The URL can be used to link to this page

Home My WebLink AboutContract 39586 (2)CITY SECRE i ARY J D.O.E. FILE SPECIFICATIONS AND CONTRACT DOCUMENTS CONTRACTOR'S BONDING CO. C O NSTRUCTION'S COPY FOR THE CLIENT DEPARTMENT VILLAGE CREEK DRAINAGE BASIN Cl Y SECRETAR CONTRAC1 NO. SANITARY SEWER SYSTEM REHABILITION, PART 4 SEWER PROJECT NO. P254-701139990100 D.O.E. PROJECT NO. 6241 Dale A. Fisseler, P.E. City Manager S. Frank Crumb, P.E. Director Water Department CITY PROJECT NO. 01054 State Revolving Fund Project CWSRF Project No. 72104 Sanitary Sewer Unit I -(SRF Funded) Unit II -(Non SRF Funded) INTHE CITY OF FORT WORTH, TEXAS PREPARED BY Dannenbaum En!jmee~ Ing Corporation TBPE Firm R e i?· st1. ':<Jion No. 392 6421 Camp Bowie Bo u levard, Suite 400 Fort Worth, T exas 76116 Phone 817-763-8883 Fax 817-377-2956 OFFICIAL RECORD Cl rt St:CRf":" RY FT. WORTH, TX June ,200 9 Mike Moncrief Mayor William Verkest, P.E. Director T/PW Department I I Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/3/2009 -Ord. No. 18898-11-2009 DATE: Tuesday , November 03, 2009 REFERENCE NO.: C-23895 LOG NAME: 60SSVCP4-CONATSER SUBJECT: Authorize a Contract in the Amount of $928,536 .50 with Conatser Construction TX, LP , for Village Creek Drainage Basin Sanitary Sewer System Rehabilitation , Part 4 , on Cravens Road , John T. White Road , Hardeman Street , Rosedale Street and Tension Drive and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $213 ,283.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund ; 2 . Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $213 ,283 .00 from available funds; and 3 . Authorize the City Manager to execute a contract with Conatser Construction TX, LP , in the amount of $928,536 .50 for Village Creek Drainage Basin Sanitary Sewer System Rehabilitation , Part 4 . DISCUSSION: On July 30 , 2002, (M&C C-19172) the City Council authorized the City Manager to execute an Engineering Agreement with Dannenbaum Engineering, Inc ., for the preparation of plans and specifications for Sanitary Sewer Main Nos. 257 and 325 Middle and Upper Village Creek Parallel Relief Alignment Study and Design. This project , Village Creek Drainage Basin Sanitary Sewer System Rehabilitation , Part 4 , Units 1 and 2 , consists of the construction of approximately 5,670 feet of sewer, within the following streets: Street Cravens Road From Maceo Lane Morrison Lane Erath Street Ransom Terrace To Tallie Road 362 Feet East Nolan Street Tension Drive John T. White Road Hardeman Street Rosedale Street Tension Drive At T&P Railroad Crossing The project was advertised for bid on June 25, 2009 , and July 2 , 2009 , in the Fort Worth Star-Telegram. On July 23 , 2009 , the following bids were received : Bidder Conatser Construction TX, LP William J. Schultz , Inc., d/b/a Circle "C" Construction Company Jackson Construction AUi Contractors , Inc. Amount Time of Completion $928,536.50 150 Calendar Days $1 ,050 ,355.00 $1 ,059 ,777 .50 $1 ,064 ,628 .50 http ://app s .cfwnet.org/ecouncil/printmc.a sp ?id= 123 65 &print=true&Doc Typ e= Pr int 1 1/4/2 00 9 Page 2 of2 Rogers Construction Company $1,270,906.25 The project was bid as two units. Unit 1 consists of all project elements that were determined by the Texas Water Development Board (TWDB) to be eligible for funding with Clean Water State Revolving Funds (CWSRF). The bid amount for Unit 1 was $764,453.50. Unit 2 consists of those project elements which were determined not to be eligible for CWSRF . The bid amount for Unit 2 was $164 ,083 .00. M/WBE -Conatser Construction TX, LP , is in compliance with the City's M/WBE Ordinance by committing to 19 percent M/WBE participation . The City's goal on this project is 18 percent. 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 $49,200 .00 ($41 ,000.00 for construction staking, project management material testing and inspection and $8,200.00 for project contingencies) are needed from the Sewer Capital Projects Fund . The project is located in COUNCIL DISTRICTS 4 and 5. FISCAL INFORMATION/ CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Sewer Capital Projects Fund and the Clean Water State Revolving Loan Fund 2007 . FUND CENTERS: TO Fund/Account/Centers 1&2 P258 476045 7041701054ZZ 2 P258 531350 704170105452 FROM Fund/Account/Centers $213 ,283.00 1) PE45 538040 0709020 2 P258 2) P258 511010 704170105480 541200 704170105489 10 000 .00 J) P254 541200 704170105489 $3,000 .00 3 P258 541200 704170105489 $172,283.00 2 P258 531200 704170105484 2 P258 531350 704170105484 2)P258 531350 704170105485 CERTIFICATIONS: Submitted for City Manager's Office by_;_ Originating DeRartment Head: Additional Information Contact: ATTACHMENTS $5,000 .00 $3,000.00 $20,000 .00 1. 60SSVCP4 -CONATSER AO .doc (Public) Fernando Costa (6122) S. Frank Crumb (8207) David Cooper (8252) 2. 60SSVCP4-CONATSER COMPLIANCE . df (CFW Internal) 3. 60SSVCP4-CONATSER MAP1 .Qdf (Public) 4. 60SSVCP4-CONA TSER MAP2 . df (Public) 5. 60SSVCP4-CONA TSER MAP3. df (Public) 6. FAR -RE M&C Review Re uest 60SSVCP4-CONATSER .ms (CFW Internal) 7. Fund Availabil ity.Qdf (CFW Internal) 8. PE45 available balances .xis (CFW Internal) 9. RE PE45 Ca Rita I Projects FY10 Budget .msg (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=l2365&print=true&DocType=Print $213,283.00 764 453 .50 $164 ,083 .00 11 /4/2009 / CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING ADDENDUM NO. 3 for Village Creek Drainage Basin Sanitary Sewer System Rehabilitation & Improvements, Part 4 SEWER PROJECT NO. P254-701139990100 0 .0 .E. NO . 6241 FILE No. X-21008 Bid Receipt Date -July 23, 2009 Date Addendum Issued -July 22, 2009 This Addendum No. 3 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 PROPOSAL and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification. The Contract Documents for the subject project are hereby amended as follows: A. Section 6: PROPOSAL -Remove and replace the Bid Items Table (Pages 6(2) & 6(5)) with the attached Bid Items Table (Pages 6(2) & 6(5)). B. Plans -Sheet 21. The proposed 8-inch sanitary sewer on Sheet 21 shall be ductile iron pipe with Protecto 401 lining without a casing pipe. 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. A-I G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\Addendum\Addendum 3\VC Part 4 Addendum No 3 .doc The Contractor shall acknowledge receipt of this Addendum in the space provided below, in the PROPOSAL and acknowledge receipt on the outer envelope of your bid. 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: Water Department Tony Sholola, P.E. Manager, Water Department By: g ~ .. By: ______ / _____ s/ __ /r. David Cooper, P .E. Company: CborJ:J&£> ri:ovis,bu c! flVl~Y, LP Address: fu ~ lcSW-Y.6: City: F"-b-LLJC}{bh State: =rf A-2 .· '. : :.:° ... ·: .. ;:':.: 1· ·. ·1· ... :.: .•• l ;I <I\( • • I , ' ,·.·····:········,·.·.·············: -". ., ~:\ ·. . ~ . ; ' ) ' '1 •'\l ". / _ • .. ,< \,<.: /'.'i.'i.': '. :·_'J .. ·<' ~ 01 /u./oq G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\Addendum\Addendum 3\VC Part 4 Addendum No 3.doc •. CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING ADDENDUM NO . 2 for Village Creek Drainage Basin Sanitary Sewer System Rehabilitation & Improvements, Part 4 SEWER PROJECT NO. P254-701139990100 D.O .E. NO . 6241 FILE No. X-21008 Bid Receipt Date -July 23, 2009 Date Addendum Issued -July 21. 2009 This Addendum No. 1 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 PROPOSAL and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification. The Contract Documents for the subject project are hereby amended as follows : A. Section 6: PROPOSAL -Remove and replace the Bid Item Table (Pages 6(8)) with the attached Bid Item Table (Page 6(8)) to add Bid Item No . 27. 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. The Contractor shall acknowledge receipt of this Addendum in the space provided below, in the PROPOSAL and acknowledge receipt on the outer envelope of your bid. A-1 G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\Addendum\Addendum 2\VC Part 4 Addendum No 2.doc 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:~ p~ Water Department Tony Sholola, P.E. Manager, Water Department By: /s/ David Cooper, P.E. Company{bY\CdS{) Cl/)Y7S\: ru.c:t ((Y\T,K · U'J Address: ft2 fto&_ { 'SL{ 4fs::: State:T:'{ ., . . .: .. ~ . . . \ '' ' /<!\'.:.:::.-····<··· .. <: '; ·, ,r: , • .• / '. • ··································· r :r;1t,t·r 1 1.: r=\'. ~'!: _ '(~{.' .. ''''};_:·:,·;<_·,····.:·.:·. I( C ") • ·'('1-. •f• • ~ 01/ZJ/o"i A-2 G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\Addendum\Addendum 2\VC Part 4 Addendum No 2 .doc CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 for Village Creek Drainage Basin Sanitary Sewer System Rehabilitation & Improvements, Part 4 SEWER PROJECT NO. P254-701139990100 D.O .E. NO . 6241 FILE No. X-21008 Bid Receipt Date -July 23, 2009 Date Addendum Issued -July 20, 2009 This Addendum No. 1 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 PROPOSAL and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification . The Contract Documents for the subject project are hereby amended as follows: A. Section 6: PROPOSAL -Remove and replace the Bid Items Table (Pages 6(2), 6(5), 6(6), (6(7) & 6(8)) with the attached Bid Items Table (Pages 6(2), 6(5), 6(6), (6(7) & 6(8)). B. Plans -All manholes shall be constructed with a 32-inch frame and ductile iron cover with a locking stainless steel insert. 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. A-1 G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\Addendum\VC Part 4 Addendum No . l .doc '·· ' The Contractor shall acknowledge receipt of this Addendum in the space provided below, in the PROPOSAL and acknowledge receipt on the outer envelope of your bid. 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. Water Department Tony Sholola, P.E. Receipt Acknowledged : Manager, Water Department ~~~~~~- Company:Cw.cds-Q rGbraoub'ooTJ , LP Address: f;b. f62f. 1'54 4,8; City:fLW D!kh State: T)( A-2 ·~ ' .... . ' "~. ,.,,••:••,,,,., l ' I t),, · .. ,, . : l. : ·· .. ·. ·., ································· < . ·····.····························· G :\1210\3642-32\PROJECT\Sp ecifications\Specifications 2008 Part 4\Addendum\VC Part 4 Addendum No . I .doc SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE VILLAGE CREEK DRAINAGE BASIN SANITARY SEWER SYSTEM REHABILITION, PART 4 SEWER PROJECT NO. P254-701139990100 D.O.E. PROJECT NO. 6241 CITY PROJECT NO. 01054 State Revolving Fund Project CWSRF Project No. 72104 Sanitary _ Sewer Unit I -(SRF Funded) Unit II -(Non SRF Funded) INTHE CITY OF FORT WORTH, TEXAS Dale A. Fisseler, P.E. Mike Moncrief Mayor City Manager S. Frank Crumb, P.E. Director Water Department PREPARED BY Dannenbaum Engineering Corporation TBPE Firm Registration No. 392 6421 Camp Bowie Boulevard, Suite 400 Fort Worth, Texas 76116 Phone 817-763-8883 Fax 817-377-2956 June,2009 William Verkest, P.E. Director T /PW Department NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS PREVAILING WAGE RATES SPECIAL INSTRUCTIONS TO BIDDERS -WATER DEPARTMENT MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS PROPOSAL GENERAL CONDITIONS (Water Department) SUPPLEMENTARY CONDITIONS TO PART -C -GENERAL CONDITIONS (WATER DEPARTMENT) SPECIAL CONDITIONS (Water Department) ADDITIONAL SPECIAL CONDITIONS (Water Department) SPECIFICATIONS (Water Department) DETAILS (Water Department) PROJECT DESIGNATION SIGN (Water Department) VENDOR COMPLIANCE TO STATE LAW CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW CERTIFICATE OF INSURANCE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CITY CONTRACT APPENDIX A APPENDIX B TWDB REQUIREMENTS PERMITS G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\0 -TOG.doc Page 1 of 1 -1- NOTICE TO BIDDERS G:1121013642-32\PROJECT\Specifications\Specifications 2008 Part 4\Covers.doc SHORT FORM NOTICE TO BIDDERS Sealed proposa ls for the following: FOR: City of Fort Worth , Texas V illage Creek Drainage Basin Sanitary Sewer System Rehabilitation , Part 4 Sewer Project No. P254-701139990100 D.O.E. Project No. 6241 City Project No . 01054 Addressed to : CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1 :30 p.m., Thursday, July 23, 2009 and then publicly opened and read aloud at 2 :00 p.m. in the Council Chambers . One set of plans and documents for this project may be purchased for a non-refundable cost of Thirty Dollars ($30.00) per set at the offices of Dannenbaum Engineering , 6421 Camp Bowie Blvd., Suite 400 , Fort Worth , Texas 76116 . These documents contain additional information for prospective bidders . Plans and Specifications will be available for pick-up on Thursday, June 251 2009. The major work will consist of the following (All Approximate): Unit I (SRF Funded) 4 23 158 346 2,149 38 2,900 750 2,153 18 78 EA EA LF LF LF EA LF LF LF CY VF Manhole Drop Std. 4 Ft Diam (to 6 Ft Depth) -Install Manhole Std 4 Ft Diam (to 6 Ft Depth) -Install Pipe-Sewer-10 Inch SOR 35 (All Depths) -Install Pipe-Sewer-8 Inch Other Than Open Cut (All Depths) -Install Pipe-Sewer-8 Inch SOR 35 (All Depths) -Install Sewer Service-4 Inch Service Tap -Install Pavement 2 Inch Min HMAC on 2/27 Concrete Base (STR-028) -Install Pavement Concrete on 2/27 Concrete Base (STR-031) -Install Pipe-10 Inch HOPE by Pipe Enlargement Techniques -Install Class "C" Reinforced Concrete Columns & Pier Cap , Complete in Place 24 Inch Drilled Shaft Piers (Class "C" Concrete), Complete In Place Unit II (Non-SRF Funded) 6 71 790 5 130 775 EA LF LF EA LF LF Manhole Std . 4 Ft Diam (to 6 Ft Depth) -Install Pipe-Sewer-10 Inch SOR 35 (All Depths) -Install Pipe-Sewer-8 Inch SOR 35 (All Depths) -Install Sewer Service-4 Inch Service Tap -Install Pavement 2 Inch Min HMAC on 2/27 Concrete Base (STR-028) -Install Pavement Concrete on 2/27 Concrete Base (STR-031) -Install All bidders submitting bids are required to be pre-qualified in accordance w ith the requirements of the Special Instructions to Bidders . For additional information , please contact Mr. David Cooper, P.E., Project Manager, City of Fort Worth at 817-392- 8252 and/or Brian O'Neill , P.E ., Project Manager, Dannenbaum Eng ineering Corporation at 817-763-8883 or by email : brian .oneill@dannenbaum .com Advertising Dates : June 25, 2009 July 2. 2009 Covers.doc -2- COMPREHENSIVE NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following : FOR: City of Fort Worth, Texas Village Creek Drainage Basin Sanitary Sewer System Rehabilitation, Part 4 Sewer Project No. P254-701139990100 D .O.E. Project No . 6241 City Project No . 01054 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1 :30 p.m. Thursday, July 23, 2009 and then publicly opened and read aloud at 2:00 p .m. in the Council Chambers. One set of plans and documents for this project may be purchased for a non-refundable cost of Thirty Dollars ($30.00) per set at the offices of Dannenbaum Engineering, 6421 Camp Bowie Blvd., Suite 400, Fort Worth, Texas 76116. These documents contain additional information for prospective bidders. Plans and Specifications will be available for pick-up on June 25, 2009. The major work will consist of the following (All Approximate): SANITARY SEWER IMPROVEMENTS Unit I (SRF Funded) 4 23 158 346 2,149 38 2,900 750 2,153 18 78 EA EA LF LF LF EA LF LF LF CY VF Manhole Drop Std. 4 Ft Diam (to 6 Ft Depth) -Install Manhole Std 4 Ft Diam (to 6 Ft Depth) -Install Pipe-Sewer-10 Inch SDR 35 (All Depths) -Install Pipe-Sewer-8 Inch Other Than Open Cut (All Depths) -Install Pipe-Sewer-8 Inch SDR 35 (All Depths) -Install Sewer Service-4 Inch Service Tap -Install Pavement 2 Inch Min HMAC on 2/27 Concrete Base (STR-028) -Install Pavement Concrete on 2/27 Concrete Base (STR-031) -Install Pipe-10 Inch HDPE by Pipe Enlargement Techniques-Install Class "C" Reinforced Concrete Columns & Pier Cap, Complete in Place 24 Inch Drilled Shaft Piers (Class "C" Concrete), Complete In Place Unit II (Non-SRF Funded) 6 71 790 5 130 775 EA LF LF EA LF LF Manhole Std . 4 Ft Diam (to 6 Ft Depth) -Install Pipe-Sewer-10 Inch SDR 35 (All Depths) -Install Pipe-Sewer-8 Inch SDR 35 (All Depths) -Install Sewer Service-4 Inch Service Tap -Install Pavement 2 Inch Min HMAC on 2/27 Concrete Base (STR-028) -Install Pavement Concrete on 2/27 Concrete Base {STR-031) -Install Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications . G :\ 1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\Comprehensive Notice to Bidders DOE 624 1.doc 1 of 3 COMPREHENSIVE NOTICE TO BIDDERS NOTICES All bidders will be required to comply with Provision 5159a of "Vernon 's Annotated Civ i l Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no. 7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment practices . Bid security may be required in accordance with Special Instructions to Bidders. The City of Fort Worth reserves the r ight to reject any and/or all b ids 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 rece ipt of the addenda by initialing the appropriate spaces on the Addenda Index and Receipt form(s). Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive . Information regarding the status of addenda may be obtained by contactingthe City Project Manager. - 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 re j ection 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 sa id forms from the City of Fort Worth Project Manager named in this solicitation . In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City of Fort Worth contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM , SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation ") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00 p.m ., five (5) City of Fort Worth business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the Water Department to whom delivery was made. Such receipt shall be evidence that the City of Fort Worth received the Documentation . Failure to comply shall render the bid noAresponsive. SUBMISSION OF BID AND AWARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable -bid , the Contractor is required to submit a bid for the complete proposal. A bid proposal submittal that is received with the proposal incomplete will be rejected as being non-responsive. The Contractor, who submits the bid with the lowest price, will be the apparent successful bidder for the project. Bidders are hereby informed that the Director of the Water Department reserves the right to evaluate and recommend to the City of Fort Worth City Council the bid that is considered to be in the best interest of the City of Fort Worth . For additional information, please contact Mr. Brian O'Neill , P.E. with Dannenbaum Engineering Corporation at (817) 763-8883, or Mr. David Cooper, P.E., Project Manager, City of Fort Worth at (817) 392-8252 . C :\Documents and Settings\dcoope1\Local Settings\Temporary Int ernet Files\OLK92\Comprehensive Notice to Bidders DOE 624 1.doc 2 of3 DALE A. FISSELER, P.E . CITY MANAGER Advertising Dates: June 25, 2009 July 2, 2009 COMPREHENSIVE NOTICE TO BIDDERS MARTY HENDRIX CITY SECRETARY S. FRANK CRUMB, P.E. DIRECTOR WATER DEPARTMENT By: -----'-/ O_l\._!J _5_h o_f ~---'-t'----- Tony Sholola, P.E. Engineering Manager C :\Documents and Settings\dcoope1\Local Settings\Temporary Internet Files\OLK92\Comprehensive Notice to Bidders DOE 6241 .doc 3 of3 -3- PREVAILING WAGE RATES Classifications Hrly Rts Classifications Hrly Rts Air Tool Operator $10.06 Scraper Operator $11.42 Asphalt Raker $11 .01 Servicer $12 .32 Asphalt Shoveler $8.80 Slip Form Machine Operator $12 .33 Asphalt Distributor Operator $13 .99 Spreader Box Operator $10.92 Asphalt Paving Machine Ope rator $12 .78 Tractor operator, Crawler Type $12 .60 Batch ing P lant Weigher $14 .15 Tractor operator, Pneumati c $12.91 Broom or Sweeper Operator $9.88 Travel ing Mixer Operator $12.03 Bulldozer operator $13 .22 Truck Driver-Single Axle (light) $10 .91 Carpenter (Rough) $12 .80 Truck Driver-S ingle Axle (Heavy) $11.47 Concrete Finisher-Paving $12 .85 Truck Driver-Tandem Axle Semi-Trailer $11 .75 Concrete Finisher -Structures $13.27 Truck Driver-Lowboy/Float $14 .93 Concrete Paving Curbing Mach. Oper. $12.00 Truck Driver-Transit Mix $12 .08 Concrete Paving Finishing Mach . Oper. $13.63 Wagon Drill, Boring Machine. Post Hole Driller $14 .00 Concrete Paving Joint Sealer Oper. $12.50 Welder $13.57 Concrete Paving Saw Oper. $13.56 Work Zone Barricade Servicer $10.09 Concrete Paving Spreader Oper. $14.50 Concrete Rubber $10.61 Crane , Clamshell , Backhoe , Derrick, Dragline , Shovel $14 .12 Electrician $18.12 Flagger $8.43 Form Bu ilder-Structures $11 .63 Form Setter-Paving & Curbs $11 .83 Foundation Drill Operator, Crawler Mounted $13 .67 Foundation Drill Operator, Truck Mounted $16.30 Front End Loader $12.62 Laborer-Common $9.18 laborer-Utility $10 .65 Mechanic $16.97 Milling Machine Operator. Fine Grade $11 .83 Mixer Operator $11 .58 Motor Grader Operator (Fine Grade) $15 .20 Motor Grader Operator, Rough O iler $14 .50 Painter, Structures $13.17 Pavement Marking Machine Oper. $10.04 Pipe Layer $11 .04 Roller, Steel Wheel Plant-Mix Pavements $11 .28 Roller, Steel Wheel Other Flatwheel or Tamping $10 .92 Roller, Pneumatic, Self-Propelled Scraper $11 .07 Re inforcing Steel Setter (Paving) $14 .86 Reinforcing Steel Setter (Str ucture) $16.29 G :\1210\3642-32\PROJECT\Specifications\Speci ficatio ns 2008 Part 4\3 -Wage Rate Tab le 2006-05-19.xls -4- SPECIAL INSTRUCTIONS TO BIDDERS WATER DEPARTMENT SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation : a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old . In the case that a bidding date falls within the time a new statement is being prepared, the previous statement sh_all be updated by proper verification . b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received . c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such . e)-The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered . g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth , in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 3. BONDS: A performance bond, a payment bond , and a maintenance bond each for one hundred (100%) percent of the contract price will be required , Reference C 3-3 .7. G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\4 -Special Instructions for Bidders -Water.doc06/04/03 4 . WAGE RATES: Section C3-3 .13 of the General Conditions is deleted and replaced with the following : (a) The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code , including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection . (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroil 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 6019, 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 or privileges of their employment, discriminate G :\1210\3642-32\PROJECTISpecifications\Specifications 2008 Part 4\4 -Special Instructions for Bidders -Water.doc06/04/03 - against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers , members , agents , employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract , a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 1 O. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11 . MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive . Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years . G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\4 -Special Instructions for Bidders -Water.doc06/04/03 12. FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay period . b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete . c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City . d. The warranty period shall begin as of the date that the final punch list has been completed . e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages , city shall make a progress payment in the amount that city deems due and payable . g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\4 -Special Instructions for Bidders -Water.doc06/04/03 -5- MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS FORT'WORTH e City of Fort Worth Disadvantaged Busmess Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the DBE goal is applicable. If the total dollar value of the contract is less than $25,000, the DBE oal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises (DBE) in the procurement of all goods and services to the City on a contractual basis . The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that prov ide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid . DBE PROJECT GOALS The City's DBE goal on th is project is 18% of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more , bidders are required to comply with the intent of the City's DBE program by either of the following : 1. Meet or exceed the above stated DBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if received by 5 :00 p.m., five (5) City business days after the bid goal is met or exceeded : opening date, exclusive of the bid ooening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form , if participation is opening date, exclusive of the bid opening date. less than stated goal: 3. Good Faith Effort Form, if no received by 5:00 p.m., five (5) City business days after the bid participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form : received by 5 :00 p.m ., five (5) City business days after the bid opening date, exclusive of the bid opening date. 5. Joint Venture Form, if goal is met or received by 5:00 p.m., five (5) City business days after the bid exceeded : opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 392-6104. Rev. 11/11/05 FORTW'ORIH ·w PRIME COMPANY NAME: PROJECT NAME: PROJECT NUMBER: CITY OF FORT WORTH Disadvantaged Business Enterprise Village Creek Drainage Basin SS Rehab, Part 4 DOE No. 6241; City No. 01054; CWSRF No. 72104 I CITY'S DBE PROJECT GOAL: 18% Please read the following statements prior to executing this form . ATTACHMENT 1A Page 1 of 3 Schedule of Subcontractors/Suppliers D DBE BID DATE : Thursday, July 23 1 2009 at 1:30PM I Prime's DBE GOAL COMMITMENT: % Bidders/Offerors must provide information on all prospective subcontractor(s)/suppliers who submit bids/quotations in support of this solicitation. 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 bit opening, exclusive of bid opening date, will result in the bid being considered non-responsive to the bid specifications. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the 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 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. Prime contractors must Identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant I.e. a direct payment from the prime contractor to a subcontractor is considered 1•1 tier, a payment by a subcontractor to its supplier Is considered 2nc1.tier. The prime contractor Is responsible to provide proof of payment of all tiered subcontractors Identified as a DBE and counting those dollars towards meeting the contract committed goal. Prime contractors must also provide the previous year's annual gross receipts of all subcontractors/suppliers listed on the utilization form. This information may be expressed in the dollar ranges provided that column. Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacture nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the Job site. In all cases, the prime contractor Is responsible to Identify the amounts to be used toward the committed DBE goal. If hauling services Is utilized, separation of dollars for haul-In and haul out is required . In addition, the prime will be given credit for utilizing a DBE hauling firm as long as the DBE owns and operates a least one fully licensed and operatlonal truck used on the contract The DBE may lease trucks from another DBE firm, including DBE owner- operated and receive full DBE credit The DBE may lease trucks from non-DBEs, including owner-operators , but will only receive credit for the fees and commissions earned by the DBE as outlined in the lease agreement Note: Be mindful of the 60% rule. Rev. 5-30-03 FORTW°ORTH . e CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTORS/SUPPLIERS ATIACHMENT 1A Page 2 of 3 Check this box D if any subcontractor/supplier Is a Sole Source and Identify by writing sole source by the subcontractor/supplier name. Name: NAMES AND ADDRESSES OF SUBCONTRACTORS/SUPPLIERS Address: Phone: Fax: Email: Contact Person: Name: Address: Phone: Fax: Email: Contact Person: Name: Address: Phone: Fax: Email: Contact Person: Name : Address: Phone: Fax: Email: Contact Person: TYPE OF WORK TO BE PERFORMED Type of Work: $AMOUNT: Type of Work: $AMOUNT: Type of Work: $AMOUNT: Type of Work: $AMOUNT: Specify CERTIFIED DBE PREVIOUS YEAR'S Tier FIRM ANNUAL GROSS RECEIPTS check one Yes No_ _ less than $500K Certified By: NCTRCA TXDOT Other __ pleaae attach DBE certification _ $500K to $2M _ $2M to$5M _ more than $5M Yes No_ _ less than $500K Certified By: NCTRCA TXDOT _ $500K to $2M _ $2M to $5M Other __ please attach DBE certification -more than $SM Yes No_ _ less than $500K Certified By: NCTRCA TXDOT _ $SOOK to $2M _ $2M to$5M Other __ please attach DBE c1rt1llcat1on -more than $SM Yes No_ _ less than $SOOK Certified By: NCTRCA TXDOT _ $SOOK to $2M _ $2M to$5M Other __ please $ attach DBE certification -more than SM Rev. 5-30-03 · FoRTWORTH 9 NAMES AND ADDRESSES OF SUBCONTRACTORS/SUPPLIERS Name: Address: Phone: Fax: Email: Contact Person: Name: Address: Phone: Fax: Email: Contact Person: CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTOR/SUPPLIERS TYPE OF WORK TO BE PERFORMED Specify CERTIFIED DBE Tier FIRM Type of Work: Yes -No - Certified By: NCTRCA --TXDOT --$AMOUNT: Other __ pleaae attach DBE certlftcatlon Type of Work: Yes -No_ Certified By: NCTRCA --$AMOUNT: TXDOT --Other __ please attach DBE cert ific ation ATIACHMENT 1A Page 3 of 3 PREVIOUS YEAR 'S ANNUAL GROSS RECEIPTS ( check one) _ less than $500K _ $500K to $2M _ $2M to$5M _ more than $5M _ less than $500K _ $500K to $2M _ $2M to$5M _ more than $5M The undersigned bidder agrees to enter Into a formal agreement with the DBE firms for work listed in this 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. ALL DBES MUST BE CERTIFIED BY THE CITY OF FORT WORTH PRIOR TO A RECOMMENDATION FOR AWARD TO THE CITY COUNCIL. Authorized Signature Printed Signature Title Contact Name and Title (If different) Company Name Phone Number Fax Number 1 Address Email Address City/State/Zip Code Date Rev . 5-30-03 ATTACHMENT 1 B Page 1 of 1 Ci~ of Fort Worth Disadvantage Business Enterprise Specifications Prime Company Name Thursday, July 23. 2009 at 1 :30PM Prime Contractor Waiver Village Creek Drainage Basin SS Rehab, Part 4 Project Name DOE No. 6241; City No. 01054; CWSRF No. 72104 Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if .bmh 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.1 fwe (5) City business days after bid opening, exclusive of the bid opening date, will result in the .bid l>eing considered n9n,-respo~sive to bid specifications. · Will you perform this entire contract without subcontractors? __ Yes __ No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? __ Yes __ No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBE(s) on this contract, the payment therefore and any proposed changes to the original DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the 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 creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name (if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev. 5/30/03 FORT V\TORTH ATIACHMENT 1C Page 1 of 3 -City of Fort Worth Disadvantage Business Enterprise GOOD FAITH EFFORT Cornts-e rCoY1S+1:ucf ;on]2.,LP Prime Company Name' Village Creek Drainage Basin SS Rehab, Part 4 Project Name Thursday, July 23, 2009 at 1 :30PM Bid Date DOE No. 6241; City No. 01054; CWSRF No. 72104 Project Number If you have failed to secure DBE 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 DBE 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 (DO NOT LIST NAMES OF FIRMS} which will be used in the completion of this project, regardless of whether it is to be provided by a DBE or non-DBE. On Combined Projects, list each subcontracting and or supplier opportunity through the 2"d tier. (Use additional sheets, if necessary) List of: Subcontracting Opportunities -ri:u.c.JL., ~'-l::'.w{) u.\ a£+-SJ V~ 11S ti ~dvn llu\ch ~Qd; 83 t--Scdd i ~ -bo L i ¥'.'13 J~ rvv;~2-0,6\-\QQ d L,o-QS List of: Supplier Opportunities (?ooc v-o +e --:::g_e.d \ M ix IY~~+,·c.., ~vol :$ypplU2<; As~1+ ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of DBE subcontractors and/or suppliers from the City's M~BE Office. ~es __ No u...-1>ate of Listing _Qj_/ 50 f O°( ~...r 'o 3.) Did you solicit bids from DBE firms, within the subcontracting andlor°supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of th;>d~~ the bids are opened? ~es If yes, attach DBE mail listing to include name of firm ~i{d address and a dated __ No copy of letter mailed. /1'- 4.) Did you solicit bids from DBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? ~es __ No If yes, attach list to include name of DBE firm, person contacted, phone number and date and time of contact. 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 DBE name, date, time, fax number and documentation faxed. NOTE: H the list of DBEs for a particular subcontracting/supplier opportunity is ten or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. H the list of DBEs for a particular subcontracting/supplier opportunity is ten or more, the bidder must contact at least two-thirds 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 DBEs or information regarding the location of plans and specifications in order to assist the DBEs? __Lves __ No 6.) Submit documentation if DBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the DBE 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 a inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessarv, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ~l on.~rilor1 1 -;;-,J ~ i r FORT WORTH ~ City of Fort Worth Subcontractors/Suppliers Utilization Form ATIACHMENT 1A P ag e 1 of 4 Check applicable block to describe prime NON-M/W/DBE 07 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: % % Identify!!! subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentatr~n, and received by the Managing Departmetiton or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bi<;J 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 151 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 (MIWBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The 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 I ---~ ---..,.--> j)J c..: n AITACHMENT 1A Page 2 of4 I IV Primes are required to identify ALL subcontractors/suppliers, regardless of status ; i.e., Minority, Women and non-MM/BEs. Please list MM/BE firms first, use additional sheets if necessary . Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER n T Deta.11 Detail Company Name I N T Address e M w C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax B B T D w r R 0 B E E C T E A J('u.c..,~i "~ 7$ 94 I /Cj o.OD t-14.c.A-\ 0 ROBE RT GRANADOS TRUCKJNG 'Su v plt.tS 4608 Sandage l v Fort Worth, Texas 76 115 (817) 87 5-2400 C of'C. re.-te_ '% /p[p,~CfJ .06 "Re-di Mi)( COWTOWN REDI-MIX PO Box 162327 I ..... Fort Worth, Texas 76 161 V V (8 17)759-19 19 f (817)759-] 7 16 -rrc.grc.--$~1 000°0 Roadrunner Traffic Su ppl y, Inc . Cov-l+<V \ 3200 Marquita Drive ' v' ,., <51.,q,pli t8 Fo rt Worth, Texas 76116 v' phon e: 8 17-244-4524 fax: 8 17 -244-48 19 +l '(d rt) u l,\ l (., V\. 1:> l /IX> .D D TruB lu e Services, LLC S&fi~~ 87 16 s. Water Tower Rd . 1 ,/' Scd:f i i1) Fort Worth, Texas 76179 phone : 8 17-9 17-3238 ~''"'3 ,$ 4-, t;5 00 . 0 0 HAROSBROTHERSBORJNG 5 1 12 Mosson Road v Fort Worth, Texas 76119 I (8 17) 572-6332 -rv $7) 300.00 ..,:-r1s.pi.0 ·,vVl MJ PIPELINE INSPECTION, INC. v "' cw Li Yl~ PO Box 851 l Granbury, TX 76048-085 1 Melody Bendewald (8 17 ) 94 6-112 6 - Rev. 5/30 /03 ~ I i T T . ..~ ... -, foRTWORTH --.,..,-- ATIACHMENT 1A Page 3 of4 <· Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Worrien and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. I V Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER n T Detail Detail Company Name I N T ' Address e M w C X M SubcontracUng Work Supplies Purchased Dollar Amount Telephone/Fax r B 8 T D VI R 0 B-E E C T E A :P;~,+i-Hi~ '$ J 33, ~C,7 d) NATIONAL WATERWORKS / "'\Jo Ive£ PO Box 840700 I V Dallas, Texas 75284 (800) 252-1557 Asp~ H-$Lf t.poo.oo JLB Contracting, LLC I PO Box 24131 / Fort Worth, Texas 76124 I " (817) 261-2991 RINKER MATERIALS . 'fj pe I~ +.l1<"'5S $ JLJ 1300. oO PO Box 730197 ~ V"-\ ve.S Dallas , Texas 75373 -0197 l v v' (817) 491-4321 Rev. 5/30/03 A ) . FORT WORTH ~ Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers . ' ' $ $ ,v v _ _;; ATTACHMENT 1A Page 4 of 4 '··177 LP CcAD .00 'V I 5 iJ. , l q 1. 00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 3.J.-S, ss,_ 00 The :cci11tr~ctor will not make ac;tditions /:d¢i~ti~~s. or substitutions to this certified list without the prior approval of th~ Minority and Women Business /Eiiterpr\s~ Office Manager .or designee through the submittal of a Reques_t for Approval of Change/Addition~ . Ariy unjustified charme or deletion ·shall be a material breach of contract and may result in debarment ir(~c(:()rci with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how .the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination . By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/OBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company . The bidder agrees to allow the transmission of interviews with owners, principals, officers , employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City . Any intentiona~ 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 statem~nts. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Title Cow-+se y Cons.t-Y\J..c.J: I OYJ=rx I Lf Company Name · ' co,{tact Name/Title (If different.I. _ d :fhoN2_ ~o-. 1 817--53Y-J74.3 8J7-53LJ-Y55(,., Telephone andlor Fax I itie CC";;L @.,,Coccdse c CQa:::-) allAdd s Address City/State/Zip l ,/ ~~} 09 Date 1 ' Rev. 5/30/03 FORT°WORTH ---w City of Fort Worth Disadvantage Business Enterprise GOOD FAITH EFFORT ' . ATIACHMENT 1 C Page 1 of 3 . l ·'/ / f' LoO;::t±5£ rCo as+11< U ion~,LP Thursday, July 23, 2009 at 1:30PM Prime Company Name' Bid Date Village Creek Drainage Basin SS Rehab, Part 4 DOE No. 6241: City No. 01054: CWSRF No. 72104 Project Name Project Number If you have failed to secure DBE 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 DBE 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 11st each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a DBE or non-DBE. On Combined Projects, list each subcontracting and or supplier opportunity through the 2"d tier. (Use additional sheets, If necessaty') List of: Subcontracting Opportunities If tA ul-1 X":3 'i:'. Ya 1 .d a£+ S A v\)\ 11 S the\ )fl }:\IA\ Cb ~Qd \ Y'§ t-Sxkl i 'j :bo<i ~ )~ rY)~t,±\M cl L,o-0S List of: Supplier Opportunities (vooc Y"2 +e ~e-d \ Mix \Yo.~-f,·c.-~vo ] ~pp l ~Q<; ~S+f)2i l + I_ ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of DBE subcontractors and/or suppliers from the City's Mf't'BE Office . '-";nate of Listing _E_j__, 50 ,o°f '·, __ No \.; ' (., 3.) Did you solicit bids from DBE firms, within the subcontracting and/or-supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the/Vday the bids are opened? ,-' __xYes . ·o If yes, attach DBE mail listing to include name of firm and address and a dated __ No copy of letter mailed. /1, 4.) Did you solicit bids from DBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? ~es __ No If yes, attach list to include ~ of DBE firm, person contacted, phone number and date and time of contact. 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 DBE name, date, time, fax number and documentation faxed. NOTE: If the list of DBEs for a particular subcontracting/supplier opportunity is ten or less, the bidder must contact the entire list to be In compliance with questions 3 and 4. If the list of DBEs for a particular subcontracting/supplier opportunity is ten or more, the bidder must contact at least two-thirds 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 DBEs or information regarding the location of plans and specifications in order to assist the DBEs? _Lves __ No 6.) Submit documentation If DBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the DBE 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 a inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.I Company Name Telephone Contact Person Scope of Work Reason for Rejection .J.i2 Q n ~rJ..o n 1 -;;-.JI ~__A July 23, 2009 City of Fort Worth CONATSER CONSTRUCTION TX, LP P.O. Box 15448 Fort Worth, Texas 76119 (817) 534-1743 fax (817) 534-4556 Disadvantaged Business Enterprise 1000 Throckmorton Street Fort Worth, Texas 76102 RE: VILLAGE CREEK DRAINAGE BASIN SANITARY SEWER SYSTEM REHABILITATION, PART 4 SEWER PROJECT No. P254-701139990100 City Project No. 01054, DOE No. 6241 In the City of Fort Worth, Texas ' ' Below is a list of responsible Subcontractor/Supplier quotes received on the referenced project. These quotes reflect having a complete bid, insurance, and quoting on or before 5:00 p.m. at least day prior to bid opening. Pipe , Fittings & Valves 1) National Waterworks No M /WBE bids received. 2) Rinker Materials No M /WBE bids received. Asphalt 1) JLB Contracting No M /WBE bids received. $133 ,297.00 $14,300.00 $4,600.00 800-252-1557 817-491-4321 817-261-2991 The above information is strictly confidential and must not be bound to the Contract Documents . Respectfully Submitted, CONATSER CONSTRUCTION TX, LP Conatser President DBE DBE ID# FIRM ADDRESS CITY STATE ZIP PHONE FAX LETTER June 29, 2009 00162306 AEI 1230 Brown Trai l, Suite #102 Bedford TX 76022 (817) 268-1381 (817) 268-1921 y 00162306 820 Environmental, Inc . 3103 C lear Lake Court Arlington TX 76017 (817) 467-7006 (817) 465 -6149 y 00162306 DFW lntrastructure, Inc . 4913 Briar Patch Lane Burleson TX 76028 18887399070 (817) 332-7244 y 00162306 Magnum Manhole & Underground Co. 3828 Cavalier Drive Garland TX 75042 (214) 687-2293 (972) 276-5318 y 00162306 NTP Plumbing & Uti liti es Contractor 1025 E. Powell Ave . Fort Worth TX 76104 (817) 909-1475 (817) 483-6203 y 00179102 Ram Too l & Supply Company, Inc . 2323 Crown Road Dallas TX 75229 (817) 759-1993 (817) 759-2799 y 00321201 3ffAG Communications , LLC 709 North Hill Drive Richardson TX 75080 (214) 934-5692 (972) 234-2512 y 00321201 All-Tex Pipe & Supply, Inc. 5205 Elliott Reed er Road Haltom City TX 76117 (817) 831-3821 (817) 831-2173 y 00321201 LKT & Associates 3346 County Road 275 Melissa TX 75454 214 5440440 (214) 544-3684 y 00321201 Romar Supply, Inc . 2468 Fabens Road Dallas TX 75229 (214) 357-2020 (214) 357-1398 y 00321201 Thompson Bearings & Power Transmission LLC PO BOX 222261 Dallas TX 75062 (972) 812-0878 (972) 8 12-0877 y 00321201 THT E lectric Company, Inc. DBA THT 2999 N. Slemmons Frwy Lewisville TX 75077 (972) 979-3204 (469) 322-2668 y 00321201 Winston Water Cooler, LTD. 5014 Mark N Parkway Fort Worth TX 76106 (817) 624-9090 (817) 624-1747 y 29-Jun-09 Send Log tatus AtType PrName Date Comple Fax Se1 Thompson Bearings & Power Tr. .. Mon 6/29/2009 3:27 PM ample Fax Se1 Magnum Manhole & Undergrou ... Mon 6/29/2009 3:20 PM Fax Se1 3/T A G Communications , LLC Mon 6/29/2009 3:36 PM ample Fax Se1 All -Tex Pipe & S upply, Inc . Mon 6/29/2009 3:11 PM Fax Se1 Ram T ool & S upply Company, In c Mon 6/29/2009 3:23 PM Fax Se1 W inston Water Cooler, LTD . Mon 6/29/2009 3 :38 PM ample Fax Se1 Conatser Construction , Inc. te Mon 6/29/2009 3: 15 PM ample Fax Se1 NTP Plumbing & Utilities Contr Mon 6/29/2009 3:21 PM ample Fax Se1 B20 Environmental, Inc. Mon 6/29/2009 3: 13 PM Comple Fax Se1 D FW lntrastructure , Inc . Mon 6/29/2009 3 : 16 PM Fax Se1 A E I Mon 6/29/2009 3 :08 PM ample Fax Se1 THT Electric Company, Inc. D Mon 6/29/2009 3:33 PM ample Fax Se1 LKT & Associates Mon 6/29/2009 3: 18 PM ample Fax Se1 Romar S upply, Inc. Mon 6/29/2009 3:25 PM Page 1 Pa ... Company 2 2 2 c.-Er= r Su ... ~ &-5$,-/ C, 2 ,4-,,... ( c..,<.J~•( (~ & -.) 2 2 2 2 2 2 2 2 2 2 . \ Phone Number/Callerld 9728120877 9722765318 9722342512 8178312173 8177592799 8176241747 8175344556 8174836203 8174656149 8173327244 8172681921 4693222668 2145443684 2143571398 Send Log Page 2 ADDITIONAL INFORMATION: ATTACHMENT1C Page 3 of 3 Please provide a~ditional information you feel will further explain your good and honest efforts to obtain DBE participation on this project. /'y 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 DBE(s) listed was/were contacted in good faith. It is understood that any DBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Title ~ci+s--e r Ows+vi 1 c ±: 0v1 \X LP Company Name ' To Boi: ISyug Address B LVo<w IX t (o ll 4 ·city/State/Zip ) Printed Signa ure Set WJ-!L Contact Name and Title (if different) Sl7-53t.1-17y 3? Phone Number \ 'i?/ 7 :::5 3,4-455 ~ Fax Number gJ e v r >( <§.,eovu t-s-e c. con"-.. ail Address 'j., J-::>/ 0 °1 Date -6- PROPOSAL Part B PROPOSAL THIS PROPOSAL MUST NOT BE REMOVED FROM THIS BOOK OF CONTRACT DOCUMENT TO: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON STREET FORT WORTH , TEXAS 76102-6311 Village Creek Drainage Basin Sanitary Sewer Rehabilitation, Part 4 Sewer Project No. P254-701139990100 DOE Project No. 6241 City Project No. 01054 Pursuant to the foregoing "Notice to Bidders" the undersigned bidder has thoroughly examined the Contract Documents, including Plans, Special Contract Documents, the General Contract Documents, and General Specifications for Water Department Projects, and the site of the project, understands the amount of work to be done, and hereby proposes to do all work, furnish all labor, equipment and materials necessary to complete all the work as provided in the drawings and specifications and subject to the inspection and approval of the Director of the Water Department of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, approved by the City of Fort Worth for the perfonning and completing of said work within the time stated and for the following sums, to wit: B -(1) Unit I -(SRF Funded) 0 NO. ITEM APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY WITH BID PRICES WRI'rfEN IN WORDS VALUE VALUE 1 00351 2,067 LF Pipc-Scwcr-8 lnch-SDR35 (All Depths) -In sta ll lh\-< b:::j S\x Dollars and .N 0 Cents per Ll' $ 3(s..DO s 74 1 /,J...00 2 00349 99 LF Pipe-Scwc r-8 Inch -Other Than Open Cut (All Depths) • Install N; hl e..,b:::f. ___ Dollars and JvQ -· Cents per LF $ 90.00 $ 8 9J0.00 3 00955 2,153 LF Pipe-IO " HOPE San Sewer Pipe By Enlargement Techniques- Install t_.·f:i-::t IWO Dollars and NO Cents oer LF $ 5°.)..oo $ 111, g51,.ct 4 00246 158 LF Pipe-S ewcr-lO ln ch -SDR35 (All Depths) -Install ~y'~~ two Dollars andNO Cents per LF <-f.).o'D /,;,{p ~(p. ()0 --5 00350 95 LF Pipc-Sewer-8 lnch-SDR26 (All Depths) :11) y' t-~_L_9.ht-: Dollars .~8 .ob 3,lo/0.cx> and~_Q_ Cents 11cr LF $ $ 6 00213 23 EA Manhole-Std 4 Ft Diam·(to 6 Ft Depth} -Install /hi {k'f ~•<jbt \lUNOfed f\ f-+':J Dollars (I:) d. andJ:\11) Cents 11cr EA $ 3,i5J. s8'o, 550 7 00214 93 VF M anho lc-Std 4 Ft Diam-Added Depth ( over 6 Ft Depth}-lnstall 0>JL U u,.Jd"°,d-S,x.tj Dollars ( &;o.DD 00 and 1'.JD Cents oerVF $ s llf. 8~0. 8 00207 4 EA Manhole -Drop -Std 4 Ft Diam-(to 6 Ft depth) -Install ~th--=t i"'wo u lJ ..:J{j ~ cl. Dollars and NQ Cents per EA q tJO I~• 'dXJ· oo s ,.lOD· $ 9 00208 23 VF Manhole-Drop-Std 4 Ft Diam-Added Depth (over 6 Ft Depth)- Install -.-~Lt~~ lt.uQ Dollars and NO Cc111s l)erVF s ~no00 s L} loD?,oo --· 00198 --28 -iA -·-Colla r-Manho lc-32 lnch-Frallle & Cove1· -Install 10 -r1,\{~Q ~~~Md 'Fl ~-4-_____ Dollars Ol and NO Cents per EA $ 350.DD 9 gcD . -· $ • -·· --· 11 00206 21 EA Manhole ·· Remove -fu>o \J Y. ,_; o V\Qd Dollars and N\J Cents per EA :)_oo. oo sLJ ,.JDO .w -$ 12 00217 28 EA Manhole-Vacuum Test -Sc1viccs I 0 N--L W u l\) 1 y\Q ci-Doll ars [OO,CC (X) $ s 2 gcv. 8 -(2) 2 3 4 5 6 7 8 9 10 11 i • Unit I -SRF Funded ITEM NO. 00955 00246 00350 00213 00214 00207 00208 00196 APPROX. QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES WRITIEN IN WORDS 2,149 LF Pipe-Sewer-8 lnch-SDR35 (All Depths)-Install _________________ Dollars and Cents r LF $ 346 LF Pipe-Sewer-8 Inch-Other Than Open Cut (All Depths) -Install _________________ Dollars and Pipe-IO" HDPE San Sewer Pipe By Enlargement Techniques- Install $ 158 ipe-Sewer-10 Inch-SDR35 (All Depths)-Install and 95 LF Pipe-Sewe 8 Inch-SDR26 (All Depths) Dollars and Cents LF $ 23 EA Manhole-Std 4 Ft Dollars $ 93 VF Dollars $ 4 EA $ 23 Collar-Manhole and EA Manhole -Remove _________________ Dollars and ______________ Cents per EA $ B -(2) .,. . UNIT VALUE h .Q/°/4.Cill a!X'~ /l).1 $ $ $ $ $ $ $ $ NO. ITEM APPROX. DESCRIYfION OF ITEMS UNIT TOTAL NO. QUANTITY WITH BID PRICES WRITIEN IN WORDS VALUE VALUE 12 00217 28 EA Manhole-Vacuum Test-Services L)tAD1 I C(){'f ~ Dollars _J_ -f e I N\_ and Cents per EA s $ 13 00961 10 EA Sewer Service-4 Inch Tap to HDPE by Pipe Enlargement -lnstalJ £,·9 b ± Hu Nd t\Q d l;::-1 f-t .... / Dollars ~s o.vo '3 oo and I\. l l J CentsoerEA s S 50V · 14 00355 38 EA Sewer Service-4 Inch Service Tap -Install =r1i (£ ~ hJ U AJO ~d. Dollars and J'\J 0 Cents per EA ~(){).(J) s I I t./-CO . UO $ 15 00354 1,600 LF Sewer Service-4 Inch -Install ----rJJ \ <t< y ["; Jc Dollars and NO CentsperLF 3:5 ,00 s 5Co Doo .d> s 16 00361 5 EA Sewer-Servi~ Inch Service Tap -Install Jhr>ee 1-J.\::i N dMd Ter-J Dollars and NO Cents per EA ~) o.vv s I 5~0.oo $ 17 00363 350 LF Sewer-Se~ Inch-SDR26 -Install ---fh \ (~'t S~x Dollars and N !2 CentsperLF .~lo.oo $ I_) Ir.CO VO s 18 00356 48 EA Sewer Service-4 Inch-2 Way Clean Out -Install ,- o~~ wi.<N a Md 'l;' : .f. i .... , Dollars and NO Cents per EA \c;o.oD S t :loD . a:. $ 19 00362 5 EA Sewer-Servi~ Inch-2 Way Clean Out -Install ~1) +J ll t::,J d r\Lc-l Dollars l\l n 60 s / oco. uo and Centsoer EA $ ::i_oo.· 20 00372 2,481 LF Trench Safety System 5 Foot Depth -Install ~o Dollars and ND Cents per EA ;).oo s Lj q~)._ oV $ 21 00901 450 LF Pipe -Abandon (Grout with flowable fill) E isb+-Dollars and N O CentsperLF g--. DO 3 1 1o o o .o0 $ $ B -(3) N O. ITEM APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY WIIB BID PRICES WRITIEN IN WORDS -VALUE VALUE 22 001 37 200 SY Grass-Sod -Install E,~nt-Dollars and J-J 0 Cents per SY s 7:'.cD s /, too o .oO 23 00147 30 CY Topsoil Sixteen Dollars and Fiftv Cents per CY $16.50 $495.00 24 002 01 5,277 LF Inspection-Post Construction Cleaning & TV -Study O '!J-e__ Dollars and F; £i-! CentsperLF so 1 ~ 15.!il) s I s 25 00202 2,4 00 LF lnspection-Preconstruction Cleaning & TV -Study --r:) 0 Dollars and i\l 0 CentsperLF ;;)_UO $ 4 ~C().oO $ 26 00501 1 LS Sign-Barricades & Traffic Routing -Install Six lhousoc. ~!J, Dollars and J'\J 0 Cents per LS $ ~ I [X)Q.u.J Lf) s {p,[))(). 27 005 39 1 EA Dehole--0 to 5 Ft Depth -Study - 0v.JL Wur--.lcir\Qd Dollars and NlJ Cents per EA 500.DO sw.00 s s 28 00423 85 LF Curb & Gutter -Install --.---- J wen ±,._j Dollars and ~10 CentsperLF _:)(").<JO I ,oD -[;IJ s s 29 0052 8 27 SF Walk -Install ,s; /\ Dollars and JVl') Cents per SF 00 Jb.).. 00 $ fo ' s 30 00839 5 CY Concrete-Type E -Install ~N Dolbus and NQ Cents per CY /Q _Db 50,00 $ s 31 00443 2,900 LF Pavement-2 Inch Min HMAC on 2/l.7 Concrete Base (STR-028)- Install -rh, r L 1 Eicb+ Dollars and NO Cents per LF '::>l?-06 .00 s s 1/0.~CO B - (4 ) f NO. ITEM APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY WITH BID PRICES WRl'ffEN IN WORDS VALUE VALUE 32 00458 750 LI' Pavement-Concrete on 2/27 Concrete Base (STR-031) ro(-b:::illQO Dollars and ~o Cents per LF i.f J.. oD $8l .5covD $ 33 18 CY Class "C '' Reinforced Concrete Columns & Pier Caps, Com1>lctc in Pince s) X: J./ Li.Nd N.J Dollars and ND Cents per CY (pOtJ.oD s / o <gDDa:> $ 34 78 VF 24-lnch Dril!cd Shaft Piers (Class "C " Co11cretc), Complete in Place Q~~ WY.bid rV.d Dollars and 1,-j D Cents per VF ,ro.oo <gt) ol> $ $ 7 . 35 00097 75 CY RipRap-6 Inch -Install Ofoil?_ 1-11,{ .NO N cl Pi !-t---1 Dollars and ND Cents per CY J50/D $ )J,~D-DD $ 36 00225 200 Ll' Pipe • Sag Adjustment for Pipe. Rehab 5; ~-t---) Dollars and ;JU Cents per LI' roo{t) s /;). O~·t-0 $ 37 00954 28 EA Manhole-Watertight lnsc1t-Locking Stainless Steel -Install "Jh (',ee ).). l::f.Nci f'Q d Dollars and NO Cents per EA 300.CC g', L/ CO,oo $ $ 38 01166 335 LF Pipe-Sewer-IO Inch-ht Casing Pipe-Other Than Open Cut-Install 0 ~ l-J Y1'l cl f'..Q,d Egb-+'--/ Dollars and 1'.\ 0 Cents per LF /K0.00 sf/){) ~.LXJ $ 39 01185 175 LF Pipe-Sewer-8 Inch-Tu Casing Pipe-Other Than 01,cn Cut -Install . 0 NJ. J.l Y Nd ~d IWO(l±-4 h v' e._Dollars and NQ Cents per LI' /;).'5. O() s ~,.~.54D $ 40 154 LF Pipc-Scwer-8 Inch-DIP w/Protecto 401 Lining (All Dcpths)-lnstall S i'i.±-:f-Dollars and 1') [2 Cents pcrLF bo.oo s 9.:JI.JO,ot. $ 41 650 SF Remoye & Replace Reinforced Concrete Flume S lX Dollars and LvO Cents per SF &.oo -~l1(1J.OD $ $ TOTAL $ 7 wl../,453.50 B -(5) • I 33 34 35 36 37 ITEM NO. 00458 00097 00225 00954 TOTAL APPROX. QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES WIU'rfEN IN WORDS 750 LI' Pavement-Concrete on 2/27 Concrete Base (STR-031) __________________ Dollars nnd _______________ Cents per LF 18 CY Class "C" Reinforced Concrete Columns & Pier Caps, Complete in Place and _______________ _ 24-luch Drilled Shafi Piers (Class "C" Concrete), Complete ii Place 75 Dollars and Cents per CY 200 LF Dollars and Cents per LF 28 EA Dollars and Cents per EA B -(5) s $ $ $ $ UNIT VALUE $ $ $ $ 33 34 35 36 ••• ITEM NO. 000 97 00225 APPROX. QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES WRH"rEN lN WORDS 750 LF Pavement-Concrete on 2!27 Concrete Base (STR--031) and _______________ Cents perLF 18 CY Class "C" Reinforced Concrete Columns & Pier Caps, Complete in Place and ______________ _ 24-Inch Drilled Shaft Piers {Class "C" Concrete), Complete in Place 75 CY Dollars and Cents per CY 200 LF Dollars and Cents per LF B - (5) • $ $ UNIT VALUE $ $ $ $ ., Unit II -Non-SRF Funded) NO. PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PlUO:s WRITrEN IN WORDS VALUE VALUE 1 00351 790 LF Pipc-Scwer-8 Ineh-SDR35 (All Depths) -Install :(b, rk'J E§bt Dollars .