WATER DEPARTMENT ATIEST: W. R. Hodgson Co., L.P. 10165 CR 106 Celina, TX 75009 CONTRACTOR BY ~/~)~ Ci? TITLE /OtJ,5 Ct1.:,L, Cel1.,.K_ ' "'--:i 5oYi ADDRESS November 1960 Revised May 1986 Revised September 1992 CITY OF FORT WORTH FERNANDO COSTA, ASST CITY MANAGER CITY SECRETARY (SE AL) Q-a~i,2 Contr~ct Authorizatio~ . -1ld--s10:1 Date APPROVED AS TO FORM AND LEGALITY: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Easement No. 1 Easement No. SSE-lA SSE-1 SSE-2 SSE-3 SSE-4 SSE-5 Sanitary Sewer Replacement Main 253 -Part 1 Easement List Owner Robert L. Primm Owner Dustin K. Schaller (not acquired) Rio de Caballos (not acquired) Drainage Easement X Sanitary Sewer and Reuse Water Permanent Easement X X James D. & Suzanne S. Gaberino X James D. & Suzanne S. Gaberino X North Texas Acquisitions, LLC X (not acquired) Clarence Huffman Sanitary Sewer Permanent Easement X Note: Recorded documents were not available at the time of printing. Contact the City of Fort Worth for additional information. G :\FW02\0 15 5\Specs\Part l \Final\Easement Summary 113007.docx ROBERT L. PRIMM W.J. BONNER SURVEY, A-143 W.E . BALLARD SURVEY, A-242 EXHIBI T A EASEMENT DESCRIPTION DRAINAGE EASEMENT City of Fort Worth Sanitary Sewer Replacement M-253 DOE4027 TS Job No. P202020155 November l l , 2008 Pagel of2 Being a drainage easement situated in the W. J. Bonner Survey, Abstract Number 143 , and the W.E . Ballard Survey , Abstract Number 242, Tarrant County, Texas , and being a portion Lot 5, block 4 Waterchase Estates , an addition to the Ciiy of Fort Worth as recorded in Cabinet A, Slide 6869, Plat Records , Tarrant County , Te xas , and further being a portion of that certain tract of land described in a deed to Robert L. Primm , recorded in document 0205305973 , Deed Records , Tarrant County, Te xas (D.R.T.C .T.} and being more particularly described by metes and bounds as follows: COMMENCING at a1 /2 inch capped iron rod stamped "Landes & Assoc " found for the most southerly corner of said Lot 5, Block 4, from which a 1/2 inch capped iron rod stamped "Landes & Assoc" found bears S 07° 21 ' 20 " E, a distance of 40 .06 feet ; Thence N 69 ° 36' 02 " E, along the southeast line of said Lot 5, Block 4, a distance of 278.81 feet to the POINT OF BEGINNING ; Thence N 01 ° 29' 58" W, departing said southeast line , a distance of 35.43 feet; Thence N 43° 47' 21" E, a distance of 90.48 feet ; Thence S 46° 12 ' 39 " E, a distance of 81. 00 feet to a point on sa id southeast line ; Thence S 69° 36 ' 02" W, a distance of 128.20 feet to the POINT OF BEGINNING and containing 0.133 acre (5,813 square feet) of land, more or less. That I, David L. Dawson , a Registered Professional Land Surveyor in the State of Texas , hereby states that this survey was made from an actual on the ground survey made in November 2008 under my supervis ion , that all monuments xist as shown hereon and this survey substantially conforms with the current professiona l and techni a sta ards as set forth by the Te xas Board of Professional Land Surveying. Davi . Dawson Registered Professio nal Land Surveyor Te xas Reg istration No. 4672 Dated November 12 , 2008 Not e: Survey sketch to accompany this legal descrip tion. Not e: Basis of bearing = NAD83 Te xas North Central Zone (4202 ). Legend e · Marker found 'as noted' PfJB.· Point Of Beginning P.O.C.• Point Of Commencing ff. • Property Une !i • Survey LI ne GENERAL NOTES· I.· [{;/J!~:: 1:ff W. ffor';tctl/,tJ~0 /lfJ 2, A Lego! Description accompanies /lie survey skelc/J. 3.· Tlie Surveyor IKJs not ob.slrocted suojecl property. ll!erefore. every easement of record (wl!ell!er recorded or unrecorded) may not /Je slrkvn hereon. OR.T.C.T.· Deed Records.Tarrant County.Texas PR.T.C.T.· Plat Records. Tarrant County, Texas \ \ \ \ I \ \ \ ' \ \ \ I \ \ \ : \ \\I \ \ ...... I I ' I ' I I I CERTIFICATION: \' 'f \ ' ' \ I ' I \ I \\\ \· \ \ I \ \ \ ' \ \ / ' \ \ \ Doted November 12. 2008 \ \\ ' \ ~ \ \ \\ ,,-<\ \ \\ / \' \ \\ /,' ~-- LOT 4 BLK 4 \ \\ ,' \\ \ \\ ,/ \\ \ \\ /, \\ \ \\\ /,' ""\-. \ \ \ ,' \\ \ \ \ !/1" CIRF \fJ_ \ /'\ <LM/DES & ASSOC" WATfi~HfsfL(sT\TES \\ \ ,' \ \ CAB . A, SLID E 6869 \\ /\ \ \ P.R.T .C.T . \\ /, \ \ ROBERT L. PRIMM \' fl \ \ ~ \~ \~~~ 0 t0~;~tr 3 \\ / , <'~o , '\'P~ \ ,, \ ~.,,"., \ ·eo"'c,°" -~--<"',,..J' '('r\i-. ,/ \~ ....... \ '{,"°,:, ~;~i~~ \\ S 46' 12' 39' E \\ / \. ";,,'°J, \ r 81.00' >', 'b '<-..,. \ ()\ " /, \ . . w.' ~ ......-·· ",, \ t,,'5 .. -"' / N 0/' 29' 58' W ~ .,. _....-, , , ~ "' "' ,/ 35.43' "-,.., . , W , ',,/' . . . . 6' 02 , -,. ••"" ---~~ --" --· $_ •· -· -.,. --" -· -•• -· -,.. •• "' '" • ~ " •• "' -· • •>•"' ••,. ~•;:"'" • 5 69 3,~ ':>._~--~-"' " --' • -• ... ~ -• • • , .. •• -· •· , .. ,m '"' "-·· ~ ', ;;:)--\ \ \ "1 \ ----\ \ \ t {~ o ......-27s .BI' \ \ \ ~ \ 0 • _....-1 L P.0.8. \ \ \ q_ <'6f P.O .C. _ • ......-·, f;. LOT 6 \ \ ~ \ -_....------:-36' Q2 BLK 4 \ \ \ • N i '. ~ N 69 VV f & \\ \ \ . ~!/," CIRF -<1&s ,'1[[ ,11:> \ \ \ ' "LANDES & ASSOC" !fr "1,,o \ \ w E l~ 5 07' 21' 20' E (CHORD BEARING) -<1c I tvo SuRvr:'r \ \ \ \ : !/," CIR, 40.06' (CHORD DISTJ 2 4 2 \ \ \ I "LANDES & ASSOC" \ \ \ \ \ \ \ \\ s SCALE • /" • 100 ' I I I I I I NOV . 11, 2008 DRAWN BY JEM CHECKED BY DLD OB No P202020155 SHEET 2 OF 2 E XHIBIT ''.A" DRAINAGE EASEMENT 0.133 ACRE (5,813 SOUARE FEET) SANITARY SEWER REPLACEMENT M-253 DOE 4027 ROBERT L.PRIAIAI .I 1[\)1 Systems) EXHIBIT "A" Real Property Description of a 40-Foot Sanitary Sewer and Reuse Water Easement out of an 8.000 Acre Tract of Land situated in the A. Hampton Survey, Abstract No. 793 Being a parcel of land out all that certain 8 .000 acre tract of land situated in the A. Hampton Survey, Abstract Number 793, as conveyed to Dustin K . Schaller by deed recorded in Instrument Number 0208008706 , Deed Records , Tarrant County, Texas for the purpose of constructing, operating and maintaining a Sanitary Sewer System and its appurtenances and a Reuse Water System and its appurtenances and being more particularly described as follows: Beg inning at a point in the East line of said 8 .000 acre tract and t he West line of Lot 1, Block 4, Waterchase Estates , an addition to t he City of Fort Worth as recorded in Cabinet A , Sl ide 6870, Plat Records , Tarrant County, Texas , from which a 1/2" iron rod found for the Southeast of sa id 8 .000 acre tract, the Southwest corner of said Lot 1, the South most Northeast corner of the remainder of an 81 .28 acre tract of land as conveyed to Rio De Caballes , L.L.C . by deed recorded in Volume 15219, Page 488 said Deed Records , and be ing t he North corner of the Jency Avenue righ t-of-way, a 50-foot pu b lic right-of-way, bears South 00 degrees , 13 m inutes , 37 seconds West, 774 .77 feet ; Thence: North 69 degrees , 03 minutes, 29 second West, 322 .30 feet to the West line of said 8 .000 acre tract and the east li ne of sa id Rio De Caballes rema inder tract ; Thence: with the West line of said 8.000 acre tract and the East line of said R io De Caballos remainder tract, North 00 degrees, 13 minutes, 37 second East, 42 .76 feet; Thence: South 69 degrees, 03 m inutes , 29 second East, 322 .30 feet to the East line of said 8 .000 acre tract, and t he West line of said Lot 1; SS M253 : SSE/RWE-IA CFW/DOE # 4027 ANA Proj . # 04094 0 Page I of 2 Thence: with the East line of said 8 .000 acre tract, and the West line of said Lot 1, South 00 degrees, 13 minutes, 37 seconds West, 42.76 feet to the place of beginning and containing 12,892 square feet of land, more or less , of which 3,223 square feet of land, more or less are contained within an existing unrecorded 10-foot sanitary sewer easement as conveyed by Arthur L. Jennings to the City of Fort Worth by deed dated April 10, 1958 (document attached herewith), and of which 6,446 square feet of land, more or less are contained within an existing 20-foot sanitary sewer easement as conveyed to the City of Fort Worth by deed recorded in Instrument Number D207166087, said Deed Records, resulting in a net area of 3,223 square feet of land, more or less. Note: Surveyed on the ground July, 2006 Note: Bearing Basis -based on true North derived from GPS observations relative to NAD 83, Texas North Central Zone. Note: In accordance with the.Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663 .19 (9), this "report" consists of the Real Property Description included herein, and Map of Survey attached herewith . Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed." SS M253: SSE/RWE-IA CFW/DOE # 4027 ANA Proj . # 040940 Page 2 of 2 EXIST 10' Sanitary Sewer unrecor ded Easement as conveyed to the City of Fort Worth by Arthur L. Jennings doled 04/10/1958 ..--..--.--N6° 13'31 "E> 42.76' N 1 " = 1 00' ~-~~~~¥@1Nl @l\J~l\'1 ~'17 .,..,.'Zl~:\l 20 foot Sanitary Sewer E osement 6 ,446 SF+/- 1 Instrument# 0207166087 40 FOOT SANITARY SEWER AND REUSE WATEREASEMENT 12,892 SF, including 3,223 SF for existing Sanitary Sewer Easement 6,446 SF for 20 foot SSE recorded in Instrument• D 207166087, D.R.T .C .T . with net area of 3,223 •/-SF DUSTIN K. SCHALLER 8 .00 AC 0208008706 D.R.T .C.T. WATERCHASE ESTATES CAB. A, SLIDE 4330 P .R.T.C.T . 0 18 EXHIBIT B SHOWING A 40 FOOT SANITARY SEWER AND REUSE WATER EASEMENT S !TUA TED IN THE A.HAMPTON SURVEY ABSTRACT N0.793 TAR RAN T COUNTY, TEXAS 0 0 l/l Vi(}. ®@IMINJl!ll(l ~l\Jlliil\'1 ~'17 ~-~~33 S0° 13'37"W 42.76' 0 -- U) w >- 'ST <l'. >- '.>( U) uw ow a5S2 -:r: >-u oo::: _,w >-<l'. ;;: ---- U) w .... !;;: '.>( >-u U) ow -'w CDU) <l'. NI u >-0::: Ow _J >- <l'. ;;: SAN ITARY SEWER ANO REUSE WATER SSE/RWE-1A DOE NO. 4027 8601 LOWERY ROAD FORT WORTH, TEXAS . A. HAMPTON SURVEY ABSTRACT NO . 793 DR AW N BY: ED A.N.A. CONSULTANTS, L.L.C. DATE: 02 -25-08 OGN . NO.: 040940SSRE1o -DGN APPR OVED B Y : SKW Corporate Office: 1701 River Run, Suite 610 Fort Worth, Texas 76107 Office: (817) 335-9900 Fax: (817) 335-9955 Dallas Office: 3004 Fairmont Street Dallas, Texas 75201 Office: (214) 631-3500 Fax: (21 4) 631-3527 SHT. NO . 1 OF 1 · That I, Arthur L. Jenning,1.:1 of Tarva nt Country, Tex.aa,,for &.l].d. in oonsidera.t-ion .of· 5.ix Jlundr.ed Seventy Two and 75/.100 Dollars (!J\l672 .75)and '-other valuable consideration paid by the City of Fort \!/or .th, a municipal oorporittion of Tarrant County, Texas, receipt of which is hereby acknowledged, do g r ant, bargain and convey to said Clty, its suaeessora and assigns , the use and passage in a nd along the fo l lowing parcel or tract of land situa ted in Tarra nt County, '!'ex.as. in accordance with the plat hereto attache;d , to-wit: A strip of land sufficiently wide to construct and maintain a 56" Sanitary Sewer, wtth the usual app11rtenances and neoessary con- nections theroto, aeroas the A. Hf1mpton Survey (Ab s .• No. 793), the center line~ of said sanita ry sewer to be us follows: Beginning at a point in the e&st line of' s a id Survey, said point being 856 rt·. from the southeiu1t corner of se.id Survey, Pl'Ooeed N. 69 degrees, 58 minutes w. a distanoo of 425.5 feet, thence S . 73 degrees 47 !,linutes w. a distance of 295.0 ft., thence s. 88 degrees 47 mi nutes w. a d:i.stanoe of 1346.9 rt., thence 8 . 89 de.grees 46 minutes W. a d ista nce of 625 ft. to a µoint in the, west line of said Hampton Survey, ss.id point being 447 ft. South frorn the cantor line of the Tl'ini ty Rtver whe1~e said Trinity River c.roaaes said V'fo:,t llne. A stdp of l and 1 00 ft. in width shall be deemed ouffioiontly wide for construe t1on of the sanitary sewer herein oonoerned , and . after construct i on of the sewer herein concei•ned is completed and a c- cepted by tbe City Council of the Clty of Fort Wor th, a strip of land 10 ft. in width shta ll be retained as 1:1. pe :innanent oe.sement for mai n- tenance pnrposes. In all o ases the· o enter of the stz,ip of land shall be ooli.nea~ with t he center line of the sanitin~y sewer herein oon- ce!'ned. It is intended by these presents .to convey a ri ght of way to the s a.id Oi ty of Fort Worth to construe t a.nd mai ntain t he a bove im- provements _, with the usual right of ingress and agrs ss in the necess a ry use of suon ri ght o f \'fay, in a.n d a long said premlse s, and 1 t is under- stood by the parties h ereto tha t the consideration heI'ein recited is in full and complete settlement of all claims for dam.ages of evex•y kind a.nd character &rising out of the oonatruotion or the project. WITNES S • • • •••• ":J/.ltU.A.1 .... hand •• ~thia the /(ti. *4-.. day of Apr,11, A. D., 1958. THE STA'ffl OF TEXAS COUNTY OF TARRANT -~-~-· BEFORE ME, • ~ ~ ••• ~.; •• ·Y.J.tt~ :T.~t) on this day pe1~sonally appeared Arthur L. Jennings, !,m own to me to be ·the pers on whoae na:me is subscribed to the foPegoing instrument and acknowle dged to me that he execu ted the aame fol' the pu1•pose-s and oonaid&ra tion therein express ed. f· GIVEN UNDER MY RAND and sed of office this .J..~W.day of April, A. D. 1958. ··S· .i.W~~-· A tary Public in and !'or T rant Oounty, Texas -+---- ,1-1: ~L I:(\ ;;::, _\_ ------ FREESE & NICHOLS CONSULTING E N GINEERS f1 /\ I\ ----· --·------"'-----\--_· r . N I l . ~ CLAUDE 1-f. LATSON A. l--lampfon Survey-Ab.No. 793 _\) (2<; 36. 9 ') _ ·------------= ----'-/ TRINITY RIVER OUTFALL S EW ER J. T.T. /-24-'58 Seate.-1"=500' J GIVEN UUDER ltr.l HAND and seal of o:t'fice this 1958. 3of/Q l t. .J__ • • ~ "h day of April, A. D. fl / r ~~ . . !. . aJ:. w. .C;t1; •• ~/,\ • A~ a:ry PUb11o in and for T~~rant County, Texas M-253 Parcel # SSE-1 DOE#4027 A. Hampton Survey, Abstract 793 James R. Newton Survey, Abstract 1169 STATE OF TEXAS COUNTY OF TARRANT § § KNOW ALL MEN BY THESE PRESENTS § DATE: PERMANENT SANITARY SEWER LINE AND WATER RECLAMATION {RE-USE) FACILITY EASEMENT GRANTOR: RIO TRINIDAD, LTD 2406 PANORAMA COURT ARLINGTON, TEXAS 76016 GRANTOR'S MAILING ADDRESS (including County): GRANTEE: City of Fort Worth GRANTEE'S MAILING ADDRESS (including County): 1000 Throckmorton Street 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 land in the A. Hampton Survey , Abstract Number 793 and the James R. Newton Survey, Abstract Number 1169 as recorded in Instrument Number Volume 15219, Page 488, Deed Records, Tarrant County , Texas , and being more particularly described in the attached Exhibits "A" and "B". -1 - Grantor, for t he 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 and water reclamation (re-use) main , 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 Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at all times to enter the Property , or any part thereof, through the ingress and egress area for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing the Facility. In no event shall Grantor (i) use the property in any manner t hat 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 bu ilding, including, but not limited to, monument sign, pole sign, billboard , brick or masonry fences or walls or other structures that require a bu ilding permit. However, Grantor shall be pe rmitted to maintain any existing concrete driveway or road on t he 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 Property that may have been removed, relocated , altered, damaged , or destroyed as a result of the Grantee 's use of the easements granted hereunder. Provided , however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in v iolation of the prov isions and intended use of these easements TO HAVE AND TO HOLD the above-described easements , 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 plural. See add endu m attached hereto _an d incorporated herein by reference. In the event of a confl ict between th e Add en dum and this ea sement, the prov is ions of t he Ad den d um sh all control. [SIGNATURES APEAR ON THE PAGE FOLLOWING THE AD DENDUM] -2 - ADDENDUM Contractor's Notes: 1. CONTRACTOR SHALL CONTACT OWNER, CURTIS WOOD, (1) WEEK PRIOR TO CONSTRUCTION TO DISCUSS TEMPORARY CONSTRUCTION FENCING AND PROPERTY FENCING. 2. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING THE INTEGRITY OF ALL WATER BODIES. THE CONTRACTOR SHALL INVESTIGATE THE PROJECT PRIOR TO CONSTRCTION, AND MONITOR INSTALLATION. THE CONTRACTOR SHALL IMMEDIATELY CONTACT THE CITY REGARDING ANY IMPACTS TO WATER BODIES OR PROPERTY. 3. IF THERE ARE SIGNS OF EARTH MOVEMENT, INFILTRATION OR OTHER PROBLEMS IN THE TRENCH ADJACENT TO THE POND EMBANKMENT, THE CONTRACTOR SHALL IMMEDIATELY STOP WORK AND PROVIDE A TEMPORARY REMEDY TO THE PROBLEM. THE WATER SURF ACE OF THE POND CAN BE LOWERED, BUT ONLY WITH THE DIRECT PERMISSION OF THE OWNER, HIS PHONE NUMBER SHALL BE OBTAINED PRIOR TO CONSTRCTION. 4. THE PIPE TRENCH SHALL BE BACKFILLED EACH NIGHT. ONLY 100 LF OF TRENCH SHALL BE OPEN AT ANY TIME. 5. RIPRAP SHALL BE PROVIDED TO DEFINE AN OVERFLOW CHANNEL. ADDITIONAL RIPRAP , PROVIDED IN THE CONTRACT BID ITEMS , SHALL BE USED TO PROTECT ANY STEEP SLOPES FROM EROSION. RIPRAP INSTALLATION SHALL BE APPROVED BY THE CITY REPRESENTATIVE. 6. THE PROPOSED SEWER TRENCH ADJACENT TO THE POND EMBANKMENT SHALL BE CAPPED WITH COMPACTED NATIVE CLAY OR A MORE PROTECTIVE MATERIAL. THIS TRENCH SHALL HA VE CLAY DAMS ON THE EAST AND WEST END O F THE PON D. INITIALS OF WATER DEPT A PPROVAL : -3 - GRANTOR By: Rio Trinidad, Ltd., a Texas Limited Partnership By: Manzana, LLC, a Texas Limited Liability Company, its general partner By: _____________ _ Curt Woods, Managing Member Grantee The City of Fort Worth By: -----,---------- Fernando Costa Assistant !city Manager APPROVED FOR FORM AND LEGALITY Assistant City Attorney -4 - ACKNOWLEDGEMENT SUBSCRIBED AND SWORN TO BEFORE ME BY ---------known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of , for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS __ day of , 2009. -------- Notary Public in and for the State of Texas ACKNOWLEDGEMENT SUBSCRIBED AND SWORN TO BEFORE ME by Fernando Costa as Assistant City Manager of CITY OF FORT WORTH, 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 __ day of -------' 2009 . Notary Public in and for the State of Texas -5 - EXHIBIT "A" Real Property Description of a 40 Foot Sanitary Sewer and Reuse Water Easement out of the remainder of an 81.28 Acre Tract of Land situated in the A. Hampton Survey, Abstract No. 793 and the James R. Newton Survey, Abstract No. 1169 Being a parcel of land out of the remainder of all that certain 81 .28 acre tract of land situated in the A. Hampton Survey, Abstract Number 793 and the J.R. Newton Survey, Abstract Number 1169, as conveyed to Rio De Caballos, L.l.C. by deed recorded in Volume 15219 , Page 488 , Deed Records , Tarrant County, Texas for the purpose of constructing, operating and maintaining a Sanitary Sewer System and its appurtenances and a Reuse Water System and its appurtenances and being more particularly described as follows: Commencing at a 1/2" iron rod found for the South most Northeast corner of said remainder tract, the Southeast corner of an 8.000 acre tract of land as conveyed to Dustin K. Scha ll er by deed recorded in Instrument Number D208008706 said Deed Records, the Southwest corner of Lot 1, Block 4, Waterchase Estates, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 6870, Plat Records, Tarrant County, Texas, and being in the North corner of the Jency Avenue right-of-way , a 50-foot public right-of-way; Thence: with the South most North line of sa id remainder tract and the South line of said 8 .000 acre tract, North 89 degrees, 57 minutes, 40 seconds West, 301 .35 feet to the southwest corner of said 8 .000 acre tract , being an ell corner of said remainder tract ; Thence : with the West line of said 8 .000 acre tract and the East line of said remainder tract , North 00 degrees, 13 minutes, 37 seconds East, 889 .80 feet to the Point of Beginning of the herein described parcel ; Thence: the following courses and distances: North 69 degrees, 03 minutes, 29 seconds West, 95.35 feet ; South 75 degrees, 08 minutes, 59 seconds West, 386.48 feet; South 89 degrees, 13 minutes , 51 seconds West, 1,359.31 feet ; North 89 degrees, 38 minutes, 48 seconds West, 634 .10 feet ; Thence: North 89 degrees , 38 minutes, 59 seconds West , 307.45 feet to the West li ne of said remainder Tract, and the East line of a 14 .26 acre tract of land s ituated rn said Newton Survey , --------c,S-GGiweyeG-to-James-G.,....and Suzan-Ae 8 . Gaber=ifle,L~-eeed-r-ee0r-d-ed--+n-V-olttm-e-+3-2-811-, ------ Page 596 , said deed records , from which a 5/8 inch iron rod found in the West line of said remainder tract, being the East most Southeast corner of said 14 .26 acre tract and the Northwest corner of a 3.297 acre tract of land situated in sa id Newton Survey as conveyed to said Gaberino , Ltd. by said deed bears South 01 degrees , 28 minutes , 51 seconds West, 344 .06 feet ; Thence : w ith the West line of sa id re m ainder tract and th e Eas t li ne of said 14.26 acre tract , North 01 degrees, 28 minutes , 5 1 seconds East, 40 .01 fee t; SS M253: SSE/RWE-I CFW/DOE # 4027 ANA Proj. # 040940 Page I of 2 Thence: the following courses and distances: South 89 degrees, 38 minutes, 59 seconds East, 306 .66 feet; South 89 degrees , 38 minutes, 48 seconds East, 633.71 feet; North 89 degrees, 13 minutes, 51 seconds East, 1,353 .98 feet; North 75 degrees, 08 minutes, 59 seconds East, 394.45 feet; Thence : South 69 degrees, 03 minutes , 29 second East, 93.14 feet to the East line of said remainder tract, and the West line of said 8.000 acre tract; Thence : with the East line of said remainder tract and the West line of said 8 .000 acre tract, South 00 degrees, 13, minutes, 37 seconds West, 42. 76 feet to the place of beginning and containing 2.555 acre of land, more or less of which 27,826 square feet of land, more or less are contained within an existing unrecorded 10-foot sanitary sewer easement conveyed by Arthur L. Jennings to the City of Fort Worth by deed dated April 10, 1958 (document attached herewith), and of which 55 ,615 square feet of land, more or less are contained within an existing 20-foot sanitary sewer easement as conveyed to the City of Fort Worth by deed recorded in Instrument Number D207166087, said Deed Records, resulting in a net area of 27 ,855 square feet of land, more or less . Note: Surveyed on the ground July, 2006 Note : Bearing Basis -based on true North derived from GPS observations relati ve to NAD 83, Texas North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663 .19(9), this "report" consists of the Real Property Description included herein, and Map of Survey attached herewith . Note : In accordance with the Tex as Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are th e documents containing the descriptions of the boundaries as surveyed ." SS M253: SSE/RWE-1 CFW/DOE # 4027 ANA Proj. # 040940 Page 2 of 2 G DRAWN BY: ED DATE: 09-20-06 1U6 IC. TRIC.T i---------------------__l,518"1RF JAMES D. & SUZANNE S. GABERINO , LTD ., A TE XAS LIMITED PARTNERSHIP VOL. 13281 , PG . 596 D.R.T.C.T. 3.291 AC TRACT $---s_,s_·_· ,_RF-ccc,-cc~---.:.i'RF TRAME L BLOCK 1, LOT 1 RODNEY DUTTON VOL. 16843, PG. 278 D.R.T C.T. S/8"1RF 344 .06' IRF S/8"1RF S1° 28'51"W 1 " = 200' S7'::...-~-~1~--1'~~,,_ Z o!J . 1/;l . lli!IE'>Wlr@OO ~l\!JrnlW~W i u.-n®@ ~ :ls ~ ~ ~: '© ~~ 11,!1 ~ IS 22' <,; IMI ~ APPROXMAT[ SURV[Y LN; 20 foot Sonitory Sewer Easement 55,615 SF+/- 1 Instru ment# 0207166087 D.R. T.C . T. l Rio De Ceballos, LLC VOL. 152 19 , PG . 488 D.R.T.C.T. R£WH>ER or 81.28 AC TRACT 40 FOOT SANITARY S EWER AND REUSE WATER EASEMENT 111,293 SF , including 27,826 SF for existing Sanitary Sewer Easement 55,615 SF for 20 foot SSE reco rd ed in Instrument• D 207166087, D.R.T.C.T. with net area of 27,852 •/-SF ..,, (D "' "' . .. ..,, 0 _, A "' z (D ~ ..,, (D A a, . .. a, ..,, A 0 SEE SHEET 1 EXHIBIT B SHOWING A 40 FOOT SANI TARY SEWER AND REUSE WATER EASEMENT SITUATED IN TH E A. HAMPTON SURVE Y ABSTRACT N0.793, AND JAMES R. NEWTO N SUR VEY ABSTRACT N0.1169 A a, . ,,, "' ..,, ..,, EXIST 10' Sanitary Sewer un recorded Easement os conveyed ta the City of Fart Warth by Arthur L. Jennings dated 04/10/1958 .... ;o z a, z .... -< ~ ..,, "' "' "' a, ~ < "' ;o SANITAR Y SEWER ANO REUSE WATER SSE/RWE-1 DOE NO. 4027 8601 LOWERY ROAD FORT WORTH , TEXAS . TRACT 2 AND 2A A.HAMPTON SURVEY ABSTRACT NO. 793. TRACT 28 ,JAMES R. NEWTON SURVEY ABSTRACT NO. 1169 A .N.A. CONSULTANTS, L.L.C . OGN . NO.: 40940SSE1SH 2 .0GN APPROVED BY: SKW Corporate Office: 1701 River Run, Suite 610 Fort Worth, Texas 76107 Office: (817) 335-9900 Fax: (817) 335 -9955 Dallas Office: 3004 Fairmont S!Ice1 Dallas, Texas 75201 Office: (214) 631-3500 Fax : (214) 631-3527 SHT. NO. 2 OF 2 G 0, I ROXIM-Al[ Sl.{N(Y-Lt?, I <D G II = 200' SEE SHEET 2 20 foot Sanitar y Sewer Easement 55,615 SF+/- <document # 0207166087 D.R. T.C. T. l Si? V> CD "' z "' ~ Rio De Ceballos, L L C VO L. 152 19 , PG. 488 D.R.T.C.T . R[MAINO(R Of 81.28 AC TRACT 40 FOOT SANITARY SEWER AND REUSE WATER EASEMENT 111,293 SF, including 27,826 SF for existing Sanitar y Sewer Easement 55,615 SF "' V, "' for 20 foot SSE recorded in Instrumen t• D 207166087 , D.R.T .C.T. 40.00' wi th net area of 27,852 •/-SF N0° 13'37"E DUSTI N K. SCHALLER 8.00 AC D208008705 D.R.T.C.T. 889.80' I I I I ' "' ,,, 1/1 ,,, LOT I BLOCK 4 WATERCHASE ESTATES CAB. A , SLIDE 6870 P.R.T.C.T. I "' ,,, 1/2" IRF LOT 2 BLOCK 4 ' ' ' ' I EXHIBIT B SHOWING A 40 FOOT SANITARY SEWER AND REUSE WATER EASEMENT ,,.., '" ,,, ,,,, z CD ~ "' V, "' "' CD EXIST 10' Sanitary Sewer unr ecorded Easement as conveyed to the City of F ort Worth by Arthur L. Jennings doted 04/10/19 58 -; :0 = -; -< :0 < ,.., :0 ::; m < en o---< ,.,, ~;~ ;,, o, ;,< :-,~~ 0~;o :-' G> --f . z wm "' " wen r 1J ~-~~~~~@fNI ~ ~w~v &.-u'®~ APPRQXIMAlf SURVEY LH.: o/#1 . ·~@fNJfNl~IRl ~lW~W~W £,\-~~~ SANIT AAY SEWER ANO REUSE WATER SSE/RWE-1 DOE NO. 4027 /·.o,. o':···~ SITUAT ED IN THE A. HAMPTON SURVEY •• rss' •• 0 ABSTRACT NO. 793. 8601 L OWERY ROAD FORT WORTH, TEXAS . TRACT 2 ANO 2A A.HAMPTON SURVEY ABSTRACT NO. 793. (jb AND JAMES R. NEWTON SURVEY DRAWN BY: ED DATE : 02-25 -08 DGN. NO.: 40940SSE1NEW.DGN APPROVED BY: SKW 411Ni N0.11 69 TRACT 28,JAMES R. NEWTON SURV E Y ABSTRACT NO. 1169 A.N.A. CONSULT ANTS, L.L.C. Corporate Office: 170 I River Run, Suite 610 Fort Worth, Texas 76107 Office: (817) 335-9900 Fax: (817) 335 -9955 Dallas Office: 3004 Fairmont Street Dallas, Texas 75201 Office: (21 4l 631-3500 Fax: (214 631-3527 SHT. NO. 1 OF 2 That I, Arthur L. Jennings of Tarrant County, Texas\,for and in oonsidorat-ion of Six Hundred Seventy Two and 75/,100 Dollars ($672.75)and '-other valuable consideration paid by the City of Fort Worth , a municipa'l corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do gra.nt , bargain and convey to said Clty, tta successors and assigns, the use and passage in and a long the following parcel or tract of land situated in Tarrant County, Texas, in accordance with the pl~t hereto attache d, to-wit: A strip of l and sufficiently wide to cons true t and maintain a 36 '' Sanitary Sewer, wl th the usual appurtenance3 and neo?ssary con- nee tions thereto, acroas the A. Hampton Survey (Abs .• No. 793), the center linct of said sa.ni tary sewer to be us follows: Beglnning at a point in the east line or said Survey, sa.id point being 856 rt·. from the southeast corner of said Survey, proceed N. 69 degrees, 58 minutes W. a distance of 425.5 feet, thence s. 73 degrees 47 r,iinutes w. a distance of 295.0 ft., thence S. 88 degrees 47 minutes w. a. distance of 1346.9 ft .• , thence s. 89 degrees 48 minutes w. a dista nce of 625 ft. to a point in the v,est lino of said Hampton 3u1•vey, said point being 447 ft. South from the C(1Jntor 11ne of the •r:r:tn1.ty Rtver where said Trinity River cross e s s a id V'fost line. A strip of' land 1 00 ft. in width sha.11 be deemed sufficiently w ide for coruitruct1on o.f the sanitary sewer herein concerned, and after construct l on of the sewer herein concel•ned is oomploted and ac- cepted by the City Council of the C1.ty of Fort Worth, a strip of land 10 ft. in width shall be :i:>etained as a per:>ma.nent easement for mi.dn- tenance purposes . In a ll oases the center of the strip of land shall be collnea~ with tbe center line or the sanitary se\ver herein con- cerned, It is intended by these presents to convey a right of way to the said City of Irort Worth to construct arid maintain the above im- provements, with t he usual right of ingress and u.gr@ss in the necessary use of such right of way , in and along said premlses , and it is under- stood by the parties hereto that the consideration he.r>ein recited is in full and complete settlement of all claims for damages of every kind and character arising out of the construction of the project . WITNESS ••••••• ';)4~1· ... h a nd •• ~this the //. *4, .• day of April , A. D., l l358 . THE STA TE OF TEXAS COUNTY OF TAR.RANT a;z~I. {rt__~~-• ......... .f1rr.-.-.·.-r·. BEFORE ME, • ». F. ••• 9:; .. ·YJ.c.~ :T.4="r,-f on this day personally appeared Arthur L. Jennings, known to me to b.e tbe per.son whose n a-me is subscribed -to the fopegoing ins_trument and acknowledged to me that he executed the a a ms for the pu1'1)ose-s a nd consider.a t1on therein expressed. 7- GIVEN UNDER MY Rl!ND a nd seal of o.ffiae this .{~ Pfr.ct ay of' April, A. D. 1958. --~~.· .&.cJ~~·.· A.~;~ Public in and for T~~rant County, Texas t------ J.T.T. J-24-'58 . J FREESE & NICHOLS CONSULTING E NGINEERS CLAUDE /...I. LATSON A. f-lampfon Survey-Ab.No . 793 (2G36.9 ') TRINITY RiVER OU TFALL · SEWER .Sea le.-I "= 500' _J) / 3or IQ .... GIVEN UNDER MY I:IAND and sei:ll of' office this 1 958 . 7 .;.·c. IB day of' Ap ril, A. D. . .~ ~ .i .W~c~~-· A i~;;; PUb11o in a nd for T~~rant Oounty, Texas Exhibit "A" Real Property Description of a 40-Foot Permanent Sanitary Sewer and Reuse Water Easement out of a 14.26 Acre Tract of Land situated in the James R. Newton Survey, Abstract No. 1169 Being a parcel of land out of that certain 14.26 acre tract of land situated in the James R. Newton Survey, Abstract Number 1169 , as conveyed to James D . and Suzanne S. Gaberino, Ltd . by deed recorded in Volume 13281, Page 596, Deed Records, Tarrant County, Texas for the purpose of constructing, operating, and maintaining a Sanitary Sewer System and its appurtenances and a Reuse Water System and its appurtenances, and being more particularly described as follows: Beginning at a point in the East line of said 14.26 acre tract and the West line of the remainder of an 81 .28 acre tract of land situated in said Newton Survey and the A. Hampton Survey, Abstract Number 793, as conveyed to Rio de Caballos, LLC by deed recorded in Volume 15219, Page 488, said Deed Records, from which a 5/8" iron rod found in the West line of said remainder tract, bei ng the East most Southeast corner of said 14 .26 acre tract and being the Northeast corner of a 3.297 acre tract of land out of said Newton Survey as conveyed to said Gaberino, Ltd ., by said deed bears South 01 degrees, 28 minutes, 51 seconds West, 344 .06 feet; Thence : North 89 degrees, 38 minutes, 59 seconds West, 525 .17 feet to the West line of said 14.26 acre tract and the East line of a 7.42 acre tract of land situated in said Newton Survey as conveyed to said Gaberino, Ltd. by deed recorded in Instrument Number D198139118, said Deed Records, from which a 5/8" iron rod found in the West line of said 14.26 acre tract and being the East most Southeast corner of said 7.42 acre tract and the Northeast corner of a 0.717 acre tract of land situated in said Newton Survey as conveyed to said Gaberino , Ltd . by Instrument Number D198139119, said Deed Records bears South 01 degrees , 28 minutes, 09 seconds West, 647 .28 feet; Thence : with the West line of said 14 .26 acre tract and the East line of said 7.42 acre tract , North 01 degrees , 28 minutes , 09 seconds East, 40.02' feet; Thence : South 89 degrees, 38 minutes , 59 seconds East, 525.18 feet to the East line of said 14 .26 acre tract and the West line of said remainder tract; SS M253: SSE/RWE-2 CFW/DOE # 4027 ANA Proj. # 040940 Page I of 2 Thence: with the East line of said 14.26 acre tract and the West line of said remainder tract, South 01 degrees, 28 minutes, 51 seconds West, 40.02 to the place of beginning and containing 21,013 square feet of land of which 219 square feet, more or less are contained within an existing unrecorded sanitary sewer easement as conveyed by J .K. and Dorothy Welch to the City of Fort Worth by deed dated March 18, 1958 (document attached herewith), resulting in a net area of 20,794 square feet of land, more or less Note: Surveyed on the ground July , 2006 Note: Bearing Basis -based on true North derived from GPS observations relative to NAD 83 , Texas North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663 .19(9), this "report" consists of the Real Property Description included herein, and Map of Survey attached herew ith. Note: In accordance with the Texas Board of Professional Land Surveying, General Rul es of Procedures and Practices , 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed." SS M253: SSE/RWE-2 CFW/DOE # 4027 ANA Proj. # 040940 Page 2 of 2 N 1 " = 1 00' --------, m OJ N 0 (/) 5 /B"IRF DA TE: 1 0 -20-07 J. ~-~~~Y@~ ~~~w~w tl\-'il'ilH 40 .02 ' N1° 28'9"E 40 FOOT SANITARY SEWER AN D REUSE WATEREASEMENT 21,013 SF, in c lud ing 219 SF for existing unrecorded Sanitary Sewer Eas em ent wi t h net area of 20,794 •/-SF 5 /8'' IRF TRAC T 1 JAMES D. & SUZANNE S. GABERINO, LTD ., A TEXAS LIMITED PARTNERSHIP VOL. 13281 , PG . 