-=s~oo dJ ,____ and iJO -----Cents per LF $ $ .30 Wt). 2 00246 71 LF Pipe-Sewer-LO lnch-SDR35 (All Depths) -Install Fo<e-::J Tuo Dollars and ND Cents per LF $ l.j;)._OO . $~q8'.;?,oo 3 00350 20 LF Pipc-Scwcr-8 lnch-SDR26 (All Depths) -Install -rh i (+~ E~nt-Dollars and NO Cents 11erLF $ 3?:>_DO $ 7if)00 4 00213 6 EA Manhole-Std 4 Ft Dimn-(to 6 Ft Depth) -Install ,h ·1 (.b ~ t ~b-t-J+u Nd (Ptil EL{f+Dollnrs and1'J_Q _ Cents per EA s ~ R,&;f>. DD 'l:-' ~ I t:0 · {fl) 5 00214 11 VF Manhole-Std 4 Ft Diam-Added Depth (over 6 Ft Depth}· Install /Jb).f .Wt.:1A1 d Ncl s·i~±~ Dollars and Iv() Cents~F $ Jw.oo s / 7foO .()O 6 00198 6 EA Co!lar-Manhole-32 In ch-Frame & Cover -Install ,b,~e J,/.y;~('{d 't:,+ +'i Dollars 35o.ro ct> and A)Q Cen ts per EA s $~ /CO · --··-7 0020 6 2 EA Manhole-Remove -rz:;Q J..J YAl cl t\.Qd Dollars a11d NO Cents per EA $ c2oo.oo 4-co.oo $ 8 00217 6 EA Manhole-Vacuum Test -Sc1vices ON'L ~ ~ .N cl, I\.Q.d Dollars and 1'J0 Cents per EA Joo _oo LeCO ./JO > $ $ 9 00355 5 EA Sewer Scivicc-4 In ch Service Tap-Inst all --rb re.€... W LlNd ~r-l Dollars and N 0 Cents per EA $ :.31:;Q _oo ) ,50D.ot $ 10 00354 660 LF Sewer Scrvicc-4 Inch-Install :Ih \ <.h, '-{ F, J L Dollars and N 12 Cents per LF ~OD VD $ s d3, J CO- B -(6) <. 2 3 4 5 6 7 8 9 10 Unit II -Non-SRF Funded APPROX. QUANTITY DESCRIPTION O F ITEMS WITH BID PRICES WRITTEN IN WORDS 790 LF Pipe-Sewer-8 Inch-SDR35 (All Depth s)-Insta ll __________________ Do.liars and Cents rLF $ 71 LF Pipe-Sewer-IO Inch-SDR35 (All Depths) -Install _________________ Doll ars and 00350 LF Pipe-Sewer-8 Inch-SDR26 (All Depths)-Install and 002 13 Manhole-Std 4 Ft Diarn-(to 6 Ft Depth)-Install $ 00214 11 VF le-Std 4 Ft Diam-Added Depth (over 6 Ft Depth) $ 00196 6 EA Dollars and Cents rEA $ 00206 2 EA Manhole -Remove Dollars and Cents per EA $ 00217 6 EA Dollars and Cents per EA $ 00355 5 EA Inch Service Tap-Install Dollars $ 00354 660 and _____________ _ B -(6) UNIT VALUE 'K t' pl Q.,(!_~Q'\.. p--c , QJ cl<. 10.. LU'IA-- f'J o. / $ $ $ $ $ $ $ $ --To $-e.r-1 -ed a11:~ >J ~ . / NO. PAY APPROX. DE SCRJPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRI CES WIUTIEN IN WORDS VALUE VALU E 11 00361 1 EA Sewe r-Scrvice-6 In ch Se rvice Tap - Install -rn1QQ...H~~~ ~N Dollars and NO Cents per EA 3/D.oo .3/D.cD $ $ 12 00363 165 LF Scwer-Serv icc-6 lnch-SDR26 -In st all m, 1-b=f s; i ------Doll ars and ~o Cents per LF :3/_p.ob 5ftl.}O.CP $ $ 13 0035 6 10 EA Sewer Serv icc-4 lnch-2 Way Clean Out -Insta ll O,.;t. l:l u !'?id f-Qd Fi£ ~::-1 Dollars and NQ Cents per EA I ':)[).CD s 1.sco .00 $ 14 00 362 2 EA Sewcr-Scrvicc-6 Inch-2 Way Cle an Out . In stall -.- ) IAJO ~ U ,NQ~ ________ Dollars and NO Ce nts per EA $ c::200.cP $ 400 d) 15 00 372 881 LF Tre nch Safet y Sys tem 5 Foot Depth-Insta ll ~o Doll ars and NO Cents per LF ;:), DD s I. 7/o;)... oo s 16 00901 700 LF Pipe -Abandon (Grout with tlowa blc fill) E~bt ----Doll ars nnd ~o 4-·--··----·-·· Cen ts per LF "(.DD s 5frc0.oo $ 17 00 137 250 SY Grass -So d-Ins tall £~hr Do ll ars ~.oo $,;?,rxx/0 and l--)0 Ce nt s per SY s -18 00147 25 CY Topsoil -Install Sixtee n Doll ars and Fiftv Cen ts per CY S l 6.50 $412 .50 19 00 201 1 ,03 1 LF Inspection-Pos t Constructio n Clea ni ng & TV -Stu dy nti1L Dollars and F'i & l ::l Cents per LF I . 50 l.51h.50 $ $ 20 00202 850 LF Inspcc ti on-Prcco nstrnct ion Cleaning &l'V · Study --r;-,QO Doll ars and ~,JO -----···------·--Ce nts per LF ~.DD /, 700-0{) $ $ B -(7) ,--, f:<qJla i (d ~ per Oc/J t> Na. I PAY APPROX. DESCRIPTION OF ITEMS UNIT ITEM QUANTITY WITH BID PRICES WRITIEN IN WORDS VALUE 1 EA Sewer-Se~ Inch Service Tap -Install Dollars and Cents per EA $ 12 165 LF Sewer-Service-6 Inch-SDR26 -Install Dollars and Cents perLF $ 13 00356 Sewer Service-4 Inch-2 Way Clean Out -Install $ 14 00362 2 ewer-Service-6 lnch-2 Way Clean Out-Install $ $ 15 00372 881 LF Dollars and CentsperLF $ $ 16 00901 700 EA Dollars and Cents per SY $ s 17 00137 250 SY Grass-Sod-Install Dollars $ $ 18 00147 25 CY $16.50 $412 .50 19 00201 1,031 LF s 20 00202 Inspection-Preconstruction Cleaning & TV • Study and _______________ Cents perLF s $ B -(7) , NO. PAY APPROX. ITEM QUANTITY 21 00401 350 SF 22 00423 25 LF 23 00839 5 CY 24 00443 130 LF 25 00458 775 LF 26 00954 6 EA 27 00245 150 LF TOTAL .. DESCRIPTION OF ITEMS WITH BID PltlCES WRITTEN IN WORDS Driveway-Install hvc Dolla rs and .>JO Cent s per SF Curb & Gutter -Install --Tw~n±---J Dollars and ND Cents per LF Concrete-Type E -Install lFr-J Dollars aJld ND Cents pcrCY Pnvcment-2 Inch Min HMAC on 2/27 Concrete Base (STR -028) Tiifk'-l £1'9bt: Dollars andN L7 Cents per LI' Pavement-Concrete on 2/27 Concrete Base (STR-031) f;;(-b 'i --rw 0 Dollars and N O Cents 1>cr LF Manhole-Watc11ight Insert-Lock ing Stainless Steel-Install -rJ.i Y--~ J.} u rJ d l'\Od. Dollars and .. b./Q Cents per EA Pipe-Sewer-IO Inch-Other ·nian Open Cut {All Depths) -Install O~e_ H tu0o~d Dollars and NO Cents per LF B -(8) .. $ $ $ $ s $ $ $ _J_Y\ s~r-t----c.ct ~ ud d.v-ot~ No -L UNIT TOTAL VALUE VALUE 5 .00 D'D $ I ,7'5/)· c::o.co $ c::J<Y1 . OJ IQ .O D $ 5 0 .CD ~[.oo s '-/.. C/'-J D.a;, 4J..(:D $ ~5'59a J ~o.co s J 'f<l)O.oo 100.0° $ l~.CO,. OD l loL/ 1 D'6~. 0 0 22 23 24 25 26 PAY ITEM 00839 00443 00458 00954 APPROX. QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES wunn:N IN WORDS i 350 SF Driveway -Inst all __________________ Dollars and _______________ Cent s per SF 25 LF Curb & Gutter -In stall and ______________ _ Concrete-Type E -In stall 130 LF Dollars and Cents per LF 775 LF Dolla rs an d --------------Cents per LF 6 EA Doll ars and Cents per EA B -(8) $ $ $ $ $ $ UNIT VALUE $ $ $ $ $ $ 22 23 00839 24 00443 25 00458 APPROX. QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES WRITIEN IN WORDS 350 SF Driveway -Install Dollars and Cents per SF 25 LF Curl> & Gutter -Install Dollars and CentsperLF Concrete-Type E -Install Dollars 130 LF nt-2 Inch Min HMAC on 2/27 Concrete Base (STR-028) 775 LF B -(8) . -.. . I • , s s $ UNIT VALUE K~pl ct( cJ., ~r o.c{. ~ ~( 0 .1 $ $ $ BID SUMMARY Unit I (SRF Funded) Bid: MATERIAL INCORPORATED INTO THE PROJECT : ALL OTHER CHARGES: *TOTAL: Unit II (Non-SRF Funded) Bid: MATERIAL INCORPORATED INTO THE PROJECT : ALL OTHER CHARGES: *TOTAL: TOTAL AMOUNT BID (Units I + Unit II) $ --'-/_I '-f_()_f ....:....J __ oo $ --~----'-~-c)-()_Q_-__ $ __ J_lo_L/_,_i D_8__;_3_D_D ~ 50 $ __ °t::......::;~;___~-4-) -=-J _3 &-=-·- *This total must agree with the total figure shown in Proposal, TOTAL BIDTHIS UNIT in the bound contract. NOTE: ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACT IS TO BE FILLED OUT. B -(9) CITY APPROVED PRODUCT FOR * & ** *CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED Standard Spec. No. Size / E1 -31 4" through 30" E1-25 4" through 15" E1-27 4" through 15" E1-28 18" through 2r E100-2 18" through 48" Consult with "City of Fort Worth, Texas Standard Product List' to obta in the Generic/Trade Name and the Manufacturer for the pipes listed above . **CONTRACTOR SHALL SELECT PIPE ENLARGEMENT METHOD TO BE USED AND PROVIDE NAME OF CONTRACTOR FOR INSTALLATION: / PIM Method ;J4-1t ~, 1,.e a7 to-s-r Name of Subcontractor if applicable T.R.S . System Name of Subcontractor if applicable McConnell Method Name of Subcontractor if applicable Expanded System Name of Subcontractor if applicab le Failure to provide the information required above may result in rejection of bid as non-responsive . Only products listed above will be allowed for use in this project. Any substitutions shall result in reject ion of bid as non-responsive. B -(10) Within ten (10) days after acceptance of their Proposal , the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents , for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth , as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies 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 and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales , Excise and use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction are subject to State sales tax under House Bill 11 , enacted August 15 , 1991 . The successful bidder shall be required to complete the attached Statement of Materials and Other Charges Contractor at the time of executing the contract. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors , or employment agency in either furnishing or referring employee - applicants to the undersigned are not discriminated against as prohibited by terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400 . The Bidder agrees to begin construction within __1Lcalendar days after issue of the work order, and to complete the Unit I and Unit II combined contract within 150 calendar days after beginning construction as set forth in the written work order to be furn ished by the Owner. (Complete A or B below, as applicable) [ ] A. The principal place of business of our company is in the State of N s. Non-resident bidders in the State of , our principal place of business , are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in the State of , our principal place of business, are not required to underbid resident bidders . The principal place of business of our company or our parent company or majority owner is in the State of Texas. B -(11) Receipt is acknowledged of the following addenda: Addendum No. 1 / #, Addendum No.~~ AddendumNo .3~ ~ (SEAL) If Bidder is Corporation B -(12) Respectfully submitted; ~ Pues i de V\~ Title P o. ~ \5L\:L\'6 C'ov-k.,WQ~ :J)C Address - - -7- GENERAL CONDITIONS (Water Department) I ,, ' \ II - TABLE OF CONTENTS C1-1DEFINITIONS C1 -1.1 Definition of Terms C1-1.2 Contract Documents C1 -1.3 Notice to Bidders C1-1.4 Proposal C1 -1.5 Bidder C1-1.6 General Conditions C1-1.7 Special Conditions C1-1.8 · Specifications C1-1.9 Bond C1-1.10 Contract C1-1 .11 Plans C1-1.12 City C1-1.13 City Council C1-1.14 Mayor C1-1.15 City Manager C1-1.16 City Attorney C1-1.17 Director of Public Works C1-1.18 Director, City Water Department C1-1.19 Engineer C1-1.20 Contractor C1-1.21 Sureties C1-1 .22 The Work or Project C1-1.23 Working Day C1-1.24 Calendar Day C1-1.25 Legal Holiday C1-1.26 Abbreviations C1-1 .27 Change Order C1-1.28 Paved Streets and Alleys C1-1.29 Unpaved Streets and Alleys C1-1.30 City Streets C1-1.31 Roadway C1-1.32 Gravel Street PART C -GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 C1-1(1) C1-1(1) C1-1(2) C1-1(2) C1-1(2) C1-1 (2) C1-1(2) C1-1(2) C1-1(2) C1-1(3) C1-1 (3) C1-1(3) C1-1(3) C1-1(3) C1-1(3) C1-1(3) C1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1 (4) C1-1(4) C1-1(5) C1-1(6) . C1-1(6) C1-1(6) C1-1(6) C1-1(6) C1-1 (6) Page I of 4 G:\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -General Conditions TOC -Water.doc C2-21NTERPRETATION AND PREPARATION OF PROPOSAL C2 -2.1 Proposal Form C2 -2.2 Interpretation of Quantities C2 -2.3 Examination of Contract Documents and Site C2-2.4 Submitting of Proposal C2-2.5 Rejection of Proposals C2 -2.6 Bid Security C2-2.7 Delivery of Proposal C2-2.8 Withdrawing Proposals C2-2.9 Telegraphic Modification of Proposals C2-2.10 Public Opening of Proposal C2-2.11 Irregular Proposals C2-2 .12 Disqualification of Bidders C3-3AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3.2 Minority Business Enterprise Women-Owned Business Enterpr ise compliance C3-3.3 Equal Employment Provisions C3-3.4 Withdrawal of Proposals C3-3.5 Award of Contract C3-3.6 Return of Proposal Securities C3-3.7 Bonds C3 -3.8 Execution of Contract C3-3.9 Failure to Execute Contract C3 -3.10 Beginning Work C3-3 .11 Insurance C3-3 .12 Contractor's Obligations C3-3 .13 Weekly Payroll C3 -3.14 Contractor's Contract Administration C3-3 .15 Venue C4-4SCOPE OF WORK C4 -4.1 Intent of Contract Documents C4-4.2 Special Provisions C4-4.3 Increased or Decreased Quantities C4-4.4 Alteration of Contract Documents C4-4.5 Extra Work C4-4 6 Schedule of Operations C4-4:7 Progress Schedules for Water and Sewer Plant Facilities Page 2 of 4 G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -General Cond itions TOC -Water.doc C2-2(1) C2-2(1) 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(4) 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(3) C4-4(3) - _,., ... C5-5CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5.2 Conformity with Plans C5-5.3 Coordination of Contract Documents C5-5.4 Cooperation of Contractor C5-5.5 Emergency and/or Rectification Work C5 -5.6 Field office C5-5.7 Construction Stakes C5-5.8 Authority and Duties of Inspectors C5-5.9 Inspection C5-5.10 Removal of Defective and Unauthorized Work C5-5.11 Subst itute Materials or Equipment C5-5 .12 Samples and Tests of Materials C5-5.13 Storage of Materials C5-5.14 Existing Structures and Util ities C5-5.15 Interruption of Service C5-5 .16 Mutual Responsibility of Contractors C5-5 .17 Cleanup C5-5.18 Final Inspection C6-6LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6.2 Permits and Licenses C6-6.3 Patented Devices, Materials and Processes C6-6.4 Sanitary Provisions C6-6.5 Public Safety and Convenience C6-6.6 Priv ileges of Contractor in Streets , Alleys, and Right-of-Way C6-6.7 Railway Crossings C6-6.8 Barricades, Warnings and Watchmen C6-6.9 Use of Explosives , Drop Weight , etc . C6-6.10 Work Within Easements C6-6.11 Independent Contractor C6-6.12 Contractor's Responsibility for Damage Claims C6-6 .13 Contractor's Claim for-Damages C6-6.14 Adjustment of Relocation of Public Utilities , etc . C6-6 .15 Temporary Sewer Drain Connections C6-6 .16 Arrangement and Charges of Water Furnished by City C6-6 .17 Use of a Section of Portion of the Work C6-6.18 Contractor's Responsibility for Work C6-6 .19 No Waiver of Legal Rights C6-6.20 Personal Liability of Public Officials C6-6 .21 State Sales Tax P age 3 of 4 G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -General Conditions TOC -Water.doc C5-5(1) C5-5(1) C5-5(2) C5-5(2) C5-5(3) C5-5(3) C5-5(3) C5-5(3) C5-5(4) C5-5(4) C5-5(5) C5-5(5) C5-5(6) C5-5(6) C5-5(6) C5-5(7) CS-5(7) C5-5(8) C6-6(1) C6-6(1) C6-6(1) C6-6(1) C6-6(2) C6-6(3) C6-6(3) C6-6(3) C6-6(4) C6-6(5) C6-6(6) C6-6(6) C6-6(8) C6-6(8) C6-6(8) C6-6(8) C6-6(9) C6-6(9) C6-6(9) C6-6(9) C6-6(10) C7-7PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7.2 Assignment of Contract C7-7.3 Prosecution of the Work C7-7.4 Limitations of operations C7-7.5 Character of Workman and Equipment C7-7.6 Work Schedule C7-7.7 Time of Commencement and Completion C7-7.8 Extension of time of Completion C7-7.9 Delays C7-7 .10 Time of Completion C7-7 .11 Suspension by Court Order C7-7.12 Temporary Suspension C7-7.13 Termination of Contract due to National Emergency C7-7 .14 Suspension of Abandonment of the Work and Annulment of Contract C7-7.15 Fulfillment of Contract C7-7 .16 Termination for Convenience of the Owner C7-7.17 Safety Methods and Practices C8-8MEASUREMENT AND PAYMENT CS-8.1 Measurement of Quantities CB-8.2 Unit Prices CB-8.3 Lump Sum CB-8.4 Scope of Payment CB-8.5 Partial Estimates and Retainage CB-8.6 Withholding Payment CB-8.7 Final Acceptance CB-8.8 Final Payment CS-8.9 . Adequacy of Design CB-8 .10 General Guaranty CB-8.11 Subsidiary Work CB-8 .12 Miscellaneous Placement of Material CB-8.13 Record Documents Page 4 of 4 G:\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -General Conditions TOC -Water.doc C7-7(1) C7-7(1) C7-7(1) C7-7(2) C7-7(2) C7-7(3) C7-7(3) C7-7(3) C7-7(4) C7-7(4) C7-7(5) C7-7(5) C7-7(6) C7-7(6) C7-7(8) • C7-7(8) C7-7(11) CS-8(1) CS-8(1) CS-8(1) C8-8(1) C8-8(2) C8-8(2) C8-8(3) C8-8(3) C8-8(3) CS-8(4) C8-8(4) C8-8(4) C8-8(4) ... SECTION C1-1 DEFINITIONS PART C -GENERAL CONDITIONS C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows : C1-1 .2 CONTRACT DOCUMENTS : The Contract Documents are all of the written and drawn documents , such as specifications, bonds, addenda, plans , etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents . a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items : PART A-NOTICE TO BIDDERS PART B -PROPOSAL PART C -GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E-SPECIFICATIONS - PERMITS/EASEMENTS PART F -BONDS PART G-CONTRACT (Sample) (Sample) (CITY) (Developer) (Sample) (Sample) White White Canary Yellow Brown Green E1-White E2-Golden Rod E2A-Wh ite Blue White White b. SPECIAL CONTRACT DOCUMENTS : The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items : PART A-NOTICE TO BIDDERS (Advertisement) Same as above PART B -PROPOSAL (Bid) PART C-GENERAL CONDITIONS PART D-SPECIAL CONDITIONS PART E-SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS PART G-CONTRACT PART H -PLANS (Usually bound separately) C1-1 .3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders . C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which C l-I (1) G :\1 2 10\3642-32\PROJECT\Specifications\Speci fications 2008 Part 4\7 -C1-1.doc the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner , has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER : Any person , persons, firm, partnership , company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern . C1-1. 7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is 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 standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein . C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and faithful performance of the contract and include the following : a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS : The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were C l -I (2) G:\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 - C 1-1 .doc - - - - bound therein. C1-1.12 CITY: The City of Fort Worth , Texas , a municipal corporation , authorized and chartered under the Texas State statutes , acting by and through its governing body or its City Manager , each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager . The terms City and Owner are synonymous. C1-1 .13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C 1-1.14 MAYOR : The officially elected Mayor, or in his absence , the Mayor Pro tern of the City of Fort Worth, Texas . C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representat ive. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas , or his duly authorized representative . C1-1 .17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth , referred to in the Charter as the City Engineer, or his duly authorized representative. C 1-1.18 DI RECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas , or his duly authorized representative, assistant , or ag~nts . C1-1 .19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or , their duly authorized assistants, agents , engineers , inspectors, or superintendents , acting within the scope of the particular duties entrusted to them. C1-1 .20 CONTRACTOR: The person , persons , partnership, company, firm , association, or corporation , entering into a contract with the owner for the execution of the work , acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor , supplying labor and materials or only labor , for work at the site of the project. C1-1.21 SURETIES : The Corporate bodies, which are bound by such bonds, are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein . C1-1.22 THE WORK OR PROJECT : The completed work contemplated in and covered by the Contract Documents , including but not limited to the furnishing of all labor , materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 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 Cl -1 (3) G:\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C1 -1 ,doc 6:00 p.m., with exceptions as permitted in paragraph C?-7.6 . C1-1 .24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted . C1-1 .25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City emp loyees as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. New Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in Nov. Thanksgiving Friday Fourth Friday in November Christmas Day December 25 Such other days in lieu of holidays as the City Council may determ ine When one of the above named holidays or a special holiday is declared by the City Council , falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday , it shall be observed on the following Monday , by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1 .26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents , the intent and meaning shall be as follows : AASHTO -American Association of State Highway MGD Transportation Officials ASCE American Society of Civil Engineers CFS LAW In Accordance With Mono ASTM American Society of Testing Materials Min. AWWA -American Water Works Association % ASA American Standards Association I.D . HI Hydraulic Institute O.D. Asph . Asphalt Elev . Ave . Avenue F Blvd . Boulevard C Cl Cast Iron In . CL Center Line Ft. GI Galvanized Iron St. Lin . Linear or Lineal CY lb. Pound Yd . MH Manhole L.F. Max . Maximum 0.1. Cl-I (4) G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C1 -1 .doc -Million Gallons Per Day Cubic Foot Per Second -Monolithic Minimum Percentum Inside Diameter Outside Diameter Elevation Fahrenheit Centigrade Inch Foot Street Cubic Yard Yard Linear Foot Ductile Iron .... - ...... C 1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted . Increase in unit quantities stated in the proposal are not the subject matter of a Change order unless the increase or decrease is more than 25% of the amount of the part icular item or items in the original proposal. All "Change Orders" shall be prepared by the City from informat ion as necessary furnished by the Contractor . C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natura l unimproved surface: 1. 2. 3. 4. 5. Any type of asphaltic concrete with or without separate base material. Any type of asphalt surface treatment , not includiag an oiled surface , with or without separate base material. Brick, with or without separate base material. Concrete , with or without separate base material. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street , alley , roadway or other surface is any area except those defined above for "Paved Streets and Alleys ." C1-1 .30 CITY STREETS : A city street is defined as that area between the right-of-way lines as the street is dedicated. C1 -1.31 ROADWAY : The roadway is defined as the area between parallel lines two (2) feet back of the curb lines or four (4) feet back of the average edge of pavement where no curb exists . C1-1 .32 GRAVEL STREET : A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C l -I (S) G:\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C1 -1.doc ...... SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2 -2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested . The Proposal form will state the Bidder's general understanding of the project to be completed , provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the _ hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status . This statement must be current and not more than one (1) year old . In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification . Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which are to be received. The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid . C2-2 .2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furn ished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents . C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT : Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. C2-2 (1) G:\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C2-2 .doc Bidders are -required , prior to the filing of proposal , to read and become familiar with the Contract Documents , to visit the site of the project and examine carefully all local conditions , to inform themselves by their own independent research and investigat ions , 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 is prima-fac ie evidence that the bidder has made the investigations , examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed . 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 guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITIING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals, for which he proposes to do the work contemplated or furnish the materials required . All such prices shall be written legibly . In case of discrepancy between the price written in words and the price written in numerals , the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership , or by a person duly authorized . If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given , and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed . Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2 .5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for , conditional or uncalled for alternate bids , incomplete bids , erasures , or irregularities of any kind , or contain unbalance value of any items . Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a 'Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract , the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds . The bid security of the three lowest bidders will be retained until the contract is C2 -2 (2) G :\12 10\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C2-2 .doc ...... -. awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids . C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders . "It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope pla inly 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 City Manager, City Hall, Fort Worth , Texas . C2-2.8 WITHDRAWING PROPOSALS : Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration 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 wh ich 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 mod ify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further , that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening tinie . If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2 .10 PUBLIC OPENING OF PROPOSAL : Proposals which have been properly filed and for which no "Non- consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders ." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded . Bidders or their authorized representatives are invited to be present for the opening of bids . C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as 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 inte rest of the City . Tendering a proposal after the closing hour is an irregularity , which cannot be waived . C2-2.12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of, but not limited to , the following reason : a. Reasons for believing that collusion exists among bidders . b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated . c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim C2-2 (3) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C2-2 .doc ' ,.·. ,r" "'7 •, ' "','·., I , . r . ~ · ... ' . ' '" d. e. f. g. h. •" ,. against or be engaged in litigation against the bidder. The bidder being in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make . Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. 2. 3. Financial Statement showing the financial condition of the bidder as specified in Part "A"-Special Instructions. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. I ' ' '• \. ' ' . . ' .. ~ -,\ ~ · f. . ' C2-2 (4) G:\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C2-2 .doc ' ·' . .\ .. ' , . ~. ? ' ' PART C -GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS : C3-3 .1 CONSIDERATION OF PROPOSALS : After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid . - Until the award of the contract is made by the owner , the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3 .2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE : Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor . Contractor further agrees, upon request by owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements ; further, any such misrepresentation may be grounds for disqualification of Contractor at owner's discretion for bidding on future Contracts with the owner for a period of time of not less than six (6) months . C3-3 .3 EQUAL EMPLOYMENT PROVISIONS : The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices . The Contractor shall post the required notice to that effect on the project site , and , at his request , will be provided assistance by the City of Fort Worth's Equal Employment officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened . C3-3.5 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 responsib ility of the proposed awardee . C3 -3 (I ) G :\12 10\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C3-3.doc The award of the contract, if an award is made , will be to the lowest and best responsible bidder . The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award . C3-3 .6 RETURN OF PROPOSAL SECURITIES : As soon as proposed price totals have been determined for comparison of bids, the owner may , at its discretion, return the proposal security which accompanied the proposals which, in its judgment , would not be considered for the award. All other proposal securities, usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary . C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, th~ following bonds: a. PERFORMANCE BOND : A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or 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. b. MAINTENANCE BOND: A good and sufficient maintenance bond , in the amount of not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND : A good and sufficient payment bond , in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas , 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made . d. OTHER BONDS : Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the owner and shall be executed by an approved surety company doing business in the City of Fort Worth , Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable suret ies , and the amount of bond written by any C3 -3 (2) G :\1210\3642 -32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C3 -3 .doc .. --. .... one acceptable company shall not exceed the amount shown on the Treasury list for that company . Each bond shall be properly execu ted by both the Contr~tor and Surety Company . Should any surety on the contract be determined unsatisfactory at any time by the owner , notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties , as required, have qualified and have been accepted by the owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the owner. C3-3 .8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has 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 . No contract shall be binding upon the owner until it has been attested by the City Secretary , approved as to form and legality by the City Attorney, and executed for th-e Owner by either the Mayor or City Manager. C3-3 .9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the owner may 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 fa ilure 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 (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the owner the sub-contractors' certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors . It is the intention of the Owner that the insurance · coverage required herein shall include the coverage of all sub-contractors . a. COMPENSATION INSURANCE : The Contractor shall maintain, during the life of this contract , 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 C3 -3 (3) G :\1210\3642-32\PROJECnSpecifications\Specific at ions 2008 Part 4\7 -C3-3 .doc 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. Contingent Liability (covers General Contractor's Liability for acts of sub- contractors). 2. Blasting , prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). 4. Damage to underground utilities for $500,000. 5. Builder's risk (where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requ irements of Contract). d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. C3-3 (4) G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C3-3 .doc f. PROOF OF CARRIAGE OF INSURANCE: The Con tractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. (Sample attached .) All insurance requirements made upon the Contractor shall apply to the sub -contractor , should the Prime Contractor's insurance not cover the sub-contractor's work operations . g. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bonding companies with whom the Contractor's insurance and performance , payment , maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth , Tarrant County , Texas. Each such agent shall be a duly qualified , one upon whom service of process may be had , and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant , any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance , and/or bonding company. If the local _insurance representative is not so empowered by the insurance or bonding companies , then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance . C3 -3.12 CONTRACTORS OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due . C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period . A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3 -3.14 CONTRACTORS CONTRACT ADMINISTRATION: Any Contractor, whether a person , persons , partnership , company , firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area . The Contractor shall charge , delegate , or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures , all claims against the work or any other matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. 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 local authority shall be made in wri ting to the Engineer in CJ -3 (5) G :\1210\3642-32\PROJECnSpeci ficat ions\Specifications 2008 Part 4\7 -C3-3 .doc ' ... advance of any work on the project , all appropriately signed and sealed, as applicable , by the Contractor's responsible officers with the understanding that this written assignment of authority to a local repr.esentative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work , or other, be governed direct by local authority . This same requirement is imposed on insurance and surety coverage . Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may , at his sole discretion , stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason . C3-3.15 VENUE : Venue of any act ion hereinunder shall be exclusively in Tarrant County, Texas. I C3-3 (6) G :\ 1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C3-3 .doc - -· PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 .1 INTENT OF CONTRACT DOCUMENTS : It is the definite intention of these Contract Documents to provide for a complete , useful project which the Contractor undertakes to construct or furnish , all in full compliance with the requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents , shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4 .2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated , or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiv ing bids or proposals for such work and furnished to the Bidder in the form of Addenda . All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein . C4-4.3 INCREASED OR DECREASED QUANTITIES : The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary , and the Contractor shall perform the work as altered, increased or decreased at the unit pr ices . Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories . C4-4.4 AL TERA TION OF CONTRACT DOCUMENTS: By Change Order, 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 , C4-4 (I ) G:\1210\3642-32\PROJEC1\Specificalions\Specificalions 2008 Part 4\7 -C4-4.doc 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 fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit , general and all other expense not included in ( 1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills , vouchers, and records relating to the Extra Work . No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties . No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation , he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work . Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and cert ified payrolls covering all labor and materials expended upon the said Extra Work . The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for 'extra work ' whether or not initiated by a 'change order' shall be a full , complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known , unknown, foreseen or unforeseen at that time, including without limitation, any C4 -4 (2) G :\1210\3642-32\PROJECnSpecifications \Specifications 2008 Part 4\7 -C4-4.doc - costs for delay, extended overhead , ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work . C4-4 .6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the owner and receive the owner'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 shall be also showr:i 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- 1/2" x 11" sheets and at least five black or 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 Contractorshall 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 shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. 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 conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. c. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. C4-4 (3) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C4-4 .doc 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 activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. · For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and pre-acceptance activities 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 . 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 work shifts or the overtime operations without additional cost to the Owner . Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified . C4 -4 (4) G :\12 10\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C4-4.doc PART C -GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5 .1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work , overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract , compensation , mutual rights between Contractor and Owner under these Contract Documents , supervision of the work, resumption of operations , and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determ ine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly . In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades , cross- sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the owner by Change order. \ C5-5.3 COORDINATION OF CONTRACT DOCUMENTS : The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications , special conditions shall govern over general conditions and standard specificati ons , 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. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. C5-5 (1) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C5-5 .doc The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall- cooperate with the Engineer , his inspector , and other Contractors in every possible way . The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work . Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the owner , the Engineer, or his authorized representatives .· Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent , to act as the Contractor's agent on the work . Such assistant project superintendent shall be a resident of Tarrant County , Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing . The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5 -5.5 EMERGENCY AND/OR RECTIFICATION WORK : When , in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative , shall respond with dispatch to a verbal request made by the 0wner or Engineer to alleviate the emergency condition . Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action , within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation , an adequate field office for use of the Engineer, if specifically called for . The field office shall be not less than 10 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. C5-5.7 CONSTRUCTION STAKES : The City , through its Engineer, will furnish the Contractor with all lines, grades , and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents , and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice . These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay . Such stakes or markings as may CS-5 (2) G :\1210\3642-32\PROJECT\Specifications\Specifi cations 2008 Part 4\7 -CS-5 .doc be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them . Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed , disturbed , or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor , and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS : City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed . A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents . In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work , the City Inspector will have 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 for the Contractor, or interfere with the management or operation of the work . He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents , provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work , remove or uncover such portion of the finished work as may be directed . After examination, the Contractor shall restore said portions of the work to the standard required by the Contract-Documents . Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work , but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense . No work shall be done or materials used without suitable supervision or inspection . C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense . Work done beyond the lines and grades given or as shown on the plans , except as herein specifically provided, or any Extra Work done without written authority , will be considered as unauthorized and C5-5 (3) G :\1210\3642-32\PROJECnspecifications\Specifications 2008 Part 4\7 -C5 -5 .doc done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense . Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph , the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed , and the cost thereof may be deducted from any money due or to become due to the Contractor . Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5 .11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications , law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal 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 certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the 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 ordered or installed without such performance guarantee and bonds as owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5 .12 SAMPLES AND TESTS OR MATERIALS : Where , in the opinion, or as 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 for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates , design minimum , and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed , and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents . Tests shall be made at least 9 days prior to the placing of concrete , using samples from the same aggregate, cement, and mortar which are to be used later in the concrete . Should the source of supply change, new tests shall be made prior to the use of the new materials . C5-5 .13 STORAGE OF MATERIALS : All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard , clean durable surfaces and not on the ground , and shall be placed under cover when directed . Stored materials shall be placed and located so as to facilitate prompt inspection . C5 -5 (4) G :\1210\3642-32\PROJECT\Specifi cations\Specifications 2008 Part 4\7 -C5-5 .doc C5-5 .14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. O[!lission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities . The location of many gas mains , water mains, conduits , sewer lines and service lines for all utilities , etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location . It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever , unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents , in which case the provision in these Contract Documents for Extra Work shall apply . It shall be the Contractors 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 existing utilities , structures and service lines shall include notification of all utility companies at least , forty eight (48) hours in advance of construction including exploratory excavation if necessary . All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary , the Contractor, at least 24 hours in advance , shall be required to: 1. Notify the Water Department's Distribution Division as to location , time, and schedule of service interruption . 2. Notify each customer personally through responsible personnel as to 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 in composition , and in large bold type shall say : "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on between the hours of and . This inconvenience will be -------- as short as possible . Thank you, Contractor Address Phone C5-5 (5) G :\1210\3642-32\PROJECT\Specifications\Specificalions 2008 Part 4\7 -C5-5 .doc b. Emergency : In the event that an unforeseen service interruption occurs , notice shall be as above , but immediate . C5-5 .16 MUTUAL RESPONSIBILITY OF CONTRACTORS : If, through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration . If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained , the owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim . CS-5.17 CLEAN-UP : Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action , plus 25% of such costs , shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents , and before final acceptance and final payment will be made , the Contractor shall clean and remove from the site of the project all surplus and discarded materials , temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright , clean , pol ished and new appearing condition . No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5 .18 FINAL INSPECTION : Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed , the Engineer will notify the proper officials of the owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification . After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (6) G:\1210\3642-32\PROJECnSpecificati ons\Specificalions 2008 Part 4 \7 -C5-5 .doc SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED : The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations , and shall observe and comply with all orders , laws, ordinances and regulations which exist or which may be enacted later by bodies having jur isdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered . The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents , and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. - C6-6 .2 PERMITS AND LICENSES : The Contractor shall procure all permits and licenses , pay all charges , costs and fees , and give all notices necessary and incident to the due and lawful prosecution of the work . C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES : If the Contractor is required or desires to use any design , device , material , or process covered by letter, patent, or copyright , he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design . It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade-marks, 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 trade-mark or copy right in connection with the work agreed to be performed under these Contract Documents , and shall indemnify the owner for any cost, expense , or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided , however, that the owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construc tion or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the City shall be strictly complied with. Contractor. All such facilities shall be kept in a clean and sanitary condition , free from objectionable odors so as not to cause a nuisance . All sanitary laws and regulations of the State of Texas . C6-6 (1) G :\1210\3642 -3 2\PROJECT\Specifications\Specifi ca ti ons 2008 Part 4\7 -C6-6 .doc C6-6 .5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all ti mes be so conducted , as to cause no greater obstruct ion or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including , but not limited to , safe and convenient ingress and egress to property contiguous to the work area . The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations , at all driveway crossings . Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate . Such other means may include the divers ion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, 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 diversion of traffic . Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves , or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention , after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice , and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due-or to become due to the Contractor. The Contractor , after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible , and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when 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 ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings . The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work . Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the owner in settlement of such claims . The Contractor shall file with the Engineer a written statement showing all such claims adjusted . C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS , AND RIGHT-OF-WAY : For the performance of the contract , the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents , or as may be specifically authorized in writing by the Engineer . A C6-6 (2) G :\1210\3642-32 \PROJECnSpecifications\Specifications 2008 Part 4\7 -C6-6 .doc reasonable amount of tools, materials , and equipment for construction purposes may be stored in such space, but no more than is necessary to avo id delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property . If the street is occupied by railway tracks, the work shall be carried on in such manner as not to interfere with the operation of trains , loading or un loading of cars , etc. Other contractors of the Owner may, for all purposes required by the contract , enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work . Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense . C6-6.7 RAILWAY CROSSINGS : When the work encroaches upon any right-of-way on 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 as to 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 intentions 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 , shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, 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 . All installations and procedures shall be consistent with the provisions set forth in the 111980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways ' issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos . 27, 29 , 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign, which has been erected by the City . If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works department , Signs and Markings Division 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 re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed . C6-6 (3) G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C6 -6 .doc The Contractor will be held responsib le for all damage to the work or the public due to failure of barricades , signs , fences, lights, 9r watchmen to protect them . Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense . The Contractor's responsibility for the maintenance of barricades , signs , fences and lights, and for providing watchmen shall not cease unt il 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 during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC .: Should the Contractor elect to use explosives, drop weighs, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property . The Contractor shall notify the proper representative of any public service corporation, any company, individual , or utility , and the owner , not less than twenty-four hours in advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work . Where the use of explosives is to be permitted on the project , as specified in the Special Contract Documents, or the use of explosives is requested , the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives . All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim . The use of exp losives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed . Whenever explosives are stored or kept , they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times . All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes . C6-6 .10 WORK WITHIN EASEMENTS: Where the work passes over , through , or into private property, the Owner will prov ide such right-of-way or easement privileges, as the City may deem necessary for the prosecution of the work . Any additional rights-of-way or work area cons idered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer . Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project C6-6 (4) G :\1210\3642-32\PROJECnSpecifications \Specifi cations 2008 Part 4\7 -C6-6 .doc 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 , 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 applicable to both public and private utility companies or any corporation, company , individual, or other, either as owners or occupants , whose land or interest in land might be affected by the work . The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission , neglect , or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of 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 repa iring, 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 . All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon comple tion of this project. When wire fencing , either wire mesh or barbed wire is to be crossed, the Contractor shall set eross 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, rebuild , or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due 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 deta ils of all the work and services performed hereunder, and all persons performing same , and shall be solely responsible for the acts and om issions of it's officers , agents , servants, employees , contractors , subcontractors , licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers , agents , employees , contractors and subcontractors , and C6 -6 (5) G :\1210\3642-32\PROJECT\Specifications\Specificat ions 2008 Part 4\7 -C6-6.doc nothing herein shall be construed as creating a partnership or joint enterprise between owner and Contractor . C6-6 .12 CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS : Contractor covenants and agrees to, and does hereby indemnify , hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of owner , it's officers, agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereun·der by Contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, in whole or in part, by alleged negligence of officers , agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved , or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed . C6-6 (6) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C6-6 .doc If condition (1) above is met at any time within the six-month period , the Director shall recommend that the final payment to the Contractor be made . If condition (2) above is met at any time within the six-month period, the Director may recommend that the final payment to the Contractor be made. At the expiration of the six-month period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may , if he deems it appropriate , refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6 .13 CONTRACTORS CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the owner, he shall within three days after the actual sustaining of such alleged damage , make a written statement to the Engineer, setting out in detail the nature of the alleged damage , and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and , upon request , shall give the Engineer access to all books of account, receipts, vouchers, bills of lading , and other books or papers containing any evidence as to the amount of such alleged damage. Unless suqh statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC .: In case it is necessary to change , move , or alter in any manner the property of a public utility or others , the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or rep.airs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall , at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall prov ide and maintain, at his own cost and expense , adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be 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 City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. C6-6 (7) G :\1210\3642-32\PROJECTISpecificat ions\Specifications 200 8 Part 4\7 -C6-6 .doc The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents . When meters are used to measure the water, the charges, if any , for water will be 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 of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on th~ part of the Contractor, shall be performed by the Contractor at his own expense . C6-6.18 CONTRACTORS RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair , restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach . The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they 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 the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued 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. C6-6 (8) G :\1210\3642 -32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C6-6 .doc On a contract awarded by a developer for the construction of a publ icly-owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth , an organizatfu n which qualifies for exemption pursuant to the provisions of Article 20 .04 (H) of the Texas limited Sales , Excise , and Use Tax Act , the Contractor can probably be exempted in the same manner stated above . Limited Sale, Excise and Use Tax permits and information can be obtained from : Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 (9) G :\1210\3642-32\PROJECnSpecifi cations\Specifi cations 2008 Part 4\7 -C6-6 .doc SECTION C?-7 PROSECUTION AND PROGRESS : PART C -GENERAL CONDITIONS C?-7 PROSECUTION AND PROGRESS C?-7 .1 SUBLETTING: The Contractor shall perform with his own organization and with the assistance of workman under his immediate superintendence, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Cont ract Documents . All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency . The Owner will not recognize any subcontractor on the work . The Contractor shall at all times when the work is in operation, be represented either in person or by a superintendent or other designated representatives. -Cl-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights , title , or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey , or otherwise dispose of the contract or his right, title , or interest therein or any part thereof, to any person or persons , partnership, company, firm , or. corporation, or does by bankruptcy voluntary o_r involuntary , or by assignment under the insolvency laws of any state , attempt to dispose of the contract may, at the option of the owner be revoked and annulled , unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C?-7.3 PROSECUTION OF THE WORK : Prior to beginning any construction operation , the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time . There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period . The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a cont inuous 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 sequenc ing 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. C7-7 (1) G:\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C7 -7 .doc The contract time may-be changed only as set forth in Section C7-7 ."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 so as to create a minimum amount of inconvenience to the public . At any time when , in the judgment of the Engineer, the Contractor has obstructed or closed or is ca rrying 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. C?-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor as available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators , may be imported only after the local supply is exhausted . The Contractor shall employ only such superintendents, foremen, and workmen who are careful , competent , and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest , or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill;-ability , and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties . The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient work ing condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use . C7-7.6 WORK SCHEDULE : Elapsed working days shall be computed starting with the first day of work completed as defined in Cl-1 .23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday , Sunday or Legal Holidays , providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the proceeding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be , in the opinion of the Engineer, essential to the timely completion of the project. C7-7 (2) G :\1210\3642-32\PROJECnSpecifications \Specificati ons 2008 Part 4\7 .. C7 -7.doc The Engineer's decision shall be final in response to such a request for approva l to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday , Sunday or Legal Holiday . Calendar Days shall be defined in Cl-1.24 and the Contractor may work, as he so desires . C7-7 .7TIME OF COMMENCEMENT AND COMPLETION : The Contractor shall commence the work specified in the Contract (within the time set forth in the Work Order). Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the owner. C7-7.8 EXTENSION OF TIME COMPLETION : The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred . Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner , fire, flood, tornadoes, epidemics , quarantine restrictions , 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 bonafide attempt to secure delivery on schedule . This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery . If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents , then the contract time may be increased by Change order. C7-7.9 DELAYS : The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any , which is to be furnished by the City . When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval ; and the action thereon by the Council shall be final and binding . If delay is caused by specific orders given by the Engineers to stop work , or by the performance of extra work , or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time , his application for which shall , however, be subject to the approval of the City Council ; and no such C7-7 (3) G :\1210\3642-32\PROJECnSpecificat ions\Specificat ions 2008 Part 4\7 -C7-7 .doc extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C?-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 syndicated shall be realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract, Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following 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 Less than $5,000 inclusive $35.00 $5,001 to $15,000 inclusive $45.00 $15,001 to $25,000 inclusive $63.00 $25,001 to $50,000 inclusive $105.00 $50,001 to $100,000 inclusive $154.00 $100,001 to $500,000 inclusive $210.00 $500,001 to $1,000,000 inclusive $315.00 $1,000,001 to $2,000,000 inclusive $420.00 $2 ,000,001 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 incapable or very difficult of accurate estimation, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay . C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible . C?-7 .12 TEMPORARY SUSPENSION : The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work C7 -7 (4) G:\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C7-7 .doc covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipm_ent and/or construction crews . If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work , and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be _ based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations . C?-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever , because of National Emergency, so declared by the President of the United States or other lawful authority , it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable . If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, 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 Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement , which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C?-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: C7-7 (5) G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -C7-7 .doc a. Failure of the Contractor to commence work operations within the time specified in the work Order issued by the Owner. b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. c. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations . d. Substantial evidence that the Contractor has become insolvent or bankrupt , or otherwise financially unable to carry on the work satisfactorily. e. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or owAer provided for in these Contract Documents . f. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. g. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. h. 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. i. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. j. 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 option , assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written consent of the Owner, sublet the work or that portion of the work as taken over , provided however, that the Sureties shall exercise their option , if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties , in such event shall assume the Contractor's place in all respects , and shall be paid by the owner for all work performed by them in accordance with the terms of the Contract Documents . All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses , subject to all of the terms of the Contract Documents. In case the Sureties do not , within the hereinabove specified time , exercise their right and option to assume the contract responsibilities , or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete , by contract or otherwise , as it may determ ine, the work C7-7 (6) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C7-7.doc - - herein described or such part thereof as it may deem necessary , and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants , tools , equipment, su_pplies , and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment , materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials , tools , equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof . The owner shall not be required to obtain the lowest bid for the work completing the contract , but the expense to be deducted shall be the actual cost of the owner of such work . In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due . When any particular part of the work is being carried on by the Owner by contract or otherw ise under the provisions of this section, the Contractor _ shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with performance of the work by the owner. C?-7 .15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed , the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C?-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 effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective . Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner . Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated ; and no proof in any claim , demand or suit shall be required of the Owner regarding such discretionary action . B. CONTRACTOR ACTION: After receipt of a notice of termination , and except as otherwise directed by the Engineer, the Contractor shall : 1. Stop work under the contract on the date and to the extent specified in the notice of termination ; 2. place no further orders or subcontracts for materials , services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; C7-7 (7) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C7 -7 .doc C. 3. terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially completed plans , drawings, information and other property which , if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer . Not later than 15 days thereafter, the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. 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. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided , that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated . The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed C?-7 (8) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C?-7.doc to limit, restr ict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph . E. FAILURE TO AGREE : In the event of the failure of the Contractor and the Owner to agree as provided in C?-7 . 16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine , on the basis of information available to it , the amount , if any , due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS : In arriving at the amount due the contractor under this section , there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for , or the proceeds of sale of, any materials, supplies or other things kept by the -Contractor or sold , pursuant to the provisions of this _ clause , and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT : If the termination hereunder be partial, prior to the settlement otthe terminated portion of this contract , the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not conta in an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing conta ined in this section shall limit or alter the rights which the Owner may have for termination of this contract under C?-7 .14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C?-7 .17 SAFETY METHODS AND PRACTICES : The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal , state, and local laws , ord inances , and regulations so as to protect person and property from injury, including death, or damage in connection with the work . C7-7 (9) G :\1210\3642-32\PROJECT\Specifi cations\Specificati ons 2008 Part 4\7 -C7-7 .doc SECTION CB-8 MEASUREMENT AND PAYMENT PART C-GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES : The determination of quantities of work performed by the contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed . C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances _ necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead expense, bond, insurance, patent fees, royalties, risk due to elements and other causes, delays , profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM : When in the Proposal a "Lump Sum " is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery , equipment, appurtenances , and shall subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor , tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner , (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosection of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations , and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense an 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 it appurtenances , or any damage due or attributed to such defects, which defects , imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty C8-8 (1) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C8-8 .doc period after final acceptance. The Owner shall be the sole judge of such defects , imperfections , or damage, ancl the Contractor shall be liable to the Owner for fa ilure to correct the same as provided herein. CB-8.5 PARTIAL ESTIMATE 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 Eng ineer 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 will be paid to the Contractor if the total contract amount is less than $400 ,000 , or 95% of such estimate sum will be paid to the Contractor if the total contract amount is $400 ,000 or greater within twenty-five (25) days after the regular estimate period . The City will have the opt ion of preparing estimates on forms furnished by the City . The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed . (Such payment will be allowed on a basfa of 85% of the net invoice value thereof .) The Contractor shall furnish the Engineer such information as he may request aid him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only , and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate , and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of the quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. CB-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the contracts . CB-8 .7 FINAL ACCEPTANCE : Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Document shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection . The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable, condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in CB-8 .8 below . CB-8.8 FINAL PAYMENT: Whenever all improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as necessary measurements , computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. CB-8 (2) G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\7 -CB -8.doc .- The amount of the final estimate , less previous payments and any sum that have been deducted or retained _ under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council , provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit , as furnished by the City , certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid , and that there are no claims pending for personal injury and/or damages . The acceptance by the Contractor of the last or final payment is aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or furnished or relating to the work under Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other · requirements of the -Contract Documents which specifically continue thereafter. CB-8.9 ADEQUACY OF DESIGN : It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Document and all modifications of the approved Contract Documents. It is , therefore , agreed that the owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project , provided the Contractor has complied with the requirements of the said Contract Documents , all approved mod ifications, 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 . CB-8.10 GENERAL GUARANTY: Ne ither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship . The Contractor shall remedy any defects or damages in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one full year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outline . The Owner will give notice of observed defects with reasonable promptness. CB-8 .11 SUBSIDIARY WORK : Any and all work specifically governed by documentary requirements for the project. such as conditions imposed by the Plans , the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal , shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal , for each bid item. Surface restoration , rock excavation and cleanup are general items of work which fall in the category of subsidiary work . CB-8 (3) G:\1210\3642-32\PROJECT\Speci fications\Specifications 2008 Part 4\7 -C8-8 .doc . ' CB-8 .12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth ( 1/10) 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 . C8-8 (4) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\7 -C8-8 .doc ' . -8- SUPPLEMENTARY CONDITIONS TO PART C GENERAL CONDITIONS (Water Department) SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C -GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the ·partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C -General Conditions: Paragraph C3-3.l 1 of the General Conditions is deleted and replaced with D-3 of Part D -Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Page I of 8 Revised 10/24/02 G:\ 1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\8 -Suppleme,:itary Conditions to Part C -Section C1 .doc 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 injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising ·from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C-General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. Page 2 of 8 Revised 10/24/02 G:\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\8 -Supplementary Conditions to Part C -Section C1 .doc G. C3-3 .11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL INSURANC E 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 prQvide 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 . Page 3 of 8 Revised 10/24/02 G :1121013642-32\PROJECT\Specifications\Specifications 2008 Part 4\8 -Supplementary Conditions to Part C -Section C1 .doc H. 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein . m. Upon the request of City , Contractor shall provide complete copies of all insurance policies required by these contract documents. C8-8.4 SCOPE OF PAYMENT : Delete C8-8.4 , Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools , materials, aJ?,d incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which· may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified , or any and all infringements of patents, trademarks, copyrights , or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances , or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage , and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract Page 4 of 8 Revised 10/24/02 G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\8 -Supplementary Conditions to Part C -Section C1 .doc - liiiit - which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: K. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered . The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals . After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2 .9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: Page 5 of 8 Revised 10/24/02 G:\ 1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\8 -Supplementary Conditions to Part C -Section C1 .doc 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: 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 re insurer 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.l 1 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.l l 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 shaJl 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: Page 6 of 8 Revised 10/24/02 G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\8 -Supplementary Conditions to Part C -Section C1 .doc - 1. 50 copies and under -10 cents per page 2, More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter M. SITEPREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6 . l O 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. Page 7 of 8 Revised 10/24/02 G :\ 1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\8 -Supplementary Conditions to Part C -Section C 1.doc 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 with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. -The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02) pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above . ( d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. P age 8 of 8 Revised 10/24/02 G:\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\8 -Supplementary Conditions to Part C -Section C1 .doc - - -9- SPECIAL CONDITIONS (Water Department) D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-35 D-36 D-37 D-38 D-39 D-40 D-41 D-42 D-43 D-44 D-45 D-46 D-47 D-48 D-49 03/12109 PART D -SPECtAL CONDITIONS GENERAL ..................................................................................................................... 3 COORDINATION MEETING ......................................................................................... 5 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ................ 5 COORDINATION WITH FORT WORTH WATER DEPARTMENT ................................ 7 CROSSING OF EXISTING UTILITIES .......................................................................... 7 EXISTING UTILITIES AND IMPROVEMENTS .............................................................. 8 CONSTRUCTION TRAFFIC OVER PIPELINES ........................................................... 8 TRAFFIC CONTROL ..................................................................................................... 9 DETOURS ................................................................................................................... 10 EXAMINATION OF SITE ............................................. : ............................................... 10 ZONING COMPLIANCE .............................................................................................. 10 WATER FOR CONSTRUCTION .................................................................................. 10 WASTE MATERIAL ..................................................................................................... 10 PROJECT CLEANUP AND FINAL ACCEPTANCE ...................................................... 10 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK ................................. 11 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ............................ 11 BID QUANTITIES ........................................................................................................ 11 CUTTING OF CONCRETE .......................................................................................... 12 PROJECT DESIGNATION SIGN ................................................................................. 12 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT. ..................................... 12 MISCELLANEOUS PLACEMENT OF MATERIAL. ....................................................... 12 CRUSHED LIMESTONE BACKFILL ............................................................................ 13 2 :27 CONCRETE ......................................................................................................... 13 TRENCH EXCAVATION, BACKFILL, AND COMPACTION ......................................... 13 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS ............ 14 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) ................ 15 SANITARY SEWER MANHOLES ................................................................................ 16 SANITARY SEWER SERVICES .................................................................................. 19 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES ................ 20 DETECTABLE WARNING TAPES ............................................................................... 23 PIPE CLEANING ......................................................................................................... 23 DISPOSAL OF SPOIL/FILL MATERIAL ....................................................................... 23 MECHANICS AND MATERIALMEN'S LIEN ................................................................. 23 SUBSTITUTIONS ........................................................................................................ 23 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............ 24 VACUUM TESTING OF SANITARY SEWER MANHOLES .......................................... 27 BYPASS PUMPING ..................................................................................................... 28 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER .......... 28 SAMPLES AND QUALITY CONTROL TESTING ......................................................... 30 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................................................ 31 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ........................ 32 PROTECTION OF TREES, PLANTS AND SOIL ......................................................... 32 SITE RESTORATION .................................................................................................. 32 CITY OF FORT WORTH STANDARD PRODUCT LIST .............................................. 33 TOPSOIL, SODDING, SEEDING & HYDROMULCHING ............................................. 33 CONFINED SPACE ENTRY PROGRAM ..................................................................... 38 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION ............................ 39 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ...................... 39 CONCRETE ENCASEMENT OF SEWER PIPE ......................................................... .40 SC-1 D-50 D-51 D-52 52.1 52 .2 52.3 52.4 52 .5 52 .6 52 .7 52 .8 52.9 52 .10 52.11 52.12 D-53 D-54 D-55 D-56 D-57 D-58 D-59 D-60 D-61 D-62 D-63 D-64 D-65 D-66 D-67 D-68 D-69 D-70 D-71 D-72 D-73 D-74 03/12109 PART D -SPECIAL CONDITIONS CLAY DAM ................................................................................................................... 40 EXPLORATORY EXCAVATION (D-HOLE) ................................................................. 40 INSTALLATION OF WATER FACILITIES .................................................................... 40 Polyvinyl Chloride (PVC) Water Pipe ........................................................................... 40 Blocking ....................................................................................................................... 41 Type of Casing Pipe ..................................................................................................... 41 Tie-lns .......................................................................................................................... 41 Connection of Existing Mains ...................................................................................... .41 Valve Cut-Ins ............................................................................................................... 42 Water Services ............................................................................................................ 42 2-lnch Temporary Service Line .................................................................................... 44 Purging and Sterilization of Water Lines ...................................................................... 45 Work Near Pressure Plane Boundaries ....................................................................... 45 Water Sample Station .................................................................................................. 46 Ductile Iron and Gray Iron Fittings ................................................................................ 46 SPRINKLING FOR DUST CONTROL. ......................................................................... 47 DEWATERING ............................................................................................................ 47 TRENCH EXCAVATION ON DEEP TRENCHES ............................................. , .......... .47 TREE PRUNING .......................................................................................................... 47 TREE REMOVAL ......................................................................................................... 48 TEST HOLES ........................................................................................... , .................. 48 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION ........................................................................................................ 49 TRAFFIC BUTTONS .................................................................................................... 49 SANITARY SEWER SERVICE CLEANOUTS .............................................................. 50 TEMPORARY PAVEMENT REPAIR ............................................................................ 50 CONSTRUCTION STAKES ......................................................................................... 50 EASEMENTS AND PERMITS ...................................................................................... 50 PRE-CONSTRUCTION NEIGHBORHOOD MEETING ................................................ 51 WAGE RATES ................... : ......................................................................................... 51 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ..................................... 53 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) ............................................................................................................ 53 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS .................................................................................... 55 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ............................................ 56 EARLY WARNING SYSTEM FOR CONSTRUCTION ................................................. 56 AIR POLLUTION WATCH DAYS ................................................................................ 57 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ..................................... 57 STATE REVOLVING FUND (SRF) REQUIREMENTS ................................................ 64 SC-2 PART D -SPECIAL CONDITIONS This Part D -Special Conditions is complimentary to Part C -General Conditions and Part C1 - Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C -General Conditions and part C1 -Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C -General Conditions and Part C1 -Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: City of Fort Worth, Texas Village Creek Drainage Basin Sanitary Sewer System Rehabilitation , Part 4 Sewer Project No . P254-701139990100 D.O.E. Project No. 6241 City Project No. 01054 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 coope rative; therefore , work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work . This contract and project , where applicable , may also be governed by the two following published specifications , except as modified by these Special Provisions : 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 03/12109 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 provid ing services on a project , for the duration of the project. 2. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project , regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes , without limitation, independent contractors, subcontractors , leasing companies, motor carriers, owner operators , employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation , providing , hauling, or delivering equipment or materials , or providing labor, transportation , or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors , office supply deliveries , and delivery of portable toilets . B. The Contractor shall provide coverage , based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code, Section 401 .011 (44) or all employees of the Contractor providing services on the project , for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must , prior to the end of the coverage period , file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity : 1. A certificate of coverage, prior to that person beginning work on the project , so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project ; and 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 feet 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 . 0-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction veh icles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new 03/12109 SC-8 PART D -SPEClAL 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 exist ing or proposed lines , if the damage results from any phase of his construct ion operat ion. 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 . The Contractor will not remove any regulatory sign , instructional sign , street name sign or other sign, which has been erected by the City . If it is determined that a sign must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 817-392-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign . If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed . Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The lump sum pay item (BID-00501) for traffic control shall cover the installation and maintenance of the traffic control plan . 03/12109 SC-9 PART D -SPECIAL CONDITIONS D-9 DETOURS - The contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area . D-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed . Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D-11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . D-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction . D-13 WASTE MATERIAi;;; All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items . Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment ( and all subsequent payments until completed) of the appropriate bid item( s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway, right- 03/12109 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 proj ect 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 prov ision controls . No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quant ities . 03112/09 SC-11 PART D -SPECIAL CONDITlONS 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 rehab ilitation 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 m iscellaneous 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. 03/12109 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.O.W . shall be in accordance with Sections E1 -2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION : In accordance with Sect ion 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 w ill 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 satisfactpry 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 , contain ing 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 : 03112/09 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 E1-3 Crushed . Limestone for Embedment of the General Contract Docum~nts and Specifications shall be replaced with the following : Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 All other provisions of this section shall remain the same . 3. TRENCH COMPACTION : All trench backfill shall be placed in lifts per E2-2 .9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M . D698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The City, at its own expense, will perform trench compaction tests per AS.TM . 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 existing streets , are provided in these spec ifications and contract documents . 03112/09 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. D-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 des ign, 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 ttfe 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: Does not apply . 3. LIFT HOLES: All lift holes shall be plugged with a pre-cast concrete plug . The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4 . FINAL RIM ELEVATIONS : Manhole rims in parkways , lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole . · 03/12109 SC-16 PART O.-SPECIAL CONDITIONS Manholes in open fields, unimproved land , or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5 . MANHOLE COVERS: All lids shall have pick slots in lieu of pick holes . Manhole frames and covers shall be Pamrex ductile iron manhole rimes by Certainteed, or approved equal , with 30-inch clear opening. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished . Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans. 6 . SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole depth is four (4) feet or less . All shallow cone manholes shall be built in accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE : MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED. 7 . MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole . 8. EXTERIOR SURFACE COATING : Exterior surfaces of all .manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol ," or equal to , a minimum or 14 mils dry film thickness . 9 . MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department , excluding only the joints using a trapped type performed 0-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent-Seal , Ram-Nek, E-Z Stick , or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Eng ineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation , or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking , hardening , or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years . B. EXECUTION : 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above-specified materials . All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt , sand, mud, or other foreign matter. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in accordance with the recommendations. The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench . After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 03/1 2109 SC-17 PART D -SPECIAL CONDITIONS 2 . SEALING AND/OR ADJUSTING EXISTING MANHOLES : Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings . Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block materials other than pre-cast concrete rings, or where necessary and approved by the Engineer, shall be replaced with a pre-cast flattop section. Pre-cast concrete rings , or a pre-cast concrete flattop section will be the only adjustments allowed . In brick or block manholes , replace the upper portion of the manhole to a point 24 inches below the frame . If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface . If the inside diameter of the manhole is too large to safely support new adjustment rings or frames , a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones , debris and voids to ensure a watertight seal. Place flexible gasket joint material - along the ins ide 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 Eng ineer may be used to obtain final surface elevation of the manhole frame . In paved areas or future paved areas , castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation . Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. 3. EXPOSED EXTERIOR SURFACES : All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy . Kopper "Bitumastic Super Service Black "; Tnemec "46- 450 Heavy Tnemecol ", or equal, to a minimum of 14 mils dry film thickness . 4. The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling. C. MEASUREMENT AND PAYMENT : The price bid for new manhole installations shall include all labor, equipment , and materials necessary for construction of the manhole including , but not limited to, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required , shall be paid separately . 03/12109 SC-18 PART D -SPECIAL CONDITIONS The price bid-for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole , including, but not limited to , excavation, backfill , disposal of materials, joint sealing, lift hole sealing and exterior surface coating . Payment shall not include pavement replacement, which if required, shall be paid separately . The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole , including but not limited to, joint sealing , lift hole sealing , and exterior surface coating. Payment for concrete collars will be made per each. Payment for manhole inserts will be made per each . D-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 utilizing standard factory manufactured tees. City approved factory manufactured saddle taps may be used , but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis . The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required . Severed service -connections shall be maintained as specified in section C6-6 .15. D. SEWER SERVICE RECONNECTION : When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications , all sanitary sewer service lines shall be replaced to the property or easement line , or as directed by the Engineer. Sanitary sewer · services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps . Payment for work such as backfill, saddles , tees , fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line . If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line , all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing , whether on public or private property, the City shall provide line and grade for the sewer service lines as shown on the project plans . Prior to installing the applicable sewer main or lateral and the necessary service lines , the Contractor shall verify (by de-holing at the building clean-out) the e levations SC-19 PART D -SPECIAL CONDITIONS (shown on the plans) at the building clean-out and compare the data with the elevation at the proposed connection point on the sewer main , in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied . Elevations shall also be verified at all bend locations on the service re-route . All applicable sewer mains , laterals and affected service lines that are installed without pre-construction de-holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de-holing is conducted . All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied. If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans, the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied. Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense , shall be required to uncover any sewer service for which no grade verification has been submitted. All re-routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense . The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings . The fitting shall be a urethane or neoprene coupling A.S.T.M . C-425 with series 300 stainless steel compression straps . The Contractor shall remove the existing clean-out and plug the abandoned sewer service line. The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property. Furthermore , the contractor shall utilize the services of a licensed plumber for all service line work on private property. Permit(s) must be obtained from the City of Fort Worth Development Department for all service line work on private property and all work related to the service line must be approved by a City of Fort Worth Plumbing Inspector. A copy of the plumbing permit shall be provided to the Engineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be provided to the Engineer upon completion of the sanitary sewer re-route . Payment for work and materials such as backfill , removal of existing clean-outs , plugging the abandoned sewer service line, double checking the grade of the installed service line, pipe fittings , surface restoration on private property (to match existing), and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line replacement on private property or public right of way . Payment for all work and material involving the "tap" shall be included in the price bid for sanitary sewer service taps . D-29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1 .5 Salvaging of Material and E2-2 .7 Removing Pipe , of the General Contract Documents and Specifications , unless amended or superseded by requirements of this Special Condition . 03112109 SC-20 iiiil PART D -SPECIAL CONDITIONS A SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water mete r and meter box shall be removed and returned to the Water Department warebouse 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 ex_cavated 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 mates ial approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault , the vault shall be demolished in place to a point no less than 18" below final grade. E. ABANDONMENT OF EXISTING GATE VALVE : Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 inches below final grade . Concrete shall then be used as backfill material to match existing grade . F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade . G . ABANDONMENT OF MANHOLES : Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete . Manhole top or cone section shall be removed to the top of the full barrel diameter section , or to point not less than 18 inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean , suitable excavated material approved by the Engineer . Surface restoration shall be compatible with surrounding service surface . Payment for work involved in backfilling , plugging of pipe(s) and all other appurtenances required, shall be included in the appropriate bid item -Abandon Existing Sewer Manhole . SC-21 PART D -SPECIAL CONDITIONS H. REMOVAL OF MANHOLES : Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole, including top or cone section , all full barrel diameter section, and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type 8 Backfill, as approved by the Engineer. Surface restoration shall be compatible with surrounding surface . I. CUTTING AND PLUGGING EXISTING MAINS: At various locations on this project , it may be required to cut, plug, and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines . Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is required . J. REMOVAL OF EXISTING PIPE : Where removal of the existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants and meter boxes shall be delivered to Water Department Field Operation, Storage Yard . C. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe, except as follows : separate payment will be made for removal of all fire hydrants, gate valves , 16 inch and larger, and sanitary sewer manholes, regardless of location . Payment will be made for salvaging, abandoning and/or removing all other existing facilities when said facility is not being replaced in the same trench (i.e ., when removal requires a separate trench). L. ABANDONMENT OF EXISTING SEWER LINES : Where plans call for abandonment of existing sewer mains after the construction of a new sewer main , the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a final determination that all existing service connections have been relocated to the new main . Once this determination has been made, the existing main will be abandoned as indicated above in Item I. 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 SPOIUFILL MATERIAL Prior to the disposing of any spoil/fill material, the Contractor shall advise the City of Fort Worth's Flood Plain Administrator ("Administrator''), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No . 10056). All d isposal 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 spo il/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 mechan ics and material men 's liens upon receipt of payment. D-34 SUBSTITUTIONS 03112109 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-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned , removed (except where being -replaced in the same location), or rehabilitated (pipe enlargement, cured-in-place pipe, fold and form pipe , slip-line , etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location . Work shall consist of furnishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television . Satisfactory precautions shall be taken to protect the sewer lines from damage that m ight be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation . The equipment shall also have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream . The equipment shall carry its own water tank , auxiliary engines , pumps, and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease . If sewer cleaning balls or other equipment , which cannot be collapsed , is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. 