596 D.R.T.C .T. l4.26/C TRACT 2 J.2 97 AC TRACT 40 .02' S1° 28'51"W O>---------fl !RF TRAMEL BLOCK 1, L OT 1 RODN E Y DUTTON VOL. 16843, PG. 278 LOWERY ROAD EXHIBITS SHOW IN G A ~O FOOT SANITARY SEWER AND REUSE WATER EASEMEN T SITUATED IN THE JAMES R. NEWTON SURVE Y ABSTRACT N0.11 69 D.R .T .C.T . SANITARY SEW ER AND REUS E WATER SSE /RWE-2 DOE N0.4027 8413 LOWERY ROAD FORT WORTH, TEXAS . TRACT 2 D, 2C2,2C4, AND 2F,JAMES R.NEWTON SURVEY ABSTRACT NO. 1169 A.N.A. CONSULT ANTS, L.L.C. OGN. NO .: 040940SSRE2.0GN Corporate Office: 1701 River Run, Suite 610 Fort Worth, Texas 76107 Office: (817) 335-9900 Fax: (817) 335-9955 Dallas Office: 3004 Fairmont Street Dallas, Texas 75201 Office: (214) 631 -3500 Fax: (214) 631 -3527 SHT. NO . 1 OF 1 APPROVED BY : SKW < /) ::j:I-.::, I I , \~_/· It is intended by ·these presents to convey a right of way to the said City of Fort .worth to construct and .maintain the above improvements, w.ith the usual · right of ingress and egress in the necessary use of such right of way, in and along said premises, WITNESS_.,,.~ •••• hana...,i4\this the,., ,/.f:'t(,w.,l. . , ...... ,day ofkM-.4. . . .. 1tt' ';,;lf:i,,,J. ' • " ...... ' • ," ... ". " •• ' • A, D, 19.~Y,;.. ~ f . ,,(,fA,;id.~ rd..e-.41.t: ............. . THE STA'JE OF TEXAS COUNTY 0F TARRANT BEFORE ME 1 , , on this day personal:cy appeared \\-.k. UJ,._t,.t ~ (\~ "'' 0. JI. , known to me to be the person.~hose ifi(I " subs ibeciZo~the'r'or.'ilgoing instrument and acknowledged to me that ~(executed t e sa~.e for the purposes and consideration therein expressed. GIVEN UNDER MY HAND and seal of office this./f:.6;,{.day of .. ki.M-.~.A. D. 19 .. -r-.\':',, /) ...... ~ ..... ~'1LW~ ..... A No Public in and for Tarrant County, Texas · FREESE & NICHOLS CONSULTING E N GINEERS John 4 Husf Survev , _,, Absfraci· No, 702 1 ,f/ /7 ,--.,,.-,, '/)'' /I J/'/ -,,<_~ .L.. ,--; }-,; " -::_.) c:;::::/ _,/' ,. /\ I l· TRINITY RIVER OUTFALL SEWER ' scale: i"= 500 1 ~J~._T_.T_. __ J·2_4_-_S_8 __________________________________________________________ 4:=__:o~JO EXHIBIT "A" Real Property Description Of a Variable Width Sanitary Sewer and Reuse Water Easement out of a 7.42 Acre Tract of Land situated in the James R. Newton Survey Abstract No. 1169 Being a parcel of land out of that certain 7.42 acre tract of land situated in the James R. Newton Survey, Abstract Number 1169, as conveyed to James D. and Suzanne S . Gaberino, LTD . by Instrument Number recorded in 0198139118, Deed Records , Tarrant County, Texas for the purpose of constructing, operating and maintaining a Sanitary Sewer System and its appurtenances and a Reuse Water System and its appurtenances, and be ing more particularly described as follows : Beginning at a point in the West line of said 7.42 acre tract and the East line of a 7.42 acre tract of land situated in said Newton Survey as conveyed to North Texas Acquisition , LLC . by deed recorded in Instrument Number 0207351905 , said deed records, from which a 3/8" iron rod found at an angle point in the West line of said Gaberino tract and the East line of sa id North Texas Acqu isition tract bears South 00 degrees, 05 minutes, 51 seco nds West, 427 .03 feet; Thence : with the West line of said Gaberino , Ltd . 7.42 acre tract and the East line of said North Te xas Acquisition tract, North 00 degrees, 05 minutes, 51 seconds East, 51 .07 feet to the Northwest corner of said Gaberino tract and the Northeast corner of said North Texas Acquisition tract and be ing in the South line of a 9.25 acre tract of land s ituated in said Newton Survey as conveyed to Curtis L . and Judy Henderson by deed reco rded in Volume 9924, Page 753 , said Deed Records ; Thence: with the North line of sa id Gaberino tract and the South line of said Henderson tract , South 89 degrees , 49 minutes, 14 seconds East , 348 .09 feet to the Northeast co rn er of sa id Gaberino tract , the Southeast corner of said Henderson tract and being in the West line of a 14 .26 acre tract of land as conveyed to said Gaberino, Ltd. by deed reco rded in Volume 13281 , Page 596 , said deed records ; Thence: with the East line of said Gaberino 7.42 acre tract and the West line of said Gaberino, 14 .26 acre tract, South 01 degrees , 28 minutes, 09 seconds West, 62 .13 feet from which a 5/8 " iron rod found for the East most Southeast corner of sa id Gaberino 7.42 acre tract, the Northeast corner of a 0.717 acre tract of land situated in said Newton Survey as conveyed to sa id Gaber ino, Ltd by said deed and being in the West li ne of sa id Gaber in o , 14.26 acre tract bears South 01 degrees , 28 minutes , 09 seconds West, 647 .28 feet; SS M253: SSE/RWE-3 CFW /DOE #4027 ANA Proj # 040940 Page I of 2 Thence: North 89 degrees, 17 minutes, 00 seconds West, 39.32 feet; Thence: North 01 degrees, 20 minutes, 41 seconds East, 9 .76 feet; Thence : North 89 degrees, 38 minutes, 59 seconds West, 307.51 feet to the place of beginning and containing 18,314 square feet of land, more or less . Note: Surveyed on the ground July, 2006 Note: Bearing Basis -based on true North derived from GPS observations relative to NAD 83, Texas North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663.19(9), this "report" consists of the Real Property Description included herein , and Map of Survey attached herewith . Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed ." SS M253 : SSFJRWE-3 CFW/DOE #4027 ANA Proj . # 040940 Page 2 of 2 51 .07' N0° 5 '51"E CURTIS L. HENDERSON AND WIFE, JUDY D.HENDERSON VO L. 9924 , PG . 753 D.R.T.C.T. 9.25 IC. lRACl S89° 49'14"E 348.09' 307.51' N89° 38 '59"W Nl 0 20 '41 "E 9.76 ' VARIABLE WIDTH SANITAR Y SEWER AND REUS E WATER E ASEMENT 18 ,314 SF •/- 39 .32 ' • 3' "'' 62.13' S1° 28'9"W of'= zI _(/) a: a: WW mz <I-"' (!) a: en -<"' ~~~ zw ->--~~~ u < NORTH TEXAS ACQUISITION, LLC . 0 ;ii r---'. l(') JAMES D. & SUZANNE S . GABERINO, LTD., A TEXAS LIMITED PARTNERSHIP INSTRUMENT# 0198139118 D.R.T.C.T . :J :J ~ 0: "'"' . >--., ;Ji 5 INST. NO. 0207351905 D.R.T.C .T. 7.42 JC TRAC T 5 /8""1Rf DR AWN BY: ED DATE: 11 -15-07 DG N. NO .: 04 0 940SSRE3 .DGN APP RO VED BY: SK W N • ... 0 V) 3/8"" IRF 7.42 K. TRIC T i" !» <O N vi co N " ... '° ci w > (/) I-w< ::;; ' <D .., I- ..J N 1 II 100 ' J.~. ~~~Y@~ i~~w~w L\l -1l"IIH ,---------a-iS/8 " IRF S/8"1RF RPLS1632 5 /8 "" IRF 1/2"'PIPE CAf' EXHIBIT B SHOWING A VARIABLE WIDTH SANITAR Y SEWER AND REUSE WA TER EASEMENT SITUATED IN THE JAM ES R. NEWTON SURVE Y ABSTRACT N0.1169 LOWERY ROAD 411111 SAN ITARY SEWER AN D REUSE WATER SSE /RWE-3 DOE NO . 4027 8401 LOWERY ROAD FORT WORTH , TE XAS . TRAC T 2 A, 2C2 , AN D 2 , JAMES R. NEWTON SURVE Y ABSTRACT NO. 1169 A.N.A. CONSULTANTS, L.L.C. Corporate Office: 170 I River Run, Suite 61 0 Fort Worth, Texas 76107 Office: (817) 335-9900 Fax: (817) 335-9955 Dallas Office: 3004 Fainnont Street Dallas, Texas 75201 O ffice: (214) 631-3500 Fax: (214) 631-3527 SH T . NO . 1 OF 1 EXHIBIT "A" Real Property Description of a Variable Width Sanitary Sewer and Reuse Water Easement out of a 7.42 Acre Tract of Land situated in the James R. Newton Survey, Abstract No. 1169 Being a parcel of land out of that certain 7.42 acre tract of land situated in the James R. Newton Survey, Abstract Number 1169, as conveyed to North Texas Acquisition, L.L.C. by deed recorded in Instrument No. D207351905, Deed Records, Tarrant County, Texas for the purpose of constructing, operating, and maintaining a Sanitary Sewer System and its appurtenances, and a Reuse Water System and its appurtenances, and being more particularly described as follows: Beginning at a 2" iron pipe with cap found for the Northwest corner of said North Texas Acquisition tract, the Southwest corner of a tract of land situated in said Newton Survey as conveyed to Curtis L. and Judy Henderson by deed recorded in Volume 9924, Page 753, said deed records, and being in the East line of the Randol Mill Road right-of-way , a variable width public r ight-of-way; Thence: with the North line of said North Texas Acquisition tract and the South line of said Henderson tract, North 89 degrees, 54 minutes, 57 seconds East, 4 78 .12 feet to the Northeast corner of said North Texas Acquisition tract, and the Northwest corner of a 7.42 acre tract of land situated in said Newton Survey as conveyed to James D. and Suzanne S . Gaberino, Ltd . by Instrument Number D198139118 , said Deed Records, Thence: with the East line of said North Texas Acquisition, tract and the West line of said Gaberino tract, South 00 degrees, 05 minutes, 51 seconds West, 51 .07 feet, from which a 3/8" iron rod found at an angle point in the East line of said North Texas Acquisition tract and the West line of said Gaberino tract bears South 00 degrees, 05 minutes, 51 seconds West, 427.03 feet ; SS M253: SSE/RWE-4 CFW/DOE # 4027 ANA Pr oj. # 040940 Page I of 2 Thence: North 89 degrees, 38 minutes, 59 seconds West, 477 .93 feet to the West line of said North Texas Acquisition tract and the East line of said Randol Mill Road right-of-way, from which a 2" pipe with cap found in the West line of said North Texas Acquisition tract and the East line of said Randol Mill Road right-of-way bears South 00 degrees, 07 minutes, 57 seconds East, 309 .20 feet; Thence : with the West line of said North Texas Acquisition tract and the East line of said Randol Mill Road right-of-way, North 00 degrees, 07 minutes, 57 seconds West, 47.45 feet to the place of beginning and containing 23,546 square feet of land, more or less . Note : Surveyed on the ground July, 2006 Note: Bearing Basis -based on true North derived from GPS observations relative to NAD 83 , Texas North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663 .19(9), this "report" consists of the Real Property Description included herein, and Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed ." SS M253 SSE/RWE-4 CFW/DOE # 4027 ANA Proj. # 040940 Page 2 of 2 CUR TIS L. HENDERSON AND WIFE , JUDY D.HENDE RSON VOL. 9924, PG . 753 D.R.T.C.T . 4 78.12' ,...........,......_N __ o_· ..... 7 -, 5 ~ 7 .-.w-'--""'N""'s"""'g,...•.....,3,...,s,...· 5""9-,-, w ____ 4 _7 _7 __ 9_3_· -----+---50 :-5.51~:;--- 5/8"1RF 0 N 0) 0 0 <( r') 0 w 0::: .....J r-- l[) .....J F-- 2 0 0 .....J Ul 0 0 z ~ N 1 " 1 00' DRAWN BY: E[) DATE: 11-15-07 4 7.45' 51.07' VARIAB LE WIDTH SANITARY SEWER AND REUS E WATER EASEMENT 23,546 SF • /- NORTH TEXAS ACQU ISI TION . LLC. INST. NO . 0207351905 D .R.T .C.T. 7.42 AC. J.~. oo~~~@oo ~~~w~w t!l-n®@ 5/B"lRF EXHIBIT B 3/8" IRF JAMES D. & SUZANN E S. GABERINO, LTD., A TEXAS LIMITED PARTNERSHIP INSTRUMENT# 01981391 18 D.R.T.C.T . 7.42 J.C.. SHOWING A VARIA B LE WIDTH"--•L~OM'N~E~R~YurRvO~ALJD:..--~~---J SAN IT ARY SEWER SANITARY SEWER AND AND REUSE WATER EASEME NT ~~~s~o~~6~~ ssE t RWE-4 s I TUA TED IN THE RANDOL MILL ROAD JAM ES R. NEWTON SURVEY ~2:~rwf'::&~.TEXAS. ABSTRACT N0.1169 ;:~~}-~\~~i~r No.1159 A.N.A. CONSULT ANTS, L.L.C. DGN. N0.:040940SSRE4nb l.D GN Corporate Office: 1701 River Run, Suite 610 Fort Worth, Texas 76107 Office: (817) 335-9900 Fax: (817)335-9955 Dallas Office: 3004 Fairmont Street Dallas, Texas 75201 Office: (214) 631-3500 Fax: (21 4) 631 -35 27 SHT. NO. 1 OF 1 APPROVED BY: SKW EXHIBIT "B" Real Property Description of a Variable Width Sanitary Sewer Easement out of a 16.39 Acre Tract of Land situated in the James R. Newton Survey, Abstract No. 1169 and the J.A. Hust Survey, Abstract No. 702 Being a parcel of land out of that certain 16 .39 acre tract of land situated in the J .R. Newton Survey, Abstract Number 1169, and the J .A. Hust Survey, Abstract Number 702 as conveyed to Clarence Huffman by deed recorded in Volume 12592, Page 158, Deed Records, Tarrant County, Texas for the purpose of constructing, operating, and maintaining a Sanitary Sewer System and its appurtenances and being more particularly described as follows: Beginning at a 5/8" iron rod found for the South corner of said Huffman tract, the West most Southwest corner of a 5.00 acre tract of land situated in said Newton and Hust Surveys, as conveyed to Richard E. and Margaret Ann Bennett by deed recorded in Volume 7192, page 268, said Deed Records, and being in the Northeasterly line of the Randol Mill Road right-of-way, a variable width public right-of-way, being more particularly described as follows: Thence: with the Southwesterly line of said Huffman tract and the Northeasterly line of said Randol Mill Road right-of-way, North 23 degrees, 52 minutes, 25 seconds West, 194.74 feet to a Yi" iron rod found in the Southwesterly line of said 16.39 acre tract and the Northeasterly line of said Randol Mill Road right-of-way; Thence: continuing with the Southwesterly line of said Huffman acre tract and the Northeastery line of said Randol Mill Road right-of-way, the following courses and distances : North 39 degrees, 01 minutes, 28 seconds West, 185.03 feet; North 53 degrees, 04 minutes, 32 seconds West, 182 .93 feet; North 63 degrees, 38 minutes, 51 seconds West, 103.60 feet; North 80 degrees, 49 minutes, 11 seconds West, 148 .26 feet ; Thence: departing the Southwesterly line of said 16.39 acre tract and the Northeasterly line of said Randol Mill Road right-of-way, North 04 degrees, 58 minutes , 55 seconds East, 36.56 feet ; Thence: South 85 degrees, 01 minutes , 05 seconds East, 251 .68 feet ; SS M253: SSE-5 CFW/DOE # 4027 ANA Proj . # 040940 Page I of 2 Thenoe: South 43 degrees, 45 minutes, 55 seconds East , 471 .78 feet to the East line of said 16 .39 acre tract and the West line of said 5 .00 acre tract ; Thence : with the East line of said 16.39 acre tract and the West line of said 5.00 acre tract, South 00 degrees, 10 minutes, 03 seconds East, 175.22 feet to the place of beginning and contain in g 41,467 square feet of land, more or less , of wh ich 31 ,071 square feet of land, more or less are conta ined within an existing unrecorded 50-foot (Strip 'A') and 30-foot (Strip 'B') sanitary sewer easement as conveyed by Texas Industries, Inc. to the City of Fort Worth by deed dated May 12, 1958 {document attached herewith), resulting in a net area of 10,396 square feet of land, more or less . Note : Surveyed on the ground July, 2006 Note: Bearing Basis -based on true North derived from GPS observations relative to NAD 83, Texas North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663.19(9), this "report" consists of the Real Property Description included herein, and Map of Survey attached herewith. Note : In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663 .19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed." SS M253: SSE-5 CFW/DOE # 4027 ANA Proj. # 040940 Page 2 of 2 CLARENCE HUFFMAN VOL. 12592, PG . 158 D.R.T .C.T. 16.39 AC 36.56' N4° 58'55"E 1/2" IRF • 30' s.s.E . STRIP "B" 0 0 0 S8S 0 1·s"E"' UN RECORDED SANITARY SE WE R EASEMENT GRANT TEXAS INDUS TR I ES, INC. TO THE CITY OF FO RT WORTH STRIP "A" AND "8" J. IJ.. IXlll/J~'ii' ~llJlfRl ll;W _________________ /A.-~-_A:~ROXIMAT( SU R vr~~I~ 50' S.S.E . STRIP "A" J. Im. INJ ~'W 'ii'@INJ $1!/)!Rl~~W N VARIABLE WIDTH SANITARY SEWER EASEMENT 41,467 SF, INCLUDING 31,071 SF FOR THE EXISTING UNRECORDED EASEMENT WITH NET AREA OF 10,396 SF •/- JRD GROUP, IN C. VO L. 10745 , PG . 460 D.R.T.C.T. 1 II 1 00 / EXHIBIT B SHOWING A VARIABLE WID TH SANITARY SEWER EASEMENT S JTUA TED IN THE IJ:.-1!1JH _J 0 0 z ~ SANITARY SEWER SSE-5 DOE NO . 4027 ··1:o,.r 5 ,o'::··'.'<-JAMES R. NEWTON SURVEY ...,l\to'• .. ?. .... ·(-t.0 ABS TRACT NO. 11 69 AND JOHN A . HUST J\ r;~'t> SURVEY, ABSTRACT NO. 702 RANDOL MIL L ROAD FORT WORTH, TEXAS . TRACT 48,JAMES R. NEWT ON DRAWN BY: ED DATE: 04-07 -08 OGN. NO .: 040940SS5.DGN APPROVED BY: SKW SURVEY ABSTRACT NO. 1169 TRACT 2C, AND TC1, J.A.HUST SURVE Y ABSTRACT NO. 702 A.N.A. CONSULTANTS , L.L.C. Corporate Office: 1701 River Run, Suite 610 Fort Worth, Texas 76107 Office: (817) 335-9900 Fax: (817) 335-9955 Dallas Office: 3004 Fairmont Street Dallas, Texas 7520 I Office: (214) 631-3500 Fax: (21 4) 631-3527 SHT. NO . 1 OF 2 I ,:/ ·}r,1·;!/~~\ ,.:u u~ r, \( r).l'' , 1-, I · EASEMENT GRANT ,. ;, ., ;\/}' V 1 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT THA '.I' TEXAS INDUSTRIES, INC., a corporation, f'or and in consideration of' the sum of' $10.00 and other good and valuable. co n s iderat ion, the receipt and suf'f'iciency of' all of whi ch are hereby acknowledged, doea hereby grant and convey to the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, its succ essors and assigns, the right to construct, reconstruc t and perpetually maintain a sanitary sewer line@inches in diameter in and along the f'ollowing described tracts of land in Tarrant County, Texas, to-wit: A. A strip of land 50 feet in width with a cen- ter line described as follows: Beginning at a point in the West property line of the Vir- gil L . and L . J Couch tract , James R. Newton Survey (Abs. No. 1169), said point being 388 f'eet south from the northwest corner of the said Virgil L. and L. J . Couch tract; thence proceed north 44 deg . 32 min. W. a distance of' 544.S f'eet to a point in the north line of' the ·R. E . Randol, et al land in the said James R. Newton Survey, said point being the beginning of the line described under B below. B. A strip of land 30 feet in width, being 25 feet on the north side and 5 feet on the south side of' the following described line: Beginn- ing at a point in the John A. Hust Survey (Abs. No. 702) line, said point being 382 feet ·west from the northwest corner of the Virgil L. and L. J . Couch tract out of the James R. Newton Survey (Abs . No. 1169); thence proceed North 8 5 deg. 44 min. W. a distance of 2034.4 feet to the beginning point of the line described under C below. C. A strip of land 50 feet in width with a cen- ter line described as follows: Beginning at a point in the R.E.Randol et al tract, John A. Hust Survey (Abs.No.702J,said point being 5 feet ---------------------------·-----· I j North of a fence on the North side of Randol Mill Road and 1904.5 feet East of a corner . post in said fence at the West line of said Randol property in the Joseph C. Davis Sur- vey (Abs.# 423); thence proceed North 48 deg. 16 min. W. a distance of 2585.9 feet to a point in the West property line of the R.E. R..rndol, et al tract out of Joseph C. Davis Sur- vey (Abs. No. 423), said point being 1605 feet North of the center line of Randol Mill Road. The interest of Granter herein in the strips of land des- cribed above and in the land adjoining said strips is as shown in sand and gravel lease dated !f ovemb er. ~~, l'.3.4_9, from R. E. Randol, et al to Fort Worth Sand and Gravel Company , Inc., as amended by instrument dated May 29, _195}., said lease and amenda- tory instrument being of record in Volume 2586, page 175_, Deed Records of Tarrant Cotu1ty, Texas _, and as further a.T.ended by in- strument dated February _l2, l~~~; and recorded in Volume 3188, page 583, Deed Records of Tarrant County, Texas .. As a part of the consideration for this conveyance, Grantee agrees that it will install under said sewer line, at its own cost and within two weeks after receipt of written notice from Gran tor , a galvanized metal culvert for drainage purposes. at least 60 feet in length and 36 inches _in diameter, at a location and depth satisfactory to Grantor. Grantee further agrees that Granter may cross said easement with its trucks and machinery during its op eration on said land or on adjoining land. Grantor shall not make any excavations for sand and gravel within the 50 foot strips or the 30 foot strip of land above deccribed, but shall have the right to make vertical excavat:LGr.s along either edge of the 50 foot strips and along the north edge of tne 30 foot strip at such places and t1mes ·and to such depths as it may con8ider necessary or advisable in its gravel operations, without liability to Grantee for any damage caused by its gravel mining operations in the absence of negligence in the conduct thereof. -2- It ·is intended by these presents to convey a right-of-way to the City of Fort Worth to construct and maintain the above ' . improvements, with the usual right of ingress and egress in the necessary use of such right-of-way, in and along the premises. EXECUTED this 12th day of May, 1958. TEXAS INDUSTRIES, INC • • .--, I~ · .' ' ,•1 ,' / /) I)_· . C: , j/), I' J.,( By -_,, ~) .. -r <!;,<l •1 Ad -'i:'-1 fpj ...r "" AT':1::ST: ' -)'----/. /,:· i' .,.. A ,,,__)_-,._.,..e.,. ~ :~ --· J i 1 Sn,.,.£~r5· / /· / ~-/ THE STATE OF TEXAS I COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared CHARLES E. MARSHALL, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said TEXAS INDUSTRIES, INC., a corporation, and that he executed the same I as the ~ct of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. (--Q_~N UNDER MY HAND AND SEAL OF OFFICE, this /2, day of May, 1958. \ ! ~-~ "----/ '-·/./ . ·~--. ._ _,/ ""' Q. . < ·------N6a?y~tlc Inariorarrant County, Texas -3- CORP ORATE RESOLUTI ON OF TEXAS INDUSTRIES, INC, ---oOo--- I, Harold B. Pressley, Jr., do hereby certify that I am the Secretary of Texas Industries, Inc., a Delaware corporation, and I do further certify that at a meeting of the Board of D1.rectora of such Corporation, duly called and held on April 15, 1958, at which meeting a quorum of the Board of D1.rectors of such Corporation was present and voting throughout, the following resolution was duly adopted: RESOLVED, that the President or any Vice-President of this Company, whose signature shall be attested by the Secretary or any Assistant Secretary of this Com- pany, be, and each such officer is hereby, authorized, without further action by the Board of Directors or by the Executive Collllll1ttee of this Board of Di.rectors, to execute, acknowledge and deliver conveyances, assign- ments, transfers, deeds, grants of easements and rights- of-way, agreements of lease, and all other appropriate legal instruments of conveyance, assigl'llllent, transfer and lease pertaining to real estate owned by this Com- pany, provided the total consideration involved in any one such transaction shall not exceed the sum of $50,000. I do further certify that Charles E. Marshall is a duly elected, qualified and acting Vice-President of Texas Industries, Inc. on this date. I do further certify that the foregoing resolution haa not been altered, amended or rescinded, and that the same is now in full force and effect. IN TltSTIMONY WHERE;OF, I have hereunto set my hand and affixed the s•al or the Corporation, this 26th day of May, 1958. THE STATE OF TEXAS COUNTY OF DALLAS / ---~) ~k: BEFORE ME, the undersigned authority, a Notary Public in and fer said County and State, on this day personally appeared HAROLD B. PRESSLEY, JR., !mown to me to be· the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. OIVRN UNDER MY HAND AND SEAL OF OFFICE thie the ~ :z«_ day or _., 1958. ~~--<~~¥kri"'~~ otary~n !'or ~llaS County,as JOAN MASSENCAU MAl?Y R . JONES vOflN A . HU6 T SURVeY A/3STl?ACT N..t 702 ClTYOF FORTWO~TH. DEPT. OF PUBLIC WORKJ. SANITARY ~EWER DIVISION,, R.O.W. MAP TRINITY RIVER OUTFALL SANITARY .SEWER ..Sco/e: l"-500' ~·/6 •S8 N SOIL BORINGS CONTENT REPORT 1: BORINGS 1, 2, 3, 5, 6, 7, 8, 9, 10, 11 REPORT 2: BORING 4 REPORT3: BORING12 GEOTECHNICAL ENGINEERING STUDY M-253 SANITARY SEWER LINE FORT WORTH, TEXAS Presented To: TranSystems Corporation December 2007 PROJECT NO. 123-06-06 C~ ENGINEERING, INC. December 14, 2007 Report No. 123-06-06 TranSystems Corporation 500 West ih Street, Suite 600 Fort Worth, Texas 76102 Attn: Mr. Kent A. Lunski, P.E. Dear Mr. Lunski: GEOTECHNICAL ENGINEERING STUDY M-253 SANITARY SEWER LINE FORT WORTH, TEXAS 7636 Pebble Drive Fo rt Worth, Texas 76118 www.cmjcngr.com Submitted here are the results of a geotechnical engineering study for the referenced project. This study was performed in general accordance with CMJ Proposal 07-1738 (Revised) dated December 28, 2006. The geotechnical services were authorized on October 11 , 2007 by Mr. Raul Pena Ill, P.E., Regional Vice President of TranSystems Corporation. Engineering analyses and recommendations are contained in the text section of the report. Results of our field and laboratory services are included in the appendix of the report. We would appreciate the opportunity to be considered for providing the materials engineering and geotechnical observation services during the construction phase of this project. We appreciate the opportunity to be of service to TranSystems Corporation. Please contact us if you have any questions or if we may be of further service at this time. Respectfully submitted , CMJ ENGINEERING, I · S:: r(t-__ Jame P. Sappington IV, P.E. Proje t Engineer \ Texas No. 97402 __ ....... ,,,, -e.OF,. \ .... ~~~1 ..... , .. t1,,•\\t ""~··· •. ~u'. ,. . .. ' ~*/ "-.* I '*: ... ,, , ............................. , ~ JAMES P. SAPPINGTON, IV i ,... . ................... ; "\)• :Q:1 ·~~·· 97402 .;!l,~ • o·· ( ...ft ·~ -t,~;_.f.CENS':'!'o~~.:' ~ ,,.,s,·· .. ···e.~\7~~ ,, .. ONAL .... --... t ,, ........ ~ \• copies submitted : (3) Mr. Ke nt A. Lunski, P.E.; T ranSyste ms Co rpo rati on Phone (817) 284-9400 Fax (817) 589-9993 arrett E. Willia ms , P.E. Pres ident Texas No. 52525 Metro (817) 589-9992 TABLE OF CONTENTS Page 1.0 INTRODUCTION------------------------------------------------------------------------------------------------------1 1.1 General -------------------------------------------------------------------------------------------------------1 1 .2 Purpose and Scope--------------------------------------------------------------------------------------1 1 .3 Re port Form at----------------------------------------------------------------------------------------------1 2.0 FIELD EXPLORATION AND LABORATORY TESTING ------------------------------------------------------2 2.1 Field Exploration---------------------------------------------------------------------------------------------2 2.2 Laboratory Testing ----------------------------------------------------------·-------------------------------3 3. 0 SUBSURFACE CONDITIONS--------------------. -----------------------------------------------------------------4 3.1 Soil Conditions ---------------------------------------------------------------------------------------------------4 3.2 Ground-water Observations -----------------------------------------------------------------------------5 4.0 FOUNDATION RECOMMENDATIONS ----------------------------------------------------------------------6 4.1 General Foundation Considerations----------------------------------------.-------------------------6 4.2 Straight-Shaft Design Parameters ------------------------------------------------------------------------6 4.3 Soil Induced Uplift Loads--------------------------------------------------------------------------------8 4.4 Drilled Shaft Construction Considerations ------------------------------------------------------------8 5.0 TRENCH / BORE EXCAVATIONS -----------------------------------------------------------------------------10 5.1 Expected Subsurface Conditions--------------------------------------------------:. ______________________ 10 5.2 Open Cut ----------------------------------------------------------------------------------------------------11 5.3 Trench/ Bore Pit Dewatering--------------------------------------------------------------------------11 5.4 Soft Trench Bottom Cond iti ons ---------------------------------------------------------------------------11 5 .5 Excavation Considerations-----------------------------------------------------------------------------12 5.6 Trench Backfill -----------------------------------------------------------------------------------------------12 5.7 Trench Backfill Settlement ---------------------J---------------------------------------------------13 5.8 Provisions to Reduce Backfill Settlement --------------------------------------------------------------13 5.9 Bore/Tunnel Considerations-------------------------------------------------------------------------------14 6.0 EARTHWORK ---------------------------------------------------------------------------------------------------14 6.1 Site Preparation & Field Testing-----------------------------------------------------------------------14 6.2 Excavation -· -----------------------------------------------------------------------------------------15 6 .3 Soil Corrosion Potential----------------------------------------------------------------------------15 6.4 Erosion and Sediment Control -------------------------------------------------------------------------16 7 .0 CONSTRUCTION OBSERVATIONS -----------------------------------------------------------------------16 8.0 REPORT CLOSURE--------------------------------------------------------------------------------------------17 APPENDIX A Plate Plan of Borings ----------------------------------------------------------------------------------------------A.1 A, A. 1 B Unified Soil Classification System--------------------------------------------------------------------------------A.2 Key to Classification and Symbols ---------------------------------------------------------------------------------A.3 Logs of Borings-----------------------------------------------------------------------------------------------A.4 -A.13 1.0 INTRODUCTION 1.1 General This report presents the results of a geotechnical engineering study for a proposed 33,000-linear foot M-253 sanitary sewer line in Fort Worth, Texas . The proposed sewer line typically parallels Randol Mill Road, extending from Woodhaven Boulevard eastward to north of Clay Court at Waterchase Golf Course, to tie into sewer line M-253-A. The proposed line typically varies from 10 to 35 feet below existing grade with one area of the alignment up to 55 feet below existing grade. Three aerial creek crossings and two bore crossings at Handley Ederville Road and NE Interstate Loop 820 are planned. The approximate location of exploration borings are illustrated on Plate A.1, Plan of Borings. 1.2 Purpose and Scope The purpose of this geotechnical engineering study has been to determine the general subsurface conditions, evaluate the engineering characteristics of the subsurface materials encountered, and develop comments ori general excavation . To accomplish its intended purposes, the study has been conducted in the following phases: (1) drilling sample borings to determine the general subsurface conditions and to obtain samples for testing; (2) performing laboratory tests on appropriate samples to determ ine pertinent engineering properties of the subsurface materials; and (3) performing engineering analyses, using the field and laboratory data to develop geotechnical recommendations for the proposed construction. The design is currently in progress and the locations and/or elevations of the structure could change . The recommendations contained in this report are based on data supplied by TranSystems Corporation. Once the final design is near completion (BO-percent to 90-percent stage), it is recommended t hat CMJ Enginee ring, Inc. be retained to review those portions of the construction documents pertain ing to t he geotechnical recommendations , as a means to determine that our recommendations have been interpreted as intended. 1.3 Report Format The text of the report is conta ined in Sectio ns 1 th rough 8. All plates and large tables are co ntai ned in Append ix A. The alph a-n umeri c plate a nd t ab le numbe rs identify t he appe ndix i n Repo rt No. 123-06-0 6 CMJ ENGINEERING, INC. 1 which they appear. Small tables of less than one page in length may appear in the body of the text and are numbered according to the section in which they occur. Units used in the report are based on the English system and may include tons per square foot (tsf), kips (1 kip= 1,000 pounds), kips per square foot (ksf), pounds per square foot (psf}, pounds per cubic foot (pct), and pounds per square inch (psi}. 2.0 FIELD EXPLORATION AND LABORATORY TESTING . 2.1 Field Exploration Subsurface materials at the project site were explored by ten (10) vertical soil borings drilled to depths ranging from 15 to 65 feet. Boring B-6 was not access ible for drilling at t he ti me of t his investigation. The borings were drilled using continuous fli ght and hollow st em augers at the approximate locations shown on the Plan of Borings, Plates A.1 A and A.1 B. The bo ring logs are included on Plates A.4 through A.13 and keys to classifications and symbols used on the logs are provided on Plates A.2 and A.3. Undisturbed samples of cohesive soils were obta ined with nominal 3-inch diameter thin-walled (Shelby) tube samplers at the locations shown on the logs of borings. The Shelby tube sampler consists of a thin-walled steel tube w ith a sharp cutting edge connected to a head equipped wi t h a ball valve threaded for rod connection. The tube is pushed into the soi l by the hydraulic pulldown of the drilling rig . The soil specimens were extruded from the t ube in the field, logged, tested for consistency with a hand penetrometer, sealed, and packaged to limit loss of moisture. The consistency of cohesive soil samples was evaluated in t he fie ld us ing a .calibrated hand penetrometer. In this tes t a 0 .25-i nch diameter piston is pushed into the relatively und isturbed sample at a constant rate to a depth of 0.25 in ch . The res ul ts of t hese tests , in tsf, are tabulated at respect ive sample depths o n t he logs . Wh en t he capacity of t he pe netrometer is exceeded, the value is tabulat ed as 4 .5+. Dist urbed samp les of th e noncohesive g ranular or stiff t o hard co hesi ve mat eri als we re obtain ed utili zing a nom ina l 2-inch O.D . split-bar rel (split-spoo n) samp le r in co nj unctio n w ith the Standard Pe net ratio n Test (ASTM D 1586). Thi s t est em pl oys a 140-pound hammer th at dro ps a f ree fa ll vertical distance of 30 inches, driving the split-s poon sampler into the m ate rial. Th e number of Rep o rt No . 123-06-06 CMJ E NGINEERING, INC. 2 blows required for 18 inches of penetration is recorded and the value for the last 12 inches, or the penetration obtained from 50 blows, is reported as the Standard Penetration Value (N) at the appropriate depth on the logs of borings. To evaluate the relative density and consistency of the harder formations, a modified version of the Texas Cone Penetration test was performed at selected locations. Texas Department of Transportation (TXDOT) Test Method Tex-132-E specifies driving a 3-inch diameter cone with a 170-pound hammer freely falling 24 inches. This results in 340 foot-pounds of energy for each blow. This method was modified by utilizing a 140-pound hammer freely falling 30 inches. This results in 350 foot-pounds of energy for each hammer blow. In relatively soft materials, the penetrometer cone is driven 1 foot and the number of blows required for each 6-inch penetration is tabulated at respective test depths, as blows per 6 inches on the log. In hard materials (rock or rock-like), the penetrometer cone is driven with the resulting penetrations, in inches, recorded for the first and second 50 blows, a total of 100 blows. The penetration for the total 100 blows is recorded at the respective testing depths on the boring logs. Groundwater observations during and after completion of the borings are shown on the upper right of the boring log. Upon completion of the borings, the bore holes were backfilled with soil cuttings and plugged at the surface by hand tamping. 2.2 Laboratory Testing Laboratory soil tests were performed on selected representative samples recovered from the borings. In addition to the classification tests (liquid limits, plastic limits, and percent passing the No. 200 sieve), moisture content, unconfined compressive strength, and unit weight tests were performed. Results of the laboratory classification tests, moisture content, unconfined compressive strength, and unit weight tests conducted for this project are included on the boring logs. The above laboratory tests were performed in general accordance with applicab le ASTM procedures, or generally accepted practice . Report No. 123-06-06 CMJ ENGINEERING, I NC. 3 3.0 SUBSURFACE CONDITIONS 3.1 Soil Conditions Specific types and depths of subsurface strata encountered at the boring locations are shown on the boring logs in Appendix A. The generalized subsurface stratigraphy encountered in the borings is discussed below. Note that depths on the borings refer to the depth from the existing grade or ground surface present at the time of the investigation, and the boundaries between the various soil types are approximate. Asphalt concrete is present at the surface in Boring B-11 and is 2 inches in thickness. Fill materials are noted in all borings except Borings B-4, 8-8, and B-10. The various soil fills consist of reddish brown, brown, light reddish brown, and gray sandy clays and sands, typically containing gravel and limestone fragments. The sand fill present from 3 to 8 feet in Boring B-1 is loose, with a Standard Penetration (N) value of 6 blows per foot of penetration. Fragmented limestone fill is present in Boring B-2, likely including limestone boulders, from 2 to 29 feet below existing grade. The limestone fill is very dense based on Standard Penetration test values ranging from 1 to 5.5 inches for 50 hammer blows. Very dense gravel fill is present in Boring B-5 from 4 to 12 feet, with Standard Penetration test values of 2 to 3 inches of penetration for 50 hammer blows. Select fill materials contain brick, wood, and glass fragments and metal wire debris. Natural soils consist of various brown, dark brown, light brown, reddish brown, light reddish brown, tan, gray, and light gray sandy clays, silty clays, clays, and shaly clays. Ironstone nodules and calcareous nodules are frequently present within the natural soils. Gravel seams and limestone seams were present within the soils in Borings 8-3 and B-11. Light reddish brown clayey sands are present at a depth of 11.5 feet in Boring 8-7. These clayey sands are very dense, with a Standard Penetration (N) value of 59 blows per foot of penetration. The clayey soils encountered are generally firm to hard (soil basis) with pocket penetrometer values ranging from 1.25 to over 4.5 tsf. The soils encountered had tested Liquid Limits (LL) of 34 to 65 with Plasticity Indices (Pl) of 20 to 44, and classify as CL and CH according to the uses. Tested unit weight and unconfined compressive strength values range from 97 to 130 pcf and 990 to 36,960 psf, respectively. Tan limestone is next present in Borings B-5 , B-8, and B-11 at depths of 27 , 6.5, and 11 feet respectively. These tan limestones are generally hard (rock basis), with Texas Cone Penetrometer Report No. 123-06-06 CMJ ENGINEERING, INC. 4 (THD) values of 1 inch per 100 hammer blows. Gray shale layers up to 2.5 feet thick are present within the tan limestone in Boring 8-8 and below the tan limestone in Boring B-11 . This gray shale is moderately hard, with a THD value of 2 inches per 100 blows. Gray limestone is then present in Borings B-4, 8-8, and B-11. The gray limestone is very hard to extremely hard (rock basis}, with THD test values ranging from Oto 0.75 inch per 100 blows. Shale seams are present within the gray limestone in Boring B-11 below 31-foot depths. Gray shaly limestone is present below the gray limestone in Boring B-8 at a depth of 17 feet below existing grade. The shaly limestone contains shale seams below 23 feet and is hard (rock basis}, with THO test values of 1 to 1.5 inches per 100 blows. Gray sandy shale and shale is next present in Borings 8-1, B-9, and B-11. These gray shales and sandy shales are mo<;Jerately hard to hard (rock basis), with THD values varying from 1.5 to 3.5 inches of penetration for 100 hammer blows. 3.2 Ground-water Observations The borings were drilled using continuous flight augers in order to observe ground-water seepage during drilling. Ground-water seepage was encountered during drilling in Borin gs B-1 and B-3 through B-5 at 18 to 41 feet below existing grade. Water levels of 14 to 34 feet were measured at completion in Borings 8-1 , 8-3 through B-5, and 8-7. Ground-water was then observed at depths of 14 to 34 feet in Borings B-1, B-3, B-5, and 8-7 at the end of the day. Borings B-2 and B-8 through B-10 were dry during drilling and dry at completion of drilling operations . Boring B-11 was dry to a depth of 30 feet. Wet rotary drilling methods were then utilized below this depth in this boring. Table 3 .3-1 summarizes water level data. While it is not possible to accurately predict the magnitude of subsurface water fluctuation that might occur based upon these short-term observations, it should be recognized that ground-water conditions will vary with fluctuations in rainfall. Seepage near the observed levels should be anticipated throughout the year. Fluctuations of the ground-water level can occur due to seasonal variations in the amount of rainfall; site topography and runoff; hydraulic conductivity of soil strata; and other factors not Report No. 123-06-06 CMJ ENGINEERING, I.Ne. 5 evident at the time the borings were performed. Water may perch atop less permeable shaly clays, or may be encountered in joints, fractures, or permeable seams within the clays. TABLE 3.3.1 Ground-Water Observations Boring Seepage Water at Water at End of No. During Drilling Completion (ft.) Day(ft.) (ft.) B-1 41 35 34 B-2 Dry Dry Dry B-3 18 17 16 B-4 27 .5 16 - B-5 27 26 25 w/ cave-in at 9 B-7 Dry 14 14 B-8 Dry Dry Dry B-9 Dry Dry Dry B-10 Dry Dry - B-11 Dry -- Due to the variable subsurface conditions, long-term observations would be necessary to more accurately evaluate the ground-water level. Such observations would require installation of piezometer or observation wells which are sealed to prevent the influence of surface water. 4.0 FOUNDATION RECOMMENDATIONS 4.1 General Foundation Considerations Two independent design criteria must be satisfied in the selection of the type of foundation to support the proposed aerial crossings. First, the ultimate bearing capacity, reduced by a sufficient factor of safety, must not be exceeded by the bearing pressure transferred to the foundation soils . Second, due to consolidation or expansion of the underlying soils during the operating life of the structure, total and differential vertical movements must be within tolerable limits. 4.2 Straight-Shaft Design Parameters 4.2.1 General Considerations Auger excavated, cast-in-place reinforced concrete straight-shaft drilled piers will provide a suitable means of transmitting structural loads of the aerial crossings to the bearing material. Recommendations and parameters for the design of cast-in -place straight-shaft drilled piers are Report No. 123-06-06 CMJ ENGINEERING, INC. 6 outlined below. Specific recommendations for the construction and installation of the straight-shaft drilled piers are included in the following section, and shall be followed during construction. 4.2.2 Aerial Crossing at Boring B-1 Bearing Stratum Depth of Bearing Stratum: Required Penetration/Depth: Gray SANDY SHALE Approximately 43 feet below existing grades Alt piers should penetrate into the bearing stratum a minimum of 3 feet, or one pier diameter, whichever is greater. Deeper penetrations may be required to develop additional skin friction and/or uplift resistance. Allowable End Bearing Capacity: 16,000 psf Allowable Skin Friction: 4.2.3 Aerial Crossing at Boring B-4 Applicable below a temporary casing and below a minimum penetration of 3 feet into gray sandy shale; 1,800 psf for compressive loads and 1,000 psf for tensile loads. Bearing Stratum Gray LIMESTONE Depth of Bearing Stratum: Approximately 27.5 feet below existing grades Required Penetration/Depth: Alt piers should penetrate into the bearing stratum a minimum of 2 feet, or one pier diameter, whichever is greater. Deeper penetrations may be required to develop additional skin friction and/or uplift resistance. Allowable End Bearing Capacity: 40,000 psf Allowable Skin Friction: Applicable below a temporary casing and below a minimum penetration of 2 feet into gray limestone; 6,500 psf for compressive loads and 5,000 psf for tensile loads. 4.2.4 Aerial Crossing at Boring B-5 Bearing Stratum Tan LIMESTONE Depth of Bearing Stratum: Approximately 27 feet below existing grades Required Penetration/Depth: All piers should penetrate into the bearing stratum a minimum of 3 feet, or one pier diameter, whichever is greater. Deeper penetrations may be required to develop additional skin friction and/or uplift resistance . Allowable End Bearing Capacity: 15,000 psf Allowable Skin Friction: Applicable below a temporary casing and below a minimum penetration of 3 feet into tan limestone; 2,000 psf for compressive loads and 1 ,300 psf for tensile loads . Report No. 123-06-06 CMJ E NGINEERING, !Ne. 7 4.2.5 Straight Shaft Design Considerations The above values contain a safety factor of three (3). Skin friction is applicable for that portion of the shaft embedded in the bearing stratum described above below any temporary casing. Penetrations greater than the minimum penetration may be required to develop additional skin friction and/or uplift resistance. For lateral shaft resistance, an allowable passive resistance of 1,000 psf may be considered in the overlying clays. Lateral shaft resistance should not be considered within the upper 15 feet. In order to develop full load carrying capacity in skin friction, adjacent shafts should have a minimum center-to-center spacing of 3 times the diameter of the larger shaft. Closer spacing may require some reductions in skin friction and/or changes in installation sequences. Closely spaced shafts should be examined on a case-by-case basis. As a general guide, the design skin friction will vary linearly from the full value at a spacing of 3 diameters to 50 percent of the design value at 1 diameter. A minimum pier diameter of 24 inches is recommended . Settlements for properly installed and constructed straight shafts will be primarily elastic and are estimated to be one inch or less. 4.3 Soil Induced Uplift Loads The drilled shafts could experience tensile loads as a result of post construction heave in the site soils. The magnitude of these loads varies with the shaft diameter, soil parameters, and particularly the in-situ moisture levels at the time of construction. In order to aid in the structural design of the reinforcement, the reinforcement quantity should be adequate to resist tensile forces based on soil adhesion equal to 1,500 psf acting over the upper 10 feet of the pier shaft. This load must be resisted by the dead load on the shaft, continuous vertical reinforcing steel in the shaft, and a shaft adhesion developed within the bearing strata as previously discussed for straight shafts. 4.4 Drilled Shaft Construction Considerations Drilled pier construction should be monitored by a representative of the geotechnical engineer to observe, among other things, the following items: • Id entification of bearing material Report No. 123-06-06 CMJ ENGINEERING, INC. 8 • Adequate penetration of the shaft excavation into the bearing layer • The base and sides of the shaft excavation are clean of loose cuttings • If seepage is encountered, whether it is of sufficient amount to require the use of temporary steel casing. If casing is needed it is important that the field representative observe that a high head of plastic concrete is maintained within the casing at · all times during their extraction to prevent the inflow of water It should be anticipated that ground-water seepage will be encountered during installation of the straight shafts and that seepage rates and/or caving will be sufficient to require the use of temporary casing for installation of the straight shafts. The casing should be seated in the bearing stratum with all water and most loose material removed prior to beginning the design penetration. Care must then be taken that a sufficient head of plastic concrete is maintained within the casing during extraction. If the water cannot be controlled, we recommend the concrete be placed by a tremie or by using a concrete pump. If this method is utilized, end bearing should be neglected and the shaft design based entirely on skin friction. In this case deeper penetrations will be required. Test shafts are recommended to determine if temporary casing will be sufficient to seal off the ground-water seepage or if underwater concrete techniques are required . Tremied or pumped-in concrete for straight shafts should take place as continuously as possible until the concrete placement is complete. The bottom of the discharge pipe should always be kept below the surface of the concrete. Before tremied or pumped-in concrete is used, care should be taken to ensure that the water is at a stabilized level and muck is removed to as low a level as possible, which will provide for a thin water solution to be displaced during concrete placement. The pipe or tremie is to be plugged when inserted into the pier and lowered until it is resting on the bottom of the hole. It should be filled with concrete and then lifted off the bottom about 1 foot. The concrete should then be placed in a continuous operation until all water is forced out of the hole. The tremie or pipe must always have about 5 feet of pipe into the concrete. Once the water is forced from the pier, the remaining concreting operation will be the same as for a cased hole. Shaft excavations should be performed with equ ipment suitable to perform this work by a contractor experienced in this area. Extremely hard layers of limestone or sandstone can be Report No. 123-06-06 CMJ ENGINEERING, INC. 9 encountered. It should be anticipaied that large boulders of limestone or sandstone could potentially not be penetrated with augers and could require special drilling techniques. Precautions should be taken during the placement of reinforcing steel and concrete to prevent loose, excavated soil from falling into the excavation. Concrete should be placed as soon as practical after completion of the drilling, cleaning, and observation. Excavation for a drilled pier should be filled with concrete before the end of the workday, or sooner if required to prevent deterioration of the bearing material. Prolonged exposure or inundation of the bearing surface with water will result in changes in strength and compressibility characteristics. If delays occur, the drilled pier excavation should be deepened as necessary and cleaned, in order to provide a fresh bearing surface. The concrete should have a slump of 6 inches plus or minus 1 inch. The concrete should be placed in a manner to prevent the concrete from striking the reinforcing cage or the sides of the excavation. Concrete should be tremied to the bottom of the excavation to control the maximum free fall of the plastic concrete to less than 10 feet. In addition to the above guidelines, the specifications from the Association of Drilled Shaft Contractors Inc. "Standards and Specifications for the Foundation Drilling Industry" as Revised 1999 or other recognized specifications for proper installation of drilled shaft foundation systems should be followed. 5.0 TRENCH / BORE EXCAVATIONS 5.1 Expected Subsurface Conditions The project site spans across several miles of terrain, traveling though at least three different geological formations. The soils encountered in the borings can be excavated using conventional earthwork equipment. In Borings B-8, B-9, and B-11, the proposed sewer line will be located within natural, intact, and massive shale, shaly limestone , and limestone and also within limestone fill present in Boring B-2. These "rock" materials will require heavy duty specialized equ ipment for excavation. In add ition, overexcavation should be anticipated within the shales and shaly limestones. Overexcavation may result from large blocks or chunks breaking along either weathered or clay seams beyond the planned excavation. Report No. 123-06-06 CMJ ENGINEERING, !Ne. 10 Selected zones of shale, limestone , gravel seams/layers and limestone fills were noted within the borings, and can be difficult to remove or excavate. Readers should understand these materials do pose a potential threat of difficulty in excavation and may exacerbate caving potential. 5.2 Open Cut The trench excavations should be performed in accordance with OSHA Safety and Health Standards (29 CFR 1926/1919), Subpart P. For excavations less than 5 feet deep through the various clays, it is expected that near vertical excavation walls will be possible. However, in the case that excavations occur through soft clays, granular soils, non-compacted fill, or submerged soils it will be necessary to either slope the excavation sidewalls or provide temporary bracing to control excavation wall instability. In addition, for excavations deeper than 5 feet, the excavation sidewalls must be sloped or temporary bracing must be provided, regardless of the so il cond itions encountered. 5.3 Trench / Bore Pit Dewatering As discussed in Section 3.3, Ground-water Observations, ground-water conditions can vary with seasonal fluctuations in rainfall. In the case that ground-water is encountered, controlling the ground-water is essential to construction of the sewer line. Failure to control any encountered ground-water could result in trench wall collapse, trench bottom heave, an unstable trench bottom and detrimental pipeline settlement and pipe deflections after , backfilling. Ground-water levels should be maintained at lease two feet below the bases of the excavation for the full term of construction. Protection of the open excavations should be provided during periods of moderate to heavy rainfall, as surface water will most likely channel and collect in the excavations. The water level should be lowered prior to excavating and should be ma intained at this lowered level until the pipe trench is backfilled. It is likely that seepage may be controlled by means of collection ditches , sumps, and pumping. However, in the event that water infiltration rates are high , it may be necessary to install a more elaborate dewatering system. The design of any dewatering system required is the contractor's respons i bility. 5.4 Soft Trench Bottom Conditions Where fill s are encountered in selected locations, some caving may occur. Soft tre nch bottom cond iti ons are unlike ly where the trench bottom is situated in the natu ral clays , as is t he case with th e plann ed sewe r lin e, but soft cond iti ons may occur. Unst able tre nc h bottoms are co nside red to Report No. 123-06-06 CMJ ENGINEERING, INC. 11 be unsuitable for support of the pipe . Soft clays could occur where ground-water is present. In any areas where unsuitable bearing materials are encountered at the planned invert elevation, the trench bottom can be prepared using the following method: • Under-cut to a suitable bearing subgrade and replace with a structural compacted fill. The over-excavation should extend laterally a distance of at least 1 foot beyond the edges of the pipe, and then at least 1 foot laterally for every 1.5 feet of fill required beneath the pipe. The over-excavation backfill should ' be completely surrounded with a geotextile consisting of Mirafi 140N, Amoco ProPex 4545, or equivalent. The backfill should consist of a free draining aggregate (i.e., sands, gravels, crushed limesto11e, or crushed concrete) approved by the geotechnical engineer. The backfill should be placed in maximum 9-inch loose lifts and uniformly compacted to a minimum relative density of 65 percent as determined by test methods ASTM D 4253 and D 4254. 5.5 Excavation Considerations If open trench cuts are performed within 1.25 times the trench depth of any surface structure, trench shoring {not trench boxes) should be used within open trench cuts performed within this distance. Hydraulic shoring struts should be used and installed during excavation as needed to provide full lateral support to vertical trench sidewalls and thereby help reduce lateral ground movements near existing structures. A pre-construction condition survey should be performed prior to beginning excavation near any structure that could be affected by the trench excavation to verify existing conditions (existing distress) prior to construction. Construction monitoring should be performed to verify that existing structures are not impacted or damaged by construction operations. Any pavement structure { concrete, asphalt, base course material or stabilized subgrade) should extend a minimum of 12 inches beyond the edge of the excavation trench. This additional width of pavement structure greatly reduces the potential for reflective cracking upwards into the pavement. 5.6 Trench Backfill Pipe embedment should be a coarse-grained cohesionless material that will properly fill the area below the spring line of the pipe. This bedding should extend above the p ipe a minimum of 6 inches to provide protection of the pipe during placement of the trench backfill. Report No. 123--06-06 CMJ ENGINEERING, INC 12 Site excavated materials are generally considered suitable for use as backfill above the pipe bedding materials. All trench backfill should be free of deleterious materials. Use of rock fragments greater than 4 inches in any dimension should be prohibited, since attaining a uniform moisture and density without voids would be difficult. Backfill should be compacted in maximum 8- inch loose lifts at a minimum of 95 percent of the Standard Proctor density (ASTM D 698). The uncompacted lift thickness should be reduced to 4 inches for structure backfill zones requiring hand-operated power compactors or small self-propelled compactors. Clay soils having a Plasticity Index greater than 20 should be compacted at a moisture content ranging from O to plus 4 percentage points above the optimum moisture content. Granular soils having a Pl less than 20 should be compacted at a moisture content ranging from minus 3 to plus 3 percentage points of the optimum moisture content. Jetting to compact the pipe backfill should not be allowed. In areas where settlement of the backfill must be closely controlled, the trench excavation should be backfilled with either cement stabilized sand or flowable concrete having a 28-day compressive strength ranging between 50 and 200 psi. In order to reduce the potential for erosion, cement stabilized sands or flowable concrete can also be considered where the pipe exits slopes associated with drainage swales, and will not require compaction after placement. 5. 7 Trench Backfill Settlement Settlement of the backfill soils should be anticipated. It is anticipated that properly compacted on- site clay fill soils will settle between about 1 and 2 percent of the fill thickness. For example, 10 feet of fill would be expected to settle on the order of 1.2 to 2.4 inches. The trench backfill could be over-built in order to reduce the potential for a surface depression along the trench centerline . We recommend the backfill be crowned. The centerline of the excavation should be over-built by one foot and sloped down to match grade at the edge of the excavation. 5.8 Provisions to Reduce Backfill Settlement Field testing will be a critical element in controlling the compaction of the backfill to limit settlement. All trench backfilling in these critical areas shall in clude full-time observation of soil compaction by an experienced geotechnician under the supervision of the geotechnical engineer. The contractor Report No. 123-06-06 CMJ ENGINEERJNG; INC. 13 should provide protection for the testing/inspection personnel while working in the trenches, and shall move the protective shield/shoring such that areas to be tested are readily accessible. The compacted moisture/density of all backfill soils should be tested at a rate of one test per 100 linear feet of trench, for each lift of fill placed, during compaction. Digging through existing lifts of backfill to access and test underlying lifts should not be allowed. In addition, to limit settlement, where Class 1 and Class 2 crushed stone materials are used as pipe bedding materials, they should be wrapped with a suitable geotextile to limit the intrusion of fines into the crushed stone material. 5.9 BorefTunnel Considerations Bore/tunnel excavations are anticipated to encounter stiff to hard silty clays, sandy clays, clays, and shaly clays, except in the vicinity of Boring B-2, where very dense limestone fills are present from 2 feet below existing grade extending below the proposed pipe elevation. Ground-water will likely seep into bore/tunnel excavations, and should be anticipated. Joints in the clays and within the limestone fill can serve as conduits to direct water towards the bore excavation. Water seepage can decrease the stability of the bore/tunnel excavation and result in ground subsidence . Proper de-watering, as discussed above, is imperative for excavation stability. 