2. CLEANING PROCEDURES : The designated sewer manholes shall be cleaned using high- velocity jet equipment. The equipment shall be capable of removing dirt, grease , rocks , sand and other materials and obstructions from the sewer lines and manholes. If clean ing of a~ entire section cannot be successfully performed from one manhole , the equipment shall be set up on the other manhole and cleaning again attempted. If, again , successful cleaning cannot be performed or equipment fails to traverse the entire manhole section , it will be assumed that a major blockage exists , and the cleaning effort shall be abandoned . 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. B. EXECUTION: 1. TELEVISION INSPECTION : The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line . 03112/09 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 will be notified as to which sections of the sanitary sewer are to be corrected . The Engineer will return tapes to the Contractor upon completion of review . All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. C. PAYMENT OF CLEANING AND PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for Pre-Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised . The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily 03/12109 SC-26 PART D ~ SPECIAL CONDITIONS evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal , transportation and disposal of-sand and debris from the sewers to a legal dump site. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis . The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances , when it becomes lodged during inspection, shall be incidental to TV Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable , regular sewer service to the area residents . All bypass pumping shall be incidental to the project. D-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. 03112/09 The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop-connections , gas sealing connections , etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations . A vacuum of ten i nches of mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed , the level of vacuum shall be read after the required test time. The required test time shall be determined from the Table I below in accordance with ASTM C 1244-93: Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (1 O"Hg -9"Hg) (SEC) Depth of MH . 48-lnch Dia . 60-lnch Dia. (FT.) Manhole Manhole 0 to 16 ' 40 sec. 52 sec. 18' 45 sec. 59 sec . 20' 50 sec. 65 sec. SC-27 PART D ~ SPECIAL CONDITIONS 22' 55 sec . 72 sec . 24' 59 sec. 78 sec. 26' 64 sec. 85 sec. 28 ' 69 sec. 91 sec. 30' 74 sec. 98 sec. For Each 5 sec. 6 sec. Additional 2' 1. ACCEPTANCE : The manhole shall be considered acceptable , if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time. Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test , the manhole shall be restored to its normal condition , all temporary plugs shall be removed , all braces, equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT: Payment for vacuum test ing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material , labor, equipment, and all incidentals, including all bypass pumping, required to complete the test as specified herein. D-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. D-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 communicat ions 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 telev ision 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 telev ision inspection 0311 2/09 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 residents . 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 provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto . B. Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate , cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City . C. Quality control testing of in-place material on this project will be performed by the city at its own expense . Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City . The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested , and any work effort involved is deemed to be included in the unit price for the item being tested . 03112109 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 supply ing the fill material. D-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-eros ion-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 f lowing 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 ope rations that are not a part of the finished work . 03112/0 9 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 -SPEClAL 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 med ians before any topsoil is obtained from a borrow source . Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways . 2 . SODDING DESCRIPTION : Sodding will consist of furnishing and planting Bermuda, Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces, in median strips, on embankments or cut slopes, or in such areas as ·designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for sodding are Prairie and 609. MATERIALS : Sod shall consist of live and growing Bermuda , Buffalo or St. Augustine grass secured from sources where the soil is fertile . Sod to be placed during the dormant state of these grasses shall be alive and acceptable . Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense , thickly matted roots throughout a two (2) inch minimum th ickness 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 min imum thickness of native soil attached to the roots . The sod shall be free from obnoxious weeds or other grasses and shall not conta in any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted . Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn . Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating , hauling , and planting . Sod material shall be kept moist from the time it is dug until planted . When so directed by the Engineer, the sod existing at the source shall be 03/12/09 SC-33 PART D -SPECIAL CONDITIONS watered to the extent required prior to excavating . Sod material shall be planted within three days after it is excavated . CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross-sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described . Sodding shall be either "spot" or "block"; either Bermuda, Buffalo or St. Augustine grass. a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded. In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade . Holes of equivalent depth and spacing may be used instead of furrows . The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces . b. Block Sodding . At locations on the Drawings or where directed, .. sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding shall be filled with additional sod and tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass . Surfaces of block sod, which, in the opinion of the Engineer, may 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 ih place . When necessary, the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun . Any excess dirt from planting operations shall be spread uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance. The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth . 3. SEEDING DESCRIPTION: "Seeding" will consist of preparing ground , providing and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications . MATERIALS: 03/12109 SC-34 PART D -SPECIAL CONDITIONS a . General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of seed , and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season 's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers . A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germination: Common Name Purity Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM-SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) 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 shoulders , slopes, and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun . BROADCAST SEEDING : The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed . If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained . "Finishing" as specified in Section D- 45, Construction Methods , is not applicable since no seed bed preparation is required . DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed . The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. The seed , or seed mixture , specified shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand rather than by mechanical methods, seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1/8) inch . The planted area shall be rolled with a corrugated roller of the "Cultipacker" type . All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING : The soil over the area shown on the Drawings, or as directed to be seeded , shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed . The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods . Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened . After the watering , when the ground has become sufficiently dry to be loose and pliable , the seed , or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified uniform rate of application for both is obtained . After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch . The planted surface area and giving a smooth surface without ruts or tracks . In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth . The application of asphalt shall follow the last watering as rapidly as possible. Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings, or if Drawings are not included , then MS-2 shall be used. Applications of the asphalt shall be at a rate of three-tenths (0 .3) gallons per square yard. It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth. 03/12109 SC-36 PART D -SPECIAL CONDITIONS RE-SEEDING OF AREAS · PLAN-TED 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 ~eed 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 . Th~ fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis of 16-20- 0 or 16-5-8 or having the analysis shown on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists. In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration. Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS: When an item for fertilizer is included in the Drawings and proposal, pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry and in good physical condition. Fertilizer that is powdered to caked will be rejected . Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings, fertilizer shall be applied uniformly at the average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site·. Measurement will be made only on topsoils secured from borrow sources . Acceptable material for "Seeding" will be measured by the linear foot , complete in place . 03112/09 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 sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard, complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping ; for all watering; for disposal of all surplus materials ; and for all materials, labor, equipment, tools and incidentals necessary to complete the work, all in accordance with the Drawings and these Specifications . The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified, as the case may be, which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding . D-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 0 .1. pipe shall be utilized . 7 . Except in areas where clearing is allowed , all trees up to 8" in diameter damaged during construction shall be removed and replaced with the same type and diameter tree at the contractor's expense . 8 . Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural practices and procedures . 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 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 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 required, shall be included in the linear foot price bid of the appropriate BID ITEM(S). 03112109 SC-40 03112/09 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 angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections , such down time shall be coordinated with the SC-41 03/12109 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 which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section CS-5 .15 INTERRUPTION OF 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 c.9ntractor 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. 03112/09 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 plast ic 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 serv ice 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 coord inating 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 fi re hydrant adapter fitting shall be required at the temporary serv ice 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 serv ice 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 recondition ing 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 d irected by the Engineer. 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 1 O parts per million of free chlorine . Chlorinated water shall be disposed of in the san itary 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. 52.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 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 the sampling station, concrete support block , curb stop , fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. PAYMENT FOR FIGURE 33 INSTALLATIONS : Payment for all work and materials necessary for the installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station, modification to the vault, fittings , and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . 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 E1-7. The price bid per ton of fittings shall be payment in full for all fittings , joint accessories , polyethylene wrapping , horizontal concrete blocking, vert ical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings , valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie-down concrete blocking , and concrete cradle . Payment for the polyethylene wrapping, horizontal concrete blocking , vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed . 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 th is 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 03/1 2109 7 . Survey and stake location of root pruning trenches as shown on drawings. 8 . Using the approved specified equ ipment, make a cut a minimum of 36 inches 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. D-57 TREE REMOVAL Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dump ing . Extra caution shall be taken to not disrupt ex isting utilities both overhead and buried . The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement, fences, walls , sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed . D-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 INTERRUPllON 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 be ing 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 responsibility of the contractor and shall be considered a subsidiary item . In the event that the contractor prefers for the Signals, Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings , the contractor shall contact SSMD at (817) 392-8770 and shall reimburse SSMD for all costs incurred , both labor and material. No additional compensation shall be made to the contractor for this reimbursement. 03112109 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 rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair . Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item. The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. D-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 construction and/or right-of-entry agreements for properties where construction activity is necessary on City owned facilities , such as sewer lines or 03112109 SC-50 PART D -SPECIAL CONDITIONS manholes . For locations where the City was unable to obta in the easement or rig~t-of-entry , it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property . This shall be subsidiary to the contract. The agreements , which the City has obtained , are available to the Contractor for review by contacting the consultant who distributes the plans for the project. Also , it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property . Contractor shall adhere to all requirements of Paragraph C6-6 .10 of the General Contract Documents . The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements , by the property owners . The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required . No additional payment will be allowed for this item . The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for thoroughly reviewing , understanding and complying with all provisior:is of such permits, including obtaining the requisite insurance, and shall pay any and all costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way . For railroad permits, any and all railroad insurance costs and any other incidental costs necessary to meet the conditions associated with permit(s) compliance , including payment for flagmen , shall be included in the lump sum pay bid item for "Associated Costs for Construction within Railroad / Agency Right-of-way ". No additional compensation shall be allowed on this pay item . D-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 RATES Compliance with and Enforcement of Prevailing Wage Laws Duty to pay Prevailing Wage Rates . The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents . Penalty for Violation . A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents . 03112109 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 1he 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) 03/12109 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 Construction Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the 03112109 SC-53 PART D -SPECIAL CONDITIONS permit can be obtained through the Internet at http://www.tnrcc.state .tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized , can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi): If the project will result in a total land disturbance equal to or greater than 5 acres, the contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site . The NOi shall be submitted to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the required $100 application fee. The NOi shall be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin , TX 78711-3087 A copy of the NOi shall be sent to : City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth , TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to : Texas Commission on Environmental Quality Storm Water & General Permits Team ; MC-228 P.O. Box 13087 Austin , TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site . Copies of the project SWPPP's are available for viewing at the office of the Consultant disbursing the plans for the project. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality . 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 J o 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 subm itted 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. 0311 2/09 . 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 maintain the contract schedule, the following process shall be applicable : The work progress on all construction projects will be closely monitored . On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change-0rder), 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 1 O 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 . 031 12109 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, sidewalks, 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 performing 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 compensation shall be made. 03/12109 SC-57 - liiiiil PART D -SPECIAL CONDITIONS (To be printed on Contractor's Letterhead) Date : CPN No.: Project Name : Mapsco Location : Limits of Construction : THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON WATER AND/ OR SEWER LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR -Mr. <CITY INSPECTOR> AT< TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FL YER HANDY WHEN YOU CALL 03/12109 SC-58 - 03/12109 PART D ~ SPECIAL CONDITIONS Date: ____ _ DOENO.XllX 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------ IFYOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALL: MR. AT _________ _ (CONTRACTORS S_UPERINTENDENT) (TELEPHONE NUMBER) OR MR. ___________ AT _________ _ (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, __________ _,CONTRACTOR ------------. -·---··--·-------·----·--· ·----·--- SC-59 PART D -SPECIAL CONDITIONS TEXAS DEPARTMENT OF HEAL TH NOTE': CJRCLE ITEMS THAT ARE AMENDED T DEMOLITION I REN,pVATION NOTIFICATION'FORM DemolitiM Conlr'aC:lor:,__ _________ ....,... __ ornce Phorl& Num!M\r.......,..._ ________ _ A<lr;tle$$ . ._' ---------------'City:_· ________ Sle.1e : ___ .-Zip ; ___ _ 2) Project Cc;instJllant (ll'0perator. ____ ~----------TDH Li<:ensl'.l Nurnbat;. _____ = Mailing Adcfress: ____________________ __,.,_~---------- Clty; .·· state: ___ ,Zip.~· ____ omce Phone Number:...___.,__ _____ _ 3)· f'acllify.Owner:.__ ___ ~--------------------------- Ailent't0n:_ ..... _ .... ~···~·---------------------~~--------- '~tiitlrig Add ress; .. . . . . .. . . . . . . .. . . . .. Cl~. · . , .. $iati!: Zi~ .. Owner Phone Number< } . . . . .. • '*Noto (tho lrwoleo for. lha notification fee wlll be sent to th• owner cf -the b~lld.Tn11 and Ulo bllllng oddr0:$1 fer tho Invoice will be obtjlfieclfromth~lnfotri'lalf(ln thatls pto'llidod In .this secllon. . . ··:· :,~. 4) 'oescrfptloo or Facwty Name:·--------.,,.......-,..,----------------,,,------f'.~~i~! M~ress;s-. _....,..... _________ ~Cou.niy: City: li?~---- . Faclli)y_ P;hooe NurQbe . FacilityCQ11t.act .Pereo11:. ____________ _ Description or AreaJRoom Number.: Priorl.l$e; ' " ··'-···----~--F""'o_l..,.Li1_e_.U_$e:"":·-. ---~------------- 'Age9 ;:Bi,i@lng}Faclllly; . Size: NumberofFJo<lra; :,Sdioof(K~12): a YES n NO ,5)c:~ of,WQrfc CJ Demc;11itfon n Renovatlon {Abatement) r:i An.l'lual Consolidated I 1r'1;:;r::.:= .i~ a Evening a ..... 0 -· Ptojeet ' ~-~,".,: /~i fi) .NlsEI~~,._.}<> P_. ~n.lll.yc !.:~ldll'!."!.· ? 0 0y';,,E;;S O NO Fed•ral :Faclllty? DYES D NO lrulustria.l Site? OYES ONO !ill-..,.~.....,--v "'""" ''7 i r,;..,;, D NO Is BtJltdlngJFacllity Occojliecl? LI YES a NO ll ~ 7) NoUficalion Type CHECK ONLY ONE ~ o Original (10 Worklrig Dayg} O CaoC(llJaticm o Amendme.nt o Emergency/Ordered ,2, . . i:i'. if ~ tjl ,,J ,g; tt: .• ·'i,j If .this is an am.Mdmat1!, which amendment number Is lhis?_ {enclose copy of or.lg ln~I andlor last amendment) lfan emergency, ~o did you ~lk wlth at TDH? Emergency#· . 1 p_i:ite: and ti9ur of EmQtgency (HH/MMI.DD/YY):,-,---.,...-.....,,.,-- D~tpllon ofltie sudden., unexpected event.and explanat'10n of how the a.vent caugea un!'lafe CQnt;iitit»1e Qr Woukl cause e.(lu i.pment damage (eornl)'ulets , machineiry, ete. ____________________ ~~- ~;~;:) 1~, _,. . ~r. ij ; ·. 8) ·0p~ctiplfon of procedures to be followed In the event that unexpticttld asbestos is. found Qr Pf~us,1y f'.l!)fl•fnable tti Ir : j~~:~,~ mateJfal becomes ctumbltid, ~Ull.'etiiad, or ted~d to powder.-..;,;,;,...~------------ ~{1 f ; .\J) Y.!~~ M ~be5tos survey pelformed? n YES . D NO Dale: . J I TOH lnsp.ector Uceose No: ____ _ ~;f!i f!,_ (': )~~yt\~l Method ; D PL.~ D TE~t CJ Assumed ,PH uibQt~tory ll4'.leJ\$e No ; . . . \,~ ij ;> ,,,:,O:er: TAHPA (publto buikhng) j'.lro1ecis: ..in i1Ss1.1mpt1on mus l be made by a TOH Ucensed lngp eclor} ~a1:; ~t ,:;('.!···.::.'~ -:;:_._ .. :~~ I, f)if)O)j);Qescrlptior1 of planned demolit10n or tm"lt'.lvation \vork, t:we of rn~terwl, and method{s) to be U$6cl . .._· ----~- 1_;_; r .~_!_···.·.·, r:1 ). 0 .... 1.tion Of-k p,aolf°"o 000 eog[ooertog ooo•® lo be USO<! IO ..... Olem"'""""'-"'' al the : .. "' demo!i~ioril~IJ9Yaliorr: ________ -=---------------~---- \~\;' ~1 03112/09 SC-60 """ -PART D -SPECIAL CONDITIONS 12) ALL a,ppllcabk} ilMis tn Iha fi)llowing table mu$t l>!i! eompleted; IF NO ASBESTOS PRESENT CHECK H.E~E !J Approiclmate •mount of·· Cheek unl.t of measurement As~astos.Contliinlng B1,1ildiqg Material ...., __ _.;..:As:;;,b;;,.H=loi;.;;;,;·;;.... __ ..;i... __________ ..i l~frli~ff~lITl:f-1;(:::.:t·,, .. ·-·,·(f;:; ?:;,~::~;~:;1r:\1:i~;;;;~;~~, ]·~· lkf :~9'; :i~: lf'. ·•~~. . ' .,~ :i,.··· ., .. RACMNOJ removed J non.,frtabknemoved J non~fri~lne removeti I non-fi'labte NOT removed II non.frlahl& temaYl!(J U·non-m~bteremovecf n non..ft:lable. ~OT removftd 13) Waste,Transporier Name: TOH lJOense Number.:------~g~~on: " . (ilty:. ~hrir,o'·:r~~r:____;_ilp-._· ---~~~,;~iF't~:·om·, . n,accP«m•~~ -.· ___ Zip=~ ·;~~,;_1:sr}:~r ,1ructurally unsound faclHiles, attacn a copy of, cremolilion order 1;1111f identify Governmental Official below. §S·F' ,. :¥i~~: ...... .. ·_ _ _. Reglstratlon No: . .. _ . j,, -?~·~f:'.or~er{M~DNV) I J .. Date order to begin (MWOD/YY) l t :,1t j~),'._§che~;;:i~.ofAsbesCosAbaJem~nl{MMIDDNY) Start: , , Occnplele; , , " .17).,~~I~ Oeteli PemoliUon/RenoYation {MMIDDJYY) Start: . . L .... 1.......... .... Comptet&:.~ ... ..._,./ _ _./ ___ _ ~-~:'.IUl~a:atart dala-on ih~ nadft~on ean not bo !'Mt. Cho TDK ~Iona! or-Local Program office Mustbe conlsctad by phonifprior fo the &Ian data. Failure to do so ls a v!of.atlon l:n acc~nco t.o T~P.A,. $GetlOn 29!.61, I her®y oertify that ell Information I have provided Is correct, complete. and trua to the best of my .knowfedge. I acknowJedge th~tH)m ~O(!Sible for;all ~peels of the notifipetiQn form, imlluding, but not limilin,g. ~ootent and submlss[on dates. The maximum pt;inalty;' s~.Y~OOO per day per violation. ···· --... L ... L. :::1 ($jgij4U.ir~'.9(~[1d!il'1 OWnerf Operator {Printed HamB) (Oa1e) (Telepqor1e) ~;,,: ~,J)el~Coostillant/Conlr.actot) { ) t, · · ·· ·· · · ""'<~,...ax-. N .... u_m_t>e-~r) !j/~,,_MAILTO: ASBESTOS NOTl:FtCATlON SECTION 1:~': . '· TOXi<tSVBSTANCfS CONTROL DIVISION ~:;'" .·· ·. , . TEXAS CEPARTMENT OF'HEALTH 'fi:t" · . ·i*Faiu a.re, not ac:c~tec:r PO BOX 143538 iJlj'':: · •?r ,., r{' Ir::t;':',<\j}J~a,' AUSilN, TX 78714-3538 t: .. PH:512-S:34-6600, 1-800-672.,5648 i:.;::-c~ "FttKU are not ai;cttpt,;,tJ• { F;:lrm APBtf5;_d_~d 07129/02, Replaces TDH form.dated ,07113/01. For as:sr:;taim:s in t;ompleling tom,., call 1-800-572,5548 ,,,:;.: __ , ... -----'··-",..·-µ;,;,~~~~i~1~~~:4 .. ,."·~-.. ,-~;~ 1:~~~::':;;-~<·::-~--, ... -~,.,_. ·-.·-.. ~~~-::~"''"·· . ___ -.. ,~,_ .... ..-.... _ : ~~· --·-~,--·.,., ~ ... ~--···--03112109 SC-61 PART D -SPECIAL CONDITIONS 03/12109 SC-62 ... .... PART D -SPECIAL CONDITIONS Concrete Pavin&l Gurtlirni Ma.en. Oper. Concrete Paving Spc~~r Ope,-. Concrete Rubber Crane. Clamshell. Backhoe, Denick, Dragline. Shovef Electrician Aa_11_ger Form 'Bllilder-Structure-s Form Setter-Pavin_11_ & CUrbs Foundation Drill Qperaf-or. Crawler Mounted Foundation Drill Operator. Truck l\tounted Front End Loader Laborer-Common Laborer-Utili!)' Mechanic Milling Machine_ Operat.or", F111e Grade l!I". R.olle.r, Steel Wheel Plant-Mix P-avemenls R.oller. Steel Wheel other Flatwheel or Ta ReinfominJ Reil.lfurci, Source is. AG.C of Texas (Hwy. H\'Y • .Utilities !ndl.lStrial Br.a:nch) w,__access.gpogovJdavisba:conl 03/12109 ,er $13:9'9 $8..SD $'13.00 $12.78 $14.1:5 $1tS8 $13.22 $'12.80 $12..&5 $·13.27 $12Jl0 $13,63 $12.!iiO $13.56 $14.50 $10.61 $14.12 !'18.12 $8.43 !11.63 $11-83 !'13.67 $1f!_30 $12.112 l_lt18 $1R65 $16c97 $11Jl3 $11.!'JS $·15.20 $14.50 $13.17 $10,04 $·tU>4 $11-2;8 $10.92 !1L07 $14.!Ml $'16.2Q SC-63 Truck Driver-Transit Mix W,agoo Drill, Boring Machine. Post Hole Driller Welder Wont Zone, Barricade Servicer $10.92 $12.60 $12.91 $12.03 $10.91 $11.47 $1'L75 !14Jl3 $12.08 $14.00 $13..57 !10.09 PART D ~. SPECIAL CONDITIONS D-74 STATE REVOLVING FUND (SRF) REQUIREMENTS This project, in addition to standard City of Fort Worth requirements, may involve certain State requirements. These requirements, if applicable, are provided in the following documents and should be thoroughly reviewed and completed by the contractor. They include: 1. TWDB Small, Minority, Women-Owned Business Enterprise Program Documentation 2. TWDB Supplemental Conditions • Instructions to Bidders • Construction Contract Supplemental Conditions 3. At the Time Contract of Contract Document Execution ED I 03 -Contractors Act of Assurance ED I 04 -Contractors Resolution Work required to conform to these requirements shall be considered subsidiary and no extra payment will be made. The SRF requirements are included in the Appendix. END OF PART D-SPECIAL CONDITIONS 03112/09 SC-64 - -10- ADDITIONAL SPECIAL CONDITIONS (Water Department) DA-1 DA-2 DA"'.3 DA-4 DA-5 DA..S DA-7 DA..S DA-9 DA-10 DA-11 DA-12 DA-13 DA-14 DA-15 DA-16 DA-17 DA-18 DA-19 DA-20 DA-21 DA-22 DA-23 DA-24 DA-25 DA-26 DA-27 DA-28 DA-29 DA-30 DA-31 DA-32 DA-33 DA-34 DA-35 DA-36 DA-37 DA-38 DA-39 DA-40 DA-41 DA-42 DA-43 DA-44 DA-45 DA-46 DA-47 DA-48 10123108 PART DA -ADDITIONAL SPECIAL CONDITIONS AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS ..... __ ........ Omitted PIPELINE REHABILITATION CURED -IN -PLACE PIPE ..................................... Omitted PIPE ENLARGEMENT SYSTEM ................................................................................... 4 FOLD AND FORM PIPE ..................................................................................... Omitted SLIPLINING .......................................................................................................... Omitted PIPE INSTALLED BY OTHER THAN OPEN CUT ....................................................... 11 TYPE OF CASING PIPE .............................................................................................. 15 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR. .................................... Omitted PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION ................... 15 MANHOLE REHABILITATION ........................................................................... Omitted SURFACE PREPARATION FOR MANHOLE REHABILITATION ....................... Omitted INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM ........ Omitted INTERIOR MANHOLE COATING -QUAD EX SYSTEM ..................................... Omitted INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM ...................................... 18 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM .................................... 20 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINER Omit INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM ............................ Omitted RIGID FIBERGLASS MANHOLE LINERS ......................................................... Omitted PVC LINED CONCRETE WALL RECONSTRUCTION ....................................... Omitted PRESSURE GROUTING .................................................................................... Omitted VACUUM TESTING OF REHABILITATED MANHOLES .................................... Omitted FIBERGLASS MANHOLES ................................................................................ Omitted LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES ............ Omitted - REPLACEMENT OF CONCRETE CURB AND GUTTER ................................... Omitted REPLACEMENT OF 6° CONCRETE DRIVEWAYS .................... " ... ~ ................. Omitted REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE .................................... Omitted GRADED CRUSHED STONES ........... __ .............................................................. Omitted WEDGE MILLING 2" TO O" DEPTH 5.0' WIDE .................................................. Omitted BUTI JOINTS -MILLED .................................................................................... Omitted 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) ............................................ Omitted REPLACEMENT OF 7" CONCRETE VALLEY GUTIER ................................... Omitted NEW 7" CONCRETE VALLEY GUTTER ............................................................ Omitted NEW 4" STANDARD WHEELCHAIR RAMP ...................................................... Omitted 8" PAVEMENT PULVERIZATION ...................................................................... Omitted REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) ................. Omitted RAISED PAVEMENT MARKERS ....................................................................... Omitted POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING ................. 23 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL ......... 27 ROCK RIPRAP -GROUT -FILTER FABRIC ..................................................... Omitted CONCRETE RIPRAP .......................................................................................... Omitted CONCRETE CYLINDER PIPE AND FITTINGS .................................................. Omitted CONCRETE PIPE FITTINGS AND SPECIALS ................................................... Omitted UNCLASSIFIED STREET EXCAVATION ........................................................... Omitted 6" PERFORATED PIPE SUBDRAIN .................................................................. Omitted REPLACEMENT OF 4" CONCRETE SIDEWALKS ............................................ Omitted RECOMMENDED SEQiJENCE OF CONSTRUCTION ....................................... Omitted PAVEMENT REPAIR IN PARKING AREA .......................................................... Omitted EASEMENTS ANO PERMITS ...................................................................................... 28 ASC-1 DA-49 DA-50 DA-51 DA-52 OA-53 DA-54 DA-55 DA-56 DA-57 DA-58 DA-59 DA-60 OA-61 DA-62 DA-63 DA-64 DA-65 DA-66 DA-67 DA-68 DA-69 DA-70 DA-71 DA-72 DA-73 DA-74 DA-75 DA-76 DA-77 DA-78 DA-7 9 DA-80 DA-81 DA-82 DA..S3 DA-84 DA..S5 DA-86 DA..S7 DA-88 DA..S9 DA-90 DA-91 DA-92 DA-93 DA-94 DA~9 5 10123/08 PART DA -ADDITIONAL SPECIAL CONDITIONS HIGHWAY REQUIREMENTS ....................................................................................... 28 CONCRETE ENCASEMENT ......................................... :: ............................................ 28 -. -. CONNECTION TO EXISTING STRUCTURES .................................................... Omitted TURBO METER WITH VAULT AND BYPASS INSTALLATION ......................... Omitted -. - OPEN FIRE LINE INSTALLATIONS ................................................................... Omitted WATER SAMPLE STATI_ON ............................................................................... Omitted CURB ON CONCRETE PAVEMENT .................................................................. Omitted SHOP DRAWINGS ...................................................................................................... 29 COST BREAKDOWN .......................................................................................... Omitted STANDARD STREET SPECIFICATIONS H.M.A.C . OVERLAY ......................... Omitted . . -. . . . ---· .. . H.M.A.C. MORE THAN 9 INCHES DEEP ........................................................... Omitted ASPHALT DRIVEWAY REPAIR ......................................................................... Omitted TOP SOIL ........................................................................................................... Omitted WATER METER AND METER BOX RELOCATION AND ADJUSTMENT ......... Omitted BID QUANTITIES ............................................................................................... Omitted WORK IN HIGHWAY RIGHT OF WAY ........................................................................ 30 CRUSHED LIMESTONE (FLEX-BASE} ............................................................. Omitted OPTION TO RENEW .......................................................................................... Omitted NON-EXCLUSIVE CONTRACT .......................................................................... Omitted CONCRETE VALLEY GUTTER. .................................... , .................................... Omitted TRAFFIC BUTTONS ........................................................................................... Omitted PAVEMENT STRIPING ....................................................................................... Omitted H.M.A.C. TESTING PROCEDURES ................................................................... Omitted SPECIFICATION REFERENCES ·····-····--··--··········--------··--··--············----······----·· .. ····---30 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX ............................................................................................... Omitted RESILIENT-SEATED GATE VALVES ................................................................ Omitted EMERGENCY SITUATION, JOB MOVE-IN ........................................................ Omitted 1 Y2,, & 2" COPPER SERVICES ......................................................................... Omitted SCOPE OF WORK (UTIL. CUT).. ....................................................................... Omitted CONTRACTOR·s RESPONSIBIL TY (UTIL. CUT).. ............................................ Omitted CONTRACT TIME (UTIL. CUT) .......................................................................... Omitted REQUIRED CREW PERSONNEL & EQUIPMENT {UTIL. CUT) ........................ Omitted TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) ........................................... Omitted LIQUIDATED DAMAGES fUTIL. CUT) ............................................................... Omitted PAVING REPAIR EDGES (UTIL. CUT) .............................................................. Omitted TRENCH BACKFILL fUTIL. CUT) ...................................................................... Omitted CLEAN-UP (UTIL. CUT) ..................................................................................... Omitted PROPERTY ACCESS (UTIL. CUT) .................................................................... Omitted SUBMISSION OF BIDS (UTIL. CUT} ................................................................. Omitted STANDARD BASE REPAIR FOR UNIT I (UTIL CUT} ....................................... Omitted CONCRETE BASE REPAIR FOR UNIT 11 & UNIT IU (UTIL. CUT} ..................... Omitted 2,, TO 9•• H.M.A.C. PAVEMENT (UTIL. CUT) ..................................................... Omitted ADJUST WATER VALVE BOXES, MANHOLES. AND VAULTS (UTIL. CUT} ... Omitted MAINTENANCE BOND (UTIL. CUT) .................................................................. Omitted BRICK PAVEMENT JUTIL. CUT) ........................................................................ Omitted LIME STABILIZED SUBGRADE f UTIL. CUT) .................................................... Omitted CEMENT STAB_lh(ZED ~UBGRADE {UTIL CUT} .............................................. Omitted ASC-2 DA-96 DA-97 DA-98 0Aw99 DA-100 DA-101 DA-102 DA-103 DA-104 DA-105 DA-106 DA-107 DA-108 DA-109 DA-110 DA-111 DA-112 DA-113 DA-114 DA-115 DA-116 DA-117 DA-118 DA-119 10123/08 PART DA -ADDITIONAL SPECIAL CONDITIONS REPAIR OF STORM DRAIN\ STRUCTURES {UTIL. CUT) ................................ Omitted uQUICK..SET" CON<.;RETE {UTIL CUT) ............................................................ Omitted UTILITY ADJUSTMENT (UTIL. CUT) ................................................................. Omitted STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RANIPS (UTIL CUT) . Omit LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) .............................. Omitted CONCRETE CURB AND GUTTER (UTIL CUT) ................................................ Omitted PAYMENT (UTIL. CUT) ...................................................................................... Omitted DEHOLES (MISC . EXT.) ..................................................................................... Omitted CONSTRUCTION LIMITATIONS (MISC. EXT.) .................................................. Omitted PRESSURE CLEA~ING AND TESTING (Ml§<;. EXT.) ...................................... Omitted BID QUANTITIES (MISC. EXT.) ................................................................ " ....... Omitted LIFE OF CONTRACT (MISC. EXT.) ................................................................... Omitted FLOWABLE FILL (MISC. EXT.) ......................................................................... Omitted BRICK PAVEMENT REPAIR (MISC. REPL.} ..................................................... Omitted . . -· DETERMINATION AND INITIATION OF WORK {MISC. REPL.) ........................ Omitted WORK ORDER COMPLETION TIME (MISC. REPL) ........................................ Omitted MOVE IN CHARGES (MISC. REPL.) .................................................................. Omitted PROJECT SIGNS (MISC. REPL.l .................................................................. ~ ... Omitted LIQUIDATED DAMAGES (MISC. REPL.).. ......................................................... Omitted TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) ........................................ Omitted FIELD OFFICE ................................................................................................... Omitted TRAFFIC CONTROL PLAN ................................................................................ Omitted COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS ......... Omitted CATHODIC PROTECTION SYSTEM Omitted ASC-3 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-3 PIPE ENLARGEMENT SYSTEM A. GENERAL: 10/23108 1. Description: This specification includes requirements to rehabilitate existing sanitary sewers by the pipe enlargement system, herein called Pipe Bursting or Pipe Crushing (Pipe Bursting/Crushing). This system includes splitting or bursting the existing pipe to install a new polyethylene pipe and reconnect existing sewer service connections. 2. Methods: This section specifies the approved system method or process to include all labor, materials, tools, equipment and incidentals necessary to provide for the complete rehabilitation of deteriorated gravity sewer lines by the Pipe Bursting/Crushing systems. Approved methods include: the PIM Corporation (PIM System), Piscata Way, New Jersey; McLat Construction (McConnell System for Pipe Crushing), Houston, Texas; and Trenchless Replacement Systems, (TRS System), Calgary, Canada. Refer to Part D -SPECIAL CONDITIONS D-34 SIBSTITUTIONS for information regarding pre-approval procedures for alternative processes . 3. Definition: The Pipe Bursting/Crushing system is defined as the reconstruction of gravity sewer pipe by installing an approved pipe material, by means of one of the pre-approved methods set forth in Section A.2 of this specification. The process involves the use of a static, hydraulic or pneumatic hammer "mating" device. sY.itably sized to break out the old pipe or using modified boring "knife" with a flared plug that implodes and crushes the existing sewer pipe. Forward progress of the "mole" or the "knife" may be aided by the use of hydraulic equipment or other apparatus, as specified in the approved methods. The replacement pipe is either pulled or pushed into the bore. The method allows for replacement of pipe sizes from 8" through 21" and/or upsizing in varying increments up to 21". This specification is based on the precedent that the Pipe Bursting/Crushing system used has been pre-approved by the Fort Worth Water Department. 4. Quality Assurance: The Contractor shall be certified !)y the particular Pipe Bursting/Crushing system manufacturer that such firm is a licensed installer of their system . No other Pipe Bursting/Crushing system other than those listed in Section A.2 . of these specifications is acceptable. a. b. Personnel directly involved with installing the new pipe shall receive training in the proper methods for joint fusing, handling, and installing the polyethylene pipe. Training shall be performed by a qualified representative as determined by the pipe manufacturer. Personnel directly involved with installing the new pipe shall receive training in the proper methods for joint fusing, handling, and installing the polyethylene pipe. Training shall be performed by a qualified representative as determined by the pipe manufacturer. ASC-4 PART DA -ADDITIONAL SPECIAL CONDITIONS 5. Submittals: Submit for review and acceptance , the following Contractor's Work Plan and Drawings to the City : a. Shop drawings , catalog data , and manufacturer's technical data showing complete information on material composition , physical properties, and dimensions of new pipe and fittings . Include manufacturer's recommendation for handl ing , storage , and repair of pipe and fittings if damaged . b. Location and number of insertion or access pits shall be planned by Contractor and submitted in writing prior to excavation for approval by the City . c. Method of construction and restoration of existing sewer service connections . This shall include: 1) Detail drawings and written description of the entire construction procedure to install pipe , bypass sewage flow and reconnection of sewer service connections . 2) Working drawings for information only showing sewage flow bypass. and maintenance of traffic. Contractor shall provide for continuous sewerage flow. Dewatering shall be the Contractor's responsibility. 3) Certification of workmen training for installing pipe. 4) Television inspection reports and video tapes made after new pipe installation . . 6. Delivery, Storage, and Handling : a. Transport , handle , and store pipe and fittings as recommended by manufacturer. b. If new pipe and fittings become damaged before or during installation , it shall be repaired as recommended by the manufacturer or replaced as required by the Project Manager at the Contractor's expense, before proceeding further. c. Deliver, store and handle other materials as required to prevent damage. B. MATERIALS: 1. 10123108 Polyethylene Piping Material: The pipe and fitting material shall be high density, extra molecular weight (EHMW) polyethylene pipe material conforming to ASTM D1248, Type Ill , Class C, Category 5, Grade P34 , and have a PPI (Plastic Pipe Institute) recommended designation of PE3408 and cell classification 345434C per ASTM D3350. The molecular weight category shall be extra high (250 ,000 to ASC -5 PART DA -ADDITIONAL SPECIAL CONDITIONS 1,500,000) as per the Gel Permeation Chromatography determination procedure with a typical value of 330,000 . a. The interior of the pipe shall be a light reflective color to facilitate closed circuit television inspection . b. The pipe material shall be listed by the Plastic Pipe Institute (PPI) in PPI TR-4 . The pipe material shall have as hydrostatic design basis of 1600 psi at 73 F and 800 psi at 140 F. c. The manufacturers certification shall state that the pipe was manufactured from one specific resin and shall state the resin used and its source. All pipe shall be made of virgin material. No rework, except that obtained from the manufacturer's own production of the same formulation, shall be used. d. Pipe supplied under this specification shall have a nominal Ductile Iron Pipe Size inside diameter. The Standard Dimension Ratio (SOR) and _ minimum pressure rating of the pipe shall be SOR 17 -100 psi. Pipe with a lower SOR ratio and higher pressure rating may be used in lieu of the minimum specified. 2. Tests: The Contractor shall be required to send submittals to the City of Fort Worth on the production material. a. The pipe manufacturer shall provide certification that ~amples of the production product meets these specifications. The certification will state that production product has been tested in accordance with ASTM 02837, and validated in accordance with the latest revision of PPI TR-3. b. The pipe manufacturer shall provide certification that stress regression testing has been performed on the specific product. Certification shall include a stress life curve per ASTM 02837 and testing shall have been performed in accordance with ASTM 02837. c. Rejection: Polyethylene plastic pipe and fittings may be rejected for failure to meet any of the requirements of this specification. C. SEWER SERVICE CONNECTIONS: 1. 2. 10123/08 Sewer Service Connections: Sewer service connections shall be connected to the new pipe by mechanical or fusion methods. Once the saddle is secured, a hole shall be drilled in the pipe the full inside diameter of saddle outlet. Pipe Saddles: Mechanical saddles shall be made of polyethylene pipe compound that meets the requirements of ASTM 01248, Class C, have stainless steel straps and fasteners, neoprene gasket and backup plate. Mechanical saddles shall be Strap-on-Saddle Type as manufactured by Driscopipe or Tapping Saddle manufactured by DuPont, or approved equal. Fusion saddles shall be electrofusion branch saddles as manufactured by Central Plastics Company, or approved equal. ASC-6 PART DA -ADDITIONAL SPECIAL CONDITIONS 3. Connection to Existing Service: Connections to the existing sewer service connections pipe shall be made using flexible couplings. All flexible couplings shall conform to ASTM C425 and shall be as manufactured by Femco Joint Sealer Co., DFW Plastics, Inc. or approved equal. Backfill at service connections shall be cement stabilized sand (2 sacks per cubic yard) to a point 12 inches above the service lateral to trench intersection and shall be in accordance with these specifications. The Contractor shall, upon request, permit the Engineer to take elevations on bath the existing and new portions of the service connection pole to determine final grade and invert elevations. Elevation changes greater than 0 .10 feet from the house lateral piping and shall be reconnected as directed by the Engineer. 4 . Service Interruptions: Service interruptions to homes shall not exceed 18 hours. D. PREPARATION : 10123/08 1. Bypassing Sewage: 2. 3. a. The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. b. The Contractor shall be responsible for continuity of sanitary sewer service to each facility connected to the section of sewer during the execution of the work. If sewage backup occurs and enters buildings, the Contractor shall be responsible for clean-up, repair, property damage costs and claims. Line Obstructions: If pre-installation (TV) inspection reveals an obstruction in the existing sewer (heavy solids , dropped joints, protruding service taps or collapsed pipe) which will prevent completion of the pipe bursting/crushing process, and cannot be removed by conventional sewer cleaning equipment, then an obstru.ction removal shall be made by the Contractor, with the approval of the Engineer. Sags in Sewer Line: ALL SAGS AND GRADE PROBLEMS IN EXISTING SEWER LINES SHALL BE CORRECTED AS PART OF THIS CONTRACT. If the pre- construction television inspection reveals a sag in the sewer line, the Contractor shall be responsible for bringing the proposed sewer pipe to an acceptable grade without a sag. A sag is defined as any sewer line segment mare than 3 feet in length which ponds water in the absence of sewage flow. The contractor shall take the necessary measures to eliminate the sag by the method of: pipe replacement, digging a sag elimination pit and bringing the bottom of the pipe ASC-7 PART DA -ADDITIONAL SPECIAL CONDITIONS trench to a uniform grade in line with the existing pipe invert or by other measures that shall be acceptable to the Engineer and the City. a. Identification of Sags: Sags shall be identified by television inspection in the absence of sewage flow. If available, the Contractor shall be furnished television tapes from the City identifying the sag location. Flow shall be blocked at an upstream manhole and diverted to another sewer line or downstream manhole below the segment of pipe to be inspected . TV inspection shall be performed in accordance with television inspection of sanitary sewer lines. Video tapes shall be submitted to the City for review. b. Correction of Sags: Sags shall be corrected by open cut and by adding additional bedding material to bring the sag back to grade where access is available. For pipe enlargement methods, all sags identified on the pre- construction video tapes shall be corrected prior to commencing with pipe enlargement. In instances where sags are located under existing structures, the existing sewer line may be relocated using open cut or boring methods. The City shall specifically review potential relocation's and evaluate the constructability, economics and engineering feasibility prior to construction work. c. Measurement and Payment: Measurement and payment to correct sags shall be per linear foot of pipe construction to correct the sag. Far pipe bursting methods, open-cut or bore construction, the applicable bid prices in the proposal section shall apply. · 4. Television Inspection: Inspection of the pipelines shall be performed by experienced personnel trained in locating breaks. obstacles and service connections by closed circuit color television . Television inspection shall be in accordance with the specifications contained herewith for "Pre-and Post- Construction Television Inspection of Sanitary Sewer Lines", Part D -Special Conditions 0-35 and D-38, respectively. E. PIPE ENLARGEMENT SYSTEM AND PIPE INSTALLATION: 10123/08 1. Site Organization: a. b. C. Insertion or access pits shall be located such that their total number shall be minimized and the length of replacement pipe installed in a single pull shall be maximized. Existing manholes shall be utilized wherever practical. Manhole inverts and bottoms may be removed ta permit access for installation equipment. Equipment used to perform the work shall be located away from buildings so as not to create a noise impact. Provide silencers or other devises to reduce machine noise as needed to meet requirements. ASC-8 10123108 PART DA -ADDITIONAL SPECIAL CONDITIONS d . The actual pipe enlargement procedure shall commence prior to 11 :00 AM in order to afford the contractor ample time to complete all related work within the allotted workday, which is defined as the hours between 7 :00 AM and 6:00 PM, so as not to impose on the peace and comfort of persons in the immediate vicinity . No actual pipebursting work shall be started after 11 :00 AM; all actual pipebursting activity shall cease at 6:00 PM. Other activities other than the actual pipebursting may continue after 6:00 PM . 