6.0 EARTHWORK 6.1 Site Preparation & Field Testing The subgrade should be firm and able to support the construction equipment without displacement. Soft or yielding subgrade should be corrected and made stable before construction proceeds . The subgrade should be proof rolled to detect soft spots, which if exist, should be excavated to provide a firm and otherwise suitable subgrade. Proof rolling should be performed using a heavy pneumatic tired roller, loaded dump truck, or similar piece of equipment. The proof rolling operations should be observed by the project geotechnical engineer or his/her representative. Prior to fill placement, the subgrade should be scarified to a minimum depth of 6 inches, its moisture content adjusted , and recompacted to the moisture and density recommended for fill. Fill materials should be uniform with respect to material type and moisture content. Clods and chunks of material shou ld be broken d own and the fi ll material mixed by d isking , blading, or plowing , as necessary, so that a materia l of un iform moisture and density is obtained fo r each lift. Report No. 123-06-06 CMJ E NGINEERING, INC. 14 Water required for sprinkling to bring the fill material to the proper moisture content should be applied evenly through each layer. Field density tests should be taken as each lift of fill material is placed. As a guide, one field density test per lift for each 5,000 square feet of compacted area is recommended. For small areas or critical areas the frequency of testing may need to be increased to one test per 2,500 square feet. A minimum of 2 tests per lift should be required. The earthwork operations should be observed and tested on a continuing basis by an experienced geotechnician working in conjunction with the project geotechnical engineer. Each lift should be compacted, tested, and approved before another lift is added . The purpose of the field density tests is to provide some indication that uniform and adequate compaction is being obtained. The actual quality of the fill, as compacted, should be the responsibility of the contractor and satisfactory results from the tests should not be considered as a guarantee of the quality of the contractor's filling operations. 6.2 Excavation The side slopes of excavations through the overburden soils should be made in such a manner to provide for their stability during construction. Existing structures, pipelines or other facilities, which are constructed prior to or during the currently proposed construction and which require excavation, should be protected from loss of end bearing or lateral support. Temporary construction slopes and/or permanent embankment slopes should be protected from surface runoff water. Site grading should be designed to allow drainage at planned areas where erosion protection is provided, instead of allowing surface water to flow down unprotected slopes. Trench safety recommendations are beyond the scope of this report. The contractor must comply with all applicable safety regulations concerning trench safety and excavations including, but not limited to, OSHA regulations. 6.3 Soil Corrosion Potential Specific testing for soil corrosion potential was not included in the scope of this study. However, based upon past experience on other projects in the vicinity , the soils at this site may be corrosive. Report No. 123-06-06 CMJ ENGINEERING, INC 15 Standard construction practices for protecting metal pipe and similar facilities in contact with these soils should be used. 6.4 Erosion and Sediment Control All disturbed areas should be protected from erosion and sedimentation during construction, and all permanent slopes and other areas subject to erosion or sedimentation should be provided with permanent erosion and sediment control facilities. All applicable ordinances and codes regarding erosion and sediment control should be followed . 7.0 CONSTRUCTION OBSERVATIONS In any geotechnical investigation, the design recommendations are based on a limited · amount of information about the subsurface conditions . In the analysis, the geotechnical engineer must assume the subsurface conditions are similar to the conditions encountered in the borings. However, quite often during construction anomalies in the subsurface conditions are revealed. Therefore, it is recommended that CMJ Engineering , Inc. be retained to observe earthwork and foundation installation and perform materials evaluation during the construction phase of the project. This enables the geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. Until these construction phase services are performed by the project geotechnical engineer, the recommendations contained in this report on such items as final foundation bearing elevations, proper soil moisture condition , and other such subsurface related recommendations should be considered as preliminary. It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner or the owner's design engineers to cont ract directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers and the geotechnical engineer. Report No. 123-06-06 CMJ E NGINEERJNG, INC 16 8.0 REPORT CLOSURE The borings for this study were selected by TranSystems Corporation and CMJ Engineering, Inc. The locations and elevations of the borings should be considered accurate only to the degree implied by the methods used in their detennination. The boring logs shown in this report contain infonnation related to the types of soil encountered at specific locations and times and show lines delineating the interface between these materials. The logs also contain our field representative's interpretation of conditions that are believed to exist in those depth intervals between the actual samples taken . Therefore, these boring logs contain both factual and interpretive information. Laboratory soil classification tests were also performed on samples from selected depths in the borings. The results of these tests, along . with visual-manual procedures were used to generally classify each stratum. Therefore, it should be understood that the classification data on the logs of borings represent visual estimates of classifications for those portions of each stratum on which the full range of laboratory soil classification tests were not performed. It is not implied that these logs are representative of subsurface conditions at other locations and times . Wrth regard to ground-water conditions , this report presents data on ground-water levels as they were observed during the course of the field work. In particular, water level readings have been made in the borings at the times and under conditions -stated in the text of the report and on the boring logs. It should be noted that fluctuations in the level of the ground-water table can occur with passage of time due to variations in rainfall, temperature ~nd other factors. Also, th is report does not include quantitative information on rates of flow of ground water into excavations, on pumping capacities necessary to dewater the excavations , or on methods of dewatering excavations. Unanticipated soil conditions at a construction site are commonly encountered and cannot be fully predicted by mere soil samples, test borings or test pits. Such unexpected conditions frequently requ ire that additional expenditures be made by the owner to attain a properly designed and constructed project. Therefore , provision for some contingency fund is recommended to accommodate such potential extra cost. The analyses , conclusions and recommendations contained in this report are based on site conditions as they existed at t he time of our field investigation and fu rth er on t he assumption that the exploratory borings are representative of the subsurface conditions throughout the site ; that is, the subsurface cond itions everywhere are not significantly different from those disclosed by the borings at the t ime they were completed. If , during constru ction, different subsurface conditions from t hose encountered in our borings a re observed , or appea r t o be p rese nt in excavati ons , we Report No . 1 23-06-06 CMJ E NGINEERING, INC. 17 must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. If there is a substantial lapse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we urge that we be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse . Further, it is urged that CMJ Engineering, Inc. be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report . In addition, we are available to observe construction, particularly the compaction of structural fill, or backfill and the construction of foundations as recommended in the report, and such other field observations as might be necessary. The scope of our services did not include any environmental assessment or investigation for the presence or absence of wetlands or hazardous or toxic materials in the soil, surface water, ground water or air, on or below or around the site. This report has been prepared for use in developing an overall design concept. Paragraphs, statements, test results, boring logs, diagrams, etc. should not be taken out of context, nor utilized without a knowledge and awareness of their intent within the overall concept of this report. The reproduction of this report, or any part thereof, supplied to persons other than the owner, should indicate that this study was made for design purposes only and that verification of the subsurface conditions for purposes of determining difficulty of excavation, trafficability , etc. are responsibilities of the contractor. This report has been prepared for the exclusive use of TranSystems Corporation for specific application to design of this project. The only warranty made by us in connection with the services provided is that we have used that degree of care and skill ordinaril y exercised under similar conditions by reputable members of our profession practicing in the same or similar loca lity. No other warranty, expressed or implied , is made or intended. * * * * Re port No. 123-06-06 CMJ E NGINEERlNG, !NC. 18 t~sr roR I{ TRINIT\, ----" RIV[R / / I I I \ I ' . . . . . . \ : \ : / : I / ~------+-------.__ / ,?' i s: ' /1 I ~ ~ r, I o r ~ z m ( ' B-11 ~---_J "7-:;::=:========.=::;:::.~:::==+=::W::/N::T::ER:::S::: L£C£ND : Boring loco(ion Proposed Sanitary Sewer Uni, -=9CMJENOINl!BRlNO ,INC. PLAN OF BORINGS @ M25:3 SANITARY SEWER LINE '-'CM.;;J;..:..;PR;.;;OJ;;E;.;;C.;..T.:.;N;;O·..:l=.;2J::..·.::.06::.-.::.0::.6 ____ JL _____________________ F_o_R_T_w_o:..R:..T:..H.:., ~T~E:..X~As::_ _________________________ J A -- -- ' ' : ' : I i ' --t-------- s:! -~ ~i s-a· o: I: I c: l z: rn: -........ I I : WINTER STREET l[G[NO: Boring Locolfon Proposed Sonitory Sewer Une .. No le: ' I I I / / ' I I \ \ J / ' ' 8orrn9 B-6 wo.s not accessible for drming al lhe time of lhis investigation I I \ 8-7 \ \ \ \ \ ' ' I I I I ( I ' 500 ,A,/Jpro11imofe Stole j N t 1000 f~d ... CMJENoINE£RINo,rnc. PLAN OF BORINGS @ M253 SANITARY SEWER LINE ._c_M_J __ PR ... o ... J;.;EC;.;.T.;.N.;.;o;.;.· ... ,2;.;;J.;.-0::.:6;..-;.;06~---....I-----------------------F-o_R_r_w_o_R_r_H._T_E_xA_s ___________________________ _J 8 Major Divisions Grp. Sym. Typical Names Laboratory Classification Criteria Well-graded gravels, gravel- GW sand mixtures, little or no fines D60 (D,J2 Cu= -greater than 4: Cc= between 1 and 3 D,o 0 10 x D60 C o..u~----------------------1 (/) (/) _g .2 Q) u.!:::1 Q) ~ U) N .._ Ql Poorly graded gravels , gravel GP sand mixtures , little or no ~:i [ Cl) (f) "' -<.5 rn Cl. (!) ::i Not meeting all gradation requirements for GW ·;;; tJ)Ql> Ql Qi l!! .!!! > > m <I) fines -~ ~ 8 ,q-------i--+-------------1 ., rn . tJ> C ~ Cl "01-----------....------------:f C: ~ ,n .S Cl~.!:: : : g Liquid and Plastic limits below "A" line or P.I. greater than 4 O '-''<-OQ)::l I NQ) 0 ~ z c: o GM Silty grave s, gravel-sand-silt Liquid and plastic limits plotting in hatched zone between 4 and 7 are borderline cases requiring use of dual symbols N tii S ,;::: E mixtures CD ui 0 ..c1::..c:Cllci) ?:~ : Q) : ,.__ z C -j ..!!! ~ !----+-------------tH* ro "'~,;::: a>o :81-------------1 C "'m = .c 0 ..... en ,.__ (I) "O ~ Q) ,.__ C ro ·co-;;; 0>= I (ll Q) ·-en ,.__ ,.__ Q) ro ...... o ro oE (I) £ ~ ~Uo ,~ 0 ~ [ GC Clayey gravels, gravel-sand-c 0 ~. C> a. clay mixtures ·co z -~ a~ 2 tii E <I) .!!! E .S 0 ~ ~ ~~ a> SW Well-graded sands, gravelly m ~ .§ sands, little or no fines 1 ~ C1l O L-C me ~o C '-1----+---------------l-c U "' ~ : .~ : i:: : Q) Liquid and Plastic limits above "A" line with P .I. greater than 7 =~----------'----------! is Doo (D,.)2 C0 = -greater than 6 : Cc= between 1 and 3 0,o 0 10 X 0 60 Bai mo d cro ........ --N a> a> Poorly graded san s; ro ,:= ..., c o u ·-OB -o~ ca> ,._ ro "' ;:J. SP gravelly sands, little or no al g: a> 0 e Not meeting all gradation requirements for SW <ii ~ ~ -fines "' ~ m ~ ...; ~ ~ ~ ·~1------f---+-------------10 Q 0. N Cl-----------....------------1 <O c:cijr/J ,.._ f./J(l) LO~~ £ ~ 0o ~ O a, O> C C: '--L" ·ct d !l> ,._ o <I) c s·ity d d ·it ~ !'le: ~ ~ ~ 1qu1 an Plastic limits i5 o z :g 5 SM I san s, san -s1 c Q) .; ~ ~ N below "A" line or P.1. less Liquid and plastic limits .S ~ ~ ,;::: E mixtures a> ~ s: <I) ~ ~ than 4 ..c: ..c: 2 ~ ~ e ~ g 1fl o .8 plotting between 4 and 7 G) > a) <ii 0 0 N 0 z C Ill £ ~ Q) O-rr, rn -o E ~ en ·cu.!!? .__ O> ro d, "C c~ ·-ro u.. E -0 ~ m .c C ro £ ~ 0 ~ c -:: .!:!:: c 1----+--------------i ~ 6 .E"' _J ~ in.1-------------1 are borderline cases £ "'i5,;::: (I) • 1? ·u .S .f ~ Liquid and Plastic limits requiring use of dual m ~ SC Clayey sands, sand-clay E -g ~ above "A" line with p .I. symbols rn a. mixtures m Q) "' $ ~ ! ~ greater than 7 ML CL Inorganic silts and very fine sands, rock flour, silty or clayey fine sands, or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, and lean clays OL Organic silts and organic silty clays of low plasticity so~--...---~-+---.----..---+---+---,----+-~ /v 501----<l---t----+----+--+---t---+---t-/~"-t-----t CH / 41'.:-+---l--+---+---t--+----h~--+--I ~ IVV 1-------~1----+------------1-= 8 lO C ro (/) .c >. ..... m ,.__ 0 .8 Ill "Cl a) C ,.__ Cl! C) ,.,,~ ~E (/) = "O ·5 C- d MH CH OH Pt Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts Inorganic clays of high plasticity, fat clays Organic clays of medium to high plasticity , organic silts Peat and other highly organic soils z;,301-----i----i----,1---+---+---:ll'-----+----+---i-----t i • ~ OHardMH ·~ 201---1----1--CL-+---+-~-.,c....+---+---+---+----+--------1 1'.: / V 7 "-"-~°VI' Mla1dOL 4 ' / OL--'---L---'---'----'----'-----'---'----'---' 0 10 20 30 40 50 60 70 80 90 100 Liquid Limit Plasticity Chart UNIFIED SOIL CLASSIFICATION SYSTEM PLATEA.2 SOIL OR ROCK TYPES --=-GRAVEL LEAN CLAY SILTY HIGHLY PLASTIC CLAY LIMESTONE SHALE CONGLOMERATE Shelby Tube Auger Split Spoon TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No. 200 Sieve) Descriptive Item Penetrometer Reading, (tsf) Soft 0.0 to 1.0 Firm 1.0 to 1.5 Stiff 1.5 to 3 0 Very Stiff 3.0 to 4.5 Hard 4 .5+ Coarse Grained Soils (More than 50% Retained on No . 200 Sieve) Penetration Resistance Descriptive Item (blows/foot) o to 4 4 to 10 10 to 30 30 to 50 Over50 Soil Structure Very Loose Loose Medium Dense Dense Very Dense Relative Density Oto 20% 20to40% 40 to 70% 70 to 90% 90 to 100% Rock Core Contains appreciable deposits of calcium carbonate; generally nodular Having inclined planes of weakness that are slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks , sometimes filled with fine sand or silt Cone No Pen Recovery Calcareous Slickensided Laminated Fissured lnterbedded Composed of alternate layers of different soil types , usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Soft Moderately Hard Hard Can be remolded in hand; corresponds in consistency up to very stiff in soils Can be scratched with fingernail Can be scratched easily with knife; cannot be scratched with fin gernail Difficult to scratch with knife Very Hard Cannot be scratched with knife Poor1y Cemented or Friable Easily crumbled Cemented Bound together by chemically precipitated material; Quartz, calcite, dolomite, siderite, Degree of Weathering Unweathered Slightly Weathered Weathered Extremely Weathered and iron oxide are common cementing materials. and iron oxide are co mmon cementing materials. Rock in its natural state before being exposed to atmospheric agents Noted predominantly by color change with no disintegrated zones Complete color change with zones of slightly decomposed rock Complete color change with cons istency, texture, and general appearance approach ing so il KEY TO CLASSIFICATION AND SYMBOLS PLATEA.3 Project No. I Boring No . Project M-253 Sanitary Sewer Line CMJ ENGINEERING INC - 123-06-06 B-1 Fort Worth, Texas Location Water Observati ons See Plate A.1 Seepage at 41' during drilling; water at 35' at completion; water at 34' at Completion I Completion end of day Depth 45.0' Date 10-17-07 Surface Elevation Type NIA B-47, w/ 6" CFA it 0 "' (I) .c .!l ci a. E E >, "' Stratum Description Q) U) 0 U) I SANDY CLAY, reddish brown and brown, w/ gravel, I--calcareous nodules, and ironstone nodules, stiff I--(fill) I- lf@ SAND, light reddish brown, w/ sandstone '--fragments, loose (fill) -5- - --=}l~f)}]} -SILTY CLAY/ CLAY, brown to dark brown, w/ --ironstone nodules, stiff to very stiff '-10--w/ ca lcareous nodules, 8' to 10' I-- I-- I-- I-- '-15- -w/ light reddish brown, 14' to 19' I-- I-- I-- I-- '-20- I-- I-- I-- I-- ~2s- I-- I-- -- -- -3v ~ -- - - --SANDY CLAY, light brown, w/ ironstone nodu les, I--firm to stiff '-35- I-- I-- I-- I-- l-40-- I-- I-- I--SANDY SHALE, gray, moderately hard ----I-----..., 0.. C> .f-45----~------------------------ ig I C> z ir 0 a, IL 0 C> 0 ..I ---- LOG OF BOR ING NO_ B-1 ~ (.) w Cl'.'. 0 0 c: U:: ~ .,; N o .5 0 ';f!. ~u: -0 .Q 6-. -0 z ~:~ -t1I o,'cF-';f!. :?;, Q) a ?;-::i :,ii! !!:: Q) C: o*-·o :i C c.:: ~ V, 0 (I) Cl'.'. u.: ·-ai -0 -G) OS,2 C: a. -0 ~d :.:; X 0 3: C: • "'> :5 =: "' Q) .,,_ 8E§ -C: ~en a .2 G) q ~.~ er E "'E <11-0 oo C..o C: 0 0 Cl'.'. co !l. I-a.. U) .::i:::i a: .::i 0:: ..!:: ::Ee.> :::>..J :::>(.)a.. 2 .25 15 2.0 13 2 .0 19 11 4 6 3.0 49 18 31 17 1.75 21 104 3310 2 .5 28 3.25 20 2.5 44 17 27 20 1.25 21 107 990 2.5 100/3.5" PLATE A.4 ..., 0.. {!) i <') N " z 2 0 OJ u. 0 {!) g Project No . I Boring No . Project M-253 Sanitary Sewer Line ENGINEERING INC. - 123-06-06 8-2 Fort Worth, Texas CMJ Location Water Observations See Plate A.1 Dry with cave-in at 18' during drilling; dry with cave-in at 24' at Completion I Completion completion; dry at end of day Depth 30.0' Date 10-:17-07 Surface Elevation Type N/A B-47, w/ 6" CFA LC 0 <I) 0 a> 0 £ .0 ci ~ oi "' C: ii: a. E E o.!: 0 ~ ~LC "O O . a> >-ca Stratum Description . 'O ~~ a., vi CT 0 Cl) Cl) -ca .?;-a> -~ :j ~;~ :::!:! "$. ~~. :::!:! 0~ ~-C: 0 ·13 :, C: 0 -II) .!2 ..;--a> 0~ C: ~ 'O (.) 0 ;;:: C: I.I., ~.~ ~~ :;:; )( u,-8 ~§ :, ·-u, Q) ·-C: ~(/) w 0 g Q) Cl) o-E ca E nl 'O oo C: .0 C: 0 0 a:: a:: co C..1--C..CI) ::J::J a: ::J 0:.5 :i:U ::i ...I ::i (.) c.. -~ SANDY CLAY, brown and gray, w/ limestone 4 .5+ 13 '-fragments and ironstone nodules, hard (fill) 4 .5+ 9 I--;=c FRAGMENTED LIMESTONE, tan and gray, very 50/3" '-dense (fill) I-h--1---50/2" 9 '-5-g I-- '-hib FRAGMENTED LIMESTONE, gray, very dense 50/5.5" '--(fill) '-~~ ......... 1C--50/1" I-- '-- I-- I-- "-1~ 1 ~ 50/2" 9 I-- '-- ~ - ...... -~ 50/3" .._2u ...... - ...... -FRAGMENTED LIMESTONE, tan, w/ brown sandy I--clay, gravel, and metal wire (fill) ...... ......... 25-8 I-- I-- ~ - ...... , SANDY CLAY, light reddish brown, w/ calcareous 15 ......... 30---, nodules------------------;- LOG OF BORING NO. 8-2 PLATE A.5 C) z a: 0 ~-----~-------.----------------------------CMJ ENGINEERING INC - Project No. I Boring No. Project M-253 Sanitary Sewer Line 123-06-06 8-3 Fort Worth, Texas Location Water Observations See Plate A.1 Completion Depth 30.0' I Completion Seepage at 18' during drilling; water at 17' at completion; water at 16' at end of day ..... ..... ..... - ~5- ..... - ~10- ..... - ..... - o ill .0 a. E E >, <II CJ) Cl) \ ~ 1~ I = ,. = I ~ .u -1 ..... - ..... 2----y??W,:,'//.1'/- ~ CJ=~~ ~ -~ ~ ..... ~~y Date 10-17-07 Surface Elevation N/A Type 8-47, w/ 6" CFA Stratum Description SANDY CLAY. light brown and brown, w/ limestone fragments, calcareous nodules, and ironstone nodules, stiff to hard (fill) SILTY CLAY. light brown. w/ calcareous nodules, very stiff to hard SHAL Y CLAY. brown , light brown , and gray, w/ calcareous nodules -hard, 23 .5' to 29' -w/ gravel seams, 29' to 30' ------------------------- (.) w O'. ?ft. 0 0 O'. 1.5 2.5 4 .5+ 4 .5+ 4 .5+ 4 .5+ 4 .5+ 3.5 4.5+ 4.5+ 0 0 N 0 z 0 g>~ *- ·~ ~ ~d ct! .!!1 .Q" f; c.. en ..J ..J 10 40 16 24 13 10 130 25870 14 22 106 7240 34 14 20 16 16 ~I--_L_..J..j __ _J_ ___________________ __.__--1._--1. __ ___, _ ___, _ ___,c____;c___.___L--_,.____---I 0 8 LOG OF BORING NO . 8-3 PLATE A.6 ...J ... 0 C!> i 0 C!> z ix: 0 ID u. 0 C!> 0 ..J Project No. I Boring No. Project M-253 Sanitary Sewer Line C ENGINEERING INC. - 123-06-06 8-5 Fort Worth, Texas MJ Location Water Observations See Plate A.1 Seepage at 27' and slight cave-in at 9' during drilling; water at 26' at Completion I Completion completion; water at 25' at end of day Depth 30.0' Date 10-16-07 Surface Elevation Type N/A 8-47, w/ 6" CFA it 0 ti) 0 Q) 0 C ti .,:: ..0 0 ~ en N 15. E E 0 .s 0 ~ ~ii -o .Q CT >, "' Stratum Description • 'O ~~ ~ ~f!? a, en cn -.,, z, Q) -0 ~ ~ LL a, ~ 0~ ~c c:;; lo: Q) a, 0 ciSo::u..: C ·u 0~ C ~'O 0 ·-Q)-:g ..... ~d :,::; )( -Q) 0 0. C t) 3: C . "'> ,,,_ :,·-"' Q) ·-C ~ en o E:, w 0 .Q a,~ ~-~ CT E ..!!! E n, 'O Oo <=..o coo \ Cl'. Cl'. ma.1-a.en ::J ::J a. .:::i 0::E ~t) ::) _J ::) t) a. SANDY CLAY, brown and light reddish brown, w/ 2 .0 18 ~ -gravel, ironstone nodules, calcareous nodules, and I--brick fragments, stiff to hard (fill) 4.5+ 16 I--4 .5+ 39 18 21 10 ~ GRAVEL, w/ limestone fragments and brown sandy 50/3" '--5--_-:w clays, very dense {fill) --L------~ ----,: 50/2" 5 5 L----!1..1 L-------50/2" '--10---L---::--~ -CLAY/ SILTY CLAY, brown , w/ ironstone nodules L--and calcareous nodules, hard ~ -4.5+ 50 21 29 17 '--15- ~ - I-- L-- ~ -4.5+ 14 '--20- L-- ~ - ,_ --grades light reddish brown and gray, 23' to 27' ~ - l-25-4.5+ 13 I-- ~ --LIMESTONE, tan, w/ gravel seams, hard ---~ 100/1" ~30-~------------------------ LOG OF BORING NO. B-5 PLATE A.8 (!) z °' 0 tO LL 0 (!) 0 -' Project No. I Boring No. Project M-253 Sanitary Sewer Line ENG!NEERlNG INC. - 123-06-06 8-7 Fort Worth, Texas CMJ Location Water Observations See Plate A.1 Dry during drilling; seepage at 14' at completion; water at 14' at end of Completion I Completion day Depth 15.0' Date 10-16-07 Surface Elevation Type NIA 8-47, w/ 6" CFA u:: 0 r/) 0 a, 0 C LL £ ..c 0. ~ en N E E 0 .s 0 ~ ~ii -o .Q er 0. >. "' Stratum Description .u ~~ 0 ~ :w Ql Cl) Cl) -m ~ a, • Cl ~ ~ u. Ql ~ o?f!. ~-~:j I;: (l)ct) U) a:: u: C: ·u :::, C c~u Q -ai :E __, ~~· ·.;:; X -Q) Q~ 0 o.c 0 J:: C , r/) > r/)-:::,-r/) (I) -c -~(I) u E :::i \ w 0 .2 Q) Cl.) ;.~ O' E "'E mu Oo C..c coo a:: a:: ,:0 Q.1-Q. Cl) ::; .:i a:::; 0::E ~() ::>...J ::> t) 0.. SANDY CLAY. brown , w/ gravel, calcareous 2 .0 12 .... -nodules. ironstone nodules, limestone fragments. 4.5+ 8 .... -and glass fragments , stiff to hard (fill) 4 .5+ .... -4 .5+ >--4.5+ 13 '-5 CLAY, dark brown, w/ calcareous nodules, hard >--.... -4.5+ 61 25 36 20 >-- .... -4.5+ 16 '-10- .... -.... -CLAYEY SAND, light reddish brown , very dense .. .... -a ~~ 59 32 13 ~1:; t% '(,)_ ~9' -------------------------- LOG OF BORING NO. B-7 PLATE A.9 ~ 0.. c., i 0 z 2 0 m u. 0 c., 0 ..J Project No. I Boring No. Project ENGINEERING INC. -M-253 Sanitary Sewer Line 123-06-06 8-8 Fort Worth, Texas CMJ Location Water Observations See Plate A.1 Dry during drilling; dry at completion; dry at end of day Completion I Completion Depth 35.0' Date 10-17-07 Surface Elevatio n Type N/A 8-47, w/ 6" CFA u'. 0 U) 0 <I) 0 cU:: .c .c a. ~cii N a. E E 0£ 0 ~ ~ii '00. >, .. Stratum Description • 'O z CD U) CT C) U) (/) -m O)~ .?;-4l -t2 ~~ 0 ';f!. ~ !::: 4l ~ u"*-:; C ~::i 0 C 0 ·u 012 C ~'O 0 "'tl'. ti: -ai :!2 ...; ~~ :;:, X -4l o a.c c.:, "!: C • U) > u,-:,·-U) ., -c ±! Cl) o E :, w 0 .2 4l CJ? gj ~ er E ii:5 m-c oo C .0 coo Q'. Q'. []) a..1-Q..(/) ~::J a::.s 20 ::::, _J ::::, (.) a. ~ SANDY CLAY, brown, w/ ironstone nodules and 2 .25 14 .... -I'\ calcareous nodules, stiff r 4 .5+ 43 15 28 14 .... -SILTY CLAY, tan, blocky, hard 4.5+ 16 121 36960 .... - I-- L-5-4 .5+ 18 .... -.... -LIMESTONE, tan, hard 100/1" I--LJ_ SHALE, gray, w/ limestone seams, moderately hard .... --- 100/2" -- 1-10--- -- I--~ LIMESTONE, tan .... - I--LIMESTONE, gray, very hard tt00/0.75 '-1.:; I-- I--SHAL Y LIMESTONE , gray, hard I-- I- '-20-h-1-h00/1 .25' I-- .... - .... --w/ shale seams, 23' to 35' I-- '----2~ 100/1" I--.... - I-- --f-1-T-100/1 .5" '-3v -- '-- I-- I- LL_ lf00/1 .25 '-35-rr1 ------------------------- ~ LOG OF BORING NO. 8-8 PLATE A.10 (!) z ii: 0 m u. 0 (!) 0 .., Project No. I Boring No. Project ENGIN EERJNG INC. -M-253 Sanitary Sewer Line 123-06-06 8-9 Fort Worth, Texas CMJ Location Water Observations See Plate A.1 Dry during drilling; dry at completion; dry at end of day Completion I Completion Depth 25.0' Date 10-16-07 Surface Elevation Type N/A B-47, w/ 6" CFA ii 0 ., D Q) D cu'. .c .0 i5. ~ en N a. E E o.!: 0 :§! ~u: u .9 CT >. "' Stratum Description • "U ;.~ 0 ~:~ Q) (/) (/) -... r:' Q) -Cl ';ft ~ LL Ql ~ o'*' ·u ~-c:' :i ~ Q) U) 0 "iii 0::: u: C 0 ::, C Cl~ C ~"U Cl -(I) ~~ ~~ :.:x -Q) 0 C. C (.) ;;:: C • :3 .~ u,- "' Q) -c ~ ui o E ::i w a _Q Q) Cl.? c-E £:§ '""U Oo C_o coo 0::: 0::: mo..1-0..U) ::J ::J 0::E ~(.) '.:) _J :l (.) 0.. I SANDY CLAY. light brown and brown. w/ gravel 4.5+ 6 >--and calcareous nodules. hard (fill) 4 .5+ 13 >- 4 .5+ 10 119 3440 >- ;,:~ SHAL Y CLAY, brown and reddish brown, wt 4.5+ >-'22 ironstone nodules, hard 4 .5+ 15 '-5 ~ >-- >-~ i0 4 .5+ >- ,, ~ >--4.5+ 65 25 40 17 >--1v >-- >-- >--f? >- @ -w/gray, 14' o 19' 4 .5+ 17 117 14900 ---1.:; ' >-- >-~ t~ -w/ shale seams, 17' to 20' ..... - ..... ~ 4 .5+ 16 122 23490 >--2v --SHALE, gray, moderately hard ..... --- --..... -,__ --..... -,__ ----..... ---100/3" -- >--25-~--------------------------'-· - LOG OF BORING NO. 8-9 PLATE A.11 (!) z ii: 0 "' lL 0 (!) 0 ..J Project No . I Boring No. Project M-253 Sanitary Sewer Line 123-06-06 8-10 Fort Worth, Texas Location Water Observations See Plate A.1 Dry during drilling; dry at completion Completion I Completion Depth 20.0' Date 11-21-07 Surface Elevation Type NIA ATV-34, w/ 6" CFA LL 0 II) Ql :5 .0 ci o.~ C. E E Q) >, a, Stratum Description . " Cl {/) {/) -<G ~ ~ Q) ~ 0 <llO:: . Cl :: C: u., (.) 0 .Q Q) Cl.l w Q'.'. Q'.'. al 0..1- CLAY/ SILTY CLAY, dark brown to brown, w/ 4.5+ ... -calcareous nodules, hard 4.5+ '---4 .5+ I--4.5+ ... - '-5--w/ ironstone nodules, 4' to 12' 4.5+ ... - --4 .5+ -- -- '-10-4.5+ L-- I--CLAY, brown, w/ ironstone nodules, very stiff to --hard -- -15-4.5+ --... - L-- I--4.0 ~20--------------------------- LOG OF BORING NO. B-10 CMJ ENGINEERING INC. - 0 0 c: LL N 0 ~ ~ii'. "0 . ~~ 0 Q) "iii O" ~ o'*-~ ~~ c:,::; IE~~ C: 0 t.l D!,2 g ci~ ·-en u -1n .s t;~ ;, X fJ) > "5~ fJ) Q) ~ u; u E:::, "' Q) o-E "'E ·-C: "'-a," Co C: .0 C: 0 O 0.. U) .:J~ a: :J ii:E 2(.) ::, _J ::><.>o.. 14 10 13 20 54 20 34 20 18 108 15690 18 64 20 44 18 21 108 5560 PLATE A.12 Proj ect No . I Bo ring No . P roject M-253 Sanitary Sewer Line ENGIN EERING INC - 123-06-06 B-11 Fort Worth, Texas C MJ Location W ater Observat ions See Plate A.1 Dry during drilling w/ B-47 to 30'; wet rotary drilling w/ CME-55 from 20' Completion to65' Depth 65.0' I Completion Date 10-16-07 u: 0 u, Cl) =· ..0 9 E E a. >, Cl) m 0 (/) (/) -------- -5--- t- t--I t-- e-10----- t-- t--M e-1!: tr: ..... -..... ----rr-- -20-~· --- ----~ -2G -- --3: I I ~ ----- - -3::; I L...L.. ---------..... -----..... --- l---40--- ,------,---- I--------~- ._4 5-.__ I---- I------------,---- f-50--- I----.... ------=-=---==-- _._55--- t--------..:-::::-------. t---- Cl z ii: 0 a, 1-60-------t---------------- l-65---- - Surface Elevation Type N/A B-47, w/ 6" CFA; CME-55 w/ HSA Stratum Description \ASPHALT, 2 inches thick J SANDY CLAY , light brown and reddish brown, w/ gravel, limestone fragments, and calcareous nodules, stiff to hard (fill) -w/ wood ch ips , 5' to 7' SANDY CLAY, light gray, w/ ironstone nodules and calcareous nodules , hard -w/ limestone seams, 1 O' to 11 ' LIMESTONE, tan, w / clay seams , hard SHALE, gray LIMESTONE , gray, very hard -w/ shale seams, 31 ' to 36' SHALE, gray, moderately hard to hard * Note -Drilling refusal at 30' with B-47. CME-55 with wet rotary method utilized to completion depth . -~------------------------ u. 0 (!) 0 LOG OF BO RIN G NO. 8-1 1 _, 0 0 ... c:ii N C: u: oE 0 ~ ~ii:'. -c O . Q) 0 CT" . -c ~~ 0 -a! .?:-Cl) -2:-;j C: U) (J) "cft. ~ i~. "cft. o'*-:5 C ~e~ 0 C: ·o 0~ -<Ii :!2..: ~~ ;. X -Cl) (.) 0 3: CU, ., > u,-o a.c :::,-U) Cl) ~ U) o E::, 0 ~-~ o-E ..!!! E ·-C: w .Q G) Cf.! m-u Oo C: ..0 C: O 0 ex: 0:: [I) D..1-a.. Cl) :::i::J a.. ::J 0::E :E (.) => ..J =>Oil. 4.5+ 4n ?<; 15 115 5410 "<:+ 12 "~ 1n 4.5+ 40 18 22 15 10011· 100/0.5" 100/0.5" 00/0 .25' 00/0.25 100/2.5" 100/2 .5" J 00/2.25 ' 100/2" 100/1 .5 " 100/1 .5" PLATE A.1 3 C~ ENGINEERING, INC. October 10, 2007 TranSystems Corporation 500 West 71n Street, Suite 1100 Fort Worth, Texas 76102 Attn : Mr. Kent A. Lunski, P.E. RE: REPORT 123-06-06 GEOTECHNICAL ENGINEERING SERVICES M-253 SANITARY SEWER LINE FORT WORTH, TEXAS Dear Mr. Lunski: INTRODUCTION 7636 Pebble Drive Fort Worth, Texas 76118 www.cmjengr.com CMJ Engineering, Inc. is pleased to present herein the results of the geotechnical engineering investigation for the referenced project. This study was performed in general accordance with our Proposal No. 06-1738 (Revision 3) dated February 14, 2007. The geotechnical services were authorized by Mr. Kent A. Lunski, P.E. The project, as currently planned, consists of an approximately 33,000-linear foot sanitary sewer line . The proposed line typically varies from 10 to 35 feet below existing grade with one area of the alignment up to 55 feet below existing grade. Three aerial crossings and two bore crossings are planned. At this time, geotechnical fieldwork is underway. One boring was drilled on September 21, 2007 at approximate Sta -73+ 75 for the coinciding .aerial crossing to the east. Plate A.1 depicts the sewer line alignment and location of the exploration boring. This letter contains geotechnical guidelines and recommendations specifically for the referenced aerial crossing foundation. The final geotechnical study for the entire project will be presented at a later date. SUBSURFACE CONDITIONS Subsurface materials at the project site were explored by one boring drilled to a depth of 35 feet on the western bank of th e proposed aeria l cross ing. The boring was drilled using truck mounted drill equipment at the approximate location shown on th e Plan of Boring , Plate A.1 . Phone (817) 284-9400 Fax (817) 589-9993 Metro (817) 589-9992 CMJ ENGINEERING, INC. TranSystems, Inc. CMJ Project 123--06-06 October 10, 2007 Page 2 of 10 The boring log is included on Plate A.4 and keys to classifications and symbols used on the logs are provided on Plates A.2 and A.3. Specific types and depths of subsurface strata encountered at the boring location are shown on the boring log in Appendix A The generalized subsurface stratigraphy encountered in the boring is discussed below . The predominant soils encountered consist of dark brown and brown clays of high plasticity. The clays contain ironstone nodules and are generally hard (soil basis) with pocket penetrometer values of over 4.5 tsf. Tested Liquid Limit (LL) values are 63 and 65 with Plasticity Indices (Pl) of 38 and 41 and classify as CH according to the uses. Gray limestone is then present in the boring at a depth of 27.5 feet below existing grade. The gray limestone is very hard to extremely hard (rock basis), with Texas Cone Penetrometer (THO) test values of O inches of penetration for 100 hammer blows. The borings were drilled using continuous flight augers to observe the potential for water seepage during the drilling process. Ground-water seepage was observed in the boring at a depth of 27 .5 feet during drilling. A water level of 16 feet was then observed at the completion of drilling operations. While it is not possible to accurately predict the magnitude of subsurface water fluctuation that might occur based upon these short-term observations, it should be recognized that ground-water conditions will vary with fluctuations in rainfall. S~epage levels near the observed levels should be anticipated throughout the year. Fluctuations of the ground-water level can occur due to seasonal variations in the amount of rainfall; site topography and runoff; hydraulic conductivity of soil strata; and other factors not evident at the time the borings were performed. The possibility of ground-water level fluctuation should be considered when developing the design and constriction plans for the project. The possibility exists that perched water may occur atop the limestone possibly with high hydrostatic head, particularly after periods of heavy or extended rainfall. FOUNDATIONS Straight-Shaft Design Parameters Auger excavated, cast-in-place reinforced concrete stra ight-shaft drilled piers will provide a suitable means of transmitting structural loads of the aerial crossing to the bearing material. CMJ ENGINEERING, INC. TranSysterns, Inc. CMJ Project 123-06-06 October 10, 2007 Page 3 of 10 Recommendations and parameters for the design of cast-in-place straight-shaft drilled piers are outlined below. Specific recommendations for the construction and installation of the straight- shaft drilled piers are included in the following section, and shall be followed during construction. Bearing Stratum Depth of Bearing Stratum: Required Penetration/Depth: Gray LIMESTONE Approximately 27 .5 feet below existing grades All piers should penetrate into the bearing stratum a minimum of 2 feet, or one pier diameter, whichever is greater. Deeper penetrations may be required to develop additional skin friction and/or uplift resistance. Allowable End Bearing Capacity: 40,000 psf Allowable Skin Friction: Applicable below a temporary casing and below a minimum penetration of 2 feet into gray limestone; 6,500 psf for compressive loads and 5,000 psf for tensile loads. The above values contain a safety factor of three (3). It should be anticipated that ground-water seepage will be encountered during installation of the straight shafts. Skin friction is applicable for that portion of the shaft embedded gray limestone below any temporary casing . Penetrations greater than the minimum penetration may be required to develop additional skin friction and/or uplift resistance. For lateral shaft resistance, an allowable passive resistance of 1,000 psf may be considered in the overlying clays. Lateral shaft resistance should not be considered within the upper 15 feet. In order to develop full load carrying capacity in skin friction, adjacent shafts should have a minimum center-to-center spacing of 3 times the diameter of the larger shaft. Closer spacing may require some reductions in skin friction and/or changes in installation sequences. Closely spaced shafts should be examined on a case-by-case basis. As a general guide, the design skin friction will vary linearly from the full value at a spacing of 3 diameters to 50 percent of the design value at 1 diameter. A minimum pier diameter of 24 inches is recommended. Settlements for properly installed and constructed straight shafts in gray limestone will be primarily elastic and are estimated to be one inch or less . CMJ ENGINEERING, INC. TranSystems, Inc. CMJ Project 123-06-06 October 10, 2007 Page 4 of 10 Soil Induced Uplift Loads The drilled shafts could experience tensile loads as a result of post construction heave in the site soils. The magnitude of these loads varies with the shaft diameter, soil parameters , and particularly the in-situ moisture levels at the time of construction . In order to aid in the structural design of the reinforcement, the reinforcement quantity should be adequate to resist tensile forces based on soil adhesion equal to 1,500 psf acting over the upper 10 feet of the pier shaft. This load must be resisted by the dead load on the shaft, continuous vertical reinforcing steel in the shaft, and a shaft adhesion developed within the bearing strata as previously discussed for straight shafts . DriUed Shaft Construction Considerations Drilled pier construction should be monitore~ by a representative of the geotechnical engineer to observe, among other things, the following items: • Identification of bearing material • Adequate penetration of the shaft excavation into the bearing layer • The base and sides of the shaft excavation are clean of loose cuttings • If seepage is encountered, whether it is of sufficient amount to require the use of temporary steel casing. If casing is needed it is important that the field representative observe that a high head of plastic concrete is maintained within the casing at all times during their extraction to prevent the inflow of water It should be anticipated that ground-water seepage will be encountered during installation of the straight shafts penetrating the gray limestone and that seepage rates and/or caving will be sufficient to require the use of temporary casing for installation of the straight shafts. The casing should be seated in the bearing stratum with all water and most loose material removed prior to beginning the design penetration. Care must then be taken that a sufficient head of plastic concrete is maintained within the casing during extraction. Precautions should be taken during the placement of reinforcing steel and concrete to prevent loose, excavated soil from falling into the excavation. Concrete should be placed as soon as practical after completion of the drilling , cleaning, and observation . Excavation for a drilled pier should be filled with concrete before the end of the workday , or sooner if required to prevent deterioration of the bearing material. Prolonged exposure or inundation of the bearing surface with water will result in changes in strength and compressibility characteristics _ If delays occur, CMf ENGINEERING, INC. TranSystems, Inc. CMJ Project 123-06-06 October 10, 2007 Page 5 of 10 the drilled pier excavation should be deepened as necessary and cleaned, in order to provide a fresh bearing surface. The concrete should have a slump of 6 inches plus or minus 1 inch. The concrete should be placed in a manner to prevent the concrete from striking the reinforcing cage or the sides of the excavation . Concrete should be tremied to the bottom of the excavation to control the maximum free fall of the plastic concrete to less than 1 O feet, or focused between the reinforcing cage to prevent concrete segeregation . In addition to the above guidelines, the specifications from the Association of Drilled Shaft Contractors Inc. "Standards and Specifications for the Foundation Drilling Industry" as Revised 1999 or other recognized specifications for proper installation of drilled shaft foundation systems should be followed. EARTHWORK Site Preparation . The subgrade should be firm and able to support the construction equipment without displacement. Soft or yielding subgrade should be corrected and made stable before construction proceeds . The subgrade should be proof rolled to detect soft spots, which if exist, should be excavated to provide a firm and otherwise suitable subgrade. Proof rolling should be performed using a heavy pneumatic tired roller, loaded dump truck, or similar piece of equipment. The proof rolling operations should be observed by the project geotechnical engineer or his/her representative . Placement and Compaction Fill material should be placed in loose lifts not exceed i ng 8 inches in uncompacted thickness. The uncompacted lift thickness should be reduced to 4 inches for structu re backfill zones requiring hand-operated power compactors or small self-propelled compactors. The fill material should be uniform with respect to material type and moisture content. Clods and chunks of material should be broken down and the fill material mixed by disking, blading , or plowing, as necessary, so that a material of uniform moisture and density is obtained for each lift. Water required for sprinkling to bring the fill material to the proper moisture content should be applied evenly through each layer. CMJ ENGINEERING, INC. TranSystems, Inc. CMJ Project 123-06-06 October 10, 2007 Page 6 of 10 The on-site soils are suitable for use in s ite grading. Imported fill material should be clean soil with a Liquid Limit less than 60 and no rock greater than 4 inches in maximum dimension . The fill materials should be free of vegetation and debris. The fill material should be compacted to a minimum of 95 percent of the maximum dry density determined by the Standard Proctor test, ASTM D 698 . In conjunction with the compacting operation, the fill material should be brought to the proper moisture content. The moisture content for general earth fill should range from 2 percentage points below optimum to 5 percentage points above optimum (-2 to +5). These ranges of moisture contents are given as maximum recommended ranges . For some soils and under some cond ftions, the contractor may have to maintain a more narrow range of moisture content (with in t he recommended range) in order to cons istently achieve the recommended density. Field density tests should be taken as each lift of fill material is placed . As a guide , one field density test per lift for each 5,000 square feet of compacted area is recommended . For small areas or crit ical areas the frequency of testing may need to be increased to one test per 2,500 square feet. A minimum of 2 tests per lift should be required . The earthwork operations should be observed and tested on a continuing basis by an experienced geotechnician working in conjunction with the project geotechnical engineer. Each lift should be compacted , tested , and approved before another lift is added . The purpose of the field density tests is to provide some indication that uniform and adequate compaction is being obtained. The actual quality of the fill, as compacted, should be the responsibility of the contractor and satisfactory results from the tests should not be cons idered as a guarantee of the quality of the contractor's filling operations. Trench Backfill Trench backfill fo r pipelines or ot her utilit ies shou ld be prope rly p laced and co mpa ct ed . Overly dense or dry backfill can swe ll and create a mound along t he complet ed trench li ne . Loose or wet backfill can settle an d fo rm a depress ion along the completed t rench li ne . Distress to overlying stru ctu res , pave m e nts, et c . is li ke ly if heaving or settl ement occu rs. On-site so il fi ll material is recommended for t rench backfi ll. Care · sho uld be t aken n ot t o use free draini ng g ran ula r material , to prevent the backfilled trench from becomi ng a trench dra in and piping surface or subsurface w ater b eneath structures , pipel in es , or pa v em e nts. If a hi gher cl ass beddin g mate ri al is required for the pipelines , a lean concret e bedding will limit water intru sion CMJ ENGINEERING, INC. TranSystems, Inc. CMJ Project 123-06-06 October 10, 2007 Page 7 of 10 into the trench and will not require compaction after placement. The soil backfill should be placed in approximately 4-to 6-inch loose lifts. The density and moisture content should be as recommended for fill in the previous section, Placement and Compaction, of this report . A minimum of one field density test should be taken per lift for each 150 linear feet of trench, with a minimum of 2 tests per lift. Excavation The side slopes of excavations through the overburden soils should be made in such a manner to provide for their stability during construction. Existing structures, pipelines or other facilities, which are constructed prior to or during the currently proposed construction and which require excavation, should be protected from loss of end bearing or lateral support. Temporary construction slopes and/or permanent embankment slopes should be protected from surface runoff water. Site grading should be designed to allow drainage at planned areas where erosion protection is provided, instead of allowing surface water to flow down unprotected slopes . Permanent slopes at the site should be as flat as practical to reduce creep and occurrence of shallow slides. The following slope angles are recommended as maximums. Height (ft.) Horizontal to Vertical 0-3 -1:1 3-6 2:1 6-9 3:1 >9 4:1 The above angles refer to the total height of a slope. Site improvement should be maintained away from the top of the slope to reduce the possibility of damage due to creep or shallow slides. Acceptance of Imported Fill Any soil imported from off-site sources should be tested for compliance with the recommendations for the particular application and approved by the project geotechnical CMJ ENGINEERING, INC. TranSystems, Inc. CMJ Project 123-06-06 October 10, 2007 Page 8 of 10 engineer prior to the materials being used. The owner should also require the contractor to obtain a written, notarized certification from the landowner of each proposed off-site soil borrow source stating that to the best of the landowner's knowledge and belief there has never been contamination of the borrow source site with hazardous or toxic materials. The certification should be furnished to the owner prior to proceeding to furnish soils to the site. Soil materials derived from the excavation of underground petroleum storage tanks should not be used as fill on this project. Soil Corrosion Potential Specific testing for soil corrosion potential was not included in the scope of this study. However, based upon past experience on other projects in the vicinity, the soils at this site may be corrosive. Standard construction practices for protecting metal pipe and similar facilities in contact with these soils should be used. Erosion and Sediment Control All disturbed areas should be protected from erosion and sedimentation during construction, and all permanent slopes and other areas subject to erosion or sedimentation should be provided with permanent erosion and sediment control facilities. All applicable ordinances and codes regarding erosion and sediment control should be followed. Utilities Care should be taken that utility cuts are not left open for extended periods, and that the cuts are properly backfilled. Backfilling should be accomplished with properly compacted on-site soils, rather than granular materials. Trench excavations should be sloped or braced in the interest of safety. Attention is drawn to OSHA Safety and Health Standards (29 CFR 1926/1910), Subpart P, regarding trench excavations greater than 5 feet in depth . REPORT CLOSURE The boring for this study were selected by TranSystems Corporation and staked by CMJ Engineering, Inc. using normal taping methods and topographic features. The actual borehole was placed as close as practical to t he staked location by CMJ Engineering, Inc. The locations and elevation of the boring shou ld be considered accurate on ly to the deg ree implied by the CMJ ENGINEERING, INC. TranSystems, Inc. CMJ Project 123-06-06 October 10, 2007 Page 9 of 10 methods used in their determination. The boring log shown in this letter contains information related to the types of soil encountered at specific locations and times and show lines delineating the interface between these materials. The log also contains our field representative's interpretation of conditions that are believed to exist in those depth intervals between the actual samples taken. Therefore, the boring log contains both factual and interpretive information. Laboratory soil classification tests were not performed on all soil samples collected from the boring. Visual-manual procedures were used to generally classify each stratum. Therefore, it should be understood that the classification data on the log of boring represents visual estimates of classifications for those portions of each stratum on which the full range of laboratory soil classification tests were not performed.· It is not implied that this log is representative of subsurface conditions at other locations and times . With regard to ground-water conditions, this report presents data on ground-water levels as they were observed during the course of the field work. In particular, water level readings have been made in the boring at the times and under conditions stated in the text of the report and on the boring log. It should be noted that fluctuations in the level of the ground-water table can occur with passage of time due to variations in rainfall, temperature and other factors . Also, this report does not include quantitative information on rates of flow of ground water into excavations, on pumping capacities necessary to dewater the excavations, or on methods of dewatering excavations. Unanticipated soil conditions at a construction site are commonly encountered and cannot be fully predicted by mere soil samples, test borings or test pits. Such unexpected conditions frequently require that additional expenditures be made by the owner to attain a properly designed and constructed project. Therefore, provision for some contingency fund is recommended to accommodate such potential extra cost. This report has been prepared for use in developing an overall design concept. Paragraphs, statements, test results , boring logs, diagrams, etc. should not be taken out of context, nor utilized without a knowledge and awareness of their intent within the overall concept of this report. The reproduction of this report , or any part thereof, supplied to persons other than the owner, should indicate that this study was made for design purposes only and that verification of the subsurface conditions for purposes of determining difficulty of excavation , trafficability, etc. are responsibilit ies of the contractor. This report has been prepared for the exclusive use of TranSystems Corporation for specific application to the design of this project. The only warranty made by us in connection with the services provided is that we have used that degree of care and skill ordinarily exercised under CMJ ENGINEERING, !NC. TranSystems, Inc. CMJ Project 123-06-06 October 10, 2007 Page 10 of 10 similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended. * * * * We appreciate the opportunity to perform these investigations regarding future construction of the M-253 Sanitary Sewer Line in Fort Worth, Texas. The following plates are attached and complete this report: Plate A.1 - Plate A.2 - Plate A.3 - Plate A.4 - Plan of Boring Unified Soil Classification System Key to Classification and Symbols Log of Boring Respectfully submitted, --~toFr}',, CMJ ENGINEERING,~ ~~l>;.•*•········~n\l ~ --:-·· ··-~-. f*.. "•*'' ,•l \*' ' ............................. ~ ~ { f JAMES P. SAPPINGTON, IV, . ~rir~ .""' ~,................... ·····.-··t 1 -0•. 97402 //jf" -----f o· ( ·~"" o" Jame P. Sappington, IV, P .E. t 1~•.J.CENS~?.~""'.:">o' Proje t Engineer \\f,s~oiJ°f..[E-";.--'-,:, Texas No. 97402 copies submitted: ,,,, ... - (2) Mr. Kent A. Lunski, P.E.; TranSystems Corporation (mail) (1) Mr. Kent A. Lunski, P.E.; TranSystems Corporation (email) ' ' -----' / [xisl. J6" $$ I'--,.---- ',,,, t o be abando n ed I '"--. f•;;'.:--,.---- ·1 -~.-----" Proposed 42" Proposea ", Sa nit ary Sewer \ Aerial Crass,ng \ • ',,, \ \ I ,.----.-,.---- -----76t0---------75:t;O -----j,_ _ 741; -8~ ------\ ----7Jloo --1-----ntoo -------lii oo ------------------------,--i----------- L[G[ND : ~ Bonng Location 1 I I I I I I I I I 1,,, I?! 1!! leo I' '"' IV> I I I I I I I j I I 0 JO Appr oximate Scale ~ N j 60 feet PLAN OF BORING M-253 SANITARY SEWER LINE FORT WORTH, TEXAS CM I E N GINEE RING, INC. CMJ PROJECT No . 123-0 6-06 Major Divis ions Grp. Sym. Typical Names C .Q Q) oro .ti (D ._ VJ N -Q) ·.;; rnCll> Well-graded gravels , gravel- GW sand mixtures, little or no fines Poorly graded gravels , gravel GP sand mixtures, little or no fines ~ '° .!!! ·5 II) u Q) C "§ 9' Q) [I! Q)aj~.!!1 > > Cll Ill '° 0 0 ~c - -~ e 8 vl------1--+-------------, 0 C) -0 ~ 5 GM Silty gravels, gravel-sand-silt :!l <= E mixtures ai ·;;; ..c:mui' C:~ 0 ,!: Z N Iii § 0 ..c: ..c: Z C.,... rn Laboratory Classification Criteria D60 (D )2 c. = -gre ater than 4: Cc= 30 betw ee n 1 and 3 D,0 0 10 x 0 60 Not meeti ng all gradation requ irements for GW Liquid and Plastic limits below "A" line or P .1. greater than 4 C Ill m =..c: o-1/l ._ m j 2 ~ l-----+-------------1 13 .91(/) .0 <= ~~-~g (llt----------- Liqu id and plastic limits plotting in hatched zone between 4 and 7 are borderline cases requiring use of dual symbols (I) u 0) (I) ._ C Ill £ e! ·o 6 Q)> a, O Cl ) J d ·(/)-N Ge ayey grave s, grave -san -~n cci e> a. clay mixtures ·cu z rn m u : :g ; 'c: : <b Liquid and Plastic limits above "A" line w it h P.I. greater than 7 $ rn~ E :5 ·m-;;; e>= ,~1---------'--------~ :o ' m ~ ·t:: .... Q) m ..... o m 0 E Q) £ ~ ~ £i Iii Ill a, SW Well-graded sands, gravelly _ ni E ~ J§ sands , little or no fines ~ !;; (./) rno L.c -~ Ille O>o g ,.,.Q) 1ii O l-----+-------------1~ g : co w a, Poorly graded sands ; m .::: : c 0 1l ~ c3 B SP gravelly sands, little or no u -; c a, ~ ~Cl) 2, ~(l) ~~ Oso (0 3,,)2 c.= -greater than 6 : Cc= ---between 1 and 3 O,o 0 10 X D50 Not meeting all grad ation requ irements for SW ..c: rn a, i;; fines rn .§ <i3 g:_ ...i S ~ ~ ·;;;1------1---t-------------,O o a. N C1-----------r-----------l J; rorog""" o mm 10..-~ en . ..... a> g' c c <i3 Liquid and Plastic limits ~ 0 :ft. "' c Silty sands, sand-silt g> "E ~ ~ c o !!::: c ~ 5 SM mixtures c B in -..... N below "A" line or p .I . less Liquid and plastic limits .S m m <= E a, ,_ := ~ ~ ..-than 4 I tt· b tw 4 d 7 ..c: ..c: £ m ui' ~ ~ g w o .8 p o mg e een an Ql > Q) ·;;; 0 0 N ci z C m £ ~ ._ ·a 2 rn m ~ ~ -~ .!!! .__ 9>-~ ~~ -m LL E 0 ~ m ..c: C m £ (I) 0 6 c ..... ·:: ~ ~ 1----+--------------, [ c .E ...1 ::'.?: 10 1------------1 are borderline cases £ (I)~~ Q)~: ~ o Cl d d 1 -~ s -o Liquid and Plastic limits requiring use of dual m ~ SC ayey san s, san -cay E -g ~ above "A" line with P . I . symbols en ~ mixtures a, m "' :'. a3 ~ gi greater than 7 0 I[) C rn m >, ..c: m ..... TI ~ u Q) C -ca .. ~ g~ u5 u ·s C- d 0 I[) C m ~£ ~ CD u <O u (I) C ·'-m O> (/]~ =:E Cf)= :Q :::, C- d ~ 0013 ML CL Inorganic silts and very fine sands, rock flour , silty or clayey fine sands. or clayey silts with slight plasticity Inorganic clays of low to medium plasticity , gravelly clays , sandy clays , silty clays, and lean clays OL Organic silts and organic silty clays of low plasticity MH CH OH Pt In organ ic silts , micaceous or diatomaceous fine sa ndy or silty soils , elast ic silts In o rgan ic clays of hi gh plastic ity, fat clays Orga nic clays of med ium to high plasticity, organ ic silts Peat and oth er highly org an ic soil s fl, / / !i .fll--.--+--------------+---+v---r----i CH / 401----1---1--1---1---1--1---1r+--+---+---I CL / / 1 .. y 7 "'"&.._"""""~~'n.C'~tts:~-.c"'C"!>'l ML a 1d OL 4 V 0 .___,___..,__..,_ _ __,_ __ _,__ _ __,_ __ ...,_ _ __,__ _ __._--J 0 10 20 30 40 50 60 70 80 90 100 liquid Limit Pla sticity Chart UNIFIED SOIL CLASS IF ICATION SYSTEM PLATE A .2 SOIL OR ROCK TYPES --=-GRAVEL LEAN CLAY SILTY HIGHLY PLASTIC CLAY LIMESTONE CONGLOMERATE Shelby Tube Auger Split Spoon TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No . 200 Sieve) Descriptive Item Penetrometer Reading, (tsf) s~ 00~1 .o Firm Stiff Very Stiff Hard 1.0 to 1 .5 1.5 to 3 .0 3 .0 to 4 .5 4.5+ Coarse Grained Soils (More than 50% Retained on No . 200 Sieve) Penetration Resistance Descriptive Item (blows/foot) Oto 4 4 to 10 10 to 30 30 to 50 Over 50 Soil Structure Very Loose Loose Medium Dense Dense Very Dense Relative Density Oto 20% 20 to 40% 40 to 70% 70 to 90% 90 to 100% Rock Core Contains appreciable deposits of calcium carbonate; generally nodular Having inclined planes of weakness that are slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks, sometimes filled with fine sand or silt Cone No Pen Recovery Calcareous Slickensided Laminated Fissured lnterbedded Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Soft Moderately Hard Hard Very Hard Can be rernolded in hand; corresponds in consistency up to very stiff in soils Can be scratched with fingernail Can be scratched easily with knife; cannot be scratched with fingernail Difficult to scratch with knife Cannot be scratched with knife Poorly Cemented or Friable Easil y crumbled Cemented Bound together by chemically precipitated material; Quartz, calcite, dolomite, s iderite , Degree of Weathering Unweathered Slightly Weathered Weathered Extremely Weathered and iron oxide are common cementing materials. and iron oxide are common cementing materials. Rock in its natural stat e before being exposed to atmospheric agents Noted predominantly by color change with no disintegrated zones Complete color change with zones of sl ightly decomposed rock Complete color change with consistency, texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATEA.3 I ,_ 0 C> i 0 -, Cl. C) l$ ~ C> z a: 0 m u. 0 C) g Project No. I Boring No . Project ENGINEERING INC -M-253 Sanitary Sewer Line 123-06-06 B-4 Fort Worth, Texas CMJ Location Water Observations See Plate A.1 Water at 27.5' during drilling; water at 16' at completion Completion I Completion Depth 35.0' Date 9-21-07 Surface Elevation Type NIA B-47, w/ 6" CFA u: 0 "' 0 Q) 0 C: ii'. £ .0 0. o.~ N E E 0 ~ ~ii: -0 .Q ci-a. >, "' Stratum Description • "O ~~ 0 ~~~ Cl) Cl) Cl) ii'. "' c Cl) -0 '$. ~ ~ o"#. ~c i::'::i u:: Q) U) 0 0~ . C: 0 'i3 Cl f2 g 0.-g -ai "Q ...: ~d .:; X -Cl) 0 0 3:: C: u., ~-~ u,-:::,·-tJ> ID -C: ~(/) o E:::, ll.J 0 g Cl>!/? CT E .!!! E ti! "O Oo C: .0 coo \ 0:: 0:: ID 0.. I-0.. Cl) .:J:_::j a.::::; 0::£ 20 :::,..J :::,o a. CLAY, dark brown, w/ ironstone nodules, hard 4 .5+ 21 I--4 5+ 20 ~ -4 5+ 17 I-- 4 .5+ 17 I-- 1--5-4 .5+ 65 24 41 18 I-- I--4 .5+ 23 103 13590 I---grades brown to dark brown at 8' c... - --10--4 .5+ 63 25 38 23 I-- I-- I-- C---4.5+ 25 97 5000 ,--15---- I-- I.e.. - I-- --20--4 .5+ 23 I-- I-- I-- I--4.5+ --25-23 I-- I-- I---LIMESTONE, gray, very hard to extremely hard - -.J..,-100/0" -3u I-- I-- I-- I- LL_ 100/0" 1--35--er ~------------------------ .. LOG OF BORING NO . 8-4 PLATE A.4 CMJ ENGINEERING, INC. February 9, 2009 TranSystems Corporation 500 West 7th Street, Suite 1100 Fort Worth, Texas 76102 Attn: Mr. Kent A. Lunski, P.E. Dear Mr. Lunski: RE: REPORT 123-08-11 GEOTECHNICAL ENGINEERING SERVICES M-253 SANITARY SEWER LINE ADDITIONAL BORING BORE CROSSING NEAR STA. 35+00 FORT WORTH, TEXAS INTRODUCTION 7636 Pebble Drive Fort Worth, Texas 76118 www.cmjengr.com CMJ Engineering, Inc. is pleased to present herein the results of the geotechnical engineering investigation for the referenced project. This study was performed in general accordance with our Proposal No . 08-2602 dated September 15, 2008. The geotechnical seNices were ·authorized on October 16, 2008 by Mr. Kent A Lunski, P.E. The project, as currently planned, consists of an approximately 33,000-linear foot sanitary sewer line. The proposed line typically varies from 10 to 35 feet below existing grade with one area of the alignment up to 55 feet below existing grade. CMJ Engineering performed ten borings along the proposed sewer alignment, with results presented in CMJ Report 123-06-06 dated December 14, 2007. Select boring locations were inaccessible at the time of the previous investigation. Two additional borings have been requested at locat ion s of the clients ' int erest along the proposed alignment. At the present time, only one of the two requested locations was accessible for drilling , near Sta. 35+00. Only this location is discussed herein. Plate A.1 depicts the sewe r line alignment and loca tion of the add itional exp lorati on boring , Boring 8-12. This letter contai ns geotechnical guid elines and recommendations specifically for the referenced boring location. The re maining requested additiona l boring and related test results will be presented at such t im e as drilling can be performed . Phone (817) 284-9400 Fax (817) 589-9993 Metro (817) 589-9992 CMJ ENGINEERING, INC. TranSystems , Inc. CMJ Project 123-08-11 February 9 , 2009 Page 2 of 5 SUBSURFACE CONDITIONS Subsurface materials at the project site were explored by one boring drilled to a depth of 65 feet. The boring was drilled using truck mounted drill equipment at the approximate location shown on the Plan of Boring, Plate A.1 . The boring log is included on Plate A.4 and keys to classifications and symbols used on the logs are provided on Plates A.2 and A.3. The surface elevation of the boring location was estimated from topograph ic information on a plan sheet entitled "Sanitary Sewer Replacement, M-253 -Part 1, Plan & Profile , F ro m St a. 28+96 .37 to Sta. 37+00" dated January 2007 provided by TranSystems , Inc. Specific types and depths of subsurface strata encountered at the boring location are shown on the boring log in Appendix A. The generalized subsurface stratigraphy encountered in the boring is discussed below. Near surface soils consist of various redd ish brown and brown clayey sands , sands , and cemented sands . These surficial sands are generally medium dense to very dense , with Standard Penetration (N) values of 24 to greater than 50 blows per foot of penetration . Light brown sandy shaly clays are present below a depth of 7 feet and contain abundant sand seams. These clays are hard (soil basis), with Standard Penetration (N) values ranging from 46 to 74. Gray shale with 2-to 3-inch thick limestone seams is then present in the boring at a depth of 23 .5 feet below existing grade. The gray limestone is moderately hard to hard (rock bas is) above 40 feet, with Texas Cone Penet rometer (THO) test values of 2 .75 to 4 .75 inches of penet ration for 100 hammer blows . Below 40 feet, t he gray sha le is considered hard to very hard , with corresponding THO test values of 1 to 2 inches. The borings were drilled u sing cont i n uous flight augers t o obse rv e the potential for water seepage during the dri lling process. Ground-water seepage was not observed in the boring and w as dry at t he completion of drilli ng ope rations. W hil e it is not p oss ibl e to accu ratel y predict t he m agn it ude of s u bsurface water fluct ua ti o n th at might occ ur based u po n th ese short-term observations, it s hou ld be recog n ized th at ground-water co nditi ons wi ll vary with fl uctua ti ons in ra in fa ll. Flu ctu ati o ns of th e gro und -w at er leve l can occur du e to s ea sonal vari ations in the amount of rainfall; s it e t opog rap hy a nd run off; hydraulic conductivity of soil strata; and other factors not CMJ ENGINEERING, INC. TranSystems, Inc. CMJ Project 123-08-11 February 9, 2009 Page 3 of 5 evident at the time the borings were performed. The possibility of ground-water level fluctuation should be considered when developing the design and constriction plans for the project. EARTHWORK Excavation The side slopes of excavations through the overburden soils should be made in such a manner to provide for their stability during construction. Existing structures, pipelines or other facilities, which are constructed prior to or during the currently proposed construction and which require excavation, should be protected from loss and end bearing or lateral support. Temporary construction slopes and/or permanent embankment slopes should be protected from surface runoff water. Site grading should be designed to allow drainage at planned areas where erosion protection is provided, instead of allowing surface water to flow down unprotected slopes . Trench safety recommendations are beyond the scope of this report. The contractor must comply with all applicable safety regulations concerning trench safety and