2. Finished Pipe: The installed replacement pipe shall be continuous over the entire length of each pipe segment from manhole to manhole and shall be free from visual defects such as foreign inclusions, concentrated ridges, discoloration, pitting, varying wall thickness, pipe separation, other deformities. Replacement pipe with gashes, nicks, abrasions , or any such physical damage which may have occurred during storage and/or handling , which are larger/deeper than 10% of the wall thickness shall not be used and shall be removed from the construction site . The replacement pipe passing through or terminating in a manhole shall be carefully cut out in a shape and manner approved by the Engineer. The invert and benches shall be streamlined and improved for smooth flow. The installed pipe shall meet the leakage requirements of the pressure test specified later. 3. Pipe Jointing: a. Sections of polyethylene replacement pipe shall be assembled and joined on the job site above the ground. Jointing shall be accomplished by the heating and butt-fusion system in strict conformance with the manufacturer's printed instructions. b. The butt-fusion system for pipe jointing shall be carried out in the field by operators with prior experience in fusing polyethylene pipe with similar equipment using proper jigs and tools per standard procedures outlined by the pipe manufacturer. These joints shall have a smooth, uniform, double rolled back bead made while applying the proper melt, pressure, and alignment. It shall be the sole responsibility of the Contractor to provide an acceptable butt-fusion joint. All joints shall be made available for inspection by the Engineer before insertion . The replacement pipe shall be joined on the site in appropriate working lengths near the insertion pit. The maximum length of continuous replacement pipe which shall be assembled above ground and pulled on the job site at any one time shall be 600 linear feet. c. Far situations where the replacement pipe is not pulled all the way ta the manhole or if it is impossible to pull the missle all the way through , the following shall apply: At the direction of the Engineer, a 12"-18" full circle steel clamp shall be utilized to connect segments of the HOPE pipe. 4 . New Pipe Installation : a. Thread winch cable or chain and associated lines through sewer section to be rehabilitated. Keep lines away from pedestrian and vehicular traffic. ASC-9 10/23108 PART DA -ADDITIONAL SPECIAL CONDITIONS b. Existing manholes may be used for launch and receiving access. Remove manhole invert and bottom as required. Pull winch chain through sewer section and attach to cutter and machine head. Lower into launching manhole, apply winch tension pulling the cutter and head into the sewer until the rear of the machine is flush with the manhole wall. Attach steel starter pipe and advance assembly until the rear of the steel starter pipe is flush with the manhole walL Lower hydraulic jack into the manhole and align. Insert new pipe by simultaneous operation of the jack and winching the cutter and head forward. 5. Anchoring New Pipe and Sealing Manholes: a. After the new pipe has been installed in the entire length of the sewer section, anchor the pipe at manholes. The new pipe shall protrude in the manholes for enough distance to allow sealing and trimming. b. Sealing the new pipe at manholes shall not begin for a minimum of ten (10) hours after installation. Provide a flexible gasket connector in the manhole wall at the end of the new pipe, centered in the existing manhole wall. Grout flexible connector in the manhole, filling all voids the full thickness of the manhole wall. c. Restore manhole bottom and invert 6. Field Testing: a. Low Pressure Air Test of Replacement Pipe: After a manhole-to-manhole section of sanitary sewer main has been pipe burst/crushed and prior to any service lines being connected to the replacement pipe, the pipe shall be plugged at each manhole with pneumatic plugs. The design of the plugs shall be such that they will hold against the test pressure without requiring external blocking or bracing. One of the plugs shall have three air hose connections; one for the inflation of the plug, one for reading the air pressure in the sealed line, and one for introducing air into the sealed line. Low pressure air shall then be introduced into the sealed line until the internal air pressure reaches 4.0 psig greater than the average back pressure resulting from any ground water that may be over the pipe. At least two minutes shall elapse to allow the pressure to stabilize. The time required for the internal pressure to decrease from 3.5 to 2.5 psig greater than the average back pressure resulting from any ground water that may be over the pipe, shall not be less than the time shown for a given pipe diameter in the fallowing table: · Carrier Pipe Minimum Elapsed Diameter (inches) Time (minutes) 8 4 10 5 12 6 15 7 ASC-10 PART DA -ADDITIONAL SPECIAL CONDITIONS b. Post-Construction Television Inspection of New Pipe : Refer to Special .Condition for Post-Construction Television Inspection of Sanitary Sewer. F. MEASUREMENT AND PAYMENT: 1. Pipe Installation : Pipe installation will be measured for payment by the linear foot of pipe actually installed in the various diameters of sewers measured along the centerline of the sewer from centerline to centerline of manholes. Payment will be made for the quantities measured at the unit price per linear foot for the various sewer diameters listed . 2 . Service Reconnections: Installation of sewer service connections will be measured for payment by each actually reconnected to the installed pipe . Payment will be made for the quantities measured at the unit price per each listed. Payment shall include required excavation and backfill, saddles, flexible connections , and all other incidentals necessary to successfully reconnect sewer service lines to the rehabilitated sewer. Payment shall not include pavement replacement, which if required, shall be paid separately . 3. Sewer Cleaning by B~cket Machine: Heavy cleaning requiring more than hydraulic jet cleaning shall be performed by bucket machines. The payment for such cleaning shall be included in the bid item for Pre-Construction Television Inspection of Sanitary Sewer Lines . 4 . By-pass Pumping : The Contractor shall provide diversion far the flow of sewage around the section or sections of pipe designated for rehabilitation. The pumps and by-pass lines shall be of adequate capacity and size to handle all flows . All costs for by-pass pumping required during installation of the pipe shall be subsidiary to pipe enlargement. 5 . Subsidiary Work: Any damage to utilities and property, resulting repa irs, temporary service costs, etc. shall be borne by Contractor. Repair and/or replacement of fences, sprinkler system piping and other such restoration work resulting from Contractor activities shall be considered subsidiary to the cost of the project and no additional payment will be allowed . 6 . Testing: All cost for testing the replacement pipe by a pressure method will be incidental to pipe installation. DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT A. GENERAL: 1. 2 . 10/23/08 Furnish materials and necessary accessories. with strengths, thickness, coatings, and fittings indicated, specified and/or necessary to complete the work. 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 carr ier conduit to be installed to proper line and grade as shown on the Plans and as established in the Specifications. ASC -11 PART DA -ADDITIONAL SPECIAL CONDITIONS 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 636.10 and the following: a. Field Strength: 35,000 psi minimum. b. Wall thickness: 0.312 in. minimum (0.5 for railroad crossings). c. Diameter: As shown on the drawings (minimum size requirements). d. Joints: Continuous circumferential weld in accordance with AWS D1 .1. - 2. Carrier Pipe in Casing: Carrier pipe shall be as shown on drawings and as specified in the General Contract Documents. 3. Sewer Pipe without Casing Pipe: Shall be minimum Class 51 ductile iron pipe, or as designated on the plans. 4. Grout: Grout shall be Portland Cement grout of min. 2000 psi compressive strength at 28 days. Proportioned not less than 1 cu. ft. of cement to 3 cu. ft. of fine sand with sufficient water added to provide a free flowing thick slurry. C. EXECUTION 10/23108 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. b. 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 far 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. The location of the pit shall meet the approval of the Engineer. ASC-12 10123/08 PART DA -ADDITIONAL SPECIAL CONDITIONS c. The pits of trenches excavated to facilitate these operations shall be backfilled immediately after the casing and carrier pipe installation has been completed. 3. Boring and Jacking Steel Casing Pipe: Steel casing pipe shall be installed by boring hole with the earth auger and simultaneously jacking pipe into place. a . The boring shall proceed from a pit provided for the boring equipment and workmen. The holes are to be bored mechanically. The boring shall be done using a pilot hole. By this method an approximate 2-inch hole shall be bored the entire length of the crossing and shall be checked for line and grade on the opposite end of the bore from the work pit. This pilot hole shall serve as the centerline of the larger diameter hole to be bored. Other methods of maintaining line and grade on the casing may be approved if acceptable to the Engineer. Excavated material shall be placed near the top of the working pit and disposed of as required. The use of water or other fluids in connection with the boring operation will be permitted only to the extent required to lubricate cuttings. Jetting or sluicing will not be permitted . b. In unconsolidated soil formations, a gel-forming colloidal drilling fluid consisting of at least 10 percent of high grade carefully processed bentonite may be used to consolidate cuttings of the bit, seal the walls of the hole, and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. c. Allowable variation from the line and grade shall be as specified under paragraph A.2 . All voids between bore and outside of casing shall be pressure grouted. 4. Installation of Carrier Pipe in Casing: a. b. C. d. 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. 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. 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. 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 tao much water is forced into the casing so as not to float the pipe. The backfill material will not be required unless specified an the plans and specified by the Engineer. ASC-13 PART DA -ADDITIONAL SPECIAL CONDITIONS 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 an the drawings, the contractor shall provide a casing pipe if necessary to achieve line and grade. Casing pipe shall be provided at no additional cost and shall be subsidiary to the cost bid for installation By Other than Open Cut c. Bore and jack in accordance with paragraph C.3. above. d. Short length of sewer consisting of a single pipe section may be installed_ by jacking without a bore hole if permitted by the Engineer and in soft soil layer. All voids outside of installed pipe shall be pressure grouted. 6. Tunneling: Where the characteristics of the soil, the size of the proposed pipe, or the use of monolithic sewer would make the use of tunneling more satisfactory than jacking or boring, or when shown on the plans, a tunneling method may be used, with the approval of the Engineer or railroad/highway officials. a. When tunneling is permitted, the lining of the tunnel shall be of sufficient strength of support the overburden. The Contractor shall submit the proposed liner method to the Engineer for approval. The tunnel liner design shall bear the seal of a licensed professional engineer in the State of Texas. Approval by the Engineer shall not relieve the Contractor of the responsibility for the adequacy of the liner method . b. The space between the tunnel liner and the limits of excavation shall be pressure grouted or mud-jacked. c. Access holes for placing concrete shall be space at maximum intervals of 10 feet D. MEASUREMENT AND PAYMENT: Installation of pipe by other than open cut will be measured by the linear foot of pipe, complete in place. Such measurement will be made between the ends of the pipe along the central axis as installed . The work performed and materials furnished as prescribed by this item will be paid for at the Contract Unit Price bid per linear foot for Pipe Installed by Other Than Open Cut of the type, size, and class of pipe specified as shown on plans. The furnishing of all materials, pipe, liner materials required for installation, for all preparation, hauling and installing of same. and for all labor, tools, equipment and incidentals necessary to complete the work, including excavation, backfilling and disposal of surplus material shall be included in the Contract Unit Price as shown in the Bid Proposal. Payment shall not include pavement replacement, which if required, shall be paid separately. 1012310a ASC-14 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-7 TYPE OF CASING PIPE 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe , and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows : A. For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203 . B. Touch-up after field welds shall provide coating equal to those specified above . C. Minimum thickness for casing pipe used shall be 0 .375 inch . Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Campany, Advanced Products and Systems , Inc., or an approved equal shall be used on all non- concrete pipes when installed in casing . Installation shall be as recommended by the manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and Construction standard E2 -15 as per Fig. 110 of the General Contract Documents . 3. PAYMENT: Payment for all materials, labor, equ ipment, excavation , concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION A. GENERAL: 1012 3/08 1. Scope : This section governs all work, materials and testing required for the application of interior protective coating . Structures designated to received interior coating are listed on the construction drawings . The structures are to be coated, including interior wall, top and bench surfaces . Protective coating for corrosion protection shall meet the requirements of this Specification ( and items DA-14 and DA-15) and the Manufacturers recommendations and specifications . 2. Descript ion : The Contractor shall be responsible for the furnishing of all labor, supervision , materials , equipment , and testing required for the completion of protective coating of structures in accordance with manufacturer's recommendations. ASC-15 PART DA -ADDITIONAL SPECIAL CONDITIONS 3 . Manufacturer's Recommendations: Mater ials and p rocedures utilized for the lining process shall be in strict accordance with manufacturer's recommendations . 4 . Corros ion Protection : Corrosion protection may be required an all structures where high turbulence or h igh H2S content is expected. B. MATERIALS: 1. Scope: This section governs the materials required for completion of protective coating of designated structures. 2 . Protective Coating : The protective coating shall be a proprietary two component. 100 percent solids, rigid polyurethane system designated as Spray Wall as manufactured by Sprayroq , Inc. or a two-part epoxy resin system using 100% solids based epoxy binder with fibrous and flake fillers , is manufactured by Raven Lining systems and designated as Raven 405. 3. Specialty Cement (If required for leveling or filling): The specialty cement-based coating material shall be either Quadex QM-1 s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. 4 . Material Identification : The protective coating material sprayed onto the surface of the structure shall be a urethane or epoxy resin system formulated for the application to a sanitary sewer environment. The spray system shall exhibit the minimum phys ical properties as follows: Property Tensile Strength Flexural Stress Flexural Modulus Standard ASTM D-638 ASTM D-790 ASTM D-790 Long Term Value 5 ,000 psi 10,000 psi 550,000 ps i 5 . Mixing and Handling : Mixing and Handling of specialty cement material and protective coating material , which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and a re not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Only personnel thoroughly familiar w ith the handling of the coating material shall perform the spray coating operations and coating installations. C . EXECUTION: 1. 2 . 10123/08 General: Protective coating shall not be installed until the structure is complete and in place. Preliminary Repairs: ASC-16 PART DA -ADDITIONAL SPECIAL CONDITIONS a. All foreign materials shall be removed from the interior of the structure using high pressure water spray (3500 psi to 4000 psi at spray tip). b. All unsealed lifting holes, unsealed step holes, and voids larger than approximately one-half (1/2) inch in thickness shall be filled with patching compound as recommended by the material supplier for this application. C. After all repairs have been completed , remove all loose material. 3. Protective Coating : a. The protective coating shall be applied to the structure from the bottom of the frame to the bench, down to the top of the trough. The top of the structure shall also be coated. b. The protective coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. 1) The surface shall be thoroughly cleaned of an foreign materials and matter. 2) Place covers over the invert to prevent extraneous material from entering the sewers . 3) If required for filling or leveling , apply specialty cement product to provide a smooth surface for the coasting material. 4) Spray the urethane or epoxy onto the structure wall and bench/trough to a minimum uniform thickness of 125 mils (0.125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. After the walls are coated, the wooden bench covers shall be removed . 5) The final application shall have a minimum of three (3) hours cure time or be set hard to the touch, before being subjected to active flow. 6) No applications shall be made to frozen surfaces or if freezing is expected to occur inside the structure within 24 hours after application. 4. Testing of Rehabilitated Manholes: Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with the Section D-36 -VACUUM TESTING OF SANITARY SEWER MANHOLES. D. MEASUREMENT AND PAYMENT: Payment shall be based on the Contract Unit Price · Bid per vertical foot, measured from the bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full far performing the work and for furnishing all labor, supervision , materials , equipment and material testing required to complete the work . Pressure grouting , if necessary to stop active infiltration prior to application of the 1012310a ASC-17 - PART DA -ADDITIONAL SPECIAL CONDITIONS protective coating, shall be included in the above unit price. Grouting of the pipe seals, bench and trough, and lower portion of a particular structure, if required by the Engineer. shall be paid for separately, as specified in Section DA-10, MANHOLE REHABILITATION. DA-14 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM A. GENERAL 1. Scope This section governs all work, materials and testing required for the application of interior manhole coating. Manholes designated for interior coating are listed on the Manhole Rehabilitation Schedule. Interior manhole coating shall meet the requirements of this Section or of Section DA-12, DA-13, DA-15, DA-16 or DA-17. 2. Description The Contractor shall ~ responsible for the furnishing of all labor, superv1s1on, materials, equipment, and testing required for the completion of interior coating of manholes in accordance with the Contract Documents. 3. Manufacturer's Recommendations Materials. mixture ratios, and procedures utilized for the coating process shall be in accordance with manufacturers recommendations. 4 . Manholes Manholes ta be coated are of brick, block, or concrete construction. All manholes shall have a minimum of one-half (1/2) inch specialty cement-based coating material (Quadex QM-1 s or Reliner MSP) sprayed or trowelled on coating over the original interior surface. B. MATERIALS 10/23108 1. Scope This section governs the materials required for completion of interior coating of manholes. 2. Interior Coating The interior coating shall be a proprietary two component, 100 percent solids, rigid polyurethane system designated as Spray Wall as manufactured by Sprayroq, Inc. 3. Specialty Cement The specialty cement-based coating material shall be either Quadex QM-1s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. ASC-18 PART DA -ADDITIONAL SPECIAL CONDITIONS 4 . Material Identification The interior manhole coating material sprayed onto the surface of the manhole shall be a urethane resin system formulated for the application to a sanitary sewer environment. The spray system shall exhibit the physical properties as follows: Property Tensile Strength Flexural Stress Flexural Modulus 5 . Mixing and Handling Standard ASTM D-638 ASTM D-790 ASTM D-790 Long Term Value 5,000 psi 10,000 psi 550,000 psi Mixing and handling of specialty cement material and interior coating material, which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard -to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Only personnel thoroughly familiar with the handling of the coating material shall perform the spray coating operations and coating installations. C . EXECUTION 10123/08 1. General Manhole coating shall not be installed until sealing of manhole frame and grade adjustments, or partial manhole replacement when required for the manhole per the Manhole Rehabilitation Schedule, is complete. 2. Temperature Normal interior coating operation shall be performed at temperatures of 40°F or greater. No application shall be made when freezing is expected within 24 hours. 3 . Interior Manhole Coating a. The interior coating shall be applied to the manhole from the bottom of the frame to the bench, down to the top of the trough. b. The interior coating shall be installed in accordance with the manufacturers recommendations and the following procedure. 1) The surface shall be thoroughly cleaned of all foreign materials and matter. Cleaning shall be accomplished by using high pressure water spray (minimum 3500 psi at spray tip), cleaning with muriatic acid , degreaser, or other solvents as needed in order to remove any film or residue on the surface. ASC-19 PART DA -ADDITIONAL SPECIAL CONDITIONS 2) Place covers over the invert to prevent extraneous material from entering the sewers . 3) Apply a minimum of one-half (1 /2) inch specialty cement product (Quadex QM-1s or Reliner MSP) smooth surface for the urethane coating material. 4) Spray the urethane onto the manhole wall and bench/trough with a minimum thickness of 125 mils (0 .125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. 5) Coat trough are,a with specialty cement product (Quadex QM-1 s or Reliner MSP). 1. Testing of Rehabilitated Manholes a. Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with Section DA- 21. D. MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per vertical foot, measured from the bottom of the frame to the top of the bench . The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision , materials, equipment and material testing required to complete the work. Grouting, if necessary, shall be included in the above unit price. Grouting of the pipe seals, bench and trough, and lower portion of a particular manhole, if required by Manhole Rehabilitation Work Schedule or required to be done by the Engineer, shall be paid for separately at the Contract Unit Price. DA-15 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM A GENERAL 10123/08 1. Scope This section governs all work, materials and testing required for the application of interior manhole coating . Manholes designated for interior coating are listed of the Manhole Rehabilitation Schedule, listed in Section I. Interior manhole coating shall meet the requirements of this Section, or of Section DA-12 , DA-13, DA-14, DA-16 or DA-17. 2 . Description 3. The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of interior coating of manholes in accordance with the Contract Documents. Manufacturer's Recommendations ASC-20 PART DA -ADDITIONAL SPECIAL CONDITIONS Materials, mixture ratios , and procedures ut ilized for the coating process shall be in accordance with manufacturer's recommendations. 4. Manholes Manholes to be coated are of brick, block, or concrete construction . All manholes shall have a minimum of one-half (1/2) specialty cement-based coating material (Quadex QM-1 s or Reliner MSP) sprayed or trowelled on coating over the original interior surface. B. MA TE RIALS 1. Scope This section governs the materials required for completion of interior coating of manholes. 2 . Interior Coating Raven Ultra High-Build epoxy Coating, a two-part epoxy resin system using 100% solids based epoxy binder with fibrous and flake fillers, is manufactured by Raven Lining systems and designated as Raven 405. 3 . Specialty Cement The specialty cement-based coating material shall be either Quadex QM-1s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. 4. Material Identification Contractors will completely identify the types of grout, mortar, sealant, and/or root control chemicals proposed and provide case histories of successful use or defend the choice of grouting materials based on chemical and physical properties, ease of application, and expected performance. These grouting materials shall be compatible with Raven 405 interior coating . The contractor shall be responsible for getting approval from Raven Lining systems and/or the grout manufacturers for the use of these grouting materials. 5. Mixing and Handling Mixing and handling of interior coating, which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Coating shall be performed only by certified applicators approved by the manufacturers. C . EXECUTION 1. General 10/23108 ASC-21 10/23108 PART DA -ADDITIONAL SPECIAL CONDITIONS Manhole coating shall not be performed _until sealing of manhole from frame and grade adjustments , partial manhole replacement , manhole grouting or sewer replacement/repairs are complete . 2. Temperatures Normal interior coating operation shall be performed at temperatures of 40°F or greater. No application shall be made when freezing is expected within 24 hours. 3 . Interior Manhole Coating a. Manholes scheduled for interior coating are shown on the Manhole Rehabilitation Schedule. The interior coating shall be applied to the manhole from the bottom of the manhole frame to the bench/trough, including the bench/trough . b. The interior coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. 1) 2) 3) 4) 5) 6) The surface preparation shall comply with the requirements of Section DA-11 , SURFACE PREPARATION FOR MANHOLE RESTORATION . Apply a minimum of one-half (1/2) inch specialty cement-based product -{Quadex QM-1 s or Reliner MSP) smooth surface for the urethane coating material. The surface prior to application may be damp but shall not have noticeable free water droplets seeping or running water. Material shall be spray applied per manufacturer's recommendations with a minimum thickness of 125 mils (0 .125 inch). After the walls are coated, the wooden bench covers shall be removed and the bench sprayed to the same average and minimum thickness as required for the walls. The final application shall have a minimum of three {3) hours cure time or be set hard to the touch , before being subjected to active flow. No applications shall be made to frozen surfaces or if freezing is expected to occur inside the manhole within 24 hours after application. 4 . Testing of Rehabilitated Manholes a. After the epoxy liner has set {hard to touch), all visible pinholes shall be repaired . Repairs shall be made by lightly abrading the surface and brushing the lining material over the area . All blisters and evidence of uneven cover ASC-22 PART DA -ADDITIONAL SPECIAL CONDITIONS shall be repaired according to the manufacturer's recommendations. Spot check of coating thickness may be made by Owner's Representative, and the contractor shall repair these areas as required, at no additional cost to the Owner. b. Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with Section DA- 21 -VACUUM TESTING OF REHABILITATED MANHOLES. D. MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per vertical foot. measured from the bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment all testing necessary to complete the work. Payment for grouting of pipe seals, bench and trough and manhole walls shall be based on the Contract Unit Price for each manhole actually grouted. DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING A. GENERAL: 10123/08 Where known by the design engineer, the locations of potentially petroleum contaminated material (soil) that may be encountered during excavation and/or construction activities will be shown on the plans. For all locations where material is excavated and suspected of being contaminated with petroleum products, whether known or not, these special conditions are to be followed. The contractor is also to follow all applicable Federal. State and Local regulations when handling known or suspect contaminated materials (soils). 1. WORK INCLUDED a. Excavation, stockpiling and testing of Potentially Petroleum Contaminated Material. b. Removal, testing, and disposal of petroleum contaminated groundwater. c. Obtaining and paying for required permits. d. Hiring of qualified environmental professional consultant(s). Contractor will be required to submit the environmental consultant's experience and qualifications to the City prior to beginning work in areas of Potentially Petroleum Contaminated Material. e. Hiring of qualified environmental sampling professionals that will collect and submit samples to the applicable City of Fort Worth testing laboratory. The City of Fort Worth's Department of Environmental Management for coordination of laboratory testing. 2. REFERENCES a. All applicable OSHA regulatory requirements. ASC-23 PART DA -ADDITIONAL SPECIAL CONDITIONS b. All applicable Environmental Protection Agency (EPA) regulatory requirements. c. All applicable State of Tex.as regulatory requirements . d. All applicable City of Fort Worth (City) regulatory requirements . e. All applicable NIOSH standards. f. All applicable TNRCC requirements. 3. SUBMITTALS a. The contractor shall prepare and submit to the City 's Department of Environmental Management, Senior Specialist in Compliance, plans for handling Potentially Petroleum Contaminated Material (PPCM) not less than 30 days prior to commencing excavation. b. The Contractor shall take necessary precautions while performing this project Contractor shall not commence PPCM work (1) Contractor's submittal for dealing with PPCM is reviewed by the Gity and (2) the plans (i.e., drawing and description) for discharging any treated liquid into the storm sewer or sanitary sewer are reviewed by the City (3) and acceptable stockpile area is identified by the Contractor. c. Contractor shall submit the name of his proposed qualified environmental professional consultant(s) and proposed PPCM Handling Plan to the City . The PPCM Handling Plan shall include the detailed sequence of construction including proposed excavation and handling methods, proposed carriers for contaminated materials, waste disposal site, and a list of any permits that may be required for PPCM handling or contaminated materials disposal. The above data must be compiled and arranged in a format that is acceptable to the Texas Natural Resource Conservation Commission (TNRCC). d. Contractor shall submit actual limits of PPCM excavation, as prepared by his qualified environmental consultant(s) and testing lab. e .. Contractor shall submit for review the proposed carrier pipe material to be used with the actual limits of PPCM excavation, including pipe gasket and carrier pipe coating or liner. B. PRODUCTS: 1. PIPE GASKET MATERIAL. Materials used within the actual limits of PPCM excavation , including pipe gaskets, shall be resistant to petroleum hydrocarbon deterioration. C. EXECUTION: 10123108 1. POTENTIALLY PETROLEUM CONTAMINATED AREAS a. Areas suspected of having petroleum contaminated material (soils) are shown in on the engineering drawings . ASC-24 10/23/08 PART DA -ADDITIONAL SPECIAL CONDITIONS b. In areas other than those noted on the plans and where potentially petroleum contaminated materials are either detected or suspected, the City of Fort Worth and - the Engineer should be notified immediately and the work should proceed in accordance with this section. 2 . SCREENING POTENTIALLY PETROLEUM CONT AMINA TED AREAS a. Care should be taken during all excavation and dewatering activities to identify areas potentially contaminated by petroleum. b. When a petroleum odor is encountered during excavation or when there is visual evidence of potentially petroleum contaminated soil , the Contractor shall notify the Engineer without delay. c. The Contractor shall have retained the services of an environmental consultant who shall . be present at the site to screen suspect soil with a photo~ionization detector (PIO) or a flame ionization detector (FID). A reading of 20 ppm above ambient conditions or greater on PIO or FID tested soil sample will be considered potentially petroleum contaminated . The soul sample should be a recent sample from the excavation face. The sample should be stored in a laboratory supplied glass jar with a teflon gasket lined lid. The City of Fort Worth Department of Environmental Management will be notified prior to all sample collection and submittal to the current testing laboratory identified by the City. The PIO or FID tests should be performed in a confined location. Soils producing a reading of less than 20 ppm above ambient will not be considered potentially petroleum contaminated. The PIO or FID shall be calibrated according to manufactures instructions. d. Water encountered during excavation or dewatering shall be considered to be potentially contaminated if there is a visible sheen, a hydrocarbon odor, adjacent soil that appears visually to be contaminated by hydrocarbons or at any time the Contractor has reason to believe that hydrocarbon contamination may have occurred. The Contractor shall immediately notify the City and the TNRCC whenever contaminated water is encountered. a. The Contractor shall contact the City whenever contamination from any source is suspected . 3. HANDLING POTENTIALLY PETROLEUM CONTAMINATED SOIL (PPCS) a. Contractor shall coordinate with the City to determine a suitable location for the stockpiling of contaminated soil. The following procedure shall be followed in preparing the chosen site: 1. Provide a diked enclosure large enough to hold all material and prevent runoff. 2. The diked area shall be lined with 20-30 mil plastic tp prevent seepage into the existing soil. 3. At the end of each work day. Contractor shall completely cover stockpile with 20 mil plastic. During the day , the Contractor shall keep the stockpile covered, as necessary, to prevent release of contaminated materials due to rain or wind . ASC-25 10123/08 PART DA -ADDITIONAL SPECIAL CONDITIONS 4. Sampling and evaluation of materials will be performed at the Contractor's expense . (The City of Fort Worth will provide laboratory services) b. PPCS shall be handled, tested , observing all standard chain-of-custody procedures and sampling preservation and analyses shall conform to published and recognized standards. c. The stockpiled PPCS shall be sampled and tested every 50 cubic yards for Total Petroleum Hydrocarbons (TPH) (TX1005) and Benzene, Toulene, Ethylbenzene and Xylene (BTEX) (EPA 8020). All test results will be forwarded to the City of Fort Worth Department of Environmental Management. d. Contaminated soil identified by test results will be disposed of according to DA-36 , Loading, Transportation, and Disposal of Contaminated Soil. e. It is the intent of the City of Fort Worth that uncontaminated soils be utilized as backfill material, if the soils also meet the Type C or B backfill classifications . 4. HANDLING POTENTIALLY PETROLEUM CONTAMINATED WATER (PPCW) a. Water pumped from the excavation or from dewatering activities that has an oily sheen , a hydrocarbon odor. or is otherwise suspect, shall be considered potentially petroleum contaminated. b. PPCW shall be handled , tested , and discharged in accordance with the TNRCC's appropriate state regulation. PPCW shall be tested no later than 15 days prior to extraction. PPCW shall. if necessary, be treated in an appropriately sized oil/water separator, air stripper or GAC canisters. Contractor shall have his testing laboratory determine that the oil/water separator treated discharge is within the limits established by the TNRCC's regulations before being allowed to discharge (discharge to sanitary sewer). Contractor shall be responsible for furnishing the effluent test reports to the City . c. Alternatively, the Contractor may dispose of contaminated water, after appropriate pretreatment, into the sanitary sewer collection system. It shall be the responsibility of the Contractor to obtain the necessary permit(s) and to perform all testing required by the City of Fort Worth Pretreatment Services Division . d. All treated water shall be discharged into a Contractor supplied Frac Tank , sampled, and analyzed before discharge into the sewer system. e. The product that is recovered shall be disposed of in accordance with all applicable regulations . Any phase separate product recovered from the oil/water separator and air stripper shall be transported in accordance with Department of Transportation rules and regulations for flammable products. When transporting · product for disposal, transportation shall also be performed by a licensed carrier. The Contractor is responsible for proper manifesting of the material from the site to the waste disposal facility . Completed Manifests shall be returned to the City Department of Environmental Management within 90 days of shipment. ASC-26 PART DA -ADDITIONAL SPECIAL CONDITIONS 5. HANDLING VAPOR CONCENTRATIONS a. In order to maintain safe working conditions, the vapor concentrations should not exceed 20 percent of the Lower Explosive Limit (LEL). During construction, measures should be taken to maintain LEL levels below 20 percent in all working areas. b. To monitor vapor levels and oxygen levels a combustible gas indicator (CGI) w ith a LEU02 meter should continuously operate in the working area. The CGI should be properly calibrated and should have an alarm that sounds if 20 percent LEL is reached. Monitoring data from the GCI should be recorded periodically to determine if ventilation or other methods are effective. In the event local health and safety agencies require more stringent monitoring, the local regulations must be implemented. D. MEASUREMENT AND PAYMENT: Payment for handling PPCS , PPCW and Vapor Concentrations , obtaining and paying for any permits required , hiring the services of a qualified professional environmental consultant(s). environmental issues, stockpiling and all issues included and incidental to this section will be full compensation for all labor, equipment, materials, and supervision. Measurement and Payment for this section will be per linear foot of trench excavated where the excavated material is handled as a contaminated material. No separate payment will be made for handling of contaminated water, vapor concentrations , sampling , stockpiling , etc. DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL A. GENERAL: This item has been established for the loading, transportation and disposal of contaminated soils in a State of Texas approved disposal site (landfill) to handle special wastes (petroleum contaminated soils}. A bid item has been established in the proposal for the proper loading, transportation and disposal of the material to a designated site and the quantity established is the engineers best estimate of the quantity that may be removed. This quantity may vary depending upon actual conditions and testing results. The unit price bid will not be increased regardless of the actual amount of material disposed and may be decreased if a larger volume of material , than that listed in the bid proposal, results in a unit cost reduction for disposal. B. WASTE MANIFESTS: 10123/08 Any and all non-hazardous liquid and petroleum substance waste removed from the site of generation and transported for treatment and/or disposal must be accompanied by a waste shipment record/manifest detailing required generator, transported, destination and waste description information. These results may not be uniform throughout the entire site. For all petroleum substance waste, the waste shipment record utilized shall be the TNRCC PETROLEUM-SUBSTANCE WASTE AFFIDAVIT (Form TWC-0332}. The Contractor shall be responsible for obtaining , originating and ma intaining manifests in accordance with federal and state laws . The Contractor shall sign the manifests forms as Independent Contractor to the Owner. AUTHORIZATION OF PAYMENT FOR ASC-27 PART DA -ADDITIONAL SPECIAL CONDITIONS REMOVAL TRANSPORT AND TREATMENT / DISPOSAL OF WASTES IN CONTINGENT UPON RECEIPT BY THE ENGINEER OF FULLY COMPLETED AND SIGNED MANIFEST FORMS that are in agreement with regard to the type and amount of waste removed from the site and received by the treatment/disposal facility. The Contractor shall immediately resolve any manifest discrepancies. Completed Manifests shall be returned to the City Department of Environmental Management within 90 days of shipment. C. MEASUREMENT AND PAYMENT: Payment for this item shall be made per in place cubic yard of contaminated soils that are loaded, transported and disposed of in an approved special disposal site . No separate payment will be made for loading , transportation and disposal of contaminated ground waters collected; these costs considered subsidiary to DA-37 , POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING . The proposed landfill shall be included in the Contractor's bid submittal and approved by the City of Fort Worth Department of Environmental Management prior to contract award. Contractor shall be responsible for all landfill costs, including, but not limited to landfill fees, transportation costs and landfill operator requested analytical testing and waste characterization. DA-48 EASEMENTS AND PERMITS Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits , both temporary and permanent, that have not been obtained bt 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 property owners involved for the use of additional property required. No additional payment will be allowed for this item . DA-49 HIGHWAY REQUIREMENTS The Texas Department of Transportation requirements pertaining to the construction of this project are enclosed herein and made part of these specifications. DA-50 CONCRETE ENCASEMENT Concrete encasement shall be Class E ( 1500 psi) concrete and for sewer line encasements shall conform to Fig . 113; for water line encasements it shall conform to Fig. 20 of the General Contract Documents. Requirements. for such encasement are specified in Sections E1-20 and E2-20 of the General Contract Documents. 10/23108 ASC-28 PART DA -ADDITIONAL SPECIAL CONDITIONS Payment for work such as forming, placing, and finishing including all labor, tools, equipment and material necessary to complete the woFk shall be included in the linear foot price bid for Concrete Encasement. DA-56 SHOP DRAWINGS 1. Submit seven (7) copies of shop drawings, layouts , manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require . Such revi.ew by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the Engineer, which may result from his review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept , and that he demonstrates his understanding by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations, discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern. The Contractor shall be responsible for dimensions which are to be confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his work with that of other trades and satisfactory performance his work. The Contractor shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the application. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form. 2. Shop drawings shall be submitted for the following items prior to installation: All items submitted as "approved equal" Welded Steel Casing Casing Spacers 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: 10123108 (Project Manager) City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 ASC-29 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-64 WORK IN HIGHWAY RIGHT OF WAY When the Engineer directs the Contractor to perform work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (Tex-Dot), the Contractor shall obtain approval from the Texas Department of Transportation prior to commencing any work therein. All work performed in the Tex-Dot right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation and Item E2-29.1 "Construction Within Highway Right-of-Way" of the General Contract Documents and Specifications, effective July 1, 1978, as amended. 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. 10/23108 ASC-30 -11- SPECIFICATIONS - (Water Department) CITY OF FORT WORTH , TEXAS WATER DEPARTMENT ( January 1, 1978) All materials, construction methods and procedures used in this project shall conform to Sections E 1, E2 , and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet.) Sections E1 , E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes , the same as if copies verbatim herein , and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth . INDEX * CONTACT CITY OF FORT .WORTH FOR COMPLETE DOCUMENTS: E1 MATERIAL SPECIFICATIONS E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS - Revisions as of April 20, 1981 , follow : E1-2.4 Backfill : (Correct minimum compaction requirement to 95% Procter density and correct P.I. values as follows :) c. Additional backfill requirements when approved for use in streets : 1. Type 'B' Backfill (c) Maximum plastic index (Pl) shall be§ 2 . Type 'C' Backfill (a) Material meeting requirements and having a Pl of§ or less shall be considered as suitable for compaction by jetting . (b) Material meeting requirements and having a Pl of~ or more shall be considered for use only with mechanical compaction. E2-2.11 Trench Backfill: (Correct Minimum compaction requirement wherever it appears in this section to 95% Procter dens ity except for paragraph a.1 . where the "95% modified Procter density" shall remain unchanged.) G :\1210\3642-32\PROJECT\Specifications\Specifications 2008 Part 4\11 -Specs -Water.doc Page 1 of 1 -12- DETAILS (Water Department) TRENCH REPAIR LIMITS NOTES; 1. ALL EXISTING ASPHALT COURSE SHALL BE REPLACED TO THE ORIGINAL DEPTH . PLACE A MINIMUM OF 2" HMAC SURFACE COURSE (TYPE "D" MIX) TO MATCH EXISTING GRADE AS SHOWN. 2. PLACE A MIN. OF 8" 2: 27 CONCRETE AS SHOWN. 3 . FLOWABLE FILL MAY BE REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS AND IS OPTIONAL IN OTHER AREAS. IF FLOWABLE FILL IS REQUIRED, A SEPERATE PAY ITEM WILL BE PROVIDED FOR SUCH. 4 . ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUC'TlON. CITY OF FORT WORTH, TEXAS PERMANENT ASPHALT PAVEMENT TRENCH REPAIR DATE : 10-2007 STR-028 TRENCH RE;PAIR LIMITS NEW HMAC (SEE NOTE 4) NOTES; 1. CONCRETE BASE SHALL BE REPLACED TO ORIGINAL THICKNESS OR TO A MINIMUM THICKNESS OF 5", WHICHEVER IS GREATER. 2. IF STEEL EXISTS IN CONCRETE BASE TO BE CUT, THE STEEL SHALL BE CUT AND SALVAGE AS POSSIBLE. A MINIMUM LAP SPLICE DISTANCE OF 12" SHALL BE PROVIDED. 3. REINFORCED CONCRETE BASE WILL BE REPLACED OVER TRENCH, AS SHOWN, IN THE EVENT NON-REINFORCED CONCRETE BASE IS REMOVED. 4. ALL EXISTING ASPHALT COURSE SHALL BE REPLACED TO THE ORIGINAL DEPTH. PLACE A MINIMUM OF 2" HMAC SURFACE COURSE (TYPE "D" MIX) TO MATCH EXISTING GRADE AS SHOWN. CLASS 'A' REINFORCED CONCRETE BASE l.r'l'iiltfff'"'i.!.;--BACKFILL MA TERI AL PER DETAIL WTR-034 (SEE NOTE 6) 5. 2: 27 CONCRETE MAY BE DELETED IF HALF THE SPECIFIED THICKNESS OF 2: 27 IS ADDED TO THE CLASS "A" CONCRETE. 6. FLOWABLE FILL MAY BE REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS ANO IS OPTIONAL IN OTHER AREAS. IF FLOWABLE FlLL IS REQUIRED, A SEPERATE PAY ITEM WILL BE PROVIDED FOR SUCH, 7 . ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANDARD SPECIFlCATlONS FOR s·TREET AND STORM DRAIN CONSTRUCTION. CITY OF FORT WORTH, TEXAS DATE: 10-2007 PERMANENT ASPHALT PAVEMENT TRENCH REPAIR WITH EXISTING CONCRETE BASE STR-029 TRENCH REPAIR LIMITS NOTES; 1. PLACE A MINIMUM OF 2" HMAC SURFACE COURSE (TYPE "D" MIX) TO MATCH EXISTING HMAC PAVEMENT GRADE AS SHOWN . 2. PLACE COMPACTED FLEX BASE MATERIAL AS SHOWN. 3 . FLOWABLE FILL MAY BE REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS AND IS OPTIONAL IN OTHER AREAS. IF FLOWABLE FILL IS REQUIRED, A SEPERATE PAY ITEM WILL BE PROVIDED FOR SUCH. 4. ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCT! ON. CITY OF FORT WORTH, TEXAS TEMPORARY ASPHALT PAVEMENT TRENCH REPAIR DATE : 10-2007 STR-030 5' MIN . NOTES; CLASS 'A' REINFORCED CONCRETE PAVEMENT REPLACEMENT TO THE NEAREST JOINT OR CURB . EXISTING CONCRETE 1. FLOWABLE FILL MAY BE REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS AND IS OPTIONAL IN OTHER AREAS. IF FLOWABLE FILL IS REQUIRED, A SEPERATE PAY ITEM WILL BE PROVIDED FOR SUCH . 2. REINFORCED CONCRETE PAVEMENT SHALL BE REPLACED TO ORIGINAL DEPTH, OR TO A MINIMUM OF 6", WHICHEVER IS GREATER . 3. PLACE 6" OF 2: 27 CONCRETE AS SHOWN . 1" OF REINFORCED CONCRETE MAY BE SUBSTITUTED I FOR EVERY 2" OF 2: 27 CONCRETE. 4. REINFORCEMENT OF CONCRETE MUST MEET CITY STANDARD OR MATCH EXISTING, WHICHEVER IS GREATER. 5. ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CON STRUCllON . CITY OF FORT WORTH, TEXAS REINFORCED CONCRETE PAVEMENT TRENCH REPAIR DATE: 10-2007 STR-031 MANHOLE FRAME, COVER, GRADE RINGS AND CONCRETE COLLAR PER SAN-009 WITH "SEWER" CAST IN LID. 2 COATS OF BITUMAs·nc COATING JOINTS RECOA TED AFTER SECTIONS PUT TOGETHER APPLY INTERIOR CORRO ION PROTE llON AS REQUI D. ASTM C-76, CLASS Ill RCP PRECAST MANHOLE SECTIONS OR EQUAL. (REF. E2-14) REFER TO SAN-009 TRENCH WIDTH CONC. CRADLE TO EXTEND TO PIPE BELL 0-RING GASKETS @ JOINTS (TYP.) * * VARIES WITH PIPE DIA . + l SECTION A-A ~~ ~~ :.:!: .• 5 !" . ••. 1 ~, ·-::-:.------i 1-----... _::{ . .,. 4"::1:. A A ~;_:· USE 4000 PSI CONCRETE E1-14 MA TERI AL E2-14 CONSTRUCTION G) 4' DIA. FOR SEWER PIPE UP TO 21'' DIA . 5' DIA. FOR SEWER PIPE 24" TO 36" DIA. CITY OF FORT WORTH, TEXAS STANDARD 4' DIAMETER MANHOLE SECTION B-B DATE: FEB. 2009 SAN-003 USE SDR-26 PIPE TO FIRST JOINT BEHIND LIMIT OF EXCAVATION CONCRETE COLLAR E1-14 MATERIAL E2-14 CONSTRUCTION MANHOLE FRAME, COVER , GRADE RINGS AND CONCRETE COLLAR PER SAN-009 WITH "SEWER" CAST IN LID . 1-3" APPLY INTERIOR CORROSION PROTECTION AS REQUIRED . INSTALL NUTS AWAY FROM M.H. WALL ON M.J. FITTING COR-TEN BOLTS 4 '-0" G) IF REQU IRED, PROVIDE STUB EXTENSION AT END OF P.E. IN M.H . WALL GROUTED INVERT-USE 4000 PSI CONCRETE ...-~-APPLY 2 COATS T OF BITUMASTIC COATING CONCRETE -SEE ST AND ARD 4' DIA . M.H. DETAIL SAN-003 G) 4' DIA. FOR SEWER PIPE UP TO 21" DIA . CITY OF FORT WORTH, TEXAS STANDARD 4' DIAMETER DROP ACCESS MANHOLE 5 ' DIA. FOR SEWER PIPE 24" TO 36" DIA. DATE: FEB. 2009 SAN-005 NOTES: A. STANDARD PIPE FITTINGS SHALL BE USED TO FORM INVERTS OF JUNCTION MANHOLES WHEN POSSIBLE, WITH INSTALLATION AS FOLLOWS: 1. PIPE FITTING. 2. POUR MANHOLE FLOOR TO SPRING LINE OF FITTING. 3 . BREAK OUT TOP OF FITTING TO SPRING LINE. 4 . POUR REMAINDER OF MANHOLE INVERT TO PROVIDE VERTICAL INVERT WALL UP TO 3/4 POINT OF THE LARGER PIPE INVOLVED, AS DE TAILED . 5. STEEL TROWEL FINISH INVERT OF MANHOLE . B. WHEN SPECIAL SITUATIONS PROHIBIT USE OF STANDARD PIPE FITTINGS AS ABOVE OUTLINED , THE INVERT SHALL BE FORMED OF CONCRETE AND STEEL TROWEL FINISHED TO PROVIDE SIMILAR FUNCTIONAL CHARACTERISTICS TO THOSE AFFORDED BY THE ABOVE INSTALLATION. INVERTS THUS FORMED SHALL BE CONSTRUCTED TO THE ENGINEER'S SATISFACTION . CONCRETE SLAB E1-14 MATERIAL E2-14 CONSTRUCTION ----- ......._ __ PLAN VIEW SECTION A-A CD WHEN PIPE SIZES DIFFER, MATCH THE PIPE CROWNS. CITY OF FORT WORTH , TEXAS JUNCTION MANHOLE BOTTOM DATE: FEB. 2009 SAN-006 w 0:: 0 0:: CD W w 1- _J w CD ::;: <( ~ ii: 0 ~ VARIABLE OIAMElER BORE TO BE LARGE ENOUGH TO PERMIT DESIGN TYPE PIPE TO BE PULLED OR JACKED THROUGH . , 11 111 111 11, 111 , 1 1 , 11 111 111 111 111 111 111 11 rir 1 1 w=w1 , m" W1 , Wn=rill, 1 , 1 11 11 11 w 0:: 0 0:: CD W w 1- _J w CD ::i, <( ~ ii: 0 ~ NOTE: TYPICAL BORED SECTION LONGITUDINAL VIEW PRESSURE GROUT AS NEEDED 11 'ffi~' Tf~ll~ll~~fr~=~ TYPICAL BORE WITH PIPE INSTALLED LONGITUDINAL VIEW CASING SPACERS TYPICAL END VIEW 1. COMPRESSION TYPE JOINTS TO BE USED IF POSSIBLE. SEWER LINES SHALL BE SECURED BY CASING SPACERS AS MANUFACTURED BY CASCADE WATERWORKS MANUFACTURING CO., ADVANCE PRODUCTS & SYSTEMS, OR APPROVED EQUAL. 2 . IF COMPRESSION TYPE JOINT IS NOT AVAILABLE, M.J. TYPE SHALL BE USED AND JOINTS BOLTED BEFORE PULLING PIPE INTO PLACE . E1-15 MATERIAL E2-15 CONSTRUCTION CITY OF FORT WORTH, TEXAS BORED CROSSING DETAIL DATE: FEB. 2009 SAN-008 COLLAR CONF IGU RATION FOR PAVED AREA I ... COLLAR CONFIGURATION FOR UNPAVED AREA 4'-8" MANHOLE FRAME AND -\.------,......_-....,... __ _,.....,.......,._,_....,.,...,,,._ i----------,- 32" DIA. PAMREX COVER OR APPROVED EQUAL . (REFER TO STD. PRODUCT LIST) A L 4000 PSI _ __,_, CONCRETE 8-#4 REBARS TYP . 2" x 8" x 30" I.D . CONCRETE PRECAST GRADE RINGS PER ASTM C478 . E1 -14, E1-20, E1 -21 MATERIAL E2-14, E2-20, E2-21 CONSTRUCTION 132" IMIN .----i .__ __ 30" CLEAR_-----1-i OPENING I '-----RAM-NEK --~ SECTION A-A G) REBAR SHALL BE PLACED 3" MIN . FROM TOP AND BOTTOM OF CONCRETE COLLAR . WHERE MANHOLES ARE IN THE STREET, INSTALL 2 MORE GRADE RINGS BETWEEN CASTING AND TOP OF PAVEMENT . CITY OF FORT WORTH, TEXAS MANHOLEFRAME,COVER,GRADE RINGS AND CONCRETE COLLAR 3" TYP . A J (TYP .) GROUND CONCRETE COLLAR HEIGHT VARIES G) HINGES ARE REQUIRED ON ALL 32" COVERS (REFER TO STD . PRODUCTS LIST). G) HIN GED LIDS INSTALLED IN STREETS SHALL OPEN AGAINST THE FLQW OF TRAFFIC . DATE : JUNE 2009 SAN-009 B l PLAN VIEW 12" MIN. #3 DOWEL B J SECTION A-A CITY OF FORT WORTH, TEXAS HYDRAULIC SLIDE SECTION B-8 NOTE : DROP TROUGH WILL BE POURED MONOLITHICALLY WITH CAST IN PLACE BENCH, OR DOWELED AND GROUTED TO PRECAST BENCH . DATE: FEB. 2009 SAN-010 CONCRETE COLLAR (PLAN VIEW) FERNCO FLEXIBLE COUPLING REQUIRED IF EXISTING SERVICE IS PRESENT, Oll-lERWISE PLUG. PAID FOR AS CLEANOUT **CITY OF FORT WORTl-1 STANDARD CLEANOUT w/ CAST IRON CAP SOR-JS OR SOR-28 SERI/ICE, SLOPE-VARIES MIN. SEWER MAIN CLEANOUT NOTES 1. Tl-IE SWEEP TEE AND PIPE FITTINGS INSTALLED SHALL BE SDR-35 OR SDR-26 PVC MATERIAL. 2 . CONNECTIONS TO Tl-IE EXISTING S1;:RV1CE SHALL BE MADE USING RUBBER SLEEVE COUPLINGS WITH STAINLESS STEEL DOUBLE BAND REPAIR SLEEVES. Tl-IE SLEEVES SHALL BE TIGHTENED TO THE TORQUE RECOMMENDED BY Tl-IE MANUFACTURER . 3. SLOPE OF Tl-IE SANITARY SEWER SERVICE SHALL BE A MINIMUM OF 2 PERCENT. 4. PIPE AND FITTINGS SHALL BE SDR-35 OR SDR-26 PVC WHEN NOT IN HIGH TRAFFIC AREAS. 5. CONCRETE USED AROUND CLEANOUT ASSEMBLY SHALL BE 5 SACK , 3,000 PS I MIX . PRODUCT INFORMATION CAST IRON DRIVEWAY ~~~UT\ PROPERTY LINE -----•• From Ston ley Roberts & Assoc., Information Subject To Change. PESCRJPTION ~ PART NO, Cost Iron Lateral Cleon out 1 B lbs A TL-424 W/ SS Bolts and Coupling T l_ , ... , SIDEWALK SIDEWALK CURB \ ' (CURB DRIVEWAY APPROACH \::s= I STREET STREET CAST IRON CLEANOUT BOOT CITY OF FORT WORTH, TEXAS TWO WAY SERVICE CLEANOUT DATE : FEB . 2009 SAN-011 I· 2· .. , EXISTING GROUND 4 ' OR TO BOTTOM OF PAVEMENT BASE OR TOP SOIL MINIMUM TRENCH WIDTH ----a....._..-TI",.-,,~,.,..,, = PIPE DIA . + 1' I JRENC~ I WIDTH TYPICAL SECTION CITY OF FORT WORTH, TEXAS CLAY DAM 200' MIN. SPACING PER CITY OF FORT WORTH TREE ORDINANCE. DATE: FEB. 2009 SAN-019 EXISTING SURFACE G) BACKFILL AS APPROPRIATE 6" MIN. DIMENSION . 6" MAX . FOR PAY PURPOSES WHEN BID PER CUBIC YARD. G) 6" MIN. DIMENSION. MAX . FOR PAY PURPOSES SHALL BE 6" ON MAINS 24" AND SMALLER , 9" ON MAINS 30" AND LARGER WHEN BID PER CUBIC YARD. 4" MIN. DIMENSION. 4" MAX. FOR PAY PURPOSES WHEN BID PER CUBIC YARD. © CLASS 'E' (1500 PSI) CONCRE1£. El-7 MA 1£RIAL E2-7 CONSTRUCTION CITY OF FORT WORTH, TEXAS CONCRETE ENCASEMENT DATE: FEB. 2009 SAN-020 21" GREEN POS CAP w /WARNING LABEL l " WIDE GREEN REFLECTIVE TAPE l" APART STARTING 6" BELOW CAP. 4"¢ PVC (WHITE) 4 ' MIN . .. mcua ...... Di ~Jw..L (817)492-4477 PNLNIWGAffON ....... GALL (817J-3IMIZN -... -... I .. r I NOTES: .... OP 1•1DY PIUSIIMU. f817)s-.a 4477 NII UIIII LOCATIOII NaAIIICMI. (817J-392-8ZN 1 . MARKERS SHALL NOT BE USED FOR 12" AND SMALLER DIAMETER SEWER LINES . 2 . PLACEMENT SHALL BE AT EACH RIGHT-OF-WAY CROSSINGS AND MAJOR UTILITY CROSSINGS AS DIRECTED BY THE ENGINEER . .. --W:IM ........ -lt!Ur ., . ... ....,., . ., --._ .. -..... ..... --.. -· = ..... --.. --._ ... -Nit• --· -.. -· .._ .. ··-.... --.. =· ----.... '1:::-r-.,. -· ---..... .......... ., -· -· --am ... ,w:..,.~. _,, -· -- CITY OF FORT WORTH, TEXAS SANITARY SEWER MARKER POLE DATE: FEB. 2009 SAN-022 -13- PROJECT DESIGNATION SIGN (Water Department) a'-o" 2'-7" 2'-10" 2'-7" 2.25" FORT WORTH 2.25" ----I----::: ____________________________ _ • N I °N PROJECT NAME PROGRAM NAME / PROJECT #/AMOUNT 0 z This project is managed by the Department ~ Questions on this project, call (817) 392-8306 ~ • 0 I 2.5" ~ After hours water and sewer emergencies, call (817) 392-44 77 -----~ ...... 2 .5" 3" ~ FORT WORT H LOGO -CHELTENHAM BOLD AL L OTHER TEXT -ARIAL LOGO COLORS: FORT WORTH -PMS 288 (BLUE) LONGHORN LOGO -PMS 725 (BROWN) E2-1 CONSTRUCTION \ \ \ \ 7 '-6" \ \__J__ WHITE \ \ \ L PMS 288 (BLUE) 3 "R (TYP .) CITY OF FORT WORTH, TEXAS PROJECT SIGN -4'x8' (FOR C.I.P PROJECTS) 3" DATE: FEB. 2009 WTR-034 4'-0" 7" 2·-10" 7" 2.25" 3"R (TYP .) 2.25" +-1---.---------------...... • N I N 2.5" E.QfilS,;_ FORT WORTH LOGO -CHELTENHAM BOLD ALL OTHER TEXT -ARIAL LOGO COLORS: FORT WORTH -PMS 288 (BLUE) LONGHORN LOGO -PMS 725 (BROWN) E2-1 CONSTRUCTION 3" PROJECT NAME PROGRAM NAME/PROJECT #/AMOUNT This project is managed by _____ Dept. Questions on this project, call: (817) 392-8306 After hours water and sewer emergencies, (.!) z ii: ~ 1-w .....J 2" \ call: (817) 392-4477 ___ ---t----r----- \ 3'-6" \ \ u_ WHITE 3" \ L PMS 288 (BLUE) CITY OF FORT WORTH, TEXAS PROJECT SIGN -4'x4' DATE: FEB. 2009 WTR-035 -14- VENDOR COMPLIANCE TO STATE LAW VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Leg islature passed House Bill 620 relative to the award of contracts to nonresident bidders . This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction , improvements , supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located . The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications . The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A . Nonresident vendors in (give State), our principal place of business , are required to be percent lower than resident bidders by State law. A copy of the Statute is attached . Nonresident vendors in ----------(give State), our principal place of business , are not required to underbid resident bidders . B. Our principal place of business or corporate offices are in the State of Texas. ~ BIDDER : PD Box I 5448 By : t'4 Ma rk Pappas, Vice-P res ident of Conatser Management Group, Inc, G.P. Title : --------------- (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION G:\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\14 -Vendor Compliance .doc Page 1 of 1 -15- CON-TRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon 's Annotated Civil Statutes , Contractor certifies that it provides worker's compensation insurance coverage for all of it's employees employed on City of Fort Worth Project Number O / 0.5 "4-DOE Ce cl l/:/ STATE OF TEXAS COUNTY OF TARRANT § § Title .~p+c.mkr 9/Ja:A Date BEFORE ME , the undersigned authority, on this day personally appeared (Y)aAk..f~ Vic., Prnid:< "J , known to me to be the person whose name is subscribed to the foregoing instrument, a!:ld acknowle~ed to me t~at he/she executed the same as the act and deed of C 01>At.scv: o a rJruc ti B IX . LP for the purposes and consideration therein expressed and in the capacity therein stated. l)tk. GIVEN UNDER fv,1Y HAND AND SEAL OF OFFICE this - I day of ,5r pfe nill:e.B,., , 2008 . '1 ---- ,,c •~~'~'u''·• I ,....;~,~-... JAMIE L BROWN i*\~_i•i NOTARYPUBLIC \ ;;~ ........ ·~/ State of Texas , ··,1.'!;~~~~··· Comm . Exp . 06-27-2012 Notary Public in and for the State of Texas G :\1210\3642-32\PROJECnSpecifications\Specifications 2008 Part 4\15 -Workers Comp .doc Page 1 of 1 -16- CERTIFICATE OF INSURANCE NOTICE The blank spaces in the Certificate of Insurance; Performance, Payment, and Maintenance Bonds ; and Contract are not to be filled in by the Bidder at the time of submitting his proposal. These forms are included herein to familiarize the Bidder with such forms which the successful Bidder will be required to execute. CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTI-I Date~ NAME OF PROJECT: Village Creek Drainage Basin Sanitary Sewer Rehabilitation Part 4 PROJECT NUMBER: Sewer P254-701139990100 DOE# 6241 City Proiect #01054 IS TO C ERTIFY 11-IAT: Conatser Construction TX, LP is , at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, and further hereinafter described . Exceptions to standard policy noted on reverse side hereof TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker 's Comoensation Comprehensive General Bodily Injury: Liability Insurance (Public Ea. Occurrence: $ Liability) Property Damage: Ea . Occurrence: $ Blasting Ea. Occurrence: $ Collapse of Building or structures adjacent to Ea. Occurrence : $ --- excavations Damage to Underground Utilities Ea. Occurrence: $ Builder's Risk Comprehensive Bodily Injury : Automobile Liability Ea. Person: $ Ea. Occurrence: $ Property Damage: Ea. Occurrence :$ Bodily Injury: Contractual Liability Ea. Occurrence : $ Property Damage: Ea. Occurrence: $ Other Locations covered: All operations for the City of Fort Worth Description of operations covered : Village Creek Drainage Basin Sanitary Sewer System Rehabilitation Part 4 The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements , either in the body thereof or by appropriate endorsement thereto attached. The City, its officers , employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers ' compensation insurance policy. ~A""g"'e=nc""y'--------------Insurance Co. _________________ _ ~F=ort~W~o=rth~A'--='ge=n~t _____________ By _________________ _ Address. ________________ _ Title ________________ _ -17- PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT Bond No: 022023713 PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS : That we, (I) Conatser Construction TX, LP, as Principal herein , and (2) ____ _ ..c::L::..::i:..::.b-=-e-=-r-=-tyL-=.M=u=-=t=u=a-=-l_I=n=s'--"u'-"1:""a..,__.n.,.__ce,,.__,C...,,o""'m~p""'a"""n-il-y ____ , a corporation organized under the laws of the State of(3) __ ~~----' and who is authorized to issue surety bonds in the State of Texas, Surety herein , are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of NINE HUNDRED TWENTY EIGHT THOUSAND FIVE HUNDRED AND THIRTY SIX DOLLARS AND FIFTY CENTS ($928,536.SO)for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly b y these presents . WHEREAS, Principal has entered into a certain written contract with the Obligee dated the _day of __ N_OV_0_3_20_0_9 __ , 2008, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of: VILLAGE CREEK DRA[NAGE BASIN SANITARY SEWER SYSTEM REHABILITATION, PART 4 NOW, THEREFORE, the condition of this obligation is such , if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obli gee may suffer by reason of Principal 's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void ; otherwise, to remain in full force and effect. PROVID E D, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Go vernment Code, as amended , a nd all liabilities on this bond s hall be determined in accordance with the provi sion s of su c h tatute, to the sa me extent a s if it were copied at len gt h here in . IN WITN E SS WHEREOF, the duly authorized representatives of the Principal and the Surety ha ve executed this in strument. SIGNED and SEALED this ___ day of ___ N-O.,,...,,V-10-32-0-09--, 20 _. ATTEST: (Principal) Secretary Vice President of Conatser Title : Management Group, Inc., GP (SE AL) ATTEST: Secretary (SE AL) Address : P. o. Box 15448 Fart Warth, TX 76))9 Liber t y Mu t ual Insurance Com pany SURETY ~ By~a,~ Name: Glenna S Danis Attorney in Fact Address : 175 Berkeley Street 1foston, W.02117 Telephone Number: 972. 233. 9588 Carolyn Maples NOTE: (1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition , an orig inal copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond sha ll not be prior to date of Contract. I - -18- PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT Bond No: 022023713 PAYMENT BOND § § § KNOW ALL BY THESE PRESENTS : That we, (1), CONATSER CONSTRUCTION TX, LP as Principal herein , and (2) _ Liberty Mutual Insurance Company existing under the laws of the State of (3) --M-A ___ _ a corporation organized and as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of NINE HUNDRED TWENTY EIGHT THOUSAND FIVE HUNDRED AND THIRTY SIX DOLLARS AND FIFTY CENTS ($928,536.50) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents : WHEREAS , the Principal has entered into a certain written contract with the Obligee dated the __ day of NOV O 3 2009 , 20_, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project : VILLAGE CREEK DRAINAGE BASIN SANITARY SYSTEM REHABILITATION, PART 4 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended , and all liabilities on this bond shall be determined in acco rdance w ith the pro vi ion o f said s tatute, to the ame ex te nt as if it were copied at length herein . IN WfTNESS WHEREOF, the dul y authorized representatives of the Principal and the Surety have executed thi in strum e nt . SfGNED and SEALED this ___ day of __ -fl'N-0'-/-9-3-2-00-9---' 20_. TX LP ATTEST: -Name : Mark Pappas (Principal) Secretary Vice President of Conatser Title : Management Group, Inc., GP ~ (SE AL) ATTEST: Secretary (SE AL) NOTE: (1) (2) (3) Address: P. O. Box 1544 8 Fort Worth, TX 76119 Liberty Mutual Insurance Com p any SURETY By ~ef/1~) Nam~n: S. Davis Attorney in Fact Address : 175 Berkeley Street Boston, MA 02117 Telephone Number: 972.233.9588 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition , an orig inal copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. I - -19- MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS : § § § Bond No: 022023713 MAINTENANCE BOND That CONATSER CONSTRUCTION TX, LP. ("Contractor"), as principal , and, LIBERTY MUTUAL INSURANCE COMPANY a corporation organized under the laws of the State of __....MA....__ _ ___ , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas , ("City") in Tarrant County, Texas, the sum of NINE HUNDRED TWENTY EIGHT THOUSAND FIVE HUNDRED AND THIRTY SIX DOLLARS AND FIFTY CENTS {$928,536.50), lawful money of the United States , for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs , executors , administrators , assigns and successors, jointly and severally . This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the __ of NOV O 3 2009 20_, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements : VILLAGE CREEK DRAINAGE BASIN SANITARY SEWER SYSTEM REHABILITATION, PART 4 the same being referred to herein and in said contract as the Work and being designated as project number(s) SEWER P254-701139990100 and said contract, including all of the specifications , conditions , addenda , change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and , WHEREAS, in sa id Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and cond iti on for and during a period of after the date of the fin a l acceptance of the work by the City ; and WHEREAS, said Contractor binds its elf to mainta in said work in good rep a ir and condition for said term of Two (2) years ; and WHEREAS , said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period , if in the opin ion 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 sa id Contractor shall keep and perform its sa id agreement to maintain , repair or reconstruct said Work in accordance w ith all the terms and condit ions of said Contract, these presents shall be null and void , and have no force or effect. Otherwise, this Bond shall be and rema in in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by sa id 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 , th is instrument is executed in Eight (8) counterparts , each of ATIEST: (SE AL) Secretary ATIEST: (SE AL) Secretary . Vice Pre s i d e n t of Conatser Title : Management Group , I nc . , GP LIBER TY MUTUAL INSURANCE COMPANY Surety ~:~r:1~ Title : Attorney-in -Fact 175 Berke ley Street Boston MA 02 1 17 Add ress t I ; , 2589753 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein , and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF A HORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company , pursuant to and by authority of the By -law and Authorization hereinafter set forth , does hereby name , constitute and appoint GREG A. WILKERSON, GLENNA S. DAVIS, CATHY VINSON, CAROLYN MAPLES, JOHN R. WILSON, ALL OF THE CITY OF FORT WORTH , STATE OF TEXAS .............................................................................................................................. . , each individually if there be more than one named , its true and lawful attorney-in-fact to make , execute , seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed , anv and all undertakings , bonds , recognizances and other surety obligations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100**'***************** DOLLARS($ 25,000,000.00***** ) each , and the execution of such undertakings, bonds, recognizances and other surety obligations , in pursuance of these presents , shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons . That this power is made and executed pursuant to and by autho ri ty of the following By-law and Authorization : ARTICLE XIII -Execution of Contracts : Section 5. Surety Bonds and Undertakings . Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe , shall appoint such attorneys-in-fact , as may be necessary to act in behalf of the Company to make , execute , seal , acknowledge and deliver as surety any and all undertakings, bonds , recognizances and other surety obligations . Such attorneys-in-fact , subject to the limitations set forth in their respective powers of attorney , shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company . When so executed such instruments shall be as binding as if signed by the president and attested by the secretary . By the following instrument the chairman or the pres ident has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII , Section 5 of the By-Laws , Garnet W . Elliott , Assistant Secretary of Liberty Mutual Insurance Company , is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make , execute , seal , acknowledge and deliver as surety any and all undertakings , bonds , recognizances and other surety obligations . That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. >, ns "'C Ill Ill G) C: ·;; :::s .0 >, C: Ill =a Bi->-cn a,W Ee IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of O c. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 12th day of June , = 0 2009 <CM 0~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss LIBERTY MUTUAL INSURANCE COMPANY By~4' #-a<-:tA= Garnet W . Elliott, Assistant Secretary On this J..2!!L_ day of June , 2009 , before me , a Notary Public , personally came Garnet W. Elliott , to me known , and acknowledged that he is an Assistant Secretary of Liberty Mutual insurance Company ; that he knows the seal of said corporation ; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation . first above written . CERTIFICATE COMMONWEALTH OF PENNSYLVANIA Notarial Seat Pastol!a , Notafy Public Ccumy My Commission Expires Marcil 28, 2013 By~ Ter~sa Pastella , Notary Public I, the undersigned , Assistan ecretary of Liberty Mutual Insurance Company , do hereby certify that the original power of attorney of which the foregoing is a full , true and correct copy , is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chai rman or the president to appoint attorneys-in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company . This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March , 1980 . VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company , wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds , shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company , this ________ day of ... "'C G) C: == Ill oe C. Ill .!:!?o .c:o -.. _o, 0 C: >, G) :!: G) :5! .! -G) ~.o G) 0 =~ E°i> ·=~ 'E °ii Oo CJ ... oct> I-.,!. ~Liberty \P 1vlutu.(1L Important Notice TO OBTAlf\J INFORMATION ABOUT THIS BOND OR TO MAKE A COlvlPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages , rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. 0. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth l'vleeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you ha ve a dispute concerning a claim , you should contact the company first. If the dispute is not resolved , you may contact the Texas Department of Insurance. This notice is for info rma tio n purposes only and does not become a part of or a condition of the attached document. It is given to comply with Sectio n 2253 .043, Go vernm ent Code , and Section 53 .202 , Property Code , Effecti ve September 1, 2001 -20- CITY CONTRACT Covers.doc THE STATE OF TEXAS CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT NOV O 32009 This Contract made and entered into this the __ day of __ A.O., 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 Conatser Construction TX, LP, ("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 : Village Creek Drainage Basin Sanitary Sewer System Rehabilitation, Part 4 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 ( I 0) 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 Fort Worth and the City Council of the City of Fort Worth within a period of j£f2...f.,days. If the Contractor should fail to complete the work as set forth in the Plans and Specifi ,::1ca~t11.:.·o~~._.... ......... Documents within the time so stipulated, plus any additional time allowed as pro 'ded i Conditions, there shall be deducted from any monies due or which may thereafter hP/111,Nmipl'"Flffi'l'"'h CITY SECRETARY FT. WORTH, TX sum of __ 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 RECOR D 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 n/a , shall be Nine Hundred Twenty-eight Thousand Five Hundred Thirty-six Dollars and 50/100 ............................... Dol lars, ($928,536.50). 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. NOV 3 2DD9 Done in Fort Worth, Texas, this the __ day o -----1.A .D., 2009. OF FICIAL RECGRD CITY SECRE TARY FT. WORTH 9 TX ?~~M~ DIRECTOR, WATER DEPARTMENT ATTEST: Conatser Construction TX, LP PO Box 15448 Fort Worth, TX 76119 CONTRACTOR B~_ tJi TITLE ADDRESS November 1960 Revised May 1986 Revised September 1992 CITY OF FORT WORTH F ERNANDO COST A , ASST CITY MANAGER CITY SECRETARY (S E AL) Co nt \act Authorizatioa -I \~\'a5 Date APPROV ED AS TO FORM AND LEGALITY : ;/;Jtf,~~ ASST . CITY ATTORNEY OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Covers.doc APPENDIX TWDB REQUIREMENTS PERMITS Covers.doc APPENDIX A TWDB REQUIREMENTS ED-004e (8-19-02) Texas Water Development Board Supplemental Contract Conditions (ED-004e) CWSRF Tier 3, & DWSRF Instructions on use Applicability 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-004G. 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 Revi sed 9/7/2005 Appendix F 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 Appendix F 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 o f the Owner to reject any and all bid s . All proposed modifications to these conditions should be brought to the attention of and dis c ussed 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 . Bo x 1323 I , Capitol Station Austin, Tex as 7871 1-3231 (512) 463 -7853 FAX (512) 4 7 5-2086 WRD-708C Re vise d 9/7/2005 Appendi x F 25 Texas Water Development Board SUPPLEMENTAL 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 Appendix F 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 Contract 3. Equal Emplovment Opportunitv and A fftnnative Action 4. Debarment and Suspension Certification 5. Bid Guarante~ Forms to be submitted with bids (attached) • Bidder's Certifications regarding Equal Employment Opportunity and Non-Segregated Facilities (WRD-255) • MWBE Affirmative Steps C:erti fication and Goals (WRD-217) Construction Contract Supplemental Conditions Conditions: I. Supersession 2. Privitv of Contract 3. Detinitions 4 . Laws to be Observed 5. Review by Owner, and TWDB 6. Performance and Pavment Bonds 7. Progress Payments and Payment Schedu le 8. Workman's Compensation Insurance Coverage 9. Changes 10. Prevailing Wage Rates 11. Contract Work Hours Requirements (29 CFR 5.1, & 5.6) 12. Equa l 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. Minority and Women-Owned Business Enterprise 15 . Archeological Discoveries and Cultural Resources 16. Endangered Species 17. Hazardou s Material s 18. Project Sign 19. Operation and Maintenance Manuals and Trainine 20. As-built Dimension s and Drawing s 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 9/7/2 005 Appendix F 27 EPA AND TWDB SUPPLEMENT AL 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 I 1.5%; EQUIPMENT 5%. WBE: CONSTRUCTION 5.9%; SUPPLIES 7 .6%; SERVICES 14.5%; EQUIPMENT 7.6%. TWDB document Guidance/or 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 a pproved and presented to the TWDB for funding of thi s 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 Te xas 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 participant is providing the certification set out below. WRD-708C Revised 9/7/2005 Appendix F 28 4. 2. The certification in this clause is a material representation offact upon which reliance was placed when this transaction was entered into. I fit 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 ofa 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 ofa 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 ( 1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by 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 9/7/2005 Appendix F 29 • Bidder's EEO/NSF Certifications regarding Equal Employment Opportunity and Non-Segregated Facil ities (WRD-255) • Prime Contractor Affirmative Steps Certification and Goals (WRD-217) Construction Contract Supplemental Conditions Conditions: I. The SUPERSESSJON 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 approva l with respect to the work will be given to the Contractor only by the Owner through authorized representatives or agents . (b) Any such inspection or review by the TWDB shall not subject the State of Texas to any action for damages . 6. PERFORMANCE AND PAYMENT BONDS Each contractor awarded a construction contract furnish performance and payment bonds : (a) the performance bond shall include without limitation guarantees that work done under the contract will be completed and performed according to approved plans and specifications and in accordance with sound construction principles and practices; and (b) the performance and payment bonds shall be in a penal sum of not less than 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 Revi se d 9/7/2005 Appendix F 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. Thi s 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 detennined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) five percent (5%) ofthe total amount, as a retainage 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 Contract 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 Water 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-708C Revised 9/7/2005 Appendix F 31 them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his subcontractors or Material dealers, or to withhold any moneys for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. (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 law 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 Appendix F 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 ofa written change order under paragraph (aX I) or the furnishing ofa written notice under paragraph (a)(2), submit a written statement to the Owner setting forth the general nature and monetary extent of such claim The Owner may extend the 30-day period. The contractor may include the statement of claim in the notice under paragraph (2) of this changes clause . (f) No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. (g) Changes that involve an increase in price will be supported by documentation of the costs components in a format acceptable to the Owner. 10. PREY AILING 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 : ( 1) 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, 1995. 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-708C Rev is ed 9/7/2005 Appendix F 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 ofmore 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 RE QUIRMENTS (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 )(I), (2), (3), and ( 4) of this section in fu 11 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 . In 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 I iquidated 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 )(I) of this section. (3) Withholding for unpaid wages and liquidated dam ages . The (write in the name of the Federal agency or the Joan or grant Owner) shall upon its own action or upon written request of an WRD-708C Revised 9/7/2005 Appendix F 34 authorized representative of the Department of Labor withhold or cause to be with he Id, 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){I) 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) of this section . (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any ofthe other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid . Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 12. EQUAL 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 Revised 9/7/2005 Appendix F 35 ofNovember 2, 1980, the Rehabilitation Act of 1973, 29 U .S.C .A. 701 et seq . (1985), and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders . (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 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, HOW EVER, 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 41 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 41 CFR Part 60-4. The goals are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should 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 involving 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 set for minority and female participation and which is set forth in the solicitations from which this contract resulted . I 3 . 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 Re vise d 917/2005 Appendix F 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 contract. 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 Guidance for Utilization of Small, Minority & Women-Owned 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 Pres e rvation Act and the Antiquities Code of Texas. The Owner has previously coordinated with the appropriate agencies and impacts to known cultural or archeological depos its have been avoided or mitigated. However, the Contractor may encounter unanticipated cultural or archeological deposits during construction. Ifarcheological sites or h is toric 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 a ny 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 Revi sed 917/2005 Appendix F 37 Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species . If a threatened or endangered species is encountered during construction, the Contractor shall immediately cease work in the area of the encounter and notify the Owner, who will immediately 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 projects ite 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 quantity . WRD-708C Revi sed 9/7/2005 Appendix F 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 of location (horizontal and vertical) of all facilities . (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: ( 1) Horizontal and vertical locations of work. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on fill 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 Authori zed ReP.resentative (ED-104) • Affirmative Steps Solicitation Report (WRD-216) • SMWBE Self-Certification (WRD-218) Form to be submitted during construction: • Loan /Grant Participation Suffi!llilI..Y (SRF-373) WRD-708C Revised 9/7/2005 Appendix F 39 Contractor's Act Of Assurance (ED-103) STATE OF TEXAS COUNTY OF .J: {(/id BEFORE ME,c_Ttu:n,d,8ir(2(.lJh..a Notary Public duly commissioned and qualified in and for the County of Ta.r ra ,J in the State of Texas came and appeared G na-1:re r C.o~:,~p..e,&. .Jk .LP, as represented by (Y)41 k-., Po..P4 9.Jt5. , the corporation's fure vc ( m CifflCJY-, who declares he/she is authorized to represent C Q~.o_Jsw G:i.s-J wc.:f ,~JX LP pursuant to provisions of a resolution ':> t <: adopted by said corporation on the I day of ue e-t , 20 D ~ I (a duly certified copy of such resolution is attached to and is hereby made a part of this document). , MM L Po.~ , as the representative of C~-wd~ [jsy,tJ-rud~ Tk: LP fi fl I ·-declares thaLoMW lillU:t:r<eL~IX.. (j) assures the Texas Water Development Board that it will construct _______ project at ______ , Texas, in accordance with sound construction practice, all laws of the State of Texas, and the rules of the Texas Water Development Board. GIVEN UNDER MY HAND and seal of office this _I _st __ day of Sej)f , 2ooi_ A.o . Q ,.,rn,; fA .&/fu.-0,, }rh-1, ~ I . B rc>Uhc:---- ,.,~;ii~·~;,,.. JAM IE L BROW N (.f :::~)"'~) NOTA RY PUBLI C \ :;,J!J<: .. / State of Texas • ~II, 11'" · ..... ~( ... ,·· Comm. Ex p. 06-?.7-2012 Pri nte d Name My Commission expires _.Cfo'-"-='--__,_,.&..._J.....__---'J_=Q'-'-l""""J.c:...., __ WRD-70 8C Rev ise d 9/7/200 5 Appendi x F ED-10 3 0 1/03 /0 1 47 Contractor's Resolution (ED-104) ON AUTHORIZED REPRESENTATIVE Nam e or Nwnes I hereby certify that it was RESOLVED by a quorum of the directors of the L6 ,w-fso·· CM'.> Jtyc{,~, TX, LP , meeting ---J nam e of corpo ra tion on the 1 d:y of 0<.pf' 20 0:l that ma( b Pa.ff=-4A ___________ , and ------------' be , and hereb y is, authorized to act on behalf of C Ot\,,Q. fu Cl" C.rn\{t"u c...f le); TI. 1 LP nam e of corporau on , as it s 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 -s+ affix the seal of the corporation this _J ___ da y of :S.e l'.1,,± I (seal) WRD-70 8C Revised 9/7/2005 A ppendix F F.D -1 04 5/0 19/0 2 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) with commission of any of the offenses enumerated in paragraph (l)(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 this certification may be grounds for rejection of this proposal or termination of the award . In addition, under 18 USC Sec. 1001 , a false statement may result in a fine ofup to$ I 0,000 or imprisonment for up to 5 years, or both. I am unable to certify to the above statements. My explanation is attached. WRD-708C Re vi sed 9/7 t2005 Appendix F 51 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 B. Fair Share Goals IV. GOOD FAITH EFFORT A. General B. Six Affirmative Steps C. Professional Service/0th er 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 ~: Affirmative Step Two : Affirmative Step Three: Affirmative Step Four: Affirmative Step Fjve : 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. Federal Laws, Executive Orders and Feder al Regulations B. 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 (TWDB) 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 establ ish 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 (SSE) 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 . I 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 (WOE), 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, train i ng 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 affect 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 prime contractors throughout all phases of the project. This can include reviewing draft newspaper advertisements, Request for Qualifications (RFQ), and Information for Bids (IFB) to ensure SMWBE components are included ; and scheduling pre-application , project management, pre-bid and pre-construction conferences upon request. Texas Water Development Board G . Flowchart of SMWBE Document Review SMWBE Guidance Document (SRF -052v.5) rev. 07/21/06 (Note : CwrAP funding does not have IUP , but must comp ly with EPA 's Fair Share Po licy ) APPLICANT· Ra nked on th e Intended Use Plan (lUP) • by, the 1WQB . 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 '---~~~~L~o~a~n~A~p--p~li~c~at~io~n~~~-__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 ,..,,., • .,.,,..,..,.i 2 . Enters Data into SMWBE Tracking System 3 . Determines Acceptability No Deficiencies SMWBE COORDINATOR. 1. E-Mai ls Review Engineer with final approval 2 . Forwards SMWBE Packet to Records Management Texas Water Development Board II. SMVVBE Guidance Document (SRF-052v.5) rev. 07/21/06 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 Admin istration (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 Water Development Board SMWBE Guidance Document (SRF-052v.5) rev. 07/21/06 Ill. FAIR SHARE POLICY I 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 adm inisters 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 MBE'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 achieving 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 EPA'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: ---------------- ' Procurement MBE Goal . Category . Percentage(%) . r-----·--------. ---------·------------------------; -· WBE .Goal Percentage(%) ! ! Construction 34% 8% I ' -----------·-----------·-' Supplies 18% 29% . ---------------·------------·---·---------~---·--------------------i I I i ! Equipment I 13% 1 I j i . . 13% r-; . i Services 22% 26% ~-----------~-------------··--··--··--------·-··----·-·--···- Texas Water Development Board SM\NBE Guidance Document (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. I 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, Part 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 RFQ'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 the 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 TWOB 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. Texas Water Development Board SMWBE Guidance Document (SRF-052v.5) rev. 07/21/06 , 0:at:';i i~iifi;1~~ 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. • Texas Building and Procurement Commission's (TBPC) Centrallzed 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 charge . http ://www .tbpc .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 -Minority, Women-Owned, and Disadvantaged Business Directory http ://houston.mwdbe .com/FrontEndNendorSearchPublic.asp?TN=Houston Diversity • The City of Austin -Minority Vendor List http://www.ci .austin .tx .us/purchase/pu vendor intro .htm • Small Business Administration's-Dynamic Small Business Search -SBA-DSBA is an Internet-based system that allows applicants and prime contractors to search for small, minority and women-owned businesses in their area . http ://dsbs .sba .gov/dsbs/dsp dsbs .cfm . ,):~,:~fitii:ti¥t1:f~t lt]£itiif"-·· .. ,·,, .... · ~,·.·; ·-.1:,11~ii~r-') Website : www .aicct.com Contact: Diana Woodward Email: dwoodward@aicct.com Phone: 817-429-2323 Fax: 817-451-3575 Contact: Name: Jennifer Mort Email: jennifer@sdtmbc.com, eva@cstmbc.com Phone: 210-525-7925 ,512-386-8766 Contact: Andrew Nash Email: business@dfwmbc.com Phone: 214-630-0747 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 Contact: Emilia Menthe, Erica Williams Email: ementhe@wbcsouthwest.org , ewilliams@wbcsouthwest.org Phone: 817-299-0566 Emall: jarquieta@womencontractors.org Phone: 713-807-9977 Fax: 713-807-9917 Texas Water Development Board I G'ptiohacfor\announclng your solicitatlon:, SMWBE 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 track ing 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 opportunjties 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.*** I Pe'rtirient'languagethaf needs to appear within the text offfie .soUc;ttation fn cludes : 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 requ ire applicants and prime contractors to demonstrate us of the six affirmative steps . The current fair share goals for the State ofTexas are as follows : CATEGORY: MBE .. ,;WBE CONSTRUCTION 34.0% 8.0% SUPPLIES 18.0% 29.0% EQUIPMENT 13.0% 13.0% SERVICES 22.0% 26.0% 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. cop,p~te Vef$1Qn OfTWoB document; "'SM~E slam Revotvlhg fund P.rogram Guidance Document for the utillzat'9n of Small, M.inootY, and Women-Owned Bu_siness Bitet))tises 'in Pfoct.lrem~t" is avaii,ble onllne at .,http :/,WWW.twd§.§late;tg,ystpub!itmiQn~ ,roonua1s1SRF0s2.rtt A. B . C . D . Texas Water Development Board SM\NBE Guidance Document (SRF-052v .5) rev . 07/21/06 V. AFFIRMATIVE STEPS OUTREACH PROGRAM I Affirmative Step One : Include qualified SMWBE's on solicitation lists See ''Tips for Achieving a Good Faith Effort in Procurement" on previous page . 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 comme rce of these procurement opportunities. Newspaper advertisements must run in accordance with applicable purchasing guidelines and must include a statement encouraging the participat ion of minorities , women and small businesses submitting an RFQ and/or bid . Affirmative Step Three : Reduce contract size/quantities , when economically feas ible , to 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 reducing contract size could include , but are not limited to : reviewing the project for opportunities to stage work ; dividing multiple-site work; dividing work by task ; limiting "brand name requirements"; 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 Development Agency, and the U .S. Department of Commerce, as appropriate F . The SBA and the Department of Commerce (DOC) Minority Business Development Agency (MBDA) both manage outreach programs to assist SMWBE's business increase their procurement opportunities . The SBA assists small businesses in the development of business plans , financing , and education ; applicants are encouraged to educate contractors on the services available to them through these government organizat ions. See Affirmative Step One for web links to those agencies. Affirmative Step Six: Require all Prime contractors to follow steps 1-5 when awarding subcontracts/sub-agreements Prime Contractors are required to follow steps 1-5 when awarding subcontracts/sub- agreements . They are also required to include the appl icable "fair share objectives" in all project bid documents when soliciting for subcontracting opportunities . Including this information in the bid document/RFP ensures the potential bidder's awareness of the requirement and notification to comply . Any contract or subcontract awarded without regard to the "fair share object ives" can be considered ineligible for loan funding 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 Ownershjp 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 Feder al agencies with substantial procurement or grant-making authority to establish rural are a 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 Approprjation 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 11 625 . Issued on October 13 , 1971 . The Order clarif ied 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 Commerce 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 departments 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 ass istance 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 1213 8, 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 bas is ; (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 assistance 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 goals. See 40 CFR 35 .3145( d). Ref : www .epa.gov/authority .htm Texas Water Development Board B. State Laws SMWBE Gu idance 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 ; (i i) 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 o r 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 Surveyor. (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 Docume nt (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 prov ider; (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 . Am ended 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 8 . 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 Wate r 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 Appl icant/Entity's Authorized Representative. Contact SMWBE Coordinator for additional information WRD-7088 Revised 8/31/2005 Appendix G 73 TEXAS WATER DEVELOPMENT BOARof APPLICANT/ENTITY AFFIRMATIVE STEPS CERTIFIC.6yl lON and GOALS WRD-215 WRD-215 Revised 07/21/06 I. PROJECT INFORMATION A. TVVOB Project No . 72.IO~ B. Applicant/Entit y Name C. Program Type (inaeri ")(" Jor all Chat. ap'ply) D Drinking Water SRF (DWSRF) [gi Clean Water SRF (CWSRF) D Co Ionia Wastewater (CWT AP) L...J Other _______ -1 II. GOOD FAITH EFFORT (Applipable lo all PRIME Contracts Awarded 9 the ApplicanUEnrny) Ill. I unaemana tnat it is my responsi.iility to compfy witli aJI state ,u{ fttferaf regulations aruf guiaana in tlie u.tilimtilm of Sma/I, 9,t.inority, ~ aruf SmaiI <Businesses in ~nu }frnu, in procu t. I certify tnat I will ma~ a "good faitli ejjo,t• to affim{ oppmtunitiu for S<ITE, 9,t.<6£, 'U0"E aruf .s<M?,JI. :r 6y: 1. Including qualified SBE, MBE, WBE and SB s on procurement solicitation lists ; 2 . Soliciting potential SBE, MBE , WBE and SB · 3. Reducing contract size/quantities , when ,onomically feasible , to permit maximum participation 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 the Small Business Administration, Minority Business Development Agency, U .S . Department of Commerce, Texas Marketplace; 6. Requiring all PRIME contractor~ to follow stepS\1-5 of the "good faith effort" in employing SBE, MBE, VVBE and SBRA Subcontractors ; , \ Signature • Applicant/Entity Rpprettentative Total Procurement Cost ca'tegory 1 'rotaJ Constructi ~n $ Sup pl ies $ Equipment $ Services $ ~ther Issuance Cos $ • 1ll-.0% • 13 ,0% $ • 22.0% $ Title Certification Date • 13.0% $ • 26.0% $ IV. TWDB APPROVAL SIGNATURES OPFCA Engineer Approval Date Approval Date ·other ISSUANCE costs can include: origination fees; bond insurance; land/easernenUright-of-wav: attorney general ree: paying agent fee or other non -bid project costs . TEXAS WATER DEVELOPMENT BOARD AFFIRMATIVE STEPS SOLICITATION REPORT WRD-216 WRD-216 Revised 07/21/06 I. PROJECT INFORMATION A. TWOS B.. App licant/Entity Name C. Contract Amount 0. Program Type P ·ectNo . (IMert "X" for all that :apply) Prime Contractor: D Drinking Water SRF (DWSRF) [K]c1ean Water SRF (CWSRF) c::=J colonia Wastewater (CWTAP) Solicita tion By: [ j other -·--·-··--·--·---~ ---·-·--·------------~---------· TWDB Construction Contract Number: II. SOLICITATION LIST I N s T R u C T I 0 N s Col u m n 1 Column 2 Column 3 Column4 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 Enter one of the following procurement or contract categories : CONSTRUCTION, SUPPLIES; EQUIPMENT; SERVICES ......... ·--·· ........ ········-· ···--· SBE, MBE, WBE, SRBA, or OTHER (N OTE! "OTHER" = Co mpany or firm is Non-SB E, MBE, WBE or SBRA) Evidence of Good Faith Effort solicitations will include a combination of the following outreach methods. Adequate backup documentation must be attached to this form for each method used . ~ewspaper Advertisements ~rect Contact by Phone , Fax, Mailouts 3. Meetings or Conferences 4. Minority Media 5. Internet & Web Postings 6. Trade Association Publications 7 . Other Government Publications Column 1 Name & Address of Column 2 Procurement or Contract Category Column 3 Type of Business Column4 Sol icitation Methods Business Enh1ies Soli cited for Procurement ---------t---------i -.. --····· ----· ----·------ Date OPFCA Engineer Approval Date SWMBE COl)f'dlnator App-roval Date ' PRIME CONTRACTOR: PROJECT DESCRIPTION: COLUMNl NAME/ADDRESS OF ENTITIES AEI 1107 Arwine court, Suite #100 Euless, Texas 76040 B20 Environmental , Inc . 3103 Clear Lake Court Arlington, TX 76017 DFW lnfrstructure, Inc . 4913 Briar Patch Lane Burleson, TX 76028 Magnum Manhole 3828 Cavalier Dr. Garland;tX 75042 NTP Plumbing 1025 E. Powell Ave. Fort Worth, TX 76104 Ram Tool & Supply Company, Inc 2323 Crown Road Dallas, Texas 75229 3/Tag Communications, LLC 709 Northill Dr Richardson, TX 75080 All-Tex Pipe & Supply, Inc. 5205 Elliott Reeder Road Haltom City, TX 76117-5915 LKT & Associates P OBox 668 Melissa, TX 75454-0668 Romar Supply, Inc. 2468 Fabens Road Dallas, TX 75229 Thompson Bearings & Power Trnms PO BOX 222261 Dallas, TX 75062 THT Electric Company dba THT 2999 N . Stemmons Freeway Winston Water Cooler, Ltd. 5014 Mark IV Parkway Fort Worth, TX 76106 ; 7 CONATSER CONSTRUCTION TX, LP VILLAGE CREEK DRAINAGE BASIN COLUMN2 CONTRACT CATEGORY SERVICES SIC: 162306 SERVICES SIC: 162306 SERVICES SIC: 162306 SERVICES SIC: 162306 SERVICES SIC: 162306 SUPPLIER SIC: 179102 SUPPLIER SIC: 321201 SUPPLIER SIC: 321201 SUPPLIER SIC: 321201 SUPPLIER SIC: 321201 SUPPLIER SIC: 321201 SUPPLIER SIC: 321201 SUPPLIER SIC: 321201 COLUMN3 TYPE OF BUSINESS Provides TV Inpsectlon and Pipe Cleaning M/WBE CONTRACTOR Provides TV lnpsection and Pipe Cleaning M/WBE CONTRACTOR Provides TV lnpsection and Pipe Cleaning M/WBECONTRACTOR Provides TV lnpsectlon and Pipe Cleaning M/WBE CONTRACTOR Provides TV lnpsection and Pipe Cleaning M/WBECONTRACTOR Supplies Rebar M/WBE CONTRACTOR Supplies Pipe, Pipe Fittings and Valves M/WBE CONTRACTOR Supplies Pipe, Pipe Fittings and Valves M/WBE CONTRACTOR Supplies Pipe, Pipe Fittings and Valves M/WBE CONTRACTOR Supplies Pipe, Pipe Fittings and Valves M/WBE CONTRACTOR Supplies Pipe, Pipe Fittings and Valves M/WBE CONTRACTOR Supplies Pipe, Pipe Fittings and Valves M/WBE CONTRACTOR Supplies Pipe, Pipe Fittings and Valves M/WBE CONTRACTOR COLUMN4 SOLICITATION METHODS Direct by Phone, Fax, Mailouts Direct by Phone, Fax, Mailouts Direct by Phone, Fax, Mailouts Direct by Phone, Fax, Mailouts Direct by Phone, Fax, Mailouts Direct by Phone, Fax, Mailouts Direct by Phone, Fax, Mallouts Direct by Phone, Fax, Mailouts Direct by Phone, Fax, Mallouts Direct by Phone, Fax, Mallouts Direct by Phone, Fax, Mailouts Direct by Phone, Fax, Mallouts Direct by Phone, Fax, Mailouts FORM WRD-216 Page 1 June 29 , 2009 7 Conatser Construction TX, LP P. 0. Box 15448 Fort Worth, Texas 76119 (817) 534-1743 FAX: (817) 534-4556 Attention: Certified and Approved MBE and WBE Enterprise Companies SIC 00321201 We are soliciting bids from Certified and Approved M .B.E. and W .B.E. Enterprise companies who wish to quote us sub-prices on the following project [s): VILLAGE CREEK DRAINAGE BASIN SANITARY SEWER SYSTEM REHABILITATION, PART 4 Sewer Project No. P254-701139990100 DOE#: 6241 City Project#: 01054 Project Bid Date: July 23, 2009 Specifications and Contract Documents for this project [s] may be obtained at the Office of Transportation and Public Works Department, Municipal Office Building, 1000 Throclanorton Street, Fort Worth, Texas or can be viewed at Conatser Construction TX., L. P. 5327 Wichita Street, Fort Worth, Texas . All Subcontractors must have a Certificate of Insurance on file with us prior to bid submittal and must be capable of having a Performance, Payment and Maintenance Bond. All Subcontractors will be required to comply with Provision 5159-A of ''Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278 , as amended by City Ordinance No . 7400 ( Fort Worth City C ode Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices . All bids must be quoted "One Work Day Prior to Bid Opening", no later than 5:00 PM; otherwise bids will be considered non-responsive. We appreciate your interest in this project and look forward to working with you in the future. If you have any questions or comments regarding the above, please call (8 17) 534-1743 or fax (8 17) 534-4556 . Mark Pappas Vice-President June 29 , 2009 Conatser Construction TX, LP P. 0. Box 15448 Fort Worth, Texas 76119 (817) 534-1743 FAX: (817) 534-4556 Attention: Certified and Approved MBE and WBE Enterprise Companies SIC 00162306 We are soliciting bids from Certified and Approved M.B .E. and W .B .E . Enterprise companies who wish to quote us sub-prices on the following project [s]: VILLAGE CREEK DRAINAGE BASIN SANITARY SEWER SYSTEM REHABILITATION, PART 4 Sewer Project No. P254-701139990100 DOE#: 6241 City Project#: 01054 Project Bid Date: July 23, 2009 Specifications and Contract Documents for this project [s] may be obtained at the Office of Transportation and Public Works Department, Municipal Office Building, 1000 Throclanorton Street, Fort Worth, Texas or can be viewed at Conatser Construction TX., L. P. 5327 Wichita Street, Fort Worth, Texas . All Subcontractors must have a Certificate of Insurance on file with us prior to bid submittal and must be capable of having a Performance, Payment and Maintenance Bond. All Subcontractors will be required to comply with Provision 5159-A of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278 , as amended by City Ordinance No. 7400 ( Fort Worth City Code Sections 13-A -2 l through 13-A-29), prohibiting discrimination in employment practices . All bids must be quoted "One Work Day Prior to Bid Opening", no later than 5:00 PM; otherwise bids will be considered non-responsive. We appreciate your interest in this project and look forward to working with you in the future. If you have any questions or comments regarding the above, please call (817) 534-1743 or fax (817) 534-4556 . Mark Pappas Vice-President June 29 , 2009 Conatser Construction TX, LP P.' 0. Box 15448 Fort Worth, Texas 76119 (817) 534-1743 FAX: (817 ) 534 -4 556 Attention: Certified and Approved MBE and WBE Enterprise C ompanies SIC 00179102 We are soliciting bids from Certified and Approved M.B.E. and W.B.E. Enterprise companies who wish to quote us sub-prices on the following project [s]: VILLAGE CREEK DRAINAGE BASIN SANITARY SEWER SYSTEM REHABILITATION, PART 4 Sewer Project No. P254-701139990100 DOE#: 6241 City Project#: 01054 Project Bid Date: July 23, 2009 Specifications and Contract Documents for this project [s] may be obtained at the Office of Transportation and Public Works Department, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas or can be viewed at Conatser Construction TX., L. P . 