excavations including, but not limited to, OSHA regulations. Selected sections of utility excavations may encounter ground water. In selected zones, the ground-water infiltration may be significant. The contractor must be prepared to eliminate excess water from the excavation trench, and special shoring/shielding may be required by OSHA guidelines to prevent undue caving of sidewalls into the excavation. In general, it is anticipated that the majority of seepage inflow into construction excavations can be handled with sump pits and pumps. Comments on Horizontal Bore Borings B-12 encountered predominately sandy and shaly clay soils to a depth of 23.5 feet. Below this depth, gray shale with limestone seams is present. Any tunnel bores extending into this shale strata will be encountering moderately hard to very hard and intact rock. Wherein the majority of the upper soils appear quite amenab le to tunnel boring activities, any sha le containing limeston e seams may require special tools to remove/excavate/drill through . CMJ ENGINEERING, INC. TranSystems, Inc. CMJ Project 123-08-11 February 9, 2009 Page 4 of5 REPORT CLOSURE The boring for this study were selected by TranSystems Corporation and staked by CMJ Engineering, Inc. using normal taping methods and topographic features . The actual borehole was placed as close as practical to the staked location by CMJ Engineering, Inc. The locations and elevation of the boring should be considered accurate only to the degree implied by the methods used in their determination. The boring log shown in this letter contains information related to the types of soil encountered at specific locations and times and show lines delineating the interface between these materials. The log also contains our field representative's interpretation of conditions that are believed to exist in those depth intervals between the actual samples taken. Therefore, the boring log contains both factual and interpretive information. Laboratory soil classification tests were not performed on all soil samples collected from the boring . Visual-manual procedures were used to generally classify each stratum. Therefore, it should be understood that the classification data on the log of boring represents visual estimates of classifications for those portions of each stratum on which the full range of laboratory soil classification tests were not performed. It is not implied that this log is representative of subsurface conditions at other locations and times. With regard to ground-water conditions, this report presents data on ground-water levels as they were observed during the course of the field work. In particular, water level readings have been made in the boring at the times and under conditions stated in the text of the report and on the boring log. It should be noted that fluctuations in the level of the ground-water table can occur with passage of time due to variations in rainfall, temperature and other factors . Also, this report does not include quantitative information on rates of flow of ground water into excavations, on pumping capacities necessary to dewater the excavations , or on methods of dewatering excavations. Unanticipated soil conditions at a construction site are commonly encountered and cannot be fully predicted by mere soil samples, test borings or test pits. Such unexpected conditions frequently require that additional expenditures be made by the owner to attain a properly designed and constructed project. Therefore, provision for some contingency fund is recommended to accommodate such potential extra cost. This report has been prepared for use in developing an overall design concept. Paragraphs , statements, test results , boring logs , diagrams, etc. should not be taken out of context , nor utilized without a knowledge and awareness of their intent w ith i n the overall concept of this report. The reproduction of this report, or any part thereof, supp lied to persons other than the owner, shou ld indicate t hat th is study was made fo r des ig n purp oses o nl y a nd th at ve ri ficat ion of CMJ ENGINEERING, INC TranSystems, Inc. CMJ Project 123-08-11 February 9 , 2009 Page 5 of 5 the subsurface conditions for purposes of determining difficulty of excavation, trafficability, etc. are responsibilities of the contractor. This report has been prepared for the exclusive use of TranSystems Corporation for specific application to the design of this project. The only warranty made by us in connection with the services provided is that we have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended. * * * * We appreciate the opportunity to perform these investigations regarding future construction of the M-253 Sanitary Sewer Line in Fort Worth , Texas. The following plates are attached and complete this report: Plate A.1 - Plate A.2 - Plate A.3 - Plate A.4 - Respectfully submitted, CMJ ENGINEERING, INC. Jame P . Sappington , IV, P.E. Proje t Engineer Texas No. 97402 Plan of Boring Unified Soil Classification System Key to Classification and Symbols Log of Boring _ ............ ,,, --~OFT.'', ..:-"' ~!-·······l-4'.Jf \ ,,.. (o..·· * •;lu' •• ,, . . ., '* .• .. * I , : ·• ' ,•: ~* ~ ........•.................... ,, I JA . SAPPINGTON, IV~ ••••••••••••••••••••••••••••• ii . . , ,.~.. 97402 .:t;, • 'O"• •• ~.,:' t,~{!.9f~~y;?.·(y.~ ,o". ,,,s,ONAL ~'5.:.--""' ,,, .......... -' copies submitted: (2) Mr. Kent A Lunski, P.E.; TranSystems Corporation (mail) (1) Mr. Kent A Lunski, P.E.; TranSystems Corporati on (email) r r r [ ~B-12 \ Proposed Reuse Waler by Others _,.,' .r-:=--=-~~---::-:_·_~---::"!.---=-·~--~ -~ ·-·-· ::.I::::. --~4.:2.2. .. -·-· _,_ -·-· --3~ . \ Pro posed 42 " Son;lory Sewer C ~ •••• -Jo+oo ·32+00 ··-··--·---~ 0 -·---L----···········--····-······-·········-·--··---······ · ·····E}···· //-,;s\;n'l..._SS]to be obondone -------------------------- ------------.. ~ --.A;,,,,-----~ Tree-L:.-~--------------------------------------------------------- f.~i~?,; --,,,.. ,,,.. ..,... .,... ,,.,. ,,.,,. Concrete Drive ___ .. / ,,,.. ~-.,,,..,.,. ..... ,.....,.,..,,,.. / / / / / / / / ,, ,, / .,. ,, / / / / / / / ,.,..,,....,,.,,.. "' -~ (j o; E (.1 C / -·-,,--·--· d of Waler ~0!!1.~i~~ . .: .S .9.!. -·-· -. -· -. -· -·- PLAN OF BORINGS M-253 SANITARY SEWER LINE ADDITIONAL BORING FORT WORTH, TEXAS -·-·----._ -·--·--·-·-·- 0 5 0 100 feet Approximate Scale CM JENGINEERING, INC. .CMJ PROJECT No. /23-08-11 CD N 'cii Q) > Q) ·oo 0 0 N 0 z C V) Cl! =.C 0 ..... V) a> ,::, CJ) Q) L.. C Cl! '§ ~ C>- Q) .!!! ~ ID ~ ca o E Q) £ -0 -cii .c C Cl! £ ~ 0 .s CD > Q) ·oo 0 0 N 0 z C C1l £ en .._ '5~ en ai ,::, E ~ en ·ro -~ C>m CD ·c: c$ u::: C1l E -0 -cii .c C Cl] £ Q ... 0 ~ Major Divisions Grp . Sym . Typical Names L.. Q) 0) ~ -~ C .Q a:, t3 ~~ ~ V) -Q) V) Q) > ,....__ (I) (I) Cl> ID C >~ Cl] 0 Ol C C ,_ Cl] 0 Q) Q) 0~ Well-graded gravels, gravel- GW sand mixtures, little or no fines Poorly graded gravels, gravel GP sand mixtures , little or no fines !I; m .!!J. 0 U) u Q) C "§ O> a3 ~ -~ > Cl] (l)l--------f---1-------------1 ~ 8 -st m ~ m 0 0 C) '+-0 Oz -cii fa .c .c C ..... Cl] £ Q) 0 5 WC -Q) ~ Q) c o GM Silty gravels, gravel-sand-silt N ~ ~ u'i mixtures ~ ·; .. ~ (I) Cl> ~ Q) :S: -C (.) ·;;; vi~~--~-------------iCl>o ID ·u O No > a, GC Clayey gravels, gravel-sand-·oo N ~ c.. C 0 0 o.. clay mixtures ·ro z ~ rn~ E£ L.. 0 ,_ ~ 00 ~~ cii ui Cl> SW Well-graded sands , gravelly w E E ~ ~ sands, little or no fines ~ en UJ CO O L.. C -~ VI C Cl 0 Laboratory Classification Criteria Dso (D,0)2 c.= -greater than 4: Cc= between 1 and 3 D 10 D10 x D60 0... (.) .!!].!---------------------~ (/) U) _g - - E s2~ Cf) U) V) Not meeting all gradation requirements for GW -c5 cii 0... C) ~ C) "1------------,----------~ ~~-~ rn C) .=: '-' : ~ !g L.. (I) Liquid and Plastic limits below "A" line or P.I. greater than 4 Q)I------------ Liquid and plastic limits plotting in hatched zone between 4 and 7 are borderline cases requiring use of dual symbols V) (1l (.) :~ : 'r:: : (J) Liquid and Plastic limits above "A" line with P.I. greater than 7 :~1------------'----------~ :a : en Dso (D30}2 Cu= --greater than 6: Cc= between 1 and 3 D10 D10 X D60 § <i> fa o --~-----------~ ~ _:j N a> w Poorly graded sands ; m .::: ..j c a-oB ,::,-cw ro vi ·-SP gravelly sands , little or no 5 cnm a, 0 µ ~ a> 2-"" - Not meeting all gradation requirements for SW vi a> ~ fines vi .§ a5 ~ ...; "c ~ ·001------1---1-------------iO o o.. N Ci-------------..-----------1 ca~v O cna> LO~~ rn ~ ~ ~ § Silty sands, sand-silt ~ f ~ ~ ~ Liquid and Plastic limits ~ c ~ ~ SM mixtures ~ ~ ~ ~ -; ~ below "A" line or P .I. less Liquid and plastic limits ~ ~ :S ro 'u, ~ [ g ~ 0 .B than 4 plotting between 4 and 7 fa ..... -~ ~ -~ >----+------------~ § -; -1 2 I[) 1------------are borderline cases ~ -g -~ -Cl d d 1 -~ .[ ~ Liquid and Plastic limits requiring use of dual 0 ro ~ SC ayey san s , san -cay E -g. ~ above "A" line with P.I. symbols = (/) o.. mixtures a, a, ui 6 o.. ai g-~ greater than 7 $ ooo ML CL Inorganic silts and very fine sands , rock flour, silty or clayey fine sands, or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays , silty clays, and lean clays V 5r1J1----+---+---1---+---1-----+----1-----+-~"-/-+----1 CH / OL Organic silts and organic silty 4~u.---+---+---+----,1----+----i---+->-'--/-+---i----1 clays of low plasticity x /v 1--------+---+-------------t f 0 l!) C Cl] V) ..c >, ..... ~ ai a ro ,::, Q) C ._ C1l CJ) en~ ~ E U) = ,::, ·s er d MH CH OH Pt Inorganic silts, micaceous or diatomaceous fine sandy or silty soils , elastic silts Inorg anic clays of high pl as ticity, fat clays Organic clays of medium to high plasticity, organic silts Peat and other highly organic soils .c:-301----1----1---t---1----+---:,l"---t---1---~-- ·u V ~ £ •' ·~ 20,1----1----+---t---t-/--,~-t----+--+---t----if-----l Cl OH ar d MH / 0 10 20 30 40 50 60 70 80 90 100 Liquid Limit Plasticity Chart UNIFIED SOIL CLASSIFIC ATION SYSTEM PLATE A .2 SOIL OR ROCK TYPES --=-GRAVEL LEAN CLAY • • •••SANDY • SILTY SHALE Shelby Tube Auger Split Spoon Rock Core TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No. 200 Sieve) Descriptive Item Soft Firm Stiff Very Stiff Hard Penetrometer Reading, (tsf) 0.0 to 1.0 1.0to1.5 1.5to3.0 3.0 to 4.5 4.5+ Coarse Grained Soils (More than 50% Retained on No. 200 Sieve) Penetration Resistance Descriptive Item Relative Density 0 to 20% (blows/foot) 0 to 4 4 to 10 10 to 30 30 to 50 Over 50 Soil Structure Very Loose Loose Medium Dense Dense Very Dense 20 to 40% 40 to 70% 70 to 90% 90 to 100% Contains appreciable deposits of calcium carbonate; generally nodular Having inclined planes of weakness that are slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks, sometimes filled with fine sand or silt Cone Pen No Recovery Calcareous Slickensided Laminated Fissured lnterbedded Composed of alternate layers of different soil types, usually in · approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Soft Moderately Hard Hard Very Hard Can be remolded in hand; corresponds in consistency up to very stiff in soils Can be scratched with fingernail Can be scratched easily with knife; cannot be scratched with fingernail Difficult to scratch with knife Cannot be scratched w ith knife Poorly Cemented or Friable Easily crumbled Cemented Bound together by chemically precipitated material; Quartz, calcite , dolomite, siderite, I Degree of Weathering Unweathered Slightly Weathered Weathered Extremely Weathered and iron oxide are common cementing materials. and iron oxide are common cementing materials. Rock in its natural state before being exposed to atmospheric agents Noted predominantly by color change with no disintegrated zones Complete color change with zones of slightly decomposed rock Complete color change with consistency, texture, and general appearance approaching so il KEY TO CLASSIFICATION AND SYMBOLS PLATE A.3 Cl z ii: 0 a, u. 0 C) 0 -' Project No. I Boring No . Project M-253 Sanitary Sewer -Additional Boring 123-08-11 8-12 Fort Worth, Texas Location Water Observations See Plate A.1 Dry during drilling; dry at completion Completion I Completion Depth 65.0' Date 1-13-09 Surface Elevation Type 518.0 CME-55, w/ 6" CFA ii 0 "' 0 Q) 0 .c .c a. o .~ N a. E E 0 a, >, "' Stratum Description .u z 0 U) U) -"' OJ~ ~ ?f?. LL a, "ii; fl'. u.: C 0 ·-ai 0 0 3:: C . U) > \ UJ a .!2 Q) ~ ~.!!! fl'. fl'. CD 0. I-a.. CJ) :·:::/:·:·· 517 .0 SAND, reddish brown - --7*·~ CLAYEY SAND, brown and reddish brown , medi um -.· .. / 515.0 dense ~ 24 ~-1 : -r-.. --SAND/ CEMENTED SAND , reddish brown, dense 50/4" -5-to very dense --511 .0 42 --~~ SANDY SHAL Y CLAY, light brown and g ray, w/ - -abundant sand seams, hard -1 .... W#~ 46 --· ----,_ -· ~ 74 >-15-~ ,_ ---,_ -,_ -X 48 -20-X ,_ - >----494.5 ,_ ---X SHALE, gray, w/ 2-t o 3-inch t hick limestone 50/4" >-25-.:::=--X seams, moderately h ard t o hard -------- f----=---f--== I 100/4.75' -30- f------ f------------ f----00/2.75' -35--- ----------------------100/2" -40--- -hard to very hard bel ow 40' --------------------=--=-= 00/1 .25' -45--- ---=-=-: -------------------100/1 .5" -50------------' -------------=-=: 00/1 .25' -55-------------------------------00/1.25' --I ~~ clV" ----. ----------------------4 53 .0_ 100/1" -65---------------------------- - LO G OF BO RIN G NO. 8-12 CMJ ENGJNEERJNG INC. - cu:'. ~ ~u:: u .2 er 0 ~~~ ?ft. (.)~ .?;-a,._: ~:j ·o ~c t;: Q) c/) .3 Q) 0!"2 C ~ "0 ]2 --~~ :;:: X U)-0 0. C ~--<I) Q) ·-C ::! (I) u E ~ CT E "'E mu oo C_c coo ::::i::::i C:::::::i -c 20 ::> _J ::> 0 0. a._ 8 8 6 17 15 13 9 11 14 14 PLATE A .4 Pavement Cores PERMITS CONTENT 1. FLOODPLAIN APPLICATION 2. USACE SECTION 404 3. TEXAS HISTORICAL PERMIT 4. ARCHELOGICAL SURVEY CONCLUSION APPLICATION FOR PLEASE TYPE FLOODPLAIN DEVELOPMENT PERMIT Date /-c)-c) J Permit No. F?-o 7-oo~ -pfJ Office Use Only ---='-....<..::'f--"''-L--.....,."'-'---'---.:::..,,.:....:::~_,_.!.......;1---------+---'-":..,......'--..L.L..""'-...L-!'-'-~~=-1 ~pproved D Approved Address of 000 OC-kMD + Location of Permit Area (Address or Legal Description) t;e.e_ °" HetG k e.xh~b+ ,f 'Prop:x:>Qc/ Nearest Stream WC2bt For\< rn-2S3 D Denied- Approved B · With Conditions* PURPOSE OF REQUEST: D Excavation D Filling D Paving D Dredging or Mining D Drilling Operations ~ility Construction D Building Permit D Grading D Other COMPLETE APPLICABLE QUESTIONS: 1. Total drainage area of watercourse ~ 3 50 5¢ YJ'h ~ 2. Regulatory flood elev. Lj 951. D Not available . 3 . Has site previously flooded? ri1'Yes D No 4. Is site subject to flooding? lM"Yes 5. Is safe access available during times of flood? D Yes ~ No D Unknown 6. Is the proposal within the designated floodway? D Yes ~o Dunknown 7 . Have all necessary prior approval permits been obtained from federal, state or local government,al a~encies? D None Required ./ / r.v' G:>mpk ·fr 0 ti r,_ J;. h V /i/on f1'J ,n j.,, D Yes LJ,1 No (If no, explain; if yes, provide copies of approval letters or permits.) ·-,.;; ci · ATTACH THE FOLLOWING IF APPLICABLE: 1. Two (2) sets scale drawings showing location, dimensions, elevations of existing and proposed topographic alterations, existing and proposed structures , location relative to floodplain area . 2 . Extent to which watercourse or natural drainage will be altered or relocated. 3. Supporting hydraulic calculations, reports, etc., used as a basis for proposed improvements . 4 . Lowest floor elevation (including basement) of all proposed structures. 5 . Elevation to which any non-residential structure shall be flood proofed . 6. Certification by registered professional engineer or architect that flood proofing criteria are met as set forth in Section 7-347 , Sub-Section b, Ordinance No. 11998. DURING THE OCCURRENCE OF A 100-YEAR FREQUENCY FLOOD WILL Ti-,E PROPOSAL: 2. Measurabl 3. Individually or combined with other existing or anticipated development expose adjacent ro erties to adverse flood effects? 4 . Increase velocities/volumes of flood waters sufficiently to create significant erosion of flood lain soils on sub·ect ro e or ad·acent ro e u stream/downstream? 5. Encroach on floodwa 6. ? Yes Info. Not Available .. ., -' ....J, J FLOODPLAIN DEVELOPMENT PERMIT he City of Fort Worth's Floodplain Permit Program is authorized by Section 7-318 of City Ordinance No. 11998, adopted June 13, 1995. This permit is required for all development taking place within the area of the 100-year floodplain (special flood hazard areas) '1S shown on the current Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, published by the Federal Emergency anagement Agency (FEMA}. These maps are available for public inspection in the Engineering Department, Municipal Building, 000 Throckmorton Street. =ailure to obtain a Floodplain Development Permit or violating other provisions of City Ordinance No. 11998 or the conditions escribed within the permit constitutes a misdemeanor and upon conviction, a person, firm , or corporation could be fined up to one thousand dollars ($1 ,000} a day for each day that the violation occurs. understand that the conditions which may be stated for permit approval or the provisions of City Ordinance No. 11998 may be uperseded by other provisions of City code or policies. further understand that this Floodplain Development Permit does not constitute final approval until all development requirements :)laced on the property have been met. These requirements include, but are not limited to, City construction plan approval, platting and community facilities agreements. This proposal shall be subject to any change in floodplain development policy at the actual time of development. pplication is hereby made for a permit to authorize the activities described herein. I hereby certify that I am familiar with the information contained on this application and to the best of my knowledge such information is true and accurate. I further certify that I possess the authority to undertake the proposed activity. I understand that if my application is denied, I have sixty (60) days from the date of such denial to appeal the adverse action to the City Plan Co mission. D OFFICE USE ONLY FLOODPLAIN AREA DEFINED BY : ci FEMA O COE O FLOOD STUDIES D HIGH WATER MARKS D OTHER FEMA INS. ZONE A-~ I FEMA MAP NO. 4~;/31UJ3/ tl~-r FLOOD ELEV. 4 t 5 --/ qS-GROUND ELEV. FLOOD PLAIN STUDY 3,c.:,s PLATE NO. FLOOD ELEV. ~.".1 ~ ~)3~ CONDITIONS FOR APPROVAL* OR REASONS FOR DENIAL** DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P .O . BOX I 7300 FORT WORTH, TEXAS 76 I 02-0 300 July 9, 2008 Planning, Environmental, and Regulatory Division Regulatory Branch SUBJECT: Project Number SWF-2006-00424, SANITARY SEWER MAIN 253 REPLACEMENT Mr. Kent Lunski, P .E. TranSystems 500 West Seventh Street, Suite 1100 Fort worth, Texas 76102 Dear Mr. Lunski: Thank you for your letter received June 24, 2008 concerning the replacement of the Fort Worth Sanitary Sewer Main 253 in Fort Worth, Tarrant County, Texas. This project has been assigned Project Number SWF-2006-00424. Please include this number in all future correspondence concerning this project. Failure to reference the project number may result in a delay. We have reviewed this project in accordance with Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. Under Section 404, the U.S. Army Corps of Engineers (USA CE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands. The USA CE responsibility under Section 10 is to regulate any work in, or affecting, navigable waters of the United States. Based on your description of the proposed work, other information available to us, and current regulations and policy, we have determined that this project will not involve any of the above activities . Therefore, it will not require Department of the Army authorization under the above laws. However, it is incumbent upon you to remain informed of any changes in USA CE Regulatory Program regulations and policy as they relate to your project. The USA CE based this decision on a non-approved jurisdictional determination (JD) that there are waters of the United States on the project site. This non-appro ved JD is valid for a period of no more than five years from the date of this letter unless new in fo rmation wa rrants revision of the delineation before the expiration date. It is incumbent upon the applicant to remain informed of changes in the Department of the Army regulations. -2- Thank you for your interest in our nation's water resources. If you have any questions concerning our regulatory program, please contact Mr. Wayne Lea at the address above or telephone (817) 886 -1732 and refer to your assigned project number. Sincerely, £-step en L Brooks Chief, Regulatory Branch . I TEXAS HISTORICAL COMMISSION ANTIQUITIES PERMIT APPLICATION FORM ARCHEOLOGY GENERAL INFORMATION i. PROPERTY TYPE AND LOCATION Project Name (and/or Site Trinomial) ---'F~o=rt~W"'-'--"-o"""'rth=-=S-"-ew'--'-e=r-=-M=· a=in=-=M=-~2~53~--------------- County (ies) _--=-T-=arr=an=t ______________________________ _ USGS Quadrangle Name and Number ___ _,H=u=r=st'-'Q"'-'u=a=d.....,(3=2=9_.._7-4-'-'-4=2),__ _____________ _ UTM Coordinates Zone E. ________ N ________ _ Location Fort Worth Federal Involvement !Kl Yes D No Name of Federal Agency __ -=E=P"-'A,__ ______________ .:...._ __________ _ Agency Representative ______________________________ _ II. OWNER (OR CONTROLLING AGENC_Y) Owner City of Fort Worth Representative Fernando Costa. Acting Assistant City Manager, City of Fort Worth Address 1000 Throckmorton Street City/State/Zip Fort Worth TX 76102-6311 Telephone (include area code) 817/392-61 11 Email Address Fernando.Costa@fortworthgov.org III. PROJECT SPONSOR (IF DIFFERENT FROM OWNER) Sponsor same as above Representative ________________________________ _ Address __________________________________ _ City/State/Zip. ________________________ _;__ ________ _ Telephone (include area code), _________ Email Address ___________ ·---- PROJECT INFORMATION I. PRINCIPAL INVESTIGATOR (ARCHEOLOGIST) Name Mason Miller Affiliation Hicks & Company Address 1504 West 5th Street City/State/Zip Austin. Tx. 78703 Telephone (include area code) 512-478-0858 Email Address __ _..,_,m=m=i=ll=er~@~h=ic=k,.,,_se=n"-'-v=.c=om,_,_,__ __ (OVER) ANTIQUITIES PERMIT APPLICATION FORM (CONTINUED) II. PRO JECT DESCRIPTION P roposed Starting Date of Fieldwork _...::.M=ar=c=h-=2'-'-4:..... -=2=0-=-0-'-7 ________________ _ R equested Permit D uration · 5 Years ______ Months ( l year minimum) Scope of Work (Pr ovided an Outline of Proposed Work) ___ -=In=t-e=n=si~v~e~S~u=rv~e"""'y~<~s=ee~a~tta=c=h=e-=d-=s=c=o.,_pe~o~f ~w-=o=rk=)'----- III. CURAT ION & REPORT Tempor ary Curatorial or Lab oratory Facility ____ -=Hi=-=·c=k=-s -=&:....-=C-=o=m=p°"a=n"'"y ________________ _ Permanent Curatorial Facility ____ T=A'-=RL~--------------------------- IV. LAND O WNER 'S CER TIFICATION I, Not Applicable , as legal representative of the Land Owner, --------------------' do certify that I have reviewed the plans and research design, and that no investigations will be preformed prior to the issuance of a permit by the Texas Historical Commission. Furthermore, I understand that the Owner, Sponsor, and Principal In v estigator are responsible for completing the terms of the permit. Signature Date ___________ _ V. SPONSOR'S CERTIFICATION I, Fernando Costa as legal representative of the Sponsor, The City of Fort Worth , do certify that I have review the plans and research design, and that no investigations will be performed prior to the issuance of a pem1 it by the Texas Historical Commission. Furthermore, I understand that the Sponsor, Owner, and Principal Investigator are responsible fo r ~:~~~~g ~~: PTC l Date~~=;· .,_/i~14_,__,_/_o~8 _____ _ VI. JNVESTIGA TOR'S CERTIFICATION I, Mason Miller as Principal Investigator employed, by Hicks & Company (Investigative Firm), do certify that I will execute this project accord ing to the submitted plans and research design, and will not conduct any work prior to the issuance of a pennit by the Texas Historical Commission. Furthermore, I understand that the Principal Investigator (and the Investigati ve Finn), ~ well as the O :,, and Spons · ponsible for completing the terms of this permit. 0 ! Signature · Date .::;J6/a<g P rincipal Investigator must attach a research design, a copy of the USGS quadrangle showing project boundaries, and an y additional pertinent information. Curriculum vita must be on fi le w ith the Div is io n o f Antiquities Protection. FOR OFFICIAL USE ONLY Rev iewer Date Permit Issues ---------------------------------- Pennit Number Pennit Expiration Date -------------- Type of Permit Date Received fo r Dat a Entry __________ _ Texas Historical Commission Archeology Division P.O: B ox 12 2 76 , Austin, TX 78711 -2276 Phone 5 12/463-6096 www .thc.state .tx.us TEXAS HISTORICAL COMMISSION The State A gene)' for Historic Preservation D ·(1):_}.-(~7 .::,'-{;· . .>- ., ·~;·.:-.. • . .,;ttI:~t\}:r:;{{i~,r:_:;\·•, -- .. ,... . . . ,,,,, . . t {L • < • 'FJ\:RRJ,\~:f' GOUf,f ITT • sA5 XAs ,,,. > "·'.>· :~---~:.?2t.. . ; ~- -----. '·~-· -.. '-,': ,_ -~~ ; ·/;· __ ;' ·-_:·,' ... ·.-__:f,j,~.~:}:y.-< \, __ . Texas Antiquitiesf Code P,er m it ~.859 :-'-.. '.-. :f;'··;~'i!ii~l !~i!i:o,{iii1ti~f I I I I I Conclusions and Recommendations CONCLUSIONS AND RECOMMENDATIONS On behalf of the City of Fort Worth, Hicks & Company archeologists have completed a linear, 100% pedestrian survey along approximately 32,000 feet (9. 7 km) of a proposed replacement M-253 sewer line in northeastern Fort Worth, Texas. The majority of the project corridor traverses the Trinity River's southern floodplain. With a 30-foot overall construction and maintenance easement width, archeologists investigated approximately 20.6 acres. A total of 32 shovel tests and 14 backhoe trenches were excavated in completion of the survey with nearly one-third of the sewer line easement visually inspected only due to extensive roadway and utility-related disturbance . None of the tests excavated contained archeological features, artifacts or other evidence of cultural resources, nor were any historic properties noted from ground surfaced inspection. Approximately 1,750 m (7.96 acres) of the proposed sewer main, on three properties, could not be surveyed due to a lack of right of entry. Approximately 400 meters of these areas is heavily disturbed fill with no potential for intact buried cultural deposits. The remaining 1,350 meters of non right of entry properties are relatively intact and there is a potential for archeological deposits to be present, however based on the overwhelmingly negative r e sults of survey of the entire project area, the close proximity of the existing M-253 line , the supposed fill that composes portions of this area as well as subsurface testing adjacent to these areas, that potential is low. While there is no subsurface inspection to confirm this, it is very likely that there are no cultural resources within areas that could not be surveyed directly, particularly within the project's depth of impact. At this time, the City of Fort Worth plans to leave the existing M-253 sewer line in place and fill its abandoned segments with cement through the existing manholes . If this method is employed, this will result in no (or very minimal) ground disturbance and potential impacts to subsurface deposits will likewise be minimal. Based on the results of extensive backhoe trenching, shovel testing, and surface inspection regulatory clearance for the project to proceed relative to the City of Fort Worth's responsibilities under Section 106 of the NHPA and the TAC is recommended with no historic properties affected. This recommendation includes both those portions of the survey corridor that were accessible and those for which right of entry was denied. In the unlikely event that cultural materials are found during construction, all work in the vicinity is recommended to cease until such time as the THC can be contacted and a professional archeologist can assess the finding and make recommendations for any future action that may be required. This report is offered in partial fulfillment of the requirement of TAC Permit 4859. Since no artifacts or sites were found during the course of survey, all project-related materials will be maintained at Hicks & Company's offices in Austin, Texas. Archeological Survey -Ft. Worth Sewer Main -May 2008 27 Texas Water Development Board SMWBE Guidance (SRF-052 v .5) Rev. 07/21/06 FOR THE UTILIZATION OF SMALL, MINORITY & WOMEN-OWNED BUSINESSES IN PROCUREMENT Texas Water Development Board SMWBE Guidance Document (SRF-052v .5) rev . 07/21/06 TABLE OF CONTENTS I I. GENERAL INFORMATION A. Background B. EPA Policy C. Applicability D. Guidance Document E. Benefits F. TWDB Role G. Flowchart of Procurement Process II. DEFINITIONS Ill. FAIR SHARE POLICY A. Fair Share Policy 8. Fair Share Goals IV. GOOD FAITH EFFORT A. General B. Six Affirmative Steps C. Professional Service/Other Contracts D. Contractor Selection E. Documentation Financial Application Phase Subsequent Phases SMWBE Forms Tips for Achieving a Good Faith Effort in Procurement V. AFFIRMATIVE STEPS OUTREACH PROGRAM A. 8 . C . D. E. F. VI. AUTHORITY Affirmative Step One : Affirmative Step Two : Affirmative Step Three: Affirmative Step Four: Affirmative Step Five : Affirmative Step Six: Compile Solicitation Lists Solicit Contractors Reduce Contract Size Establish Delivery Schedules Use Government Sources to Identify Monitor Prime Contractor 's GFE A. Federa l Laws , Executive Orde rs an d Federal Reg ulatio ns 8 . State Laws C. TWDB Rules Texas Water Development Board SMWBE Guidance Document (SRF-052v.5) rev. 07/21/06 I. GENERAL INFORMATION A. Background -The Texas Water Development Board (TWOS) receives grants from the Environmental Protection Agency (EPA) to provide low-interest loans to eligible political subdivisions. As a direct result of the United States Supreme Court's decision in Adarand Constructors, Inc. v. Pena 115 S. Ct. 2097 (1995), the EPA established new policies governing Small, Minority and Women-Owned Business Enterprises (SMWBE). These new policies are included in the Grants and Operating Agreements between the EPA and TWDB, and apply to all recipients of financial assistance. B. EPA Policy -EPA's policy (policy) requires recipients of its financial assistance to establish Fair Share Goals (goals) for awarding contracts and procuring goods and services from SMWBE's in the construction, supplies, equipment, and services procurement categories. The policy is meant to ensure that SMWBE's have the opportunity to participate in the procurement process, for all phases of the project. It is important to note that although the policy includes small (SBE) and rural area (SBRA) business enterprises, EPA is only statutorily required to collect data and enforce fair share goal objectives for Minority and Women-Owned business enterprises . TWDB will continue to collect information on SBE and SBRA participation, but those contract awards will not count towards the MBE and WBE goals. C. Applicability -EPA's policy applies to all procurements made after May 8, 1998, for the Texas Water Development Board (TWDB) Drinking Water State Revolving Fund program (DWSRF), Tier Ill Clean Water State Revolving Fund program (CWSRF) and Colonia Wastewater Treatment Assistance Program (CWT AP). TWDB programs not affected by this policy are: Water Quality Enhancement (WQE), Water Supply Account (WSA), State Participation, Agricultural Loans and Grants, Tier II Clean Water State Revolving Fund program (CWSRF) and Economically Distressed Areas Program (EDAP). D. Guidance Document -The intent of the SMWBE guidance document is to assist applicants and contractors comply with EPA's policy regarding SMWBE's. It is based, in part, on publications, training manuals and other guidance documents developed by EPA to implement their policies published in 40 CFR Parts 30, 31, and 35. The guide also ensures consistency with the Supreme Court's decision in Adarand Constructors, Inc. v. Pena 115 S . Ct. 2097 (1995). E. Benefits -The Affirmative Steps Outreach Program is designed to benefit both recipients of EPA funds and the business community. Applicants can receive lower interest rates on loans in comparison to those available on the open-market , as well as having access to a greater pool of potential contractors to bid on their projects. This increased com petition could have the af feet of lowering overall project costs . thus, lessening the repayment burden on the Applicant. F. TWDB Role -The TWDB strives to provide all the necessary technical assistance needed to both applicants and prim e contracto rs throughout all phases of the project. This can include reviewing draft newspaper advertisements , Request for Qualifications (RFQ), and Information for Bids (IF B) to ensure SMWBE components are included ; and scheduling pre-application, project management, pre-bid and pre-construction conferences upon request. I Texas Water Development Board G. Flowchart of SMWBE Document Review SMWBE Guidance Document (SRF-052v.5) rev . 