5327 Wichita Street, Fort Worth, Texas. All Subcontractors must have a Certificate of Insurance on file with us prior to bid submittal and must be capable of having a Performance, Payment and Maintenance Bond. All Subcontractors will be required to comply with Provision 5159-A of "Vernon 's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 ( Fort Worth City Code Sections 13 -A -21 through 13-A-29), prohibiting discrimination in employment practices . All bids must be quoted "One Work Day Prior to Bid Ope11U1g", no later than 5:00 PM; otherwise bids will be considered non-responsive. We appreciate your interest in this project and look forward to working with you in the future . If you have any questions or comments regarding the above, please call (817) 534-1743 or fa x (817) 534-4556 . Mark Pappas Vice-President ~---,-/ DBE DBE ID# FIRM ADDRESS CITY STATE ZIP PHONE FAX LEITER June 29, 2009 00162306 AEJ 1230 Brown Trail , Suite #102 Bedford TX 76022 (817) 268-1381 (817) 268-1921 y 00162306 B20 Environmental, Inc. 3103 Clear Lake Court Arlington TX 76017 (817) 467-7006 (817) 465-6149 y 00162306 DFW Intrastructure, Inc. 4913 Briar Patch Lane Burleson TX 76028 18887399070 (817) 332-7244 y 00162306 Magnum Manhole & Underground Co. 3828 Cavalier Drive Garland TX 75042 (214) 687-2293 (972) 276-5318 y 00162306 NTP Plumbing & Utilities Contractor 1025 E . Powell Ave . Fort Worth TX 76104 (817) 909-1475 (817) 483-6203 y 00179102 Ram Tool & Supply Company, Inc . 2323 Crown Road Dallas TX 75229 (817) 759-1993 (817) 759-2799 y 00321201 3/fAG Communications, LLC 709 North Hill Drive Richardson TX 75080 (214) 934-5692 (972) 234-2512 y .. 00321201 All-Tex Pipe & Supply, Inc. 5205 Elliott Reeder Road Haltom City TX 76117 (817) 831-3821 (817) 831-2173 y 00321201 LKT & Associates 3346 County Road 275 Melissa TX 75454 214 5440440 (214) 544-3684 y 00321201 Romar Supply, Inc. 2468 Fabens Road Dallas TX 75229 (214) 357-2020 (214) 357-1398 y 00321201 Thompson Bearings & Power Transmission LLC PO BOX 222261 Dallas TX 75062 (972) 812-0878 (972) 812-0877 y 00321201 THT Electric Company, Inc . DBA THT 2999 N . Stemmons Frwy Lewisville TX 75077 (972) 979-3204 (469) 322-2668 y 00321201 Winston Water Cooler, LTD. 5014 Mark IV Parkway Fort Worth TX 76106 (817) 624-9090 (817) 624-1747 y 29-Jun-09 Send Log tatu.s AtType PrName Date omple Fa x Se, Thompson Bearings & Power Tr ... Mon 6/29/2009 3:27 PM omple Fa x Se , Magnum Manhole & Undergrou ... Mon 6/29/2009 3:20 PM Fa x Se, 3/T AG Communications , LLC Mon 6/29/2009 3:36 PM omple Fa x Se, All-Tex Pipe & Suppl y, Inc. Mon 6/29/2009 3:11 PM omple Fa x Se 1 Rain Tool & Supply Company, Inc Mon 6/29/2009 3:23 PM omple Fa x Se, Winston Water Cooler, LTD. Mon 6/29/2009 3:38 PM Fax Se, Conatser Construction , Inc. te Mon 6/29/2009 3:15 PM Fax Se, NTP Plumbing & Utilities Contr Mon 6/29/2009 3:21 PM Fax Se, 820 Environmental , Inc. Mon 6/29/2009 3:13 PM Fax Se, DFW lntrastructure, Inc. Mon 6/29/2009 3:16 PM Fax Se, AE I Mon 6/29/2009 3 :08 PM Fax Se, THT Electric Company, Inc. D Mon 6/29/2009 3:33 PM Fax Se, LKT & Associates Mon 6/29/2009 3:18 PM FaxSe1 Romar Supply, Inc. Mon 6/29/2009 3:25 PM Page 1 Pa ... Company 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Su ... \ I I I I I I \ \ \ I I I I hone Number/Callerld 9728120877 9722765318 9722342512 8178312173 8177592799 8176241747 175344556 8174836203 174656149 172681921 693222668 145443684 143571398 Send Log Page 2 1 From ::Be'ltha Gianulis To : Inc . le Conatser Construction Conatser Construction , TX., LP Tel : 817-534-1743 Fax: 817-534-4556 To : Inc . te Conatser Construction Company : Fax Number : 8175344556 I Subject: Pages including cover page: 2 MESSAGE Dat"e : 6/29/2009 Time : 3 :15:12 PM Page 1 of 2 FAX COVER From : Bertha Gianulis Company : Conatser Construction Fax Number : (817) 534-4556 Time : 3:07:30 PM Date : 6/29/2009 We are soliciting bids from Certified and Approved MBE and WBE enterprise companies for projects within the City of Fort Worth, Texas . The following letter outlines the details. Thank You for your interest. Win Fa x PRO Cover Page 1=rom : Bertha Gianulis To : Inc . te Conatser Construction • Date : 6/29/2009 nme: 3 :15:12 PM CONATSER CONSTRUCTION TX., L.P. June 29 , 2009 P. 0 . Box 15448 Fort \Vorth, Texas 76119 (817) 534-1743 (817) 534-4556 Attention: Certified and Approved MBE and WBE Enterprise Companies We are soliciting bids from Certified and Approved M.B.E . and W.B .E. Enterprise companie s who wish to quote us sub-prices on the following project [s]: VILLAGE CREEK DRAINAGE BASIN SANITARY SEWER SYSTEM REHABILITATION, PART 4 Sewer Project No. P254-701139990100 DOE#: 6241 City Project#: 01054 Project Bid Date: July 23, 2009 Specifications and Contract Documents for this project [ s] may be obtained at the Office of Transportation and Public Works Department, Municipal Office Building, 1000 Throckmorton Street , Fort Worth , Texas or can be viewed at Conatser Construction TX ., L.P . 5327 Wichita Street, Fort Worth, Texas . All Subcontractors must have a Certificate of Insurance on file with us prior to bid submittal and must be capable of having a Performance, Payment and Maintenance Bond . All Subcontractors will be required to comply with Provision 5159 -A of "Vemon 's Annotated Civil Statutes " of the State of Texas with respect to the payment of prevailing wage rate s and City Ordinance No . 7278 , as amended by City Ordinance No . 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discriminati on in emplo yment practices . All bids must be quoted "One Work Day Prior to Bid Opening", no later than 5 :00 P .M.; othetwise bids will be considered non-responsive . We appreciate your interest in this prqject and look forward to working with you in the future . If you have any questions or comments regarding the above , please call me at (817) 534-1743 . Our Fax Number is (817) 534-4556 . Mark Pappa s Vice-Pre sident Page 2 of 2 TEXAS WATER DEVELOPMENT BOARD PRIME CONTRACTOR AFFIRMATIVE STEPS CERTIFICATION and GOALS WRD-217 WRD -217 Revised 07/21/06 I. PROJECT INFORMATION A. TWOB B .. Applicant/Entity C. Loao/G rant G. Program Type Project No . Amou nt (lnSM "X~ tor an ihal apply) 721oi./ c 'tr (l ~ ~h ~D-133 .Jlo ooo D D ri nking Water SRF (DWSRF) , , ~ C lean Water SRF (CWSRF) D. Contrad Nu mber E. Prime Contract or F. Contract Am ount D Colonia Wastewater (CWT AP) ()J'IY)/J ..... f + 1.li p 1 1ZB 5-:,lSo D Other II . GOOD FAITH EFFORT (Applicable to all Sub-Agreements Awarded by the Prime Contractor) I u111Urstaruf t fia t it is my responswility to compfy wit.Ii afI state ana fttkra ( regu liztwns ana guufanu in tfi e utifu:at wn of Sma ll. 'MiMrity, '!#men-Owned and S mafI<B usinesses in (J/JJ ra(fl reas, in procurement. I ce rtify tfia t I will ma~ a "900.f fait fi effo rt' to affor, EXCEPTION opport unities for S<JYE. :MtWE, UIB'E and" S<B~'s 5y: __ A_s_t-he-P-ri_m_e_C_o_n-tr_a_ct_o_r .- 1. Including 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 found no ava ilable 3. Reducing contract size/quantit ies, when economically feasible, to perm it maximum subcontracting opportunities . participation by SBE , MBE , WBE and SBRA's ; I also certify that I will fu lfill 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 ass istance of the Small Business Administrat ion , Minority Business employees & resources . Development Agency , U.S . Department of Commerce , Texas Marketplace ; 6. Submitting documentation to the Texas Water Development Board to verify good fa ith D (ch eck if applicable) effort, steps 1-5 . Title Certification Date ION ESTIMATES (Demonstrates maximum potential for MBE/WBE partici pation, based on total co ntract amount) Total Proc urement Cost Cat.gory Tot.al Pqtentlal MBE Participatlon o.i -· ~nsron Co_n~!~~~on .~15/~~lp !~~ -34.0% $ Supplies $ ~CO. Oo • _1!-~o/~-.! Equipment $ • 13.0% $ cv -22 .0% $ _-9_~,fttlD_.~-- •other Issuance Co NIA IV. TWDB APPROVAL SIGNATURES 8 .0% $ -29 .0% $ .. lo <J/100. 6) • 13.0% $ -··---·---"c5<S ___ _ • 26 .0% .. ~-<::L LO()·---~--- NIA .. OPFCA Engineer .Approval Date SWMBE Coordinator Approval Date • Other ISSUANCE costs can include : origination fees ; bond insurance; la nd/easemenl/right-of-way : attorney general fee: paying agent fee or other non-bicl project costs . 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 I. PROJECT INFORMATION A. lWOB Project No . B. Applicant/ Entity Name WRD-218 c. Contract Amount 0 . Progr:am Type (it\$61t '?(· for an that apply} 1----------1---·--·------<>------------------------- E. Contractor Name and Address · II. CERTIFICATION CJ Drinking Water SRF (DWSRF) [I Clean Water SRF (CWSRF) [==1 Colonia Wastewater (CWT AP) [ .J Other __ _ I liere6.J m!if:J. tliat tne a.iow 114,nd .fitm i,r ~ g S!!1!1ff.. !M.inority. 'Women-Owned" fl! Sma{! IBusiness in g q(uraf ~ in accordance witn tlie CZ'gas 'Water<Deve{gpment (JJoartf guidance aocument (S!RP-052l Small Business Enterprise (SBE) Place "X" in the Minority Business Enterprise (MBE) -x- appropriate category Women-Owned Business Enterprise (WBE) ---- Small Business in a Rural Area (SBRA) ··-- Signature • PRIME Contractor Title Date .Signature • APPLICANT/ENTITY Representative Title Date ··-····• Ill. NOTARIZATION State of: (Imprint S eal) County of: ·····;~·:.·~··-. /~~:~~/\ JAMIE L BROWN :*i.~_i*: NOTARYPUBLIC \_;;, ..... .,·:.,/ State of Texas ···1:.e,~i~:-·· Comm . Exp. 06-27-2012 ~ SWORN TO AND SUBSCRIBED before me on : Date Printed Name : My Commission Expires on : IV. TWDB APPROVAL SIGNATURES OPFCA Engineer Approval Date SMWBE Coordinator Approval Date ---··----------·--11-------------l·----0-- 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 I. PROJECT INFORMATION A. B. · : ieab11 C. Ooritrilct 0, P~@R!Tp . ~ No'. · E~tiW Ni.me Af!nount ~ -x· ror,;,lli~·lf>Pl)'l -· --·.~~---1----~--------------------1 II, CERTIFICATION CJ Drinking Water SRF (DWSRF) ~ Clean Water SRF (CWSRF) CJ Colonia Wastewater (CWT AP) CJ Other ----------! l .imb. !l!1ib. t.iat l.if SZB. M!!!lif .JJm il ~ a S!iJiia. !Minorit). ·~gr s!DJ <Business in a~ Aml.. in """"'4na witn w 'fqas Water~ gJgtm{guidimu document {Sif'-QJ'il Small Business Enterprise (SBE) Place ''X" in the Minority Business Enterprise (MBE) A. appropriate category Women-Owned Business Enterprise (WBE) ~ Small Business in a Rural Area (SBRA) Slgnatan ·~ ~Ml;~ TIUe o.--: ~np ·APPLJCAtrrietfflTV ~.~ Title Date ·-~-· Ill. NOTARIZATION State of: {lmprint Sea() County of: SWORN TO AND SUBSCRIBED before me on: ~mLAq,~ , ..-ij;J~·.. JAMIE L BROWN !•(~}•! NOTARY PUBLIC ·• •. ~, ....... ·~,.,: Stat e of Texas ~~-o...;:_'c;{fu,-.-_ Sign a Date . :<~~~~··· Comm. Exp . 06-27-2012 Printed Name : My Commission Expires on : ~ ~ ;J 7 ..... c} IV. 1WDB APPROVAL SIGNATURES ()PF~ En.glnee. ·~~ . .. A~~lD... 1··. S.MWBE C~ll'litor I ·--=-·--------,--~--------- . ~ppr.o~i Date -----1 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 I. PROJECT INFORMATION A. -~Nb. B. ·Ap : icantl C. C.on ·. cf D, Prog~Tyf$ . Entl!_Y_N_.a_m_e __ ~ ___ Am_._'.Qunt"-~---~---------:l_,IM8it __ ._~_~ror_._.•~-•~-·~_·aii_P_.~-1 ____ ----1 c=J Drinking Water SRF (DWSRF) r-i Clean Water SRF (CWSRF) C-__J Colonia Wastewater (CWT AP) [:=) Other ________ _, II. CERTIFICATION l .is!b. fl!1ib. tiat * ~ M!IJli.Jlrm il itr.fgg.. s SJig/f,_ alrnot#]. iWom;n-ownJ or SiJJJlK <Businus ins b!l Ami.. in llffOAAUlff w#n tli6 'lgq.s 'Water~ <Boart! guid'gnq document {Sff-;OJ'2l 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) -· 11g,.... ~~r,i;-~ ... o.w: TIiie -~,. ·APf.llJC~NTIENifTY ~• Title Date ,__. __ Ill. NOTARIZATION State of: (Imprint S1a0 County of: SWORN TO AND SUBSCRIBED before me on : --~~~ :Lo1 .,,., .. ,,. - ,·~~·~-~::~",>· JAMIE L BROWN (."/~(~\ NOTARY PUBLIC \}; .. ~.-~,,,/ State of Texas ··.J.~~~~~-·· Comm . Exp. 06-27-2012 Printed Name : My Commission Expires on: O,; • IV. TWDB APPROVAL SIGNATURES QPFCA Engineer .. Approval Od St,1WBE Co~l~~i' ~ppro~t ·8'te ·-,', ·. ,....;___..._,, ..... _. -------'--'--!---~---------•---------1 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 I. PROJECT INFORMATION A. B. . iCimtl Eritil:Y Nam~ .~No. -·--·~ II. CERTIFICATION C. Q'Of'lf,:act 0 , Prog~Tp . AP'i®t!I (~:"J<~tor••ih•ta~p1yJ -··--' .. ~· ~--------........ ------------1 C:=J Drinking Water SRF (DWSRF) r.J Clean Water SRF (CWSRF) C-_J Colonia Wastewater {CWT AP) C:=J Other ________ ~ l 6m6., f£lib. tMt * slm ~.Jim il it!;fgg., s S!!!ill.. at~. 'Womm-Owngliic sm4 qJu.sinus it! g b!{ .&:lg,_ in acwnt;nu w#6 tlie 'lgas :Waur~ <JJoart! guillimu doaanent G'fflf-o,W Place "X" in the appropriate category Small Business Enterprise (SBE) Minority Business Enterprise (MBE) Women-Owned Business Enterprise (WBE) Small Business In a Rural Area (SBRA) S,lgMtu~ -APPLJC~trrstttrY ~~-··._.·.·•·_·~_.·. •-+------''-'---t1_t1e_· ____ -1-------· ~oa_te_·------f Ill. NOTARIZATION State of: (Imprint Su{) County of: --~ SWORN TO AND SUBSCRIBED before me on : 1 t:ff f > ji~~R~ ~~~i~ \ ;; ••.... .---~/ State of Texas ··.~.'!,~~~·· Comm. Exp. 06-27-2 012 IV. TWDB APPROVAL SIGNATURES (;)f>F~A Eilglneer ... Apptoval .oatj:·. $MWSE C~lf)i~r Appro~i Dalt& r---......;._~......;._--'-•.-'-----·'--· . -------1---,---~~-------t---~ ·----1 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 I. PROJECT INFORMATION A. .~No. B. AP,·.· l<iiantl Ehtm-Namia C. COJfhcf A!:nQ1,1nt P~,:ilr\1Type ,(~")(·tor•llilm·ai>P.I.Yl ~--+-------------------------1 E. C.enlre.ctorNwne amJArJ<;t•· CJ Drinking Water SRF (DWSRF) ~ Clean Water SRF (CWSRF) C-_J Colonla Wastewater (CWT AP) d,.*l~J CJ Other ________ ---1 II. CERTIFICATION I lfflb !iE1ib. tNzt * s.im. !JJHl!ll]im il ~ s S!ii!J!l.. ~. ~·i,i-:S:J gJusinus ins~~ in accon1anq w#6 tlie 'lgas Water~ <:Boara guidima aocwnent ~-QSil Place "X" in the appropriate category ,,.- Small Business Enterprise (SBE) Minority Business Enterprise (MBE) Women-Owned Business Enterprise (WBE) Small Business in a Rural Area (SBRA) TIiie ~ .• APPLIC~NTIENTIT'f ~tf.ie Title Date ---------'------''-------+---~---'-'~----'-----f Ill. NOTARIZATION State of: (Imprint Seal) County of: ·····~~!~·i···, ... ~0~1 <,;·.. JAMIE L BROWN f * [: ,~) * ! NOTARY PUBLIC \_:;, ••.•.•• ·:.,/ State of Texas : ··.1.1?;~~~~··· Comm. Exp. 06-27-2012 SWORN TO AND SUBSCRIBED before me on : Date My Commission Expires on: , IV. TWDB APPROVAL SIGNATURES ~PFcA eil;tn~L....._ . ·· Ap.~la1 ·~~·· . .~· ~-s_.MWB __ e_c_o_on1_ .. ·•_1_.~_·1o_·: ,--'-__ , ___ A_P_PfO_.•~•· ~.•_ oa_. ·._te __ _, 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 I. PROJECT INFORMATION A. IYVUts ' .. ·~·No. B. Afjpfioantl C. C:~ttact l), PJQ0@11!1 Typ$ . EolilY Name Al:n®-1'!1 .~~,(· ror ·-•h1p~1 --~----~-------1-----------------------1 II. CERTIFICATION C:=J Drinking Water SRF (DWSRF) t-i Clean Water SRF (CWSRF) C---=:J Colonia Wastewater (CWT AP) c=J Other ________ --1 1.il!!b m1ifJ. t.iat tlie s.im !J!!!Ml}im H il.!;fgg.. s S!!J!lll. :Mrnorit). ~.et S!JJ <Business ia s ~ ~ in~ wit6 tlie Tsas 'ff'aur~ <Botml gui44na (ocum,nt G'S'fi::OJ&l Place "X" in the appropriate category Ill. NOTARIZATION State of: County of: Small Business Enterprise (SBE) Minority Business Enterprise (MBE) Women-Owned Business Enterprise (WBE) Small Business in a Rural Area {SBRA) SWORN TO AND SUBSCRIBED before me on : (Imprint S1aQ Printed Name: My Commission Expires on : (J(o-·~ 7,. JD f Z-; IV. TWDB APPROVAL SIGNATURES OPF~A Ernrlneer . A~proval Datt . $MWBE Coprdl~i@i' ~p~~· .~ t----~-~. ·----'---'"-. -------'-~1·---------__,;_--1---~------t TEXAS WATER DEVELOPMENT BOARD LOAN/GRANT PARTICIPATION SUMMARY SRF-373 SRF-373 Revised 0 7/2 1/06 I. PROJECT INFORMATION A. 1WDS Project Number B. Appl icant/En ti ty Name ------------------ lWDB Construction Contract Number : C. Contractor loan Amount D Drinki ng Wate r SRF (DWSRF) [K]c 1ea n Wate r SRF (CWSRF) LJColo ni a W astewater (CWTA P) O o th er II . LIST OF ACTUAL CONTRAC TS I PROCUREMENTS Ill. I Column 1 N Enter the full name, street address , city/state/z ip for each firm awarded a contract for the project $ Column Z T ····-.. ·--··--~~--~-----·· ···•· ·--·-···-·--------·-·-·--------------~-· Enter the procurement category : CONSTRUCTION ; SUPPLIES ; EQUIPMENT; SERVICES ... R Col umn 3 u Enter the type of business : SBE ; MBE; WB E; SRBA; or OTHER ,omn, , hhr>-SOE MriF w,?t' "'' SBRM C Column4 T Enter the exact. amount of the awarded contract I Column 5 0 Enter the exact date the contract was or will be executed N Column 6 s " Enter the certifica tion type 11 "· m,tM tu<ler11i. NGTRCA C~, t·f ;ioutN'I ::;o,<-CNt.h,a\"" etc) Column 1 COh.lrill'! 2 Column 4 Column 5 Name & Address of Contracted Procurement Column3 Type of ·susin~ss Actual Contract Contract Cofum116 Type of SMWBE Certification Fi rm/Vendor Category Awarded (S) Execution Date ----~-------'--------· ------------ S£ I Fimuy certify tliat a{{ of tFie firms li.stea alwve were contractea to worfton tlu specifid project. I aCso certify that I wi([ immed'wtefy notify tfie <ft.J(as 'Wau <Devewpment <Boarrf if any of tlu listea minority, women-ownea or rura( firms an tenninatetf from tfu project , Date OPFCA Englnee.r Approval Date SMWBE Coordinator Approval Date PRIME CONTRACTOR: CONATSER CONSTRUCTION TX, LP PROJECT DESCRIPT ION: VILLAGE CREEK DRAJNAGE BASIN COLUMN/ COLUMN] NAME/ADDRESS OF ENTITIES CON TRACT CATEGORY Robert Granados Trucking Services and Supplies 5412 Kingslink Circle Fort Worth , Texas 76135 Cowtown Redi-Mix Supplies PO BO X 163267 Fort Worth , Texas 76161 Roadrunner Traffic Supply Supplies 3200 Marquita Dr. Fort Worth, Texas 76116 ("' TrueBlue Services Services 8716 S. Water Tower Rd . Fort Worth, Texas 76179 , , MJ Pipeline Inspection , Inc. Services PO BOX851 Granbury, Texas 76048 Haros Partners , LP Services 5112 Mos son Road Fort Worth, TX 76119 National Waterwor1<s Supplies P O BOX 840700 Dallas , Texas 75284 JLB contracting , LLC Supplies POBOX24131 Fort Worth, TX 76124 Rinker Materials Supplies PO BOX 730197 Dallas , Texas 75373-0197 Conatser Construction TX, LP Supplies/Services PO BOX 15448 Fort Worth, Texas 76119 COLUMNJ COLUMN4 TYPE OF BUSINESS ACTUAL CONTRACT AW ARD ED MBE $94,190.00 MBE/WBE $66,900.00 MBE/WBE $2,000.00 WBE $1 ,800 .00 WBE $7,3 00.00 MBE/WBE $4,500 .00 Non-MBE/WBE $133,297.00 Non-MBE/WBE $4,600 .00 Non-MBE/WBE $14,300.00 Non-MBE/WBE $599,649.50 $928,536.50 COLUMNS CONTRACT EXECUTION DATE September 9, 2009 September 9, 2009 September 9, 2009 September 9, 2009 September 9, 2009 September 9, 2009 September 9, 2009 September 9, 2009 September 9, 2009 September 9, 2009 COLUMN6 TYPE OF CERTIFICATION NCTRCA NCTRCA NCTRCA NCTRCA NCTRCA NCTRCA NIA N/A NIA N/A FORM SRF-373 Page 1 SITE CERTIFICATE ED-IOI 01 /03 /00 This is to certify that the _C_r_TY __ O_r_-_Fo_e:_T_w_o_e_Tl_t ________ _ (Legal Name of A pplicant, i.e ., City , Di strict , etc .) has now acquired, taken bona fide options on , or initiated formal condemnation proceedings against all property (sites, easements, rights-of-way, or specific use permits) necessary for construction, operation and maintenance of EWttter) (wastewater) facilities described as \J1LLI\Gf U.ee:.c D~A 6€. g.45r.,u >)tJJJT1rR-Y ~we~ (Proposed Contract No. and Descripti o n) in accordance with plans and specifications approved by the Texas Water Development Board. Any deeds or documents required to be recorded to protect the title(s) held by ClT Y o f Fo /2.T w o "-Ttl (Legal Name of A ppli cant) have been recorded or filed for record wherever necessary. In the event of conflicts with existing underground utilities , or to preserve unknown cultural or historic resources, the CTT'/ OF FoR-T c.Jo2...TII (Name of Applicant) has the right of eminent domain and will take condemnation action , if necessary , to acquire any sites , easements or rights-of-way which may be required to change the location of any of the facilities described above; and upon acquisition of the rights-of-way and recording of documents, will submit another site certificate to that effect. (' it{f1:l~1~ ,2001 EXECUTED this f:iikf2'~'h ~ (Titl e) 1 J Note: This certificate MUST BE EXECUTED BY AN ATTORNEY OR AN ABSTRACTOR qualified to evaluate the Applicant's interest in the site and make such a determination . BIDDER'S CERTIFICATIONS v~\lca,f wt-Oro.."'°'Z>e E:,u,5"'" ss .Cyste-~~\.ob Pc:L,~ ~ Project Name Project Number Cws ~ F 11 7ZI 0~ Contract For G ·:l y a~ ~oJ tJo ,0-.. The following certifications must be completed by the bidder for each contract. A. EQUAL EMPLOYMENT OPPORTUNITY: WRD-255 09/12/0 1 ( ) I have developed and have on file at my each establishment affirmative action programs pursuant to 41 CFR Part 60-2 . ( ) I have participated in previous contract(s) or subcontract(s) s ubject to the equal opportunity clause under Executive Orders 11246 and 11375 . I have filed all reports due under the requirements contained in 41 C FR 60- 1.7 . ()(.1 have not participated in previous contracts(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375 . ( ) I will obtain a similar certification from any proposed subcontractor(s), when appropriate. B. NONSEGREGATED FACILITIES X) I certify that I do not and will not maintain any facilities provide d for my employees in a segregated manner, or permit my employees to perform their services at any location under my control where seg regated facilities are maintained ; and that I will obtain a similar certification prior to the award of any federally assisted subcontract exceeding $10,000 which is not exempt from the equal opportunity clause as required by 41 CFR 60-1.8. I understand that a false statement on this certification may be grounds for rejection of this bid proposal or termination of the contract award . nature of, idder's Autho ed Representative C uNJs u-(',01tSttuc.i1()>\._ TX1 LP P.O.f3 ox f5'/C/<t For+ Wnr4 .Rta:> Ju . l Name & Address of Bidder 59 WRD-259 3/20/02 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 must bid projects for construction , improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non- resident's principal place of business is located. A non-resident bidder is a contractor whose corporate offices or principal place of business is outside of the state of Texas. This requirement does 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. The failure of out-of-state or non- resident contractors 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 ofbusi~~' 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 required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas:_~'X~----- BIDDER: Company City State Zip Signature Title: (please print) THIS FORM MUST BE RETURNED WITH THE BID 60 Covers .doc APPENDIX B PERMITS !JUPLICAT!: ORIGINAL· RAILROAC C0°Y Form Approved, A VP-Law 07/25/06 PIPELINE CROSSING AGREEMENT Mile Post: 240.05, Dallas Subdivision Location: Fort Worth, Tarrant County, Texas AUDIT 250611 Folder No. 2527-03 THIS AGREEMENT ("Agreement") is made and entered into as of October 07, 2008, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and FORT WORTH, CITY OF, to be addressed at Dept Of Transportation And Public Works, 1000 Throckmorton St, Fort Worth, Texas 76102--631 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Three Thousand One Hundred Sixty Dollars ($3,160.00). Article 2. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the tenn hereof, to maintain and operate one 8 inch encased pipeline for transporting and conveying waste water only across Licensor's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated October 07, 2008 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying waste water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article 4. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is hired by the Licensee to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's current form of Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and an understanding of its terms, provisions, and requirements, and will infonn its contractor of the need to execute the agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's property without first executing the Contractor's Right of Entry Agreement and the contractor providing to the Licensor the insurance binders, certificates and endorsements described in the Contractor's Right of Entry Agreement. Article S. INSURANCE. A. Before commencement of the tenn of this Agreement and prior to any Pipeline construction, the Licensee, at its sole expense, shall provide to the Licensor the insurance binders, certificates and endorsements described in Exhibit C, attached hereto and hereby made a part hereof. The Licensee or it's contractor, whichever entity will be performing the Pipeline c onstruction, will need to procure a Railroad Protective Liability Insurance policy for the dW'ation of such work, as described in Exhibit C. B . Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence shall be directed to: Union Pacific Railroad Company Real Estate Department Folder No. 2527-03 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 D. If the Licensee is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or-subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of Licensor. Article 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY FORT WORTH, CITY OF . /) B;===i;t_ • ., • • • _,. "'~..,..{.,_ ___ .,. Name Printed: Femando costs Title: As&lsf~-~ City Manager // ~ ,/v.!/ FOHM OR·· 0404-13 RE V. 5-15-96 ENCASED NON .. FLAMMABLEww .uprr .com PIPELINE CROSSING NO SCALE NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APP LICATION. ® 240 Fr. t --__ n. (>EE HOT[ l I S) 1.5...n. (W.B. MAIN) 90 0 0 Dallas ( Al'Cl.t 0 < tAOSSIIIG) ~ 10 I fld:AA(S.I A. R. TO'#N) ( 0[SCRl8€ rlXED DBJCCT) [SU ij01 ( 6) ( O(!,CII/DE r JXtO DBJECJ) _/ s(, NOT( !) lOl~lANCC /\LONG TfU,CII. fhOM S(CllOH LINC CflOS.$fHCJ k---------..13.Q_rr.,---~~ 1., LO CA11 0MS NOT lJ!.JNC;. SCCTIOH~, D)STANC[ _Ji FT. (W.B.MAJN) (HO!£: 11<15 OIU(NSIO~ AEOUIR(O lk ALL CAS[S. @ TO• LCCAL SUAl/1'.Y llHC IS RC<ll!l~[O..;) ..... __ ~-------1 ..fil_Fl. --------<>-14-.J.l...F T • .1.L.n . STEEL CASING WALL THICKNESS CHART r :~:-.::!T2 __ ,:::_-_-__ -t!---,,,,.,. ..... ....--,----"'--<--,. A SUBCRADt MIIIIMUI.! THICKNESS • 2500" r,4- OIi.METER or CASING PIP( 12" OR LESS OYER 12"-18" OVER rs·-zz· OVER 22'"• 28" OVER 211"· 3~" OVE!I 34"· q2• OVER ~2"-48" SEAL CASING 22 _FT, 0 --,,------ / ___ I ~/ ~/ ....... /--" -1 .. "J !K-'l CASINC ' ' • 3125" S/16" • '750" ]18" • 4315" 7116" . sooo· 112· • 5625" 9116" • 6250" 518" OVEA 48" MOST 8E APPROVED BY R.R, CO. NOTE: THIS CHART IS ON\.T FOR SMOOTH STEEL CA!INC PIPES WITH MINIIAUII YIELD STRENGTH or ]5, 000 PS I, S FT. M--n . ---->! Jj_n. FORl.lUlA TO FICUR( CASIIIC LENGTH WITH ANGLE or CROSSING OTHER THAN 90-i.-------------172 FT. 172 FT. NOTES I (CASl>IO L£kClh WHEJIY£ASUAF.O •LO..C •IP(LINC.) !l 11 JLL HOIIIZDIITAl OISUIICES TO 8E "t•SUREO Af RICIIT ANI.I.ES 'IIOll i. Of TRAC•. 11 CASlll<l TO UT[IIO IIUOll!l Tt<C I. o, TAAt• AT RIGHT ANCl.fS THC CA(AflA Of 10 • 20 FT., OR lO fl., B AICl B[VOltO LIMIT<$ RAILROAD ~ICMT-Of-WAY If NECE$$ ... T TO P~OVIO[ PIIOl'lll ltNOlH OUT~IO[ Of TRACI, )I MINI-Of so· rROM THE ENO "" .u« RAllAOAD BRIDGE, 'I. OF Atrl CIA.VOi. OA FAOM "IV SWIJ(WINC ARU. MIN. 01ST. (MOlE 2) 41 SIC .... L R(PR[!,[NfA!IV[ MUSI BE P•£St1ff OLIIINC INSHLLATIO• (r RAILAtAO llCIIAL~ AR( IN Tt<l VICINllV Of CAD5SINC. SI ALI.OWA&L( FIX£D OIIJ[CTS )NCLUOC IIACIWAI.LS Of BAIOCHI 'I. or ROAD CROSSJNCS I O'l£Rll(.0 VlAOI.CTS 'GIVE AOr.D NA!,1[1 , OIi Cut.YEAlS, &> CASING ANO CARRIER PIPE MUSI DC P\.AClO A Y I N!-Of 2 rccr SELOII TH£ OISTIHC FIBER OPTIC CAIII.E. Alff £XtAVATlllOI ACOUIREO WITHIN 5 HU Or THC UISTIIIG fl&ER OPTIC CABLE NU!r 8t HANO 0UC.. A) 15 PIPELINE CROSSINC WITHIN DEDICATED STREET ?~_Yts;_K__No; 81 IF Y£S, NAME OF STREET _N_A ________________ _ Ol DISTRIBUTION LINE ___ OR TRANSMISSION LINE -~Xu.-_ Cl CARR I ER PI PE : COMMOOI TY TO 8£ CONVEYED __ W_AS_T_E_W_A_T_E_R ________ _ OPERATING PRESSURE PSI S" WALL THICKNESS 0240 ;DIAMETER ___ ;MATERIAL SDR35 El CASING PIPE: 0_250.. 12" STEEL WALL THICKNESS ;DIAMETER ;MATERIAL ; NOTE : CASI NG MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DlAMETER OF CARRIER PIPE ANO INTERJOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTS!OE OF CARRlER PIPE AND INSIDE OF CASING PIPE. F> METHOD OF INSTALLING CASING PIPE UNDER TRACKIS>: __.X__OAY BORE ANO JACK (WET BORE NOT PERMITTED) __ TUNNEL ; OTHER------------~----- GI WILL CONSTRUCTION BE BY AN OUTSlOE CONTRAC TOR? X YESj~-NO; HJ DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BDRl~G AND JACKING PITS WHEN MEASURED AT RJGHT ANGLES TO TRACK 100' I l APPL! CANT HAS CONT ACTED I-800-336-9 193, ( :IQ ' UI N.) U. P. Cm.t.llJN IC AT!ON DEPARTMENT, ANO HAS DETERM I NED FIBER OPTIC CABLE_x_DOES ; __ DOES NOT EXIST IN VIC I NITY OF WORK TO BE PERFORMED . TICKET NO, 20080804116 EXHIBIT "A" UNION PACIFIC RAILROAD CO. 0, \\,<, I MJMIIYIUOlfl E. S. l"l'-'"1'<+ l{O~ M. p 2'\o.oS" ENCASED S-. ... f1, \Jwt~ ~-"""~ CROSSlNG AT Tarf'a"'i" Tl< 1¥tA.IC\.1 CIJTJ I COlMIY) I :1.hJCJ £'0 C. ~.h.i.r1.H 1•l'f"ttt•1ni RR FI LE NO. ;;z. .>~ 7-0,.3 DATE 10-1-or II' A R Pl I N G I " Al l OCCASION,, lL P. COIIMUIIICA I IOHS O(PARTMf:MT WST 8[ COIITACTto IH AOVA/CC Of ANY .c;lllt 10 D(TEAIIII!! (XIST(HC( A>IO LOCAi ION or FIDEii OPTIC CAIILC . PHONE : l·f00-"6-''" Form Approved, A VP Law Updated 07/2006 EXHIBITB Section 1. LIMJTATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelincs, pipelines and other facilities upon, along or across any or all parts of its property, alJ or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. A. The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering -Design, or his authorized representative; (ii) - such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable Jaws, rules and regulations ("Laws"). Ifthere is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C . Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or hls authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative . The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground . Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days ( or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion . Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and unintermpted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business intermption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p .m . Central Time, Monday through Friday, except for holidays) at l-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDffiON TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HA VE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor perfonned upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished . B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to , or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmJess the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attomeys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, THE LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS WHICH IS DUE TO OR ARISES FROM: 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; OR 3. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY TIIE SOLE DIRECT NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT TIIE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the L icensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee . Section 12. W AIYER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept , observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A . If the Licensee does not use the right herein granted or the Pipeline for one (l) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately tenninate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given . C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Te!lllination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto . Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Fann Approved, A VP-Law Updat.cd 0812006 EXHIBITC Union Pacific Railroad Insurance Requirements Licensee shall, at its sole cost and expense, (except for Railroad Protective Liability Insurance required in Paragraph D), procure and maintain in effect during the term of this Agreement the following insurance coverage_ Licensee shall procure and maintain, or cause to be procured and maintained by its contractor, at its sole cost and expense, Railroad Protective Liability Insurance coverage described in Paragraph D during any period of construction, maintenance, repair or reconstruction work. A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence fonn CG 00 01 12 04 (or a substitute fonn providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 IO O 1 ( or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Covera2e insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 ( or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement -Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: • Licensee's and/or Licensee's contractor's statutory liability under the worker s' compensation laws of the state where the Utility/Facility is located. • Employers' Liability (Part B) with lin1its of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee, and/or Licensee's contractor, is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S . Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance : • Alternate Employer endorsement ISO form WC 00 03 Ol A (or a substitute fonn providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. Railroad Protective Liability insurance . Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Licensor before the work may be commenced and until the original policy is forwarded to Licensor. E. Umbrella or Excess insurance. If Licensee, and/or Licensee's contractor, utiliz.es umbreJla or excess policies, these policies must "follow form" and afford no Jess coverage than the primary policy. Other Requirements F. All policy(ies) required above (except worker's compensation and employers liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Licensor as additional insured shall, to the extent providecl under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Licensor's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits alJ punitive damages that might arise under this Agreement. H. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. I. Prior to commencing any work, Licensee, and/or Licensee's contractor, shall furnish Licensor with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Gwde Rating of A-and Class VII or better, and authorized to do business in the state in which the Utility is located. K. The fact that insurance is obtained by Licensee, and/or Licensee's contractor, or by Licensor on behalf of Licensee, and/or Licensee's contractor, will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. L. All insurance correspondence, certificates and endorsements shall be addressed and mailed as folJows: Union Pacific Railroad Company Real Estate Department, Folder No. 2527-03 1400 Douglas Street, STOP 1690 Omaha, Nebraska 68179-1690 ··.······· L~ ~=nl .IT,,titmsporm1Jon Notice of Proposed Installation Utility Line On TxDOT Highway Right of Way Insta ll ation Application On li ne v ersion 4/2006 To the Texas Transportation Commission c/o District Engineer Texas Department of Transportation Fort Worth District, Texas Formal notice is hereby given that Date 6/19/2009 Application No . FTW20090619131048 City of Fort Worth proposes to install a utility facility w ithin the right-of-way of IH0820 in Tarrant County , Texas as follows : (details are shown on page 2) Project consists of the following 3 sites for installation of upgraded sanitary sewer for the City of Fort Worth: Sanitary Sewer Lateral 5133 -installation of 1622' of 10" SS Main by pipe enlargement. Installation will be along existing main alignment (outside of pavement limits) and parallel to the Southbound Loop 820 Frontage Road between Macao Lane and Talle Road; Sanitary Sewer Lateral 2389 -installation of 1005' of 8" SS Main by open cut . Installation will be along existing main alignment (within pavement limits) and parallel to SH 303 (East Rosedale Street) between Lloyd Ave and Griggs Street. At Griggs Street, proposed main crosses SH 303; Sanitary Sewer Main 188 -installation of 184' of 10" SS Main by pipe enlargement. Installation will be along existing main alignment (within pavement limits) and cross East Rosedale Street approximately 250' west of Ransom Terrace. The line will be constructed and maintained on the highway right-of-way as shown on the attached drawing and in accordance with the rules, regulations and policies of the Texas Department of Transportation (TxDOT), and all governing laws, including but not limited to the "Federal Clean Water Act ," the "National Endangered Species Act," and the "Federal Historic Preservation Act." Upon request by TxDOT, proof of compliance with all governing laws, rules and regu lations will be submitted to TxDOT before commencement of construction . Our firm will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed installation , and we will revegetate the project area as indicated under "Revegetation Special Provisions .· Our firm will ensure that traffic control measures complying with applicable portions of the Texas Manual of Uniform Traffic Control Devices will be installed and maintained for the duration of this installation . The location and description of the proposed installation and appurtenances is more fully shown by _3_ files containing drawings and other pertinent information uploaded to the website. Construction w ill begin on or after September 7 2009 and end on or before February 3, 2010 I certify that I am authorized to represent the Fi rm listed below, and that our Firm agrees to the conditions/provisions included in this notice . Utility Installation Owner """'"C""'it.._y""o""f""'F""o"'"rt'-W'"'"'o"'"rt""h;__ __________ _ By Brian O'neill Title------------------------ Address 1000 Throckmorton Street Fort Worth, TX 76102 Phone No . 817 -783-8883 E-mail address brian .oneill@dannenbaum .com Application No. Date Util ity Installation Owner By TxDOT District County Route Control Section Application Details FTVV20090619131048 6/19/2009 City of Fort VVorth Brian O'ne ill Fort Worth District Tarrant IH0820 000813 Project consists of the following 3 sites for installation of upgraded sanitary sewer for the City of Fort Worth : Sanitary Sewer Lateral 5133 - installation of 1622' of 1 O" SS Main by pipe enlargement. Installation will be along existing main alignment (outside of pavement limits) and parallel to the Southbound Loop 820 Frontage Road between Maceo Lane and Talle Road ; Sanitary Sewer Lateral 2389 -installati on of 1005' Description of 8" SS Main by open cut. Installation will be along ex isting main al ignment (within pavement limits) and parallel to SH 303 (East Rosedale Street) between Lloyd Ave and Griggs Street. At Griggs Street, proposed main crosses SH 303 ; Sanitary Sewer Main 188 -installation of 184' of 10" SS Main by pipe enlargement. Installation will be along existing main alignment (with in pavement limits) and cross East Rosedale Street approximately 250' west of Ransom Terrace . G 1210 3642-32 Dgn PLANS Part 3 L- Attachments 5133 L-5133pp01.pdf --- G_1210_3642-32_Dgn_PLANS_Part 3_L- 5133 L-5133pp02 .pdf G_1210_3642-32_Dgn_PLANS_Part 3_L- 5133 L-5133pp03 11 18 .pdf TxDOT -Fort Worth District CHECKLIST FOR REVIEW OF NOTICES OF PROPOSED INSTALLATION Online version 05/2009 Yes No N/A 181 D D Are other existing utility lines in the vicinity shown on the plans and have you included vertical elevations and horizontal alignments for these existing utilities based on the department's survey datum? 181 D D Are the right of way line and edge of highway pavement clearly shown on plans? 181 D [] For lines to be installed parallel to the highway, have you included the design, proposed location, vertical elevations, and horizontal alignments of the utility facility based on the department's survey datum, the relationship to existing highway facilities. CJ 181 D For installations parallel to the highway, does the installation alignment change? Alignment changes need to be justified and reasonable . [J [J ~ For gas crossings, are all encased gas lines showing vent pipes at right of way line and all gas pipes clearly marked with owners signs? D D ~ For aerial installations, do the plans clearly show and differentiate between existing poles and new poles? 181 D [J For highway crossings, is the location of the crossing clearly shown on the plans? The crossing should be as close to 90 degrees as practical. ~ D [J The following statement is clearly stated on each page of the plans : CONTRACTORS : IT IS YOUR RESPONSIBILITY TO CALL THE TXDOT AREA INSPECTOR 48 HOURS PRIOR TO START OF CONSTRUCTION . (see specs for utility installations for contact numbers) 181 D D Are the utility plans legible, drawn to scale, and accurately dimensioned and when printed out are easily read? DD [J It is understood it is the application owners' responsibility to file the 48 hours job start notice through the on line UIR Electronic program. In the comment box you shall enter the name of the contractor, on site supervisor name and cell number and the date the construction is going to start. To be determined at award of contract ~ For lines crossing State highways or roads, crossing intersecting streets/county roads, or passing through the protected root area of desirable trees, is it clearly shown in description and on ALL plans that the line will be installed by conventional dry auger boring unless otherwise approved by a TxDOT engineer or Inspector? In addition, casing should be shown under highways and paved city street/county road intersections . (XIST. &• $AH. SEW. (l--:5133) om., ...... _/ SEW. (l-S1H) ---+ +o +o 80 SCAl.£1NFttT BENCHMAR KS corw NO. U1S ON ~ LOO-A AAl,l[Y ST. O',Q;P,US ON 5'W DIO ~ 11"10(;[ SOUfH IIOLtolO LAH( I+. aTY MOtt. TAa.ET i,631 S S(T L£VEL IN WAUC 2.-'' IIE>l!ND Fl+.CEC l1.SF'ROMS.OIOC'lll'IIOCC. OE,'1+.TION • 81-011 corw NO. ra7 ON TH[ NOFITM\IIOT CORHDI OF 'm.. Oil ~O THC SOUTH IIOVNO SOIV1C£ IID. TO 1-120 (CIIA"«>IS 110.) ON THC NORn-l OJREI ~[ rl VD. 011 . 30' 'fl(Sf 1)1" lH[ W[fT ca UN[ rl THt SOJn-l BOUND SIJt',IIC( l'tD. l'4 TH[ CD1ltll0ifl+.10'1NI.CT1.00l'T1HCl"AC£~TH(C\1119. EllVl+.T'ION .. 101.441 NOll:THIMC • 11141$77.44 £ASlU,IO •:tllG3)2.71 TOPQGRAPHlC LEG(NQ COST. CUIII INLLT .£::1. COST. STIJtM SFt101 :::: OCIST. Sl+.H. stWD1 -&" S,_. .t.aANOai S~. SOIOI \«" 'tS~ ~OP. Sl+.H. SOIER ~ IIEUNCCIS.AH,stllEJII ~ l'tlGttT rl WAV """"PO.£ ......... C:OST. CAS UHf EXIST. WAlD: 1/AL\oE __..,_ -a·w- -a . .; <!) CA.$1/1+.lY[ IRON ROD Sl+.H. !OD a.£1+.NOUT ~ SAH.~MAl<IHOU: e M/V CONTROL '"' NOl[; lHE CONTIUCTOII 3H1+.U. CQtlTACT THC ro.J.OW_NC AT \LAST 41 WOVIIS ~111:0II TO DCl+.Vl+.TtK. N THIS IJIEI+.: rOIIT WO!lTM Wl+.ltll OCPAATNDIT ro,n WORTH LICHT AMO SIGNAL 1[XA5 EXCAI/ATIOH SAfOl Sl'!rn)I AT• T ANOS OIDICT ·"""' ""'"'"""' S8C TUfPHQN( ou.l!Tn COt,ll•NCAllOHS 117-312-1291 117-Jl2-1100 1-I00-34+-IJ77 1-,oo-11a-an1 817-21~.;,fl 111-215-121" 1-IC)()-1"-213J 117-ll&-6119 e11-sot-n12 t1'11<.8T 01+.Tt ._.,LLACE CREEK ORAlNl+.GE BASIN SANITARY S[WE'R S'l"Slt)j ROIABIUTATION PART 4 SEWER PRO..CCT No. P254-701139990100 o.o.E. PRQ.[CT No. 02.41 CITY PRO..tCT No, 010'4 X-21005 PLAN & PROFILE SAN. SEW . LATERAL 5133 STA 9+75.00 TO STA. 15+00.00 S.S. MAP No. 2054-Jeo de 2.0&4-384 DANNENBAUM ENGINEERING CORPORATION -~ ::I ~con..-.... •S<W.(H•,o) • COH11'l4CTORS:1TISYOI.M At:SPCNSIBIUTY TO CAU lHE TiaJOT : I ,,,.,. ..... "' ..... ""' .... ,,. .. TO n...-.:r or COISTRUCTION I l;:J:c1:1~~':'/,.~~lil=TY A/«J IS MSPCNSIH..£ rOl'I AH'I" OAWAC( OONC DIJJIIHC OCINST1tUCTIOfl 81 0 l 810 r ' t } i H ~! 605 ii ~ itiH 600 nm 605 600 GGtlO~ 595 ""' ~ 590 ,; ~ ~ 51!0 585 ~ 580 575 15+00 20+00 21+00 22+00 23+00 BENCHMARKS N0.1315 OH SE LOOP .l RAMEY ST. 0"'1'.Rl'A5S ON 5W CHO f1F 91t10CC SOU»i IIOUNO LAHC A afY WON. TASUT f8]15 SCT l[VQ. IN WM.I( 2.4' 800NO AC[ C1I 1.5 FRON $. Olt> 0, llftClQ(. 0£IIATION .,81"-2"18 COfW NO. 928? 'THE NOIHWK!!T COANEJt (I 'o'O.. OR. »11> '»1£ SOUTM IClJHO SCRW::C lilD. TO 1-820 (a!AWNS RD.) ON THE l+OIITM OJR8 UNC OF YEl OR. )O• v.f;STCl l'HE '11($T Cl.~£ or M 50..,lM 90IAC) SER"1C( RO , IN lHC T[IIIO,A10'1NlCTtOOf"F1l'1CrACCOf'lHEOJl'llf. W:V.lnoH .. ,01 ..... HCRlHING • H4&!177.4' STIHC • 2.380332.71 TOPOGRAPH IC LEGEND DIST.0JRSIHl,£T ~ DIST.SltlAt,l!il"JIIETI :::::=: DIST. SAN. soot -1• ~ lllfPHOH[VAIA..T AeANOON SAH.. SEllOI '1-f: ~ STORW ORAIN W.AHHQ.C f'fWP.S.AH.S['flOI -~NEDSAH.SC'CJI -WYWIRE lllC>IT Cl WAY ''""'""-' ~11 '"""' OAS""'°' .. o ... OCIST. CAS UHE _,_ SICtlAL 80)( DOST. WA1D'I: VAL..C --(RONl'IOO [)(IST. WA~ UHE -•·w- ODST. WA""' Mmll ~o SA~~CLLANOUT 0'.1ST.F1R[N'ltlf!ANT ~ <> 5AN.W1'1[111MANHOL£ OVDI-IE.ADEI.LC. H/V CONTRO. 'i' <- ~ • t,. VHOEIICROUNO EUC. Q LICICIIICltOJNOffl... ltl.O'HONC MANHOU: © HOlt: rHC CON1"ACTOl'l !HAU. CONTACT 1li[ H'IJ.OW.C Al UAST 41 HOUll:S ,ttiOfl TO CXCJiV.l""C IN 'THIS AMx. ll[V.NO. rtllil l WOii.TH WATUl OC,All:TW[Hl 117-392-82" n>ltt WOftlH U<>IT AHO SICHAL 817-392-1100 TtXAS OCAVAT\Ofl $.vtlT $l'$TOI 1-1~:,,w-&Jn Al • l 1-~8?&-6711 ATWOS OIDICT 117-21!1-t.JH ONCOIII 117-21S-12U TX\J ENDIGY 1-800-Vl-2\ll SIC ffl.DNON[ 117-JJe-Hlt owt!DI COWWHICATIONS 117-509-8272 '"'""'"'' CHtll' OAT[ $1CN ATV~f OANNENBAUM ENGINEERING CORPORA TlON RE GI STRATION I J!12 CITY OF FORT WORTH, TEXAS WATER DEPARTMEN T VIUAOC CREEK DRAINAGE BASIN SANITARY SEINER S't"SltM REHABILITAnON PART • SEWO't PRO..E:CT No. P2S4-7011 3lil990100 o.o.E. PRO..E:CT No . 112•1 CHY PRO..E:CT No. 01054 X-21008 PLAN & PROFILE SAN. SEW. LATERAL 5133 STA. 15+00 TO STA.. 22+00 S.S. MAP No. 20!4-JBO &: 20!4-3(µ DANNENBAUM ENGI NEERING CORPORATION OCSIGNW IT: J"5/BOO OAT'£.: 11/H/OI OIECKE)f"l':100 r r ; r 1 ' ~ l H ~! ii ·1 llitt mu ~!~!~ -I ! ~ I 610 605 600 595 590 !IS 5 ""o 575 ------, I CONTIU,CTORS< Ill$~ 11:CIPONSISIUTY TO CAU.. lHE ncDOT AA(A. INSP(CltJR .ta HruA.5 ~!Ofll TO STAAT OF CON:!1'1\JC110N DOST. a• SAM. sew. o.-:nJJ) --z J- .. 0 .. BENCHMARKS f'WH0.131) X LOOI" A IUJ,t[Y ST. O',Oll"A$$ ON SW OIO 0, IAIOO( $0VlH OUNO LAN£ A OTY liOf, TAIIUT ,a315 StT l£YO. IN WM..ll. 2.4' BDIINO Aa. C9 1.5 fl!CM S. 010 o, lill:IDot. ATION -814.2:U H0.1217 T'Mt NOftlH'fCST C~OI Of ',g. OR. AHO 1HE SOUTH BOUND S(flVIC( • TO 1-120 (atA'i'OIS Ml.) OH TI< HaltTH Cllllel UH[ Cl VtL. 011: . .lO' CST or TME M:ST ca. Ltlt C, TttE .so.JlH IOUNO $[11',IC[ "°· IN nit 1Dl:Of'A10'1NLET1,0~lH[FAt:t.CITHtaJRl!I. EUVATIOH -101.4~ NOflllHtMC • 804'1~17.oM EAS111'Kl •2.)IIOJJ2.71 TOPOGRAPHIC LEGEND DOST.CUUINLET ~ OlST. STORM 5EVIOI ==== OIIST. SAN. SEWDt -1• S,-0-TtUPHON[ YAIA.T CJfl AIANOON SAN. snot -.« ~ 1'11:0P.SAH.SDDI ~ mJNEDSo\N.stWEII - PO'IIEIII Pel.[ "';f OAS MCTtlt 11111 0 DOST. CAS UNE -o- OIIST. WATUI V,t.l,,'lo( -+-- COST. WA'TER ~[ -t' W- IRON FIOO OIST. WAlVt MC'ttll: • Q DIST. nll[ H'lt:IRAHT PM <) SAN . SEWER CI.LAHOUT ~ SAM. SEWER N.•,•lt!OI.C e ~rue. -at-H/VCONTl'lot. A UHODl:Cl'IOUtrtOD.J:c. UNOtllQIIOUNO TEL TtlD'HONt N.1.HHCU (i) "" Q NDtt: 1MC OONTRACTOft SHAU. CONlACT 1Ht rOLLmlffl(; AT l.£AST 411 HOUflS ll'ill:IOfl. TO EXCAYATINC IN TMIS N1EA: f'OIIT "Mll\TM WA.ltll O[PAlttl,IOfT roitt "'°"™ uon AHO SIGNAL TEXAS [XCAVATION SAIU'I' S'l'S10I ATA:T 117-392-11111 117-392-1100 1-100--:,.w-un \-100-111-1111 117-21)-..:itl ATIIOS CHOIGT """" TXU OfatGT' 111-2u-u,, 1-100-2J)-2'1:U t17-JJ!-4t1t t17-S0t-l272 sec Ttl.D'HONt CMAATUI o:>1,ni1UN1CA1ICHS CHK. er DATE S1(>1Al\JRf OANNENBAUI.I ENC\NEERINC CORPORA TI ON REC1STRA1l0N I 392 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT VILLAt.£ CREEK DRAINAGE BASIN SANITARY SEW[R SYST!M REHABIUTATION PART 4 SEMR PAOJECT No. P254-701139990100 0.0.E. PRO.CCT No. 0241 CITY PRO..{CT No. 01054 X-2'1008 PLAN & PROFILE SAN. SEW. LATERAL 5133 STA. 22+00.00 TO STA. 27+95.60 S.S. MAP No. 2~4-380 &: 2otl4-3114 DANNENBAUM ENGINEERI NG CORPORATION 0Al't;11/1'/0e PfllO.t:CT HO: le'Z-31 SHE(l HO: 14 Approval Form Online vers ion 11 /2005 APPROVAL To Brian O'neill Date 6/22/2009 City of Fort Worth Application No . FTW20090619131048 1000 Throckmorton Street District App . No ._2_2_0-_S_S_-_1 _5_1-_0_9 _________ _ Fort Worth, TX 76102 Highway IH 0820 Control Section 000813 ----------------Maintenance Section South Tarrant ----------------County Tarrant TxDOT offers no objection to the location on the right -of-way of your proposed utility installation , as described by Notice of Proposed Utility Installation No . FTW20090619131048 (District Application No . 220 -SS-151-09) dated 6/22/2009 and accompanying documentation, except as noted below. YOU MUST contact the TxDOT inspector Jimmy Vaughan at 817-307-1617 forty-eight hours prior to construction. Mr. Vaughan will approve any and all TCP. This permit is approved with the following stipulations: 1) All open cut and repair will be approved in writing by the Area Engineer prior to work (contact Ralph Garza, (817) 370-6903). 2) All open cut and repair will be done in accordance with TxDOT Standard Specifications For Construction and Maintenance of Highways, Streets and Bridges (Rev. June 1, 2004), Item 361 -Full Depth Repair of Concrete Pavement (page 432). ftp://ftp.dot.state.tx.us/pub/txdot- info/des/specs/specbook.pdf -Buzz When installing utility lines on controlled access highways , your attention is directed to governing laws , especially to Texas Transportation Code, Title 6, Chapter 203, pertaining to Modernization of State Highways ; Controlled Access Highways . Access for serving this installation shall be limited to access via (a) frontage roads where provided , (b) nearby or adjacent public roads or streets, (c) trails along or near the highway right-of-way lines, connecting only to an intersecting roads; from any one or all of which entry may be made to the outer portion of the highway right-of-way for normal service and maintenance operations . The Installation Owner's rights of access to the through-traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except, however, if an emergency situation occurs and usual means of access for normal service operations will not permit the immediate action required by the Utility Installation Owner in making emergency repairs as required for the safety and welfare of the public, the Utility Owners shall have a temporary right of access to and from the through-traffic roadways and ramps as necessary to accomplish the required emergency repairs, provided TxDOT is immediately notified by the Utility Installation Owner when such repairs are initiated and adequate provision is made by the Utility Installation Owner for convenience and safety of highway traffic . The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners . In the event the Installation Owner fails to comply with any or all of the requirements as set forth herein , the State may take such action as it deems appropriate to compel compliance . It is expressly understood that the TxDOT does not purport, hereby , to grant any right, claim, title, or easement in or upon this highway; and it is further understood that the TxDOT may require the Installation Owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice . If construction has not started within six (6) months of the date of this approval, the approval will automatically expire and you will be required to submit a new application. You are also requested to notify this office prior to commencement of any routine or periodic maintenance which requires pruning of trees within the highway right -of- way, so that we may provide specifications for the extent and methods to govern in trimming , topping, tree balance , type of cuts, painting cuts and clean up . These specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming . Special Provisions: FTW_SpecialProvision_ 11 FTW _SpecialProvision_ 12 You are required to notify TxDOT 48 hours (2 business days) before you start construction to allow for proper inspection and coordination of work days and traffic control plans. Use the UIR website for the 48-hour notification . DO NOT start construction until you have coordinated the construct ion start date and inspection with TxDOT . You are also required to keep a copy of this Approval , the Notice of Proposed Installation , and any approved amendments at the job site at all times. By Texas Department of Transportation Buzz Kyler Title District Project Coordinator Fort Worth PLEASE READ .e.h~a.s.e ....... b.~ ...... r..es.R..o.nslb.l~. and ca ll your TXDOT Inspector 48 hours prior to starting construction, and be prepared to provide the following information. 