07/21/06 (Note : CWTAP funding does not have IUP , but must comp ly wi th EPA's Fair Share Pol icy ) APPLICANT Schedules Pre-Application Meeting with TWDB Staff APPLICANT May Procure Financial Advisor, Bond Counsel, & Consultant Engineer in accordance with EPA's Good Faith Effort Policy (See TWDB Guidance SRF-052) SMWBE COORDINATOR 3. E-Mails Review Engineer Deficiencies Checklist & any Corrected Forms 4. Contacts Applicant (as necessary) SMWBE COORDINATOR 1. Reviews Corrected Forms & Other Documentation 2. Contacts Applicant With Any Final Deficiencies to Correct APPLICANT ~ Receives letter of Invitation to Submit ' loan Application _J .....__ ___ _ APPLICANT Decides to Continue with The Application Process APPLICANT Submits Financial Assistance Application to TWDB SMWBE COORDINATOR 1. Reviews WRD-215, and 216,217 ,218 ,SRF-373 <-·--·> 2. Enters Data into SMWBE Tracking System 3. Determines Acceptability No Deficiencies SMWBE COORDINATOR \S 1. E-Mails Review Engineer with final approval 2 . Forwards SMWBE Packet to Records Management Texas Water Development Board II. SMWBE Guidance Document (SRF-052v.5) rev. 07121/06 DEFINITIONS For the purpose of this guide, the following definitions shall apply: + Applicant -Eligible political subdivision or privately-owned water system applying for financial assistance from the TWDB. + Construction -Any contract or agreement to provide the building, erection, alteration, remodeling, improvement or extension of a TWDB-funded project. + Equipment -Tangible, nonexpendable personal property having a useful life of more than one year, and an acquisition cost of $5,000 or more per unit. + Grantee -Direct recipients of EPA funds through cooperative grant. + Minority Business Enterprise (MBE) -A business concern which, 1) is certified as socially and economically disadvantaged by the Small Business Administration (SBA), or; 2) is certified as a minority business enterprise by a State or Federal agency, or; 3) is independent and at least 51 percent-owned and controlled by minority group member(s), or; 4) is a Historically Black College or University (HBCU's). I (Minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members have been determined to be disadvantaged by the Small Business Act or by the Secretary of Commerce under Executive Order 11625, §5.) + Prime Contractors -A business concern that enters into written agreements directly with the Applicant for construction , supplies, equipment and services. + Recipients -Eligible political subdivisions or privately-owned water systems, who receive financial assistance from the TWDB, and/or prime contractors procured by political subdivisions or privately- owned water systems receiving financial assistance from the TWDB. + Services -A contractor's time and effort (incl. consultants), which do not involve the delivery of a specific end-item, other than documents (i.e. reports, design drawings, specifications, etc.). + Small Business Enterprise (SBE) -A small business concern, including any affiliate that is independently owned and operated, but not dominant in the field in which they operate . Must also be officially qualified as an SBE by the Small Business Administration (SBA), which uses a numerical definition called "Size Standard" that is almost always stated in either number of employees or average annual receipts. (See Table 1) + Small Business in a Rural Area (SBRA) -A small business concern that is located and conducts its principal operations in a rural area/non-metropolitan county (as defined by the SBA). + Subcontractors -A business concern that enters into written agreements directly with the Prime Contractor for construction, supplies, equipment and services . + Supplies -All tangible personal property other than equipment. + Women Business Enterprise (WBE) -A business concern which, 1) is certified as economically and socially disadvantaged by the SBA, and ; (2) (a) is at least 51 percent owned by one or more women , or in the case of a publicly-owned businesses, at least 51 percent of the stock is owned by one or more women , and ; (b) whose daily business operations are managed and directed by one or more of the women owners. Texas Wa ter Development Board SMWBE Guidance Document (SRF-052v .5) rev . 07/21/06 Ill. FAIR SHARE POLICY A. Fair Share Policy-It is EPA's policy that recipients of EPA financial assistance through grants, cooperative agreements and loans put forth a good faith effort to identify, solicit and if possible , award a fair share of contracts/procurements to small, minority and women-owned businesses. This policy applies to all contracts/procurements for construction , supplies , equipment and services. In accorda nee with these guidelines, the TWDB has established and presently administers the SMWBE program, to promote SMWBE participation for all applicable program projects . B. Fair Share Goals -The goals shown below were developed using data from the 1997 United States Economic Census, which determined the availability of small, minority and women- owned businesses throughout the State. The goals are applied to individual project contracts and procurements , which then determines the maximum potential procurement opportunities (in dollars) that are available to be awarded to M BE 's and WBE's in each of the applicable procurement categories . It is important to note that the goals are not achievement standards or quotas, nor is ach ieving the goa ls mandatory. However, applicants and prime contractors (including minority and women-owned businesses) are required to adequately demonstrate that a good faith effort was made to achieve the goals using EP A 's six affirmative steps. The fair share goals are negotiated by individual states, and are th en presented to EPA for approval. The current EPA-approved fair share goals for the State of Texas are as follows: I r -----. l 1 Procurement Category MBE Goal Percentage (%) . --·--·---------------------; ---·--·------------·-------------·-----. -· ; Construction i 34% WBEGoal Percentage (%) 8% ! 1 ' l ------·-------·-·----------------~ Supplies 18% 29% . -------------·--·----·--···-·-··-----.-----·-·------······ .. -·--·· .. -...... . ! • ' I I Equipment i 13% I ' : f r----- .. ___ l 13% : Services 22% 26% ----------------------~---------··--·-----·------------- Texas Water Development Board SMWBE Guidance Docu ment (SRF-052v.5) rev. 07/21/06 IV. GOOD FAITH EFFORT A General -To ensure compliance with the EPA's Good Faith Effort Policy and Affirmative Steps Outreach Program, the TWDB recommends that all applicants review their own procurement policies and procedures to see if/how SMWBE's are addressed. For applicants that may have outdated or unwritten procurement procedures, the six affirmative steps outlined below, provide an excellent starting point for updating and/or developing written procurement procedures to address SMWBE's. B. Six Affirmative Steps (1) Include qualified SMWBE's on solicitation lists; (2) Solicit potential SMWBE's, whenever they are potential sources; (3) Reduce contract size/quantities, when economically feasible, to permit maximum participation of SBE's SMWBE's; (4) Establish delivery schedules to encourage participation by SMWBE's; (5) Use the services and assistance of the SBA, the Minority Business Development Agency, the U.S. Department of Commerce, as appropriate; (6) Require Prime Contractor's to follow steps 1-5 when awarding subcontracts or sub-agreements. C. Professional Service/Other Contracts -As part of the application phase, applicants typically enter into prime contracts for professional services such as Financial Advisor, Bond Counsel, and Consultant Engineer. In addition to following the Six Affirmative Steps, the Applicant must also procure professional services in accordance with Title 10, Chapter 2254 of the Texas Government Code (Professional Services Procurement Act) and Title 40 Code of Federal Regulations, Parl 31 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments). D . Contractor Selection -Recipients are responsible for establishing their own criteria for awarding contracts and for reviewing RF Q's , IFB's , and other bid documents to determine their validity and acceptability. Although the TWDB does not oversee this aspect of the process, it does recommend that adequate documentation be maintained to show the openness of the selection process and the method used to select the proposal/bid to ensure compliance with EPA's policy . E. Documentation + Financial Application Phase -As part of th~ financial application package, applicants must submit documentation certifying an understanding of EPA's good faith effort policy, including the fair share goals and six affirmative steps. This information is documented on TWDB form WRD-215, APPLICANT AFFIRMATIVE STEPS CERTIFICATION and GOALS . Note : It is not uncommon for applicants to procure the services of Financial Advisor, Bond Counsel, and Consultant Engineer during the financial application phase. However, they must have been procured in accordance with EPA's good faith effort policy to be funded with federal loan proceeds. + Subsequent Project Phases -Once the TWDB approves the loan commitment, applicants may proceed with the planning, design , and construction phases of the project, as directed by the TWDB review/project engineer. For each new procurement or contract award, the applicant (in the procurements of prime contractors) and the prime contractors (in the procurement of subcontractors) must demonstrate their understanding and adherence to EPA's good faith effort policy for all project costs to be funded with federal loan proceeds . I Texas Water Deve lopment Board ll!i}Jtj;f.,t&B:~~;t" SMWBE Guidance Document (SRF-052v .5) rev . 07/21/06 To assist entities identify, include, and utilize qualified Small, Minority, and Women-Owned Business Enterprises (SMWBE), applicants and prime contractors are encouraged to refer to the following list of resources made available on a local, statewide, and national level. J«i$iu~jii(t&i1~~-·~t ··.-::;i mwifii~f<5':/?tc:i,,:,:v::,;0.tt,1Jz/E}?:i?V:X,:ifft{i't:.·;-;(/f:}:::;:.::···~:.t•'· ·~·;·-··· • Texas Building and Procurement Commission's (TBPC) Centralized Master Bidders List (CMBL) & Historically Underutilized Business (HUB) Search -The CMBL & HUB Search is a statewide database managed by the TBPC. This database contains contact information on all vendors registered to do business with the State, including TBPC-certified HUB vendors. The CMBL & HUB search is an online system available to the public free of cha rge . http://www .tbpe .state .tx.us/cmbl/cmblhub .html • Texas Department of Transportation -Disadvantaged Business Enterprise Directory http ://www.dot .state .tx .us/business/tucpinfo .htm + The City of Houston -M inority, Women-Owned, and Disadvantaged Business D irectory http ://houston .mwdbe .com/F ront EndNendorSearchPublic. asp ?TN=Houston Diversity + The City of Austin -Minority Vendor List http://www.ci.austin .tx .us/purchase/pu ve ndor intro .him + Small Bus iness Administration's-Dynamic Small Business Search -SBA-DSBA is an Int ernet-based system that allows applicants and pri me contractors to search for small, minority and women-owned businesses in their area . http ://dsbs.sba .gov/dsbs/dsp dsbs.cfm Website: www.aicct.com Contact: Diana Woodward Email: dwoodward@aicct.com Phone: 817-429-2323 Fax: 817-45 1-3575 Contact: Name: Jennifer Mort Email: j ennifer@sdtmbc .co m , eva@cstm bc.co m Phone: 210-525-7925 ,5 12-386-8766 Ema il: bu siness@dfwmbc.com Phone : 21 4-630-0747 Fax: 214-637-2241 Website: www.texashubs .org Contact: Roy Mata Email: rmata@tgsaustin .com , info@texashubs.org Phone: 512-220-4293 Fax: 512-288-9121 Em a il: j a rquieta@womencontracto rs .org Pho ne: 713-807-9977 Fax: 713-807-9917 Texas Water Development Board SMVVBE Guidance Document (SRF-052v .5) rev. 07/21/06 + Direct Communication • Contacting potential bidders by direct communication can include but are not limited to correspondence by letter, facsimile, telephone, or email. Applicants and prime contractors are required to provide copies of outreach letters, mailing lists, telephone , fax, and email tracking logs. + Small Business Administration's (SBA) Sub-Net -Sub-Net is an Internet-based system that allows applicants and prime contractors to post their procurement opportunities online. Access to the database is free to government agencies and contractors, and is an excellent resource for soliciting SMWBE's for your project. The Sub-Net database can be accessed at: http://web.sba.gov/subnet • Newspaper Advertisements -The posting of applicable project procurement opportunities should be done in accordance with the notice requirements of state law on competitive bidding, where applicable . There are specific laws governing each type of entity. For example, two important provisions of state law governing municipalities require: 1. The notice should be published once a week for two consecutive weeks in a newspaper published in the municipality. If no newspaper is published in the municipality, the notice must be posted at the city hall for 14 days before the date set to publicly open the bids and read them aloud ; 2 . The date of the first publication should be BEFORE the 14th day of the date set to publicly open the bids. *** Please consult your legal counsel for specific laws governing your entity.*** A . This contract is contingent upon release of funds from the Texas Water Development Board (TWDB). B . Any contract or contracts awarded under this Invitation for Bid (IFB) or Request for Qualifications (RFQ) are expected to be funded in part by a loan from the TWDB. 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. C. 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) & 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 SMWBE's. Although EPA's policy does not mandate that the fair share goals be achieved , it does require applicants and prime contractors to demonstrate us of the six affirmative steps. The current fa ir share goals for the State of Texas are as follows : CONSTRUCTION SUPPLIES EQUIPMENT SERVICES 34.0% 18.0% 13.0% 22.0% 8.0% 29.0% 13.0% 26.0o/o D. Equal Opportunity in Employment -All qualified Applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin . Bidders on this work will be required to comply with the President's Executive Order No. 11246, as amended by Executive Order 11375, and as supplemented in Department of labor regulations 41 CFR Part 60. Small, minority, and women-owned business enterprises are encouraged to respond. .· ~:.:~', . >~ ~ .. :.,~ -'/ • ...,. ·''! ·- A B . Texas Water Development Board SMWBE Guidance Document (SRF-052v.5) rev. 07/21/06 V. AFFIRMATIVE STEPS OUTREACH PROGRAM Affirmative Step One : Include qualified SMWBE's on solicitation lists See ''Tips for Achieving a Good Faith Effort in Procurement" on previous page . I Affirmative Step Two: Solicit potential SMWBE's, whenever they are potential sources + DIRECT COMMUNICATION -Use of direct communication as a means to solicit potential contractors can include contact by certified letter, facsimile, e-mail and by telephone. Direct communication implies that a contractor solicitation list has been established; this list must be provided as backup documentation to the WRD-216 form when submitted. + INDIRECT COMMUNICATION -Use of indirect communication as a means to solicit potential contractors can include advertising in one or more local, regional or statewide newspapers , trade association publications, minority media outlets , Internet or other website listings, and/or by notifying women and minority business organizations and chambers of commerce of these procurement opportunities. Newspaper advertisements must run in accordance with applicable purchasing guidelines and must include a statement encouraging the participation of minorities, women and small businesses submitting an RFQ and/or bid. C . Affirmative Step Three : Reduce contract size/quantities, when economically feasible , to D. permit maximum participation of SBE's SMWBE's Reducing contract size increases the opportunity for SMWBE participation by dividing the work into smaller increments that may be more favorable to smaller businesses. An optimum time to consider reducing contract size is during the project design phase . Methods for reduc ing contract size could include, but are not limited to : review ing the project for opportunities to stage work ; dividing multiple-site work ; dividing work by task ; limiting "brand name requ irements"; and soliciting multiple bid items. Affirmative Step Four: Establish Delivery Schedules to Encourage Participation Delivery schedules can sometimes determine whether a firm will be able to participate in the procurement process. Short delivery schedules often favor larger firms that have more staff and more available resources to complete big projects in a short period of time. Advanced planning and adequate project management can allow for reasonable delivery schedules, lengthening response time to receive bids and/or proposals , and can even increase competition, which can lead to reduced cost to the applicant. E. Affirmative Step Five : Use the services and assistance of the SBA, the Minority Business Developm ent Agency , and the U .S. Department of Commerce, as appropr iate The SBA and the Department of Commerce (DOC) Minority Business Development Agency (MBDA) both manage outreach programs to assist SMWBE's business increase the ir procu rement opportunities. The SBA assist s small businesses in the development of bus in ess plans , financing , and educatio n; applicants are encouraged to educate contractors on the services available to t hem through these govern ment orga ni zations. See Affirmative Step One for web links to those agencies . F. Affirmati ve Step Six : Require all Prime contractors to follow steps 1-5 when awarding subcontracts/ s ub-agreements Prim e Contractors are requ ired to follow steps 1-5 when awarding subcontracts/sub- agreements. Th ey a re a lso requ ired t o in c lude th e ap plicable "fa ir share objecti ves" in all project bid documents whe n soli citing fo r subcontract ing oppor tu nities . Includin g th is inform ation in the bid docum ent/RFP e ns ures the pote ntia l bidd e r's awareness of th e req uire m en t and notification to com ply. A ny contract o r subco nt ract awarded w ithou t regard to th e "fa ir share objectives " can be con sid ered in e ligible for loan fundin g by the TWDB. Texas Water Development Board SMWBE Guidance Document (SRF-052v.5) rev . 07/21/06 VI. Authority A. Federal Laws, Executive Orders and Federal Regulations 1. Public Law 95-507 -The Amendments to the Small Business Act. a.) Establishes the Office of Small and Disadvantaged Business Utilization in every Agency having procurement powers . b.) Establishes the 8(a) program . c.) Establishes Preferential Procurement Goals for participation by small businesses, small disadvantaged firms, 8(a) and small women-owned concerns in Federal contracting programs. The goals are forwarded to the Small Business Administration on an annual fiscal year basis for approval or negotiation. 2. Public Law 100-533 -Women's Business Ownership Act of 1988. Increases the advocacy Role of Federal Agencies to further promote and advance WBE utilization in Federal contracting and subcontracting activities. I 3. Public Law 100-590 -Small Business Administration Reauthorization and Amendment Act of 1988. Enacted on November 3, 1988. It requires Federal agencies with substantial procurement or grant-making authority to establish rural area business enterprise development plans. The Administrator of the Small Business Administration has identified EPA as a Federal agency having substantial procurement and grant-making authority. EPA has established a Rural Area Business Enterprise Development (RABED) Plan covering both financial assistance and direct procurement. 4. Public Law 101-507 -EPA Appropriation of Act of 1991. The 1991 Appropriations Act signed into law on November 5, 1990 . "The Administrator of the Environmental Protection Agency shall, to the fullest extent possible, ensure that at least 8 per centum of Federal funding for prime and subcontracts awarded in support of authorized programs, including grants , loans and contracts for wastewater treatment and leaking underground storage tanks grants, be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of Section 8(a)(5) and (6) of the Small Business Act (15 U.S.C . 637(a)(5) and (6)), including historically black colleges and universities . For purpose of this section, economically and socially disadvantaged individuals shall be deemed to include women ... " 5. Public Law 102-389 -The 1993 Appropriations Act. Enacted on October 6, 1992 changes the language in the Administrative Provisions of PL. 101-507 by adding the word 'hereafter' to the first sentence of the provision which states , "The Administrator of the Environmental Protection Agency shall, hereafter ... " The addition of the word "hereafter" makes the language perm anent. 6. 0MB Circular A-102. Standards to be used by Federal agencies in establishing procedures for the procurement of supplies , services and construction with Federal assistance funds . 7. Executive Order 11625. Issued on October 13, 1971. The Order clarified the authority of the Secretary of Commerce to implement policy and to assist minority business enterprises. One of the factors was, " ... to coordinate the participation of Federal departments and agencies in an increased minority enterprise effort." As a result of this , the Order required the Secretary of Commerc e to , " ... Promote the mobilization of activities and resources of State and local governments , businesses and trade associations, universities , foundations , professional organizations and volunteer groups toward the growth of minority business enterprises, and facilitate the coordination efforts of these groups with those of Federal departments and agencies." The Order further requires that Texas Water Development Board SMWBE Guidance Document (SRF-052v .5) rev . 07/21/06 the Secretary, with the participation of other Federal departments and agencies, as appropriate, to develop comprehensive plans and specific program goals; establish regular program monitoring and reporting systems; and evaluate the impact of Federal support in achieving the objectives established by this Order. The Order requires the head of each Federal department or agency to furnish information and reports in a manner prescribed by the Secretary of Commerce. It further stipulates that within the constraints of law and appropriations, Federal d apartments and agencies shall foster and promote minority business enterprise. 8 . Executive Order 12138. Issued on May 18, 1979. The Order directed all Federal agencies to: (1) facilitate, preserve and strengthen women's business enterprise and to ensure full participation by women in the free enterprise system; (2) take affirmative action in support of women's business enterprises; and (3) extend Federal financial assistance to any program or activity ... each department or agency empowered to, shall issue regulations requiring the recipient of such assistance to take appropriate affirmative action in support of women's business enterprise and to prohibit actions or policies which discriminate against women's business enterprise. Pursuant to Executive Order 12138, the regulation implemented by the agencies shall prescribe sanctions for noncompliance. Sanctions by EPA were set forth in 40 CFR Part 30, Subpart I. In the case of assistance awards to recipients other than State and local governments they are still set forth there. In the case of assistance awards to State and local governments they are set forth in 40 CFR Part 31.43. 9. Executive Order 12432 -Minority Business Development. Issued July 14, 1983. The Order directed all Federal agencies to: (1) develop an M BE plan on an annual basis; (2) establish MBE objectives; (3) identify methods for encouraging prime contractors and grantees to utilize MBEs; (4) build upon programs administered by the Small Business Administration and Minority Business Development Agency; (5) furnish an annual report regarding the accomplishments of their MBE programs; and (6) establish programs to deliver management and technical assistance to MBEs . 10. 40 CFR Part 30. EPA implements its small business, minority business and women- owned business programs for institutions of higher education, hospitals, and other non- profit organizations in 40 CFR Part 30.44(b). 11. 40 CFR Part 31.EPA implements its small business , minority business and women-owned business programs for States, local governments and Indian Tribes through its "Unit orm Administrative Requirements for Grants and Cooperative Agreements to State and local Governments", 40 CFR Part 31 , in 40 CFR 31.36(b) Procurement standards and Sec. 31.36 (e) Contracting with small and minority firms, women's business enterprise and labor surplus area firms ensuring use of six affirmative steps . 12. 40 CFR Part 35, Subpart K. Under the State Revolving Fund Program requirements for the participation of minority and women-owned businesses apply to ass istance in an amount equaling the grant. To attain compliance with MBE/WBE requirements , the Regional Administrator or designee will negotiate an annual "fair share" objective with the State for MBE/WBE participation on these SR F-funded activities . A fair share objective should be based on the amount of the capitalization grant award or other State established goa ls. See 40 CFR 35.3145( d). Ref: www.epa.gov/authority .htm Texas Water Development Board B. State Laws SMWBE Guidance Document (SRF-052v.5) rev. 07/21/06 1. Texas Water Code -Chapter 15, Subchapter J . SUBCHAPTER J. FINANCIAL ASSISTANCE FOR WATER POLLUTION CONTROL establishes the state water pollution control revolving fund to be administered by the board under this subchapter and rules adopted by the board 2 . PROFESSIONAL SERVICES PROCUREMENT ACT (CHAPTER 2254. SUBCHAPTER A.) Added by Acts 1993, 73rd Leg ., Chi. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2254.002. Definitions. In this subchapter: (1) "Governmental entity" means: (A) a state agency or department; (B) a district, authority, county, municipality, or other political subdivision of the state; or (C) a publicly owned utility . (2) "Professional services" means services: (A) within the scope of the practice, as defined by state law, of: (i) accounting; (ii) architecture; (iii) land surveying; (iv) medicine; (v) optometry; (vi) professional engineering; or (vii) real estate appraising; or (B) provided in connection with the professional employment or practice of a person who is licensed as: (i) a certified public accountant; (ii) an architect; (iii) a land surveyor; (iv) a physician, including a surgeon; (v) an optometrist; (vi) a professional engineer ; or (vii) a state certified or state licensed real estate appraiser. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch . 244, Sec. 1, eff. Sept. 1, 1997. Sec. 2254.003. Selection of Provider; Fees. (a) A governmental entity may not select a provider of professional services or a group or association of providers or award a contract for the services on the basis of competitive bids submitted for the contract or for the services, but shall make the selection and award: (1) on the basis of demonstrated competence and qualifications to perform the services; and (2) for a fair and reasonable price. (b) The professional fees under the contract: (1) must be consistent with and not higher than the recommended practices and fees published by the applicable professional associations; and (2) may not exceed any maximum provided by law. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,1993. Sec. 2254 .004. Contract for Professional Services of Architect, Engineer, or S urveyor. (a) In procuring architectural , engineering, or land surveying services , a governmental entity shall: (1) first select the most highly qualified provider of those services on the basis of demonstrated competence and qualifications; and (2) then attempt to negotiate with that provider a contract at a fair & Texas Water Development Board reasonable price. SMWBE Guidance Document (SRF-052v.5) rev. 07/21/06 (b) If a satisfactory contract cannot be negotiated with the most highly qualified provider of architectural, engineering, or land surveying services , the entity shall: (1) formally end negotiations with that provider; (2) select the next most highly qualified provider; and (3) attempt to negotiate a contra ct with that provider at a fair & reasonable price. (c) The entity shall continue the process described in Subsection (b) to select and negotiate with providers until a contract is entered into . Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch . 119, Sec . 1, eff. Sept. 1, 1997. Sec. 2254.005 . Void Contract. A contract entered into or an arrangement made in violation of this subchapter is void as against public policy. Added by Acts 1993, 73rd Leg ., ch. 268 , Sec. 1, eff. Sept. 1, 1993. 3. Local Government Code A. CHAPTER 252. PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES B. CHAPTER 2051. GOVERNMENT DOCUMENTS , PUBLICATIONS, AND NOTICES C. CHAPTER 2251. PAYMENT FOR GOODS AND SERVICES D. CHAPTER 262. PURCHASING AND CONTRACTING AUTHORITY OF COUNTIES C. TWDB Rules 1. Chapter 363 , Financial Assistance Programs 2. Chapter 371, Drinking Water State Revolving Fund 3. Chapter 375, State Water Pollution Control Fund 1. Chapter 363, Financial Assistance Programs 2. Chapter 371, Drinking Water State Revolving Fund 3. Chapter 375, State Water Pollution Control Fund TEXAS WATER DEVELOPMENT BOARD SMALL, MINORITY, and WOMEN-OWNED BUSINESSES REPORTING FORMS - SEE TWDB FORMS APPENDIX F 1. WRD-215 APPLICANT AFFIRMATIVE STEPS CERTIFICATION and GOALS 2. WRD-216 AFFIRMATIVE STEPS SOLICITATION REPORT 3. WRD-217 PRIME CONTRACTOR AFFIRMATIVE STEPS CERTIFICATION and GOALS 4. WRD-218 SMWBE SELF-CERTIFICATION 5. SRF-373 LOAN/GRANT PARTICIPATION SUMMARY NOTE: Applicant/Entity may either complete these forms or submit information in a self- designed manner as long as the information requested on the form is submitted and all documents are signed by the Applicant/Entity's Authorized Representative. Contact SMWBE Coordinator for additional information WRD-7088 Revised 8/31/2005 73 WRD-215 Revised 07/21/06 TEXAS WATER DEVELOPMENT BOARD APPLICANTIENTITY AFFIRMATIVE STEPS CERTIFICATION and GOALS I. PROJECT INFORMATION A,--TWDB 8 .-Appl~rit]Entlty c; 1c~M3~m o. 1¥o9,~!;il })'~ . Proj~NQ, N~me ~\.Int _ (lnsert "J(" for ... ~ D Drinking Water SRF (DWSRF) D Clean Water SRF (CWSRF) D Colonia Wastewater (CWT AP) D Other II , GOOD FAITH EFFORT (Applicable to all PRIME Contracts Awarded by the Applicant/Entity) I untfmtana tMl it is my -ruponsi6ility to an,,pfy wit& alI state and' falera( ~ and' guiaance in tie utilu:ation ef SIii/i( 9,linbrity, 'Woaen-Ownd and' smau <1Jusinesses in IJblnzf ~-. in prt,cumtlefft. I umJy t&at I will~ a "go<Hf fait& ejfon • to affora oppommitiu for S(M., 9,lQJ<E, 'U'M: and'~~ 6y: 1. Including qualified SBE, MBE, WBE and SBRA's on p rocurement solic itation lists; 2. Soliciting potential SBE, MBE, WBE and SBRA's; 3. Reducing contract size/quantities, when economically feasi ble, to permit maximum partic ipation by SBE, MBE, WBE and SBRA's; 4. Establishing delivery schedules to encourage participation by SBE, MBE. VVBE and SBRA's ; 5. Using the services and assistance of the Small Business Administration, Minority Business Development Agency, U.S . Department of Commerce, Texas Marketplace; 6. Requiring all PRIME contractors to follow steps 1-5 of the "good faith effort" in employing SBE, MBE, WBE and SBRA Subcontractors ; - Slgrta~ • ~PP.'1~~1/Ef'!tlfy_ R!p~ntatlve Ttti_, C.~tation Date - Ill. PROJECT PARTICIPATION ESTIMATES (Demonstrates rnaximum potential for MBE/WBE participallon, based on total loan/gran1 amount) --r~~ul'@fflent ,eo.u:ablgory r~· Construction $ -34.0% $ s.o•..<. $ ··--·-· -~---------- Supplies $ Equipment $ Services $ *other Issuance Costs $ -18.0% $ -13.0% $ -22.0% $ IV. TWOB APPROVAL SIGNATU R ES OPFCAE11glnee r Approval Pate -29.00.4 $ • 13.0% $ -26.0% $ --fl--~------------·--· ... NIA NIA sWMBE Coord i~tor Approval D~te *Other ISSUA NCE costs can include: origination fees; bond insurance; land/easement/right-of-way; attorney general fee · paving agent fee or othe r non-bid project costs. TEXAS WATER DEVELOPMENT BOARD AFFIRMATIVE STEPS SOLICITATION REPORT WRD-216 Revised 07/21/06 WR0.;.216 .I I. PROJECT INFORMATION A. TWOS ----· B.. Appl~t/Entity Proiec;:t No:. N~me i . ·c ;,·~· Amount D. Program Type· (~rf'i{-f!:w•ll ~tl!P.i>Jv) P(OJQQfQe~_tiO_:_rt_· ~----------------i, D Drinking Water SRF (DWSRF) C]c1ean Water SRF (CWSRF) C]colonia Wastewater (CWTAP) C]other II. SOLICITATION LIST . ·- J : Column 1 List on this form , or provide a separate list of each business entity solicited for procurement: Full name , street address, city/state/zip , for each Small, Minority, Woman, Rural Area or Other N'' Co lum n 2 Enter one of the following procurement or contract categories : S J CONSTRUCTION, SUPPLIES; EQUIPMENT; SERVICES T ... ···········--···· ............. ··-······-···-· ..... ····· ........ _, .. ... -···--·· ff , Column 3 SBE, MBE, WBE, SRBA, or OTHER (NOTE! "OTHER" = Company or firm is Non-SBE, MBE, WBE or u SBRA) C . Column4 Evidence of Good Faith Effort solicitations will include a combination of the following outreach T methods. Adequate backup documentation must be attached to this form for each method used . i 1. Newspaper Advertisements s. Internet & Web Postings (> 2. Direct Conta ct by Phone , Fax, Mailouts 6. Trade Association Publications N 3. s Meetings or Conferences 7. Other Government Publicati ons 4. M inority Media Cotumri 1 Colu.rrm 2 cohimn -3 Column4 . N~l~·of Pro¢ll~i11Qr T~of ~iclfa.tj<>n ·l:l!JSin~ ~nti~~s S(.il(~.for'Pl'!),Cl;l~~nt Coo!taet C~ory .a~~~-. Method~ ....... _ --- -·----~----.. -~ ---- ··---·· --·-····----·-· -· Signature • AutttorlDd Representative Tia. Date Ill. TWDB APPROVAL SIGNATURES OPFCA Engineer Approval Date SWMBE Coordinator Approval Date TEXAS WATER DEVELOPMENT BOARD WRD-217 Revised 07/21/06 PRIME CONTRACTORAFFIRMA TIVE STEPS CERTIFICATION and GOALS WRD-21J J I. PROJECT INFORMATION A, TWDB a. P,:oJec:l *·· D. ~N~ E. F. II. GOOD FAITH EFFORT (Appl icable to all Sub-Agreements Awarded by the Prime Contractor) D D D D Drinking Water SRF (DWSRF) Clean Water SRF (CWSRF) Colonia Wastewater (CWT AP) Other ···"· I uruferstaruf tliat it is my ruponsi6ifity to romplj witft all stau a,u{ feaera( regu(atums ana guufana in tfte uti/u;ation of .sman; EXCEfTt9~-9'/inority, 'f.'.!nr.en-Oumd antf Sma/[ ([Jusintsses ill 'P.Jlral,f reas, in procurement. I certify tfiat I will mM.J a "gootf foitft effort" to affqrd . ..;_,_, __ .,. .. -opportuttitiufqr ~ 9'/<WE, WM an,{J'(IJ~• 6y: As the Prime Contragor 1. lnduding qualified SBE, MBE, WBE and SBRA's on procurement solicitation lists; I certify that I have reviewed 2. Soliciting potential SBE , MBE, WBE and SBRA's; the contract requirements and 3. Reducing contract size/quantities, when economically feasible, to permit maximum found no available subcontracting opportunities . participation by SBE, MBE, WBE and SBRA's; I also certify that I will fulfill 4. Establishing delivery schedules to encourage participation by SBE, MBE, WBE and 100 percent of the contract SBRA's; requirements with my own 5. Using the services and assistance of the Small Business Administration, Minority Business employees & resources . Development Agency, U .S . Department of Commerce, Texas Marketplace; D 6. Submitti ng documentation to the Texas Water Development Board to verify good faith effort, steps 1-5. (check if applicable) ·-.. ,,ana~n, · ~littt~-R'"~~~ttv• TIUe Ce11iffcatton Qate Ill. PROJECT PARTICIPATION ESTIMATES (Demonstrates ma,cimum potential for MBE/WBE participation, based on total contract amount) -r~-~~~iif-· ·---~·C-~()fl J~I Construction $ Supplies $ -34 .0% $ -18.0% $ 8 .0% $ -29.0% $ 0--------------------11 ·---~-------·---------.. Equ ipment $ Services "Other Issuance Cos $ $ -13.0% $ • 22 .0% $ IV. TWDB APPROVAL SIGNATURES OPFCA~lnHr Approval .Date -13.0% $ .. ··------· -······ --·-------------·- -26.0% $ NIA. NJA $WMBE Coordinator Approval Date • Other ISSUANCE costs can include: origin ation fees; bond insurance; land/e asement/right-of-way; attorney general fee: paying agent fee or other non -bi d project costs. I: I TEXAS WATER DEVELOPMENT BOARD SMWBE SELF-CERTIFICATION WRD-218 Revised 07/21/06 For Utilization of Small, Minority, Women-Owned, & Small Businesses in Rural Areas in Procurement . WRD~218 I. PROJECT INFORMATION A. lV(DJ:I B. · Applicantr C. Gorikact O; Pl'l:!9i'$rnT~ Pr~No: EntttyNa~ Amount {iriieit -x• tor d hil•PlllY> c=J Dri nking Water SRF (DWSRF) .-[~ Clean Water SRF (CWSRF) E. CQh~~_,me ·~~·Md~ii$ -· C-_J Colonia Wastewater (CWT AP) c:=J Other II. CERTIFICATION I limb f91J/J. tliat tlie a.itwe rutmd Jim1 fl~ g ~ fMinoriu, 'Women-Ownea or sma({ <.Business it! g ®traf ~ in aaortfance witli tlie <Tgas 'Water~ <Boara guufana document C$<R!f-OJ2l .-- Small Business Enterprise (SBE) Place "X" in the Minority Business Enterprise (MBE) appropriate category Women-Owned Business Enterprise (WBE) Small Business in a Rural Area (SBRA) I Slgnaturv ~ PRIMlii Con~ .• l)atjt· Tffle S!~·APPUCAfO'~ffTIT.Y ~• TiUe Dat.e Ill. NOTARIZATION State of: (Imprint Sea{) - County of: - SWORN TO AND SUBSCRIBED befo re me on: - Signature Date Pri nted Na me : I My Commissio n Expires o n :j IV. TWDB APPROVAL SIGNATURES OPFCA Engineer Approval Date SMWBE Coord inator Approval Date .-------· ------· .. - TEXAS WATER DEVELOPMENT BOARD LOAN/GRANT PARTICIPATION SUMMARY SRF-373 SRF-373 Revised 07/21/06 I. PROJECT INFORMATION A. TW08'Pioject Nu_rriber -~. Cor:i.@ct~ loan Am!,~11t, D Drinking Water SRF (DWSRF) O c1ean Water SRF (CWSRF) CJcolonia Wastewater (CWfAP) D01her II. LIST OF ACTUAL CONTRACTS/ PROCUREMENTS I•, Col umn 1 H -En ter the full name. street address , cltytstate/zip for each firm awarded a contract for the project -s· Col umn 2 :t ------·-·---·----··-----· Enter the procurement categc;>ry: CONSTRUCTION; SUPPLIES; EQUIPMENT ; SERVICES -~' Column3 0 Enter the type ofbusiness: SBE; MBE; WBE; SRBA: or OTHER (OTtiER • ~-SBE , MRF_ 1/'JllE or S6ftll) C Column4 f _ _,___ --... , ____ , __ ---------------·-------·--~----- Enter the exact amount of the award!3(1 contract I Column 5 0 -------------------·-----------------------· -··· ·-------· -··- Enter the exact date the contract Wa$ or will be executed ,. Col umn 6 .S Enter the certification type 1; ~-~tn.t~. !<l<.lentt : 1sc-r RCA C»y of Hou.:0<1 ; Stilf-Gertif"'«llioo ei c .) Co lumn 1 Co ll.iml'! 2 eqtuinn~ .: · Gotumn '5 Name & Addl'8$8 of Cotlfraded Procui'e.ment Qoliirri;i ~ - Ty~df ij1J$in~ ~1 ep~« Contract · Awarqed ($) ·_ ~Qn D• C o(u-nm & ty~ ~f~f.11,.w.E C:er;tmc.ation FirmNeodor ~iY- I fiere 6y certify tliat aff of t lie firms fu tea a6ow wen, CQntractea to wo,{ on t lie specifie,{ project. I also certify tliat I wiff immeaiate[y Mtify the 'l'~as 'Wate , <Deve/'opmenl <Boara if any of tlu Gstea sma ff, mitwrity, women-owne,f or n,raf firms an, terminatea from the project. Signature -A~orizild Repi:esentatlve Title Date 111. TWDB APPROVAL SIGNATURES OPFCA Engineer SMWBE Coonflnator I Approval Date Texas Water Development Board Supplemental Contract Conditions (ED-004e) CWSRF Tier 3, & DWSRF Instructions on use Applicability ED-004e (8-19-02) These Supplemental Conditions contain provisions that are 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) program projects receiving funds directly made available by the Federal capitalization grants. Provisions which are applicable to the project's funding source or dollar value of the contract are so noted within with the provision. Construction projects which have Colonia Wastewater Treatment Assistance Program (CWT AP) funding do not use these conditions but instead use the EPA Supplemental Conditions and TWDB Special Conditions ED-004C. Construction projects which are financed by CWSRF Tier 2 (projects receiving state funds) instead use TWDB Supplemental Conditions ED-004E. Projects with State Loan funding use Supplemental Conditions ED-0040. Optional provisions that are good business practices are available in ED-004H. Application of Conditions The conditions and forms listed under Instructions to Bidders are to be included in the instructions to bidders for construction services. The provisions listed under 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 Recipient (Owner) is to determine and incorporate the affirmative action goals for the project into supplemental condition No. 12. Condition number 15 (Archeological Discoveries and Cultural Resources) and 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. Good Business Practices There are other contract provisions that the Owner and Designer need to include as a matter of good business practices. 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. WRD-708C Revised 9/7/2005 23 • 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. As 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 regulations which are not accommodated by these conditions. It is the Loan/Grant 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 including : • A clear description of what is being procured . • How to obtain P&S, 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. • Acknowledgement of any special requirements such as mandatory pre-bid conference and Affirmative Action requirements. • Right to reject any and all bids . Bid proposal The Bid proposal form should account for the following. • If 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. Bidding Process: The Plans and Specifications should include an explanation of how the bids will be processed . The explanation should include the following components. • Whether a Pre-bid Conference, will be held, whether it is optional or mandatory, and where and when it will be held. • Specify the criteria and process for determining responsiveness and responsibleness of the bidder • Specify the method of determining the successful bidder and award (IE . Award to the !owes t responsive responsible bidder, accounting for any multiple parts to bids .) • Allow for withdrawal ofa bid due to a material mistake. WRD· 708C Revised 9/7/2005 24 • Identify the time frame that the bids may be held by the Owner before awarding a contract. (IE. 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 ofand discussed with the appropriate TWDB area engineer. The TWDB 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 Office of Project Finance & Construction Assistance P. 0. Box 1323 I , Capitol Station Austin, Texas 78711-3231 (512)463-7853 FAX(512)475-2086 WRD -708C Revised 9n/200S 25 Texas Water Development Board SUPPLEMENT AL CON1RACT CONDITIONS For Projects Funded through the Clean Water State Revolving Loan Program (Tier 3) and Drinking Water State Revolving Loan Program WRD -708C Revised 9/7/2005 26 TWDB SUPPLEMENTAL CONDITIONS CWSRF Tier 3, and DWSRF Table of Contents Instructions to Bidders Conditions: I. Minoritv and Women-Owned Businesses Enterprise Goals 2. Contingent Award of Con tract 3. Equal Emplovment Opportunitv and Affim1ative Action 4. Debarment and Suspension Certification 5. Bid Guarantee_ Forms to be submitted with bids (attached) • Bidder's Certifications regarding Equal Employment Opportunity and Non-Segregated Facilities (WRD-255) • MWBE Affirmative Steps Certification and Goals (WRD-217) Construction Contract Supplemental Conditions Conditions: 1. Supersession 2. Privitv of Contract 3. Definitions 4. Laws to be Observed 5. Review bv Owner. and TWDB 6. Performance and Pavment Bonds 7. Progress Payments and Payment Schedule 8. Workman's Compensation Insurance Coverage 9. Changes 10. Prevailing Wage Rates 1 I. Contract Work Hours Requirements (29 CFR 5.1, & 5.6) 12. Equal Employment Opportunitv and Affirmative Action (41 CFR 60-1.4, 1.7 , 1.8, 4.2, and 4.3) 13. Debarment and Suspension (40 CFR 32, Appendix B) 14. Minoritv and Women-Owned Business Enterprise 15. Archeoloe:ical Discoveries and Cultural Resources 16. Endangered Species 17. Hazardous Materials 18. Project Sign 19. Operation and Maintenance Manuals and Training 20. As-built Dimensions and Drawings Forms to be submitted with executed contracts: • Contractor's Act of Assurance (ED-103) • Contractor's Resolution on Authorized Representative (ED-I 04) • MWBE Affirmative Steps Solicitation Report (WRD-216) • MWBE Self-Certification (WRD-218) Forms to be submitted during construction: • MWBE Certification and Participation Summary (WRD-373 ) WRD -708C Revised 9/7/2005 27 EPA AND TWDB SUPPLEMENTAL CONDITIONS Instructions to Bidders I. MINORITY AND WOMEN-OWNED BUINESS ENTERPRISE GOALS -This contract is subject to the EPA established Minority Business Enterprise (MBE) / Women 's Business Enterprise (WBE) "fair share" goals: MBE: CONSTRUCTION 10.3%; SUPPLIES 5%; SERVICES 11.5%; EQUIPMENT 5%. WBE: CONSTRUCTION 5.9%; SUPPLIES 7.6%; SERVICES 14 .5%; EQUIPMENT 7.6 %. TWDB document Guidance for Utilization of Small, Minority and Women Owned Businesses, SRF-52v3 describes the requirements of this program. The prime contractor must submit the PRIME CONTRACTOR AFFIRMATIVE STEPS CERTIFICATION and GOALS (WRD-217) with the bid, to demonstrate the Prime Contractor's understanding and commitment to taking affirmative steps. The contractor must provide the Owner with the information required for Loan Grant Participation Summary, TWDB document SRF-373 and provide sufficient documentation (TWDB WRD-216) that a "good faith effort" was made in offering fair opportunity for participation by qualified SMWBE firms . This information must be submitted prior to the contract award so the information can be approved and presented to the TWDB for funding of this contract. 2. CONTINGENT AW ARD OF CONTRACT This contract is contingent upon release of funds from the Water Development Board. Any contract or contracts awarded under this Invitation for Bids 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, or 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 EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION -This provision applies only to Clean Water State Revolving Fund Program projects and Drinking Water Financial Assistance Program projects Equal Opportunity in Employment -All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin. Bidders on this work will be required to comply with the President's Executive Order No. 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CFR Part 60. The Bidder's EEO/NSF Certifications regarding Equal Employment Opportunity and Non-Segregated Facilities (WRD-255) must be submitted with the bid. 4. DEBARMENT AND SUSPENSION CERTIFICATION -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 provisions the federal Debarment and Suspension requirements of 40 CFR Part 32, including but not limited to Appendix Bas follows: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions Instructions for Certification 4.1. By signing and submitting this proposal, the prospective lower tier partic ip ant is providing the certification set out below. WRD-708C Revised 917/2005 28 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 prospective lower tier participant knowingly rendered an erroneous certification, 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. 4.3. The prospective lower tier participant shall provide immediate written notice to the person to which 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 terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal , and 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 participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement 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 (I) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by 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 . Forms to be submitted with Bid : WRD-708C Revi sed 9/7/2 005 29 • Bidder's EEO/NSF Certifications regarding Equal Employment Opportunity and Non-Segregated Facilities (WRD-255) • Prime Contractor Affirmative Steps Certification and Goals (WRD-217) Construction Contract Supplemental Conditions Conditions: 1. The SUPERSESSION 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. LAWS 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. 5. REVIEW BY OWNER, and TWDB (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 wi ll 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: (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 wit h sound construction principles and practices; and (b) the performance and payment bonds shall be in a penal sum of not less than I 00 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. WRD-708C Revised 9/7/2005 30 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 BREAKDOWN -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 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 (I) The Contractor shall prepare his requisition for progress payment as of the last day of the 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 determined 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%) of the total amount, as a retain age and (2) 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 Contrac t and the delivery of all improvements embraced in this Contract complete and satisfactory to the Owner in all details . (3) This clause applies to contracts when the Owner is a Municipal Utility District, or W ater Control and Improvement District. The retainage shall be ten percent 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%) 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). 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 WRD -7 08C Revised 9/7/2005 31 them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to detennine 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. (c) 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. (e) Final Payment. (I) Upon satisfactory completion of the work performed under this contract, as a condition before final payment under this contract or as a termination settlement 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. Unless otherwise provided in this contract, by State Jaw or otherwise expressly agreed to by the parties to this contract, final payment under this contract or settlement upon 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. (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 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 building or construction as the employer's primary business does not constitute engaging in building or construction. (e) In this section: (I) "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. WRD-708C Revised 9/7/2005 32 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: (I) In the specifications (including drawings and designs); (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 performance 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 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 of defective specifications for which the Owner is responsible, the equitable adjustment 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)( I) 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 Ovmer. 10. PREVAILING WAGE RA TES This Contract is subject to Government Code Chapter 2258 concerning payment of Prevailing Wage Rates . The Owner will determine what are the general prevailing rates in accordance with the statute. The applicable provisions include, but are not limited to the following: § 2258.021. Right to be Paid Prevailing Wage Rates (a) A worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be paid: (I) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work . (b) Subsection (a) does not apply to maintenance work. (c) A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. Added by Acts 1995 , 74th Leg., ch. 76, § 5.49(a), eff. Sept. I, I 995. Amended by Acts 1997, 75th Leg., ch . 165 , § 18 .01, eff. Sept. I, 1997. § 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty (a) The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. WRD-708 C Revi s ed 9/7/2005 33 (b) A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. (c) A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided by Section 2258.022. (d) The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. (e) A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. Added by Acts 1995, 74th Leg., ch. 76, § 5.49(a), eff. Sept. I, 1995. § 2258.024. Records (a) A contractor and subcontractor shall keep a record showing: (I) the name and occupation of each worker employed by the contractor or subcontractor in the construction of the public work; and (2) the actual per diem wages paid to each worker. (b) The record shall be open at all reasonable hours to inspection by the officers and agents of the public body. Added by Acts 1995, 74th Leg., ch. 76, § 5.49(a), eff. Sept. I, 1995. § 2258.025. Payment Greater Than Prevailing Rate Not Prohibited This chapter does not prohibit the payment to a worker employed on a public work an amount greater than the general prevailing rate of per diem wages. Added by Acts 1995 , 74th Leg., ch . 76, § 5.49(a), eff. Sept. I, 1995. 11. CONTRACT WORK HOURS REQUIRMENTS (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 directly 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. Sec . 5.5 Contract provisions and related matters . (a) 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)(l), (2), (3), and (4) of this section in full in any contract in an amount in excess of$ I 00,000 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. ( I) 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-halftimes 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. ln the event of any violation of the clause set forth in paragraph (b )(I) 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) 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 (b)(J) of this section. (3) Withholding for unpaid wages and liquidated dam ages. 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 WRD-708C Revised 917/2005 34 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)(J) through ( 4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(I) through (4) ofthis 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 shalJ 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 EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION -This provision only applies to Clean Water State Revolving Fund Program projects and Drinking 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 . 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 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 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. (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 WRD-708C Re vised 9/7/2005 35 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, I 965, 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 I I 246 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 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. (h) 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 4 I CFR Part 60-4 and its efforts to meet the goals 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 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 goals shall be a violation of the Contract, the Executive Order, and the regulations in 4 I 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 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 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 in volving any construction trade, it shall physically include in each subcontract in excess of $10 ,000 the provisions of these specifications and the notice which contains the applicable goals se t for minority and female participation and which is set forth in the so lic itations from which this contract res ulted. 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. WRD-708C Revised 9/7/2005 36 This contract is subject to the Title 40 Code of Federal Regulations Part 32 concerning Debarment and Suspension. The contractor will comply with the assurances provided with the bid that led to this con tract. 14. MINORITY AND WOMEN-OWNED BUSINESSES ENTERPRISES -This provision only applies to Clean Water State Revolving Fund Program projects and Drinking Water Financial Assistance Program projects. (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 use minority and women business when possible as sources of supplies, construction, equipment and services by taking the following steps: (I) Including qualified small, minority , and women 's businesses on solicitation lists; (2) Assuring that small, minority , and women'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 women'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. The information shall include reporting called for in Texas Water Development Board's Guida11ce for Utilizatio11 of Small, Mi11ority & Wome11-0wned Businesses, SRF-052v3 in procurement. (c) The Contractor shall maintain a documentation file on all efforts to obtain Minority and Women-Owned Business Participation. 15. 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. Ifarcheological 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 operations in that particular area and notify the Owner, the TWDB , and the Texas Antiquities Committee, P.O. Box 12276, Capitol Station, Austin, Texas 78711-2276. The Contractor shall take reasonable steps to protect and preserve the discoveries until they have been inspected by the Owner's representative and the TWDB. The Owner will promptly coordinate with the State Historic Preservation Officer and any other appropriate agencies to obtain any necessary approvals or permits to enable the work to continue. The Contractor shall 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 WRD -708C Revised 9/7/2005 37 Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. !fa 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 implement actions in accordance with the ESA and applicable State statutes. These actions shall 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 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 requirements of terms of Contract. (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 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, 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: (I) A listing of the manufacturer's identification, including order number, model , serial number, and location of parts and service centers . (2) A list of recommended stock of parts, including part number and quant ity. WRD-70 8C Revi sed 9/7/2005 38 (8) (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. Complete equipment wiring diagrams and control schematics with terminal identification . 20. AS-BUILT DIMENSIONS AND DRAWINGS (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records oflocation (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: (I) Horizontal and vertical locations of work. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Forms to be submitted with executed contracts: • Contractor's Act of Assurance (ED-I 03) • Contractor's Resolution on Authorized Representative (ED-104) • Affirmative Steps Solicitation Report (WRD-216) • SM W BE Self-Certification (WRD-218) Form to be submitted during construction: • Loan .1Grant Participation Summary (SRF-373) WRD-708C Revised 9/7/2005 39 Contractor's Act Of Assurance (ED-103) ST A TE OF TEXAS COUNTYOF~(;d~_l_1,J~~~~~~~ BEFORE ME, Kl\\l.\ b~ Notary Public duly commissioned and qualified in and for the County of Cd/1JJ in the State of Texas came and appeared ~,ti\) /Jlc.X'M&) , as represented by LMA,Jl'ZJVtl'.,U~. the corporation's _{?;"""'-2/Q+=~-----' who declares he/she is authorized to represent L) ,g. H ~~ & . .> lf adopted by said corporation on the 4~ pursuant to provisions of a resolution day of ~ .... \w, 20 oq (a duly certified copy of such resolution is attached to and is hereby made a part of this document). ~}JKi,M&,J , as the representative of L).1.Jd;t)~S?,,(.,,JJ? declares that lJ .l .~~~, LP 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 T exas, and the rules of the Texas Water Development Board. GIVEN UNDER MY HAND and sea l of office this cf'tt.J. day of ilio,1\-,, ~~~ \t.e.tiu B i1YlS Print~d Ni mc 200.9._A.D . My Com mi ssio n expires 3>f 2a, [ Z...Ol 0 WRD -708C Re vised 917/2005 F.D -10 3 01 /03 /0 1 47 Contractor's Resolution (ED-104) ON AUTHORIZED REPRESENTATIVE ~-JW t,),cbi,w I hereby certify that it was RESOLVED by a quorum of the directors of the L)./2 . U.xlas,"_ & .. LP 'meeting CJ name or corporauon on the day of ',l j ' 20~, that 4vw h ),~W\,W _____ , and W .t,. Y'-1~ , be, and hereby is, authorized to act on behalf of w .e. llvba,n G.2 .. t£ nam e of co~t,on , 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 affix the seal of the corporation this dayo f rJJ~~f , 2~. Secretary (seal) \\'RD-708C Revised 9/7/2005 ED-104 5/019/02 49 SRF Number SRF-404 (5/13 /91) Certification Regarding Debarment, Suspension, and other Responsibility Matters (SRF-404) The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, . or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) w ith commission of any o f the offenses enumerated in paragraph ( I )(b) of this certification; and (d) Have not within a three-year period preceding this application /proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on th is certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. !001 , a false statement may result in a fine ofup to $10,000 or imprisonment for up to 5 years, or both. Signa ure of Authorized Representati v e l am unable to certify to the above state ments. My ex planati o n is attached. WRD-708C Re vised 9/7/2005 51