1. Permit and Highway n u mbers 2 .The name of the Utility Company ,a contact person's name and phone n umber. 3 . The name of the Construction Compa ny, a contact person's name and phone number. 4 . A start date 5. Date to be staked, if a pplicable. ~.Q.N.IB.AC..IQ.B..;. UPON COMPLETION OF PROJECT YOU WILL NEED TO CALL THE PERSON THAT IS ON THE PERMIT AND LET THEM KNOW JOB IS DONE. Note: A co~~ of the attached AQproval { including all attachments} shall be on the job site at all times . IF CONSTRUCTION IS FOUND TO HAVE COMMENCED WITHOUT 48 HOURS CALL IN NOTICE, THE JOB SHALL BE SHUT DOWN UNTIL PROPER PROCEDURES ARE COMPLETED. Texas Department of Transportation Specifications for Utility Installations Fort Worth District (revised June 2009) Specifications for Utility Installations Fort Worth District TxDOT Directory For Utilities TxDOT's Mission Statement Safety Protection of Highway Facilities Use of Explosives Protection of Existing Facilities Deviation From Approved Plans Staking of Utility Lines in Advance of Construction Full-Time Supervision and Inspection Notification of Job Start TxDOT Locates Stockpiles on TxDOT ROW Coordination of Work With Highway Contractor or State Forces Work Day Restrictions Inclement Weather Pits Bore and Tunneling Operations Markers Above-Ground Appurtenances Back-Fill of Utility Trenches S ite Clean-Up Repair and Replacement of Rip-Rap and Earth Slopes Special Precautions For Erosion Control Seeding Specifications Aesthetics Required Pruning Practices PruninQ SuQQestions Specifications fo r lJc ility lustall:ui.ons 2 3,4 5 5 5 5 5 5 5 I 5 5 6 6 6 6 6 6 7- 7 8 8 8 8 8 9 10 10 11 Fort \\.l urth Uistr ict J . D. GREENHILL BUZZ KYLER PAUL FIERRO JOSEPH BENNETT JIMMY VAUGHAN STACY CLACK CLARA ELLIOTT BRENDA WATTS RONALD ROBINSON RANDY BOWERS JERRY STOUT BILL NELSON GREG CEDILLO VACANT RALPH BROWNE OSCAR CHAVEZ JIMMEY BODIFORD DAVID NEELEY S p ec ificati on s for Ut ili t.y l ustalfa ri ons TXDOT DIRECTORY FOR UTILITIES UTILITY AGREEMENT/ PERMIT COORDINATOR UTILITY COORDINATOR UTILITY COORDINATOR UTILITY COORDINATOR UTILITY OBSERVER UTILITY OBSERVER for S. TARRANT JOHNSON, ERATH, HOOD & SOMERVELL, for N. TARRANT PARKER, PALO PINTO, JACK & WISE, AREA ENGINEER ASSISTANT AREA ENGINEER UTILITY COORDINATOR AREA ENGINEER ASSISTANT AREA ENGINEER UTILITY COORDINATOR AREA ENGINEER ASST AREA ENGINEER ACTING AREA ENGINEER ACTING ASSISTANT AREA ENGINEER 3 817 -370-6588 817-370-6827 817 -370-6865 817-370-6883 817 -307-1617 817-313-3873 817-370-6585 817 -370-6589 817-202-2900 817-202-2900 817 -202-2900 940-626 -3400 940-626-3400 940-626-3400 817 -399-4302 817 -399-4302 817 -370-6638 817 -370-6638 For r W o1·tl1 Distric r MARC Mc ENDREE DAVID BULLARD JOHN CORDARY VACANT AREA ENGINEER ASST AREA ENG. /UTILITY COORD. AREA ENGINEER ASST AREA ENG. /UTILITY COORD. lii'~~~]ii'ifa~~i~'il1il &1~P~ti.~~~t1.~s.~mm11ica~~ RALPH GARZA MAINTENANCE SUPERVISOR BRYAN ANDERSON UTILITY OBSERVER • ~~·, 0 *~>1:e :&·_~~w;f(::.·:~ -- . · .. · .. It!;-l"'lfl' .. ff'9al·:m·.· .. E C<!,,.~.t~k 001.w..'I:~-~ ... ~"l!!~ ..... ><li~ , ~.ti! RICKY TOMPKINS MAINTENANCE SUPERVISOR KEITH PROCHNOW UTILITY OBSERVER (WISE) GERRY STONE UTILITY OBSERVER (WISE) JANA ROBINSON UTILITY OBSERVER (JACK) ii~~~ir~11fflm~~,~~~mr'e ~,~ta.~~~~Ya GARY PH ILLIPS MAINTENANCE SUPERVISOR ST ACY CLACK UTILITY OBSERVER ~~. · .. , .~ ... li1llitillti[flB!Jt"capt~'i5 ~~~ -~!.li .;e;;~W;M« . . . ~,..,...krah'f&!!i'.:""'~ RALPH GARZA MAINTENANCE SUPERVISOR JIMMY VAUGHAN UTILITY OBSERVER 111a11JrmR'r>lYJli,mir·"'"-ai!ii:mlF&'ftk~~ .~=i~J",Jj,~ .·~if~~. JAMES PARKER MAINTENANCE SUPERVISOR TONY MUNOZ UTILITY OBSERVER ~~lllflf'iili'&'il'l'ii'i~-~~ ~<•~s j·~·~!m.t'l.!alli!!dJI!~ ALAN DONALDSON MAINTENANCE SUPERVISOR WAYNE FRAIZER UTILITY OBSERVER (PARKER) BRYAN RIGGS UTILITY OBSERVER (PALO PINTO) 254-965-3511 254-965-3511 682-229-2800 682-229-2800 817-202-2900 817-202-2905 940-626-3400 940-626-3400 940-626-3400 940 -567-6611 817-283-2731 817-313-3873 817-235-3416 817-307-1617 254-897-2647 254-897 -264 7 682-229-2804 682-229-2806 940-325-2414 IN CASE OF EMERGENCIES, CONTACT J.D. GREENHILL AT 817-370-6588; LIGHTS AND TRAFFIC CONTROL DEVICES SHALL ALWAYS BE USED, AND WILL BE IN STRICT ACCORDANCE WITH THE GUIDELINES OF THE TMUTCD. TXDOT'S MISSION STATEMENT The mission of the Texas Department of Transportation is to provide safe , effective and efficient movement of people and goods. SAFETY Specifications for Urility l miht.Harious 4 Fort ,:v orth District Please refer to the Texas Manual on Uniform Traffic Control Devices for questions concerning traffic control. While working on TXDOT right of way hard hats and fluorescent safety vest are required at all times . PROTECTION OF HIGHWAY FACILITIES All construction operations relative to installation of the Utility shall be conducted in such manner as to protect highway facilities from damage at all times . In addition , all work must be done in strict accordance with all applicable regulations of the occupational Safety and Health Adm inistration (OSHA) of the US Department of Labor . USE OF EXPLOSIVES NQ explosives shall be used within limits of highway right-of-way without written permission. PROTECTION OF EXISTING UTILITIES Prior to beginning actual construction operations the Utility shall notify all other Utility Companies who may have facilities in the area so they can determine if the proposed construction will conflict with or otherwise damage their facilities . REMEMBER: 1-800-DIG-TESS DEVIATION FROM APPROVED PLANS No changes shall be made to the approved location of utilities without prior authorization of TxDOT . The Utility shall make necessary arrangements with other Utility Owners for moving facilities and/or supporting same during trenching operations . Any poles, anchors, etc. relocated to clear the proposed underground utility line shall be moved toward the highway right-of-way line and location shall be subject to TxDOT approval. All utility lines incorrectly installed shall be removed and laid in proper location at the entire expense of the Utility . STAKING OF UTILITY LINES IN ADVANCE OF CONSTRUCTION Utility lines shall be staked well in advance of construction so that TxDOT can inspect staking to verify that the alignment conforms to requirements set out herein and that there is no conflict with highway facilities . FULL TIME SUPERVISION AND INSPECTION The Utility shall provide competent full-time supervisors or inspectors for all utility installations . NOTIFICATION OF JOB START 48 Hour notification is required for utility installations. Please have the following information ready when you call : • APPROVED PERMIT NO . • STATE HIGHWAY NO. • UTILITY COMPANY • UTILITY SUPERVISOR OR INSPECTOR'S NAME and UTILITY MOBILE NO . • GENERAL CONTRACTOR'S NAME • NAME OF FOREMAN and MOBILE PHONE NO . • START DATE TXDOT LOCATES 48 Hour notification is required for TXDOT locates. BE AWARE!! TXDOT has a considerable investment in traffic signals, lighting, and traffic management system. These systems include underground electric and fiber optic lines. If any of the above facilities are within the limits of the utility project, the utility is required to call the phone numbers listed below: Specificatio ns for Ufil.it.y lnsta ll ar ions 5 Fort Worth District Signals and lighting: Phone# (817) 370-6671 Traffic Management: Phone# (817) 370-6745 AERIAL CROSSINGS 72 Hour (3 business days) notification is required for aerial crossings. Crossings on controlled access highways and/or high volume roadways can only be performed on Sunday, between the hours of 3 a.m . to 7 a .m . with police assistance and traffic control. Crossings on non-controlled access roadways and/or low volum~ roadways can be performed anytime during the week, Monday thru Friday , between the hours of 9 a .m. and 4 p.m . with proper traffic control. LANE CLOSURES 72 Hour (3 business days) notification is required for lane closures prior to the alteration of traffic flow. If a lane closure is required due to an unforeseen situation and after a utility permit has been approved . it will be necessary to call the TxDOT Utility Permit Office at 817/370-6588 . A traffic control plan must be submitted and approved by TxDOT prior to lane closures . Note : An Engineer's seal may be required for lane closures on controlled access highways and high volume roadways. STOCKPILES ON TXDOT ROW Stockpiling will be allowed with permission from TxDOT . Once , permission has been granted, stockpiling can start forty-eight hours prior to construction . The stockpile shall be placed on the right of way line or as close as possible without obstructing the curb , pavement, or line of site . All materials must be removed from TxDOT right of way completion of the utility project. COORDINATION OF WORK WITH HIGHWAY CONTRACTOR OR STATE FORCES All work related to the installation of utilities shall be conducted in such manner as not to interfere in any way with highway construction or TxDOT maintenance operations . WORK DAY RESTRICTIONS Except, in cases of emergency , no work will be allowed on Saturdays, Sundays, Federal or State Holidays or at night. EXCEPTIONS MAY BE GRANTED BY TXDOT IF the Utility shows that "off day" work is necessary to avoid service interruptions to the public and the Utility agrees to the following conditions : Obtain TxDOT approval at least 48 hours in advance . The Contractor is required to have sufficient personnel and equipment on the job to efficiently execute the work . The utility will have a supervisor or inspector present on the job at all times while the work is in progress . INCLEMENT WEATHER To ensure the safety of the traveling public, as well as the contractor and his crew and TxDOT agents, no work shall be allowed during inclement weather such as, but not limited to rain, fog, snow and sleet effects visibility and/or traction. PITS All pits shall be excavated and closed with in 48 hours . If the utility wishes to leave pits open overnight, reflective barricades must be employed . Spccificatiorn for Utility Jnshtll:i:ri.ons 6 Forr \\'ol.'th Oi.stricr BORE AND TUNNELING OPERATIONS GENERAL REQUIREMENTS Utilities crossing under surfaced roads within the limits of highway right-of-way shall be placed by auger bore or tunnel method , unless otherwise specifically authorized by TxDOT . Bores or tunnels shall be placed at depths below the roadway structure which are sufficient for superimposed live and dead loads and also prevent collapse of supporting soil between hole and roadway. Boring and tunneling operations shall extend outside of the front slope and clear zone of the highway . Bores Where material beneath pavement is sandy or unstable and will be subject to caving, the hole for the casing shall be bored and cased simultaneously and bored material removed through casing. Cutting face of auger or drill shall not project more than six (6) inches ahead of casing and no water shall be used in connection with drilling. Where material beneath pavement is stable and not subject to caving, and allowed by TxDOT, the hole for the casing may be bored first and casing inserted in the hole immediately after completion of boring . If allowed by TxDOT, water may be used in conjunction with boring . Bore Pit Location Pits excavated for boring or tunneling operations shall be located so that any possible sloughing of sides of pit will not endanger shoulders or pavements and so that barricades can be placed as specified in the TMUTCD. Bore pits should be located at least thirty feet from the edge of the nearest through traffic lane and not less than twenty feet from the edge of pavement on ramps. On low traffic roadways and frontage roads, bore pits should not be less than ten feet from the edge of pavement or five feet from face of curb. Tunneling While hole is being tunneled, casing shall normally be jacked into place as operations progress. Working face of excavation shall not precede advancing end of casing by more than two and one half (2 112 ) feet unless otherwise allowed by TxDOT . Grouting All voids around casing shall be pressure grouted. The grout shall consisting of Portland Cement and washed sand and containing not less than two (2) sacks or Portland Cement per cubic yard of grout. Additional cement shall be added if workability and/or stability cannot be obtained. An air-entraining agent may also be added to the grout mixture to facilitate flow if necessary. Grouting shall be done immediately after casing has been installed in hole in order to avoid any shearing of soil and settlement of over burden above casing . Means shall be provided for proving that voids are filled around 24" diameter and larger casings in the event there is some doubt by TxDOT . TxDOT may require the Utility to install removable plugs at intervals inside the casing. No holes shall be drilled in pavement or shoulders for grouting operations . MARKERS The Utility shall place a readily identifiable and suitable marker at each right-of-way line for highway crossings . Utilities that parallel the right of way shall place a marker every 1500 feet , at intersecting streets, and highway drainage culverts . ABOVE-GROUND APPURTENANCES Above-ground appurtenances , such as pedestals , fire hydrants , meters, etc ., shall be located at the right-of-way line. S p rcific:.a.tion.s fo 1· Utili ty Inst a ll a t ions 7 Forr Wor t h District BACKFILL OF UTILITY TRENCHES DESCRIPTION This specification shall govern backfill of trenches, which have been opened for the removal , adjustment , or installation of utility lines within the limits of highway right -of-way . Except when permission is granted, compacted backfill will be used for utility installations . Backfill shall consist of compacted material obtained from suitable soil excavated from the trench, or from sources outside the highway right-of-way . Material shall be free of rock, lumps , or clods that will not break down under compaction . Backfill material shall be placed in the trench in layers not to exceed 6" in depth and compacted . Water shall be added as required to faci li tate compaction. Compaction shall be done with rollers or mechanical tamps . Use of rollers will be allowed only when such use is not believed detrimental to any highway facility. The type of roller used must be acceptable to TxDOT. When rollers are used, mechanical tamps shall be used along the sides of trench to compact any backfill that cannot be reached with rollers . Compacting shall be continued until a backfill density is equal to that of the adjacent, undisturbed material. Where trenches lie within the limits of drainage ditches and channels , which are in solid rock, TxDOT may require 1' of concrete backfill, struck off flush with the top of rock . SITE CLEAN UP The Utility is responsible for site clean up at the end of each workday. Roadways adjacent to the utility construction site shall be kept free from debris , construction materials, and mud. At the end of each day, construction equipment and materials shall be moved as far from the roadway as feasible within the safety rules . If mudding of the roadway occurs at any time , the roadway shall be cleaned immediately. When the utility installation is complete, the right-of-way shall be reshaped to its original condition and the area reseeded or re-sodded to reduce erosion. Should settlement or erosion occur within one (1) year of the utility installation , TxDOT may specify prompt replacement at the utility 's expense for bringing the construction site to a satisfactory condition . TxDOT will restore sites that are left at an unsatisfactory condition after notification has been sent to the utility. These sites will be restored to original condition. The utility shall fully reimburse all costs incurred by TxDOT for all repairs made by TxDOT . These costs include, but are not limited to matters of traffic safety, right of way contour, restoration and repairs to all highway structures: including, but not limited to roads , driveways, terrain , landscaping, fences , etc . REPAIR AND REPLACEMENT OF RIPRAP AND EARTH SLOPES Any existing riprap cut by trenching operations shall be replaced and surface of new riprap finished to match that of existing riprap . Concrete riprap shall contain not less than three (3) sacks of cement per cubic yard of concrete . Reinforcing steel shall conform to that of existing riprap . SPECIAL PRECAUTIONS FOR EROSION CONTROL Special precautions should be taken during utility installations to avoid disturbing existing drainage courses . In addition, soil erosion should be held to a minimum and sediment from the construction site should be kept away from the roadway and drain inlets. During construction the roadbed and ditches shall be maintained in such condition to insure proper drainage at all times . Ditches and channels shall be maintained to avoid damage to the roadway . To avoid soil erosion, it is advised and encouraged that the Utility Contractor use all applicable means (i.e. silt fences , hay bails , rock filter dams , etc .) to detour soil from eroding into roadway , ditches , and adjacent property . SEEDING SPECIFICATIONS RURAL AREA WARM-SEASON SEEDING RATE S p t>ci fic ation.s for Uti.l it.y Jn st allarions 8 Forr Worth District AESTHETICS To preserve and protect trees , shrubbery, and other aesthetic features on the highway right-of-way, TxDOT may specify the extent and methods of tree removal , tree trimming, or their replacement. TxDOT may also s pecify the installation methods of the underground or overhead utility in order to protect and preserve trees and other aesthetic features . REQUIRED PRUNING PRACTICES PRIOR TO CUITING • Locate utility li nes with the least poss ible interference with trees . • Amount of clearance should be dete rmined by the rate of tree growth . • Remove minimum number of branches to prov ide adequate clearance . • Maintain adequate clearance for lines, NOT EXCESSIVE CLEARANCE . • ALL pruning shall co nform to recognized tree surgery practice . • Preserve natural character of tree . WHERETO CUT In removing a limb, the cut should be made at a fork where the remaining branch will be at least one third the d iameter of the one removed. LIMB REMOVAL 1. In removing branches the cut should be made at a fork with the rema ining branch at least one-third the diameter of the one removed . 2. Undercut 1/3 of the way through the limb, 8 to 12 inches from the ma in stem . 3 . Remove limb 4 to 6 inches out from the first cut. 4 . Remove stub with an even cut so that a trace (called a "collar") still protrudes (about Y:z inch). 5. All cuts two (2) inches or over shall be painted with an approved tree dressing or paint. * See pg 11 . DISPOSAL OF CUITINGS All pruned wood and brush must be removed from the right of way and disposed of in accordance with the laws and regulations of the commun ity, county, and state . Disease branches (especially those infected with oak wilt) must be properly disposed of to prevent the further spread of the disease. Specification.s for Urilit.y l nsh1 Barions 10 For t \Vorth Di.strict PRUNING SUGGESTIONS Sit pp lt ·"'et,t ro h rrn 1013 DESlflABLE TREE MODIFICATIONS PR E1>ERYING SYMMETRY. DE S I R AeLE DE S IRABLE: S pecifications fo r Urili t.y I nstall ations UNDESl RABLE TREE MODIFICATIONS Such trot-l ine relotlonships as il1"5 t rored perpetuo, .. hi gh molntenonce co~lt ond rtoht . of -way unslghtllntu. O.NDES.I RABLE DES I RABLE ma in ste·m. UN OE SIRABL ( PROPER LI MB Rf.MOVA.L 12.d io. o r mo,,) (*) 11 f'orr \Vo 1·t h District Notice of Propos~d Installation Utility Line On TxDOT Highway Right of Way Jnslallat ion Appli cation Online vers ion 4/2006 To the Texas Transportation Commission c/o District Engineer Texas Department of Transportation Fort Worth District, Texas Formal notice is hereby given that Date 6/19/2009 ----------App Ii cat ion No . __ F_T_W_2_0_09_0_6_1_9_1_3_3_8_19_ City of Fort Worth proposes to install a utility facility within the right-of-way of SS0303 in Tarrant County , Texas as follows : (details are shown on page 2) Project consists of the following 3 sites for installation of upgraded sanitary sewer for the City of Fort Worth: Sanitary Sewer Main 188 -installation of 184' of 10" SS Main by pipe enlargement. Installation will be along existing main alignment (within pavement limits) and cross East Rosedale Street approximately 250' west of Ransom Terrace. Sanitary Sewer Lateral 5133 -installation of 1622' of 10" SS Main by pipe enlargement. Installation will be along existing main alignment (outside of pavement limits) and parallel to the Southbound Loop 820 Frontage Road between Maceo Lane and Talle Road; Sanitary Sewer Lateral 2389 -installation of 1005' of 8" SS Main by open cut. Installation will be along existing main alignment (within pavement limits) and parallel to SH 303 (East Rosedale Street) between Lloyd Ave and Griggs Street. At Griggs Street, proposed main crosses SH 303; The line will be constructed and maintained on the highway right-of-way as shown on the attached drawing and in accordance with the rules, regulations and policies of the Texas Department of Transportation (TxDOT), and all govern ing Jaws, including but not limited to the "Federal Clean Water Act," the "National Endangered Species Act," and the "Federal Historic Preservation Act." Upon request by TxDOT, proof of compliance with all governing Jaws, rules and regulations will be subm itted to TxDOT before commencement of construction . Our firm will use Best Management Practices to minimize erosion and sed imentation resulting from the proposed installation, and we w ill revegetate the project area as indicated under "Revegetation Special Provis ions ." Our firm will ensure that traffic control measures complying with applicable portions of the Texas Manual of Un iform Traffic Control Devices will be installed and maintained for the duration of this installation . The location and description of the proposed installation and appurtenances is more fully shown by _1_ files conta ining drawings and other pertinent information uploaded to the website . Construction will begin on or after September 7, 2009 and end on or before February 3 , 2010 I certify that I am authorized to represent the Firm listed below, and that our Firm agrees to the conditions/provisions included in this notice . Utility Installation Owner ~C_ity"----'-o-=f ,.,.Fo"-rt~W.;..o°"'rt.;;;.h.;.._ _________ _ By Brian O'neill Title --,-~:--=,---,-----,,,----------- Address 1000 Throckmorton Street Fort Worth, TX 76102 Phone No. 817-783-8883 E-mail address brian .oneill@dannenbaum.com Application Details Application No. FTW20090619133819 Date 6/19/2009 Utility Installation Owner City of Fort Worth _........,. _______________ _ By Brian O'neill TxDOT District Fort Worth District County Tarrant Route SS0303 Control Section 220801 ------------------Project consists of the following 3 sites for installation of upgraded sanitary sewer for the City of Fort Worth : Sanitary Sewer Main 188 - installation of 184' of 10" SS Main by pipe enlargement. Installation will be along existing main alignment (within pavement limits) and cross East Rosedale Street approximately 250' west of Ransom Terrace . Sanitary Sewer Lateral 5133 -installation of 1622' of 10" SS Main by pipe Description enlargement. Installation will be along existing main alignment (outside of pavement limits) and parallel to the Southbound Loop 820 Frontage Road between Maceo Lane and Talle Road; Sanitary Sewer Lateral 2389 -installation of 1005' of 8" SS Main by open cut. Installation will be along existing main alignment (within pavement limits) and parallel to SH 303 (East Rosedale Street) between Lloyd Ave and Griggs Street. At Griggs Street, proposed main crosses SH 303; G 1210 3642-32 Dgn PLANS Part 4 M- Attachments 188 M-188pp01 .pdf -- -- Yes No N/A TxDOT -Fort Worth District CHECKLIST FOR REVIEW OF NOTICES OF PROPOSED INSTALLATION Online version 05/2009 181 D D Are other existing utility lines in the vicinity shown on the plans and have you included vertical elevations and horizontal alignments for these existing utilities based on the department's survey datum? 181 CJ D Are the right of way line and edge of highway pavement clearly shown on plans? CJ D i8J For lines to be installed parallel to the highway , have you included the design , proposed location , vertical elevations, and horizontal alignments of the utility facility based on the department's survey datum, the relationship to existing highway facilities . D [] 181 For installations parallel to the highway , does the installation alignment change? Alignment changes need to be justified and reasonable . D D ~ For gas crossings, are all encased gas lines showing vent pipes at right of way line and all gas pipes clearly marked with owners signs? D D ~ For aerial installations , do the plans clearly show and differentiate between existing poles and new poles? 181 D D For highway crossings , is the location of the crossing clearly shown on the plans? The crossing should be as close to 90 degrees as practical. ~ D Q The following statement is clearly stated on each page of the plans : CONTRACTORS : IT IS YOUR RESPONSIBILITY TO CALL THE TXDOT AREA INSPECTOR 48 HOURS PRIOR TO START OF CONSTRUCTION . (see specs for utility installations for contact numbers) 181 D D Are the utility plans legible, drawn to scale , and accurately dimensioned and when printed out are easily read? D D ~ It is understood it is the application owners' responsibility to file the 48 hours job start notice through the on line UIR Electronic program . In the comment box you shall enter the name of the contractor , on site supervisor name and cell number and the date the construction is going to start. D D l8J For lines crossing State highways or roads , crossing intersecting streets/county roads, or passing through the protected root area of desirable trees , is it clearly shown in description and on ALL plans that the line will be installed by conventional dry auger boring unless otherwise approved by a TxDOT engineer or Inspector? In addition , casing should be shown under highways and paved city street/county road intersections . ----\ 800 595 590 5B5 580 575 570 585 3+00 7+00 BENCHMARKS conr Ho, 1921 OH lM( N. W. COftM[JI OF t. ROSEDALC ST. TIOIN[T M). OH ni[ wtSl Cl C'f' notKE"I' RO, 24,$' n HOfl'lH or TH[ HOltlH C8 or t. 1105mAI..[ ST. 1H Tl,t( CO,TOI Of A 111' n ll[C($$lO IN\.£T I' n Of,T n+[ ,. ... a: Of lHC C8 A QTY .MOH. I lt2' $tl 1H ™[ TOP Dr THC INl..£t. £1..[VATION • 834.&0J corw No. '287 CH TM[ NOftTNIUT CC9'HU. Of ~ OR. o\HO lHC SOUTH 80UN0 5l'.Jt...a'. ltD. TO t-120 (CRA\IDIS IIIO.) OH M NOIITM OJ"9 UH[ or "11.0A. .xr 1«STor lME K STC8.UN[ or TWE 50.JTM I OUNO SOl'MX ltO. 1H 1WE ctNTtlll Of A 10' INLET 1.0 Ol'F' M FM:£ OF Wltl E\£\IATIOH • 101 .41 TOPOGRAPH IC LEGEND "" Olff.CUR8 1Nl£T ~ CJOST. ST'Ofl:N St'WEJlt ==== EXIST. $AH. st¥10 -1• S~ '11:!.D'HOHE \/AULT 1311 ABAHOOH So\H. SC'flOI .. e,• ~ PROP. SAH. :!('1'1£11 ........,_.. RD.JMED S,'J,1. 5C\IO __,.__ RIQiT OF WAT PO'tflOl:PQ.[ .. ;:1 ~llltlt:lt •O DIST. CAS UNI: -G- EXIST. WA'ID \/Al,'-( ----4P-- UCIST. WA.TOI UN[ -a• w- t:l(l5T. WATEJI Watll wQ OOST. Flitt H'f'DRAHT n1 0 OVIJIHtAO D.LC. UNDOIGROUtltl tut. UHO[MQtCIJHD 1n. Ttl.D'HOHE M#IHHOI..I: d) WY WIit[ E-- $1(;:t,IM,.BOX IIICtlROC) SAH. SE'l'IDI a..EAHOUT ~ $AH. ~ MNIHOU: e HOlE: TW£ COHTJIACTOR SHALL CONTACT TM[ rOJ..O"MNO AT \.V.!T 4a HOURS fllt!OII TO O(CAVATINC IN ™15 AM:A: rOIITWORlH WAltllDUAl'ITMCNT 811-392-6':M FOftT WORTH LICHT AND Sl<:HAI. 117-J92-1100 '1tlA$ [XCAVA.l\ON S,inTY SYS'l'OI 1-&00-3,44--1'3n AT .. T l -800-117fl -87U ,.TWOSOIOICT 8 17-ZlS-4.311 OfolCOII 117-715-UU naJ OlotCY 1-800-lll-213' S8C TUD'KCll'E 117-JJa-Uli otNlrtll COMWUNCA.TIONS 117-SOi-'272 o«. 8T DAl[ SIi.HAM!( DANNENBAUM (NCIN[[RINC CORPORATION REClS TIV, TION I J92 CITY OF FORT WORT H, TEXAS WATER DEPARTMENT ._.,l.LAGE CREEK OltAINAGE BASIN SANI TARY SE~ SYSTEM REH ASU..ITA'noN PAR T 4 SEWER PRO..CCT No. P2!1 4-70\139990100 0 .0 .E. PRO..CCT No. e2•1 CITY PRO.£CT No. 01054 X-21008 PLAN & PRO FILE SAN . SEW . MAI N 188 STA. 21'56.66 TO STA. 8+00 S.S MAP Nu. 2078-384 &. 207&-388 DANNENBAUM ENGINEERING CORPORATION DATt:11/14/0e OMWH Ill': COO Approva l Form Onlin e vers ion 11/2005 APPROVAL To Brian O'nei ll Date 6/22/2009 City of Fort Worth Application No. FTW20090619133819 1000 Throckmorton Street District App . No . _2_2_0-_S_S_-_14_9_-_0_9 _________ _ Fort Worth , TX 76102 Highway SS 0303 Control Section 220801 ----------------Maintenance Section South Tarrant ----------------County Tarrant TxDOT offers no objection to the location on the right-of-way of your proposed utility installation, as described by Notice of Proposed Utility Installation No . FTW20090619133819 (District Application No . 220 -SS-149-09) dated 6/22/2009 and accompanying documentation, except as noted below. YOU MUST contact the TxDOT inspector Jimmy Vaughan at 817 -307 -1617 forty-eight hours prior to construction. This permit is approved with the following stipulations: 1) All open cut and repair will be approved in writing by the Area Engineer prior to work (contact Ralph Garza, (817) 370-6903). 2) All open cut and repair will be done in accordance with TxDOT Standard Specifications For Construction and Maintenance of Highways, Streets and Bridges (Rev. June 1, 2004), Item 361 -Full Depth Repair of Concrete Pavement (page 432). ftp://ftp.dot.state.tx.us/pub/txdot-info/des/specs/specbook.pdf -Buzz When installing utility lines on controlled access highways, your attention is directed to governing laws, especially to Texas Transportation Code, Title 6 , Chapter 203, pertaining to Modernization of State Highways ; Controlled Access Highways . Access for serving this installation shall be limited to access via (a) frontage roads where provided , (b) nearby or adjacent public roads or streets. (c) trails along or near the highway right-of-way lines, connecting only to an intersecting roads ; from any one or all of which entry may be made to the outer portion of the highway right -of-way for normal service and maintenance operations . The Installation Owner's rights of access to the through-traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except, however, if an emergency situation occurs and usual means of access for normal service operations will not permit the immediate action required by the Utility Installation Owner in making emergency repairs as required for the safety and welfare of the public, the Utility Owners shall have a temporary right of access to and from the through-traffic roadways and ramps as necessary to accompl ish the required emergency repairs, provided TxDOT is immediately notified by the Utility Installation Owner when such repairs are initiated and adequate provision is made by the Utility Installation Owner for convenience and safety of highway traffic . The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners . In the event the Installation Owner fails to comply with any or all of the requirements as set forth herein , the State may take such action as it deems appropriate to compel compliance. It is expressly understood that the TxDOT does not purport, hereby, to grant any right , claim, title, or easement in or upon this highway; and it is further understood that the TxDOT may require the Installation Owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice . If construction has not started within six (6) months of the date of this approval, the approval will automatically expire and you will be required to submit a new application . You are also requested to notify this office prior to commencement of any routine or periodic maintenance which requires pruning of trees within the highway right-of- way, so that we may provide specifications for the extent and methods to govern in trimming, topping , tree balance , type of cuts , painting cuts and clean up . These specifications are intended to preserve our considerable investment in highway planting and beautification , by reducing damage due to trimming . Special Provisions: FTW_SpecialProvision_ 11 FTW_SpecialProvision_ 12 You are required to notify TxDOT 48 hours (2 business days) before you start construction to allow for proper inspection and coordination of work days and traffic control plans . Use the UIR website for the 48 -hour notification. DO NOT start construction unti l you have coordinated the construction start date and inspection with TxDOT . You are also required to keep a copy of this Approval . the Notice of Proposed Installation, and any approved amendments at the job site at all times . By Title Texas Department of Transportation Buzz Kyler Project Coordinator District Fort Worth P.lga.s.e ....... b.g ...... r..e.sR..o.ns.tb.lg and call your TXDOT Inspector 48 11ours prior to starting construction, and be prepared to provide the following info r mation. 1. Permit and Highway numbers 2.The name of the Utility Company,a contact person's name and phone number. 3. The name of the Construction Company , a contact person 's name and phone number. 4 . A start date 5. Date to be staked, if applicable. CONTRACTOR: .................................................... UPON COMPLETfON OF PROJECT YO U WILL NEED TO CALL THE PERSON THAT 15 O N THE PERMIT AND LET T HEM KNOW J O B 15 DONE. Note : A copy of the attached Approval ( including all attachments) shall be on the jot! site at all times. IF CONSTRUCTION IS FO U ND TO H AV E COMMENCED WITHOUT 48 HOURS CALL IN NOTICE, THE JOB SHALL BE SHUT DOWN UNTIL PROPER PROCEDURES ARE COMPLETED. Texas Department of Transportation Specifications for Utility Installations Fort Worth District (revised June 2009) Specifications for Utility Installations Fort Worth District TxDOT Directory For Utilities TxDOT's Mission Statement Safety Protection of Highway Facilities Use of Explosives Protection of Existing Facilities Deviation From Approved Plans Staking of Utility Lines in Advance of Construction Full-Time Supervision and Inspection Notification of Job Start TxDOT Locates Stockpiles on TxDOT ROW Coordination of Work With Highway Contractor or State Forces Work Day Restrictions Inclement Weather Pits Bore and Tunneling Operations Markers Above-Ground Appurtenances Back-Fill of Utility Trenches Site Clean-Up Repair and Replacement of Rip-Rap and Earth Slopes Special Precautions For Erosion Control Seeding Specifications Aesthetics Required Pruning Practices Pruning Suggestions Spccificatiun.s for Utility Jnstn ll:lfions 2 3,4 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 7 7 8 8 8 8 8 9 10 10 11 forr Worth Districr J. D. GREENHILL BUZZ KYLER PAUL FIERRO JOSEPH BENNETT JIMMY VAUGHAN STACY CLACK CLARA ELLIOTT BRENDA WATTS RONALD ROBINSON RANDY BOWERS JERRY STOUT BILL NELSON GREG CEDILLO VACANT RALPH BROWNE OSCAR CHAVEZ JIMMEY BODIFORD DAVID NEELEY S pecificatiou.s fo r Urilit~· lnsta ll .:n ions TXDOT DIRECTORY FOR UTILITIES UTILITY AGREEMENT/ PERMIT COORDINATOR UTILITY COORDINATOR UTILITY COORDINATOR UTILITY COORDINATOR UTILITY OBSERVER UTILITY OBSERVER .. , , '" forS. TARRANT JOHNSON, ERATH, HOOD & SOMERVELL, forN. TARRANT PARKER, PALO PINTO, JACK & WISE , AREA ENGINEER ASSISTANT AREA ENGINEER UTILITY COORDINATOR AREA ENGINEER ASSISTANT AREA ENGINEER UT ILITY COORDINATOR AREA ENGINEER ASST AREA ENGINEER ACTING AREA ENGINEER ACTING ASSISTANT AREA ENGINEER 3 817 -370-6588 817 -370-6827 817 -370-6865 817 -370-6883 817-307-1617 817 -313-3873 817 -370-6585 817 -370-6589 817-202-2900 817-202-2900 817 -202-2900 940 -626-3400 940-626-3400 940-626-3400 817 -399-4302 817 -399-4302 817 -370-6638 817-370-6638 Forr \~iorth District MARC Mc ENDREE DAVID BULLARD JOHN CORDARY VACANT RICKY TOMPKINS KEITH PROCHNOW GERRY STONE JANA ROBINSON RALPH GARZA JIMMY VAUGHAN JAMES PARKER TONY MUNOZ ALAN DONALDSON WAYNE FRAIZER BRYAN RIGGS AREA ENGINEER ASST AREA ENG. /UTILITY COORD . AREA ENGINEER ASST AREA ENG. /UTILITY COORD . MAINTENANCE SUPERVISOR UTILITY OBSERVER (WISE) UTILITY OBSERVER (WISE) UTILITY OBSERVER (JACK) C •' ''. •.C j' ~ " ,~, ~ur, MAINTENANCE SUPERVISOR UTILITY OBSERVER ! --~' MAINTENANCE SUPERVISOR UTILITY OBSERVER (PARKER) UTILITY OBSERVER (PALO PINTO) 254 -965-3511 254-965-3511 682-229-2800 682-229-2800 817-202-2900 817-202-2905 940-626-3400 940-626-3400 940-626-3400 940-567-6611 817 -283-2731 817-313-3873 817-235-3416 817-307-1617 254-897 -264 7 254-897 -2647 682-229-2804 682-229-2806 940-325-2414 IN CASE OF EMERGENCIES, CONTACT J .D. GREENHILL AT 817-370-6588; LIGHTS AND TRAFFIC CONTROL DEVICES SHALL ALWAYS BE USED, AND WILL BE IN STRICT ACCORDANCE WITH THE GUIDELINES OF THE TMUTCD . TXDOT'S MISSION STATEMENT The mis sion of the Texas Departme nt of Transportation is to prov ide safe , effe ctive a nd effi cient moveme nt of people and goods . SAFETY Spccification5 for Utility J11 sh1 1larions 4 Forr \Vorth Dis trict Please refer to the Texas Manual on Uniform Traffic Control Dev ices for questions concerning traffic control. While working on TXDOT right of way hard hats and fluorescent safety vest are required at all ti mes . PROTECTION OF HIGHWAY FACILITIES All construction operations relative to installation of the Utility shall be conducted in such manner as to protect highway facilities from damage at all times. In addition, all work must be done in strict accordance with all applicable regulations of the occupational Safety and Health Administration (OSHA) of the US Department of Labor . USE OF EXPLOSIVES t::l.Q explosives shall be used within limits of highway right-of-way without written permission. PROTECTION OF EXISTING UTILITIES Prior to beginning actual construction operations the Utility shall notify all other Utility Companies who may have facilities in the area so they can determine if the proposed construction will conflict with or otherwise damage their facilities . REMEMBER : 1-800-DIG-TESS DEVIATION FROM APPROVED PLANS No changes shall be made to the approved location of utilities without prior authorization of TxDOT. The Utility shall make necessary arrangements with other Utility Owners for moving facilities and/or supporting same during trenching operations . Any poles, anchors, etc . relocated to clear the proposed underground utility line shall be moved toward the highway right-of-way line and location shall be subject to TxDOT approval. All utility lines incorrectly installed shall be removed and laid in proper location at the entire expense of the Utility . STAKING OF UTILITY LINES IN ADVANCE OF CONSTRUCTION Utility lines shall be staked well in advance of construction so that TxDOT can inspect staking to verify that the alignment conforms to requirements set out herein and that there is no conflict w it h highway facilities . FULL TIME SUPERVISION AND INSPECTION The Utility shall provide competent full-time supervisors or inspectors for all utility installations . NOTIFICATION OF JOB START 48 Hour notification is required for utility installations. Please have the following information ready when you call : • APPROVED PERMIT NO . • STATE HIGHWAY NO . • UTILITY COMPANY • UTILITY SUPERVISOR OR INSPECTOR'S NAME and UTILITY MOBILE NO . • GENERAL CONTRACTOR'S NAME • NAME OF FOREMAN and MOBILE PHONE NO . • START DATE TXDOT LOCATES 48 Hour notification is required for TXDOT locates. BE AWARE!! TXDOT has a considerable investment in traffic signals, lighting, and traffic management system. These systems include underground electric and fiber optic lines. If any of the above facilities are within the limits of the utility project, the utility is required to call the phone numbers listed below: Spl":r.iticatio n.~ fo r U riiity lust,11l~ri ons 5 Forr Wo,·th Dis trict Signals and lighting : Phone # (817) 370-6671 T raffic Management: Phone# (817) 370-6745 AERIAL CROSSINGS 72 Hour (3 business days) notification is required for aerial crossings . Crossings on controlled access highways and/or high volume roadways can only be performed on Sunday , between the hours of 3 a.m. to 7 a .m. with police assistance and traffic control. Crossings on non-con trolled access roadways and/or low volume roadways can be performed anyt ime during the week , Monday thru Friday , between the hours of 9 a.m . and 4 p.m. with proper traffic control. LANE CLOSURES 72 Hour (3 business days) notification is required for lane closures prior to the alteration of traffic flow. If a lane closure is required due to an unforeseen situation and after a utility perm it has been approved , it will be necessary to call the TxDOT Utility Permit Office at 817/370-6588 . A traffic control plan must be submitted and approved by TxDOT prior to lane closures . Note : An Engineer's seal may be required for lane closures on controlled access highways and high volume roadways. STOCKPILES ON TXDOT ROW Stockpiling will be allowed with permiss ion from TxDOT . Once, permission has been granted , stockpiling can start forty-eight hours prior to construction . The stockpile shall be placed on the right of way line or as close as possible without obstructi ng the curb , pavement , or line of site . All materials must be removed from TxDOT right of way completion of the utility project. COORDINATION OF WORK WITH HIGHWAY CONTRACTOR OR STATE FORCES All work related to the installation of utilities shall be conducted in such manner as not to interfere in any way with highway construction or TxDOT maintenance operations . WORK DAY RESTRICTIONS Except , in cases of emergency , no work will be allowed on Saturdays , Sundays , Federal or State Holidays or at night. EXCEPTIONS MAY BE GRANTED BY TXDOT IF the Utility shows that "off day" work is necessary to avoid service interruptions to the publ ic and the Util ity agrees to the follow ing cond itions : Obtain TxDOT approval at least 48 hours in advance . The Contractor is requ i red to have sufficient personnel and equ ipment on the job to efficiently execute the work . The utility will have a supervisor o r inspector present on the job at all times while the work is in progress . INCLEMENT WEATHER To ensure the safety of the traveling public , as well as the contractor and his c rew and TxDOT agents , no work shall be allowed during inclement weather such as , but not limited to ra in, fog , snow and sleet effects vis ibility and/or traction . PITS All pits shall be excavated and closed with i n 48 hours . If the utility wishes to leave pits open overnight , reflective barricades must be employed . Specifi cati ons for Ut ility Ju s htll ati ons 6 Forr Worth Oi,tricr. BORE AND TUNNELING OPERATIONS GENERAL REQUIREMENTS Utilities crossing under surfaced roads with in the limits of highway ri ght-of-wa y shall be place d by auger bore or tunnel method, unless otherwise specifically authorized by TxDOT . Bores or tunnels shall be placed at depths below the roadway structure wh ich are sufficient for superimposed live and dead loads and also prevent collapse of supporting soil between hole and roadway . Boring and tunneling operations shall extend outs ide of the front slope and clear zone of the highway. Bores Where material beneath pavement is sandy or unstable and w ill be subject to caving , the hole for the casing shall be bored and cased simultaneously and bored material removed through cas ing . Cutting face of auger or drill shall not project more than six (6) inches ahead of casing and no water shall be used in connection with drilling. Where material beneath pavement is stable and not subject to caving , and allowed by TxDOT , the hole for the casing may be bored first and casing inserted in the hole immediately after completion of boring . If allowed by TxDOT, water may be used in conjunction with boring . Bore Pit Location Pits excavated for boring or tunneling operations shall be located so that any possible sloughing of s ides of pit will not endanger shoulders or pavements and so that barr icades can be placed as specified in the TMUTCD. Bore pits should be located at least thirty feet from the edge of the nearest through traffic lane and not less than twenty feet from the edge of pavement on ramps . On low traffic roadways and frontage roads , bore pits should not be less than ten feet from the edge of pavement or five feet from face of curb . Tunneling While hole is being tunneled, casing shall normally be jacked into place as operations progress . Working face of excavation shall not precede advancing end of casing by more than two and one half (i 12 ) feet unless otherwise allowed by TxDOT. Grouting All voids around casing shall be pressure grouted . The grout shall cons isting of Portland Cement and washed sand and containing not less than two (2) sacks or Portland Cement per cubic yard of grout. Additional cement shall be added if workability and/or stability cannot be obtained . An air-entraining agent may also be added to the grout mixture to facilitate flow if necessary. Grouting shall be done immed iately after casing has been installed in hole in order to avoid any shearing of soil and settlement of over burden above casing . Means shall be provided for proving that voids are filled around 24" diameter and larger casings in the event there is some doubt by TxDOT . TxDOT may require the Utility to install removable plugs at intervals inside the casing . No holes shall be drilled in pavement or shoulders for grouting operations . MARKERS The Utility shall place a readily identifiable and suitable marker at each right-of-way line for highway crossings . Utilities that parallel the right of way shall place a marker every 1500 feet , at intersecting streets , and highway drainage culverts. ABOVE-GROUND APPURTENANCES Above-ground appurtenances, such as pedestals , fire hydrants , meters, etc ., shall be located at the right-of-way line . Specifications for Urility Jn sra Ua rions 7 l'orr Worth Oislrict BACKFILL OF UTILITY TRENCHES DESCRIPTION This specification shall govern backfill of trenches , which have been opened for the removal , adjustment , or installation of utility lines within the limits of highway right-of-way . Except when permission is granted, compacted backfill will be used for utility installations . Backfill shall consist of compacted material obtained from suitable soil excavated from the trench , or from sources outside the highway right -of-way . Material shall be free of rock, lumps, or clods that will not break down under compaction . Backfill material shall be placed in the trench in layers not to exceed 6" in depth and compacted. Water shall be added as required to facilitate compaction. Compaction shall be done with rollers or mechanical tamps . Use of rollers will be allowed only when such use is not believed detrimental to any highway facility . The type of roller used must be acceptable to TxDOT . When rollers are used, mechanical tamps shall be used along the sides of trench to compact any backfill that cannot be reached with rollers . Compacting shall be continued until a backfill density is equal to that of the adjacent , undisturbed material. Where trenches lie within the limits of drainage ditches and channels, which are in solid rock, TxDOT may require 1' of concrete backfill, struck off flush with the top of rock . SITE CLEAN UP The Utility is responsible for site clean up at the end of each workday. Roadways adjacent to the utility construction site shall be kept free from debris , construction materials, and mud . At the end of each day, construction equipment and materials shall be moved as far from the roadway as feasible within the safety rules . If mudding of the roadway occurs at any time, the roadway shall be cleaned immediately. When the utility installation is complete, the right-of-way shall be reshaped to its original condition and the area reseeded or re-sodded to reduce erosion . Should settlement or erosion occur within one (1) year of the utility installation, TxDOT may specify prompt replacement at the utility's expense for bringing the construction site to a satisfactory condition . TxDOT will restore sites that are left at an unsatisfactory condition after notification has been sent to the utility. These sites will be restored to original condition. The utility shall fully reimburse all costs incurred by TxDOT for all repairs made by TxDOT . These costs include , but are not limited to matters of traffic safety, right of way contour, restoration and repairs to all highway structures: including, but not limited to roads, driveways, terrain, landscaping , fences, etc . REPAIR AND REPLACEMENT OF RIPRAP AND EARTH SLOPES Any existing riprap cut by trenching operations shall be replaced and surface of new riprap finished to match that of existing riprap . Concrete riprap shall contain not less than three (3) sacks of cement per cubic yard of concrete . Reinforcing steel shall conform to that of existing riprap . SPECIAL PRECAUTIONS FOR EROSION CONTROL Special precautions should be taken during utility installations to avoid disturbing existing drainage courses . In addition, soil erosion should be held to a minimum and sediment from the construction site should be kept away from the roadway and drain inlets. During construction the roadbed and ditches shall be maintained in such condition to insure proper drainage at all times . Ditches and channels shall be maintained to avoid damage to the roadway . To avoid soil erosion, it is advised and encouraged that the Utility Contractor use all applicable means (i.e . silt fences , hay bails, rock filter dams, etc .) to detour soil from eroding into roadway , ditches, and adjacent property . SEEDING SPECIFICATIONS RURAL AREA WARM-SEASON SEEDING RATE S p rcifi cations for Ut ility l nsh tll :J ti.ons 8 Fo rr Wo r th Dis trict Dates Feb 1 To May 1 Dates Feb 1 To May 1 Dates Feb 1 To May 1 Dates Aug 15 to Nov 30 Dates May 1 to Nov 30 In pounds, Pure Live Seed (PLS .) Mixture for Clay or Tight Soils Mixture for Sandy Soils Eastern Section Western Section All Sections Green Sprangletop 0 .6 Green Sprangletop 0.6 Green Sprangleton 0 .7 Sideoats Grama {E l Reno) 1.8 Sideoats Grama {Haskell or El Reno) 1.8 Sideoats Grama (Haskell) 2.2 Bermudag rass 0 .8 Little Blu es tem 1.1 Bermudagrass 0 .9 Little Blu estem 1.1 l ndiangrass {Lometa or Cheyenne) 1.5 Little Bluestem 1.4 K-R Bluestem 0.7 K-R Bluestem 0.7 Sand Dropseed 0 .2 Switch grass 1.2 Switchgrass {Alamo or Blackwell) 1.2 Total 6.2 To tal 6.9 Total 5.4 URBAN AREA WARM-SEASON SEEDING RATE In Pounds, Pure Live Seed (PLS) Mixture for Clay or Tight Soils Mixture for Sandy Soils Eastern Section Western Section All Sections Green Sp rangletop 0 .9 Green Sprangle top 1.1 Green Sprang le top Bermudagrass 1.2 K-R Bluestem 1.3 K-R Bluestem K-R Bluestem 1.0 Buffalograss 10.7 Buffalograss Buffa lograss 8 .0 Total 11 .1 Total 13 .1 TEMPORARY COOL-SEASON SEEDING RATE In pounds, Pure Live Seed (PLS) All Sections Tall Fescue Western Wheatgrass Whea t (Red , Winter) Tota l TEMPORARY COOL-SEASON LEGUME SEEDING RATE In pounds, Pure Live Seed (PLS) All Sections Crim so n Clover Total TEMPORARY WARM-SEASON SEEDING RATE In pounds, Pure Live Seed (PLS) All Sections Foxtail Millet Total 4 .0 5.0 30.0 39.0 7 .0 7 .0 30 .0 30 .0 1.1 1.3 1.5 Total 3.9 .. Note: Names in parenthes is {) represent improved vanet1es of the species shown . S peciticatiou.s fo r Lifi.lif.y lusta.llations 9 fort Worth Di,tricr AESTHETICS To preserve and protect trees , shrubbery , and other aesthetic features on the highway right-of-way , TxDOT may specify the extent and methods of tree removal, tree trimming , or the ir replacement. TxDOT may also specify th e installation methods of the underground or overhead utility in order to protect and preserve trees and othe r aesthetic features . REQUIRED PRUNING PRACTICES PRIOR TO CUTTING • Locate utility lines with the least possible interference with trees . • Amount of clearance should be determined by the rate of tree growth . • Remove minimum number of branches to provide adequate clearance . • Maintain adequate clearance for lines , NOT EXCESSIVE CLEARANCE. • ALL pruning shall conform to recognized tree surgery practice . • Preserve natural character of tree . WHERE TO CUT In removing a limb, the cut should be made at a fork where the remain ing branch will be at least one third the diameter of the one removed . LIMB REMOVAL 1. In removing branches the cut should be made at a fork with the remaining branch at least one-third the diameter of the one removed . 2. Undercut 1/3 of the way through the limb , 8 to 12 i nches from the main stem . 3 . Remove limb 4 to 6 inches out from the first cut. 4 . Remove stub with an even cut so that a trace (called a ·collar") still protrudes (about Y2 inch). 5. All cuts two (2) inches or over shall be painted with an approved tree dressing or paint. * See pg 11 . DISPOSAL OF CUTTINGS All pruned wood and brush must be removed from the right of way and disposed of in accordance with the laws and regulations of the community, county, and state . Disease branches (especially those infected with oak wilt) must be properly disposed of to prevent the further spread of the disease . S 1Jrcifications fo r Urilit.y lnst.illarions 10 Forr \-Vorth Dis trict PRUNING SUGGESTIONS $~~Plt""•llf IO f~rtn 101:3 D'ESIRABLE TllEE MODIFICATIOHS PRESERVING SYMMETRY. DE St RA !)LE DESHlABLE S tlccificatio ns for Utili ty Jus h1ll at i.011 s ,A .'4 UNDESIRABLE TREE MODIFICATIONS S..ch 1ret-line relotlonsh.l ps a• Hlo•troted perpetuotu Mgh motnlenonco cos It and rlg'ht. ol -.,oy unstohtllnus. UNO[ SIRABLE 11 ONOES.I RABLE DESlRABLE ~t~;:::o!lmbiigl:. (*} @ Rem••• otub ( ·with on 1vefl, ~IUJh Cul. ti ,,~· . ~ f'in••h•d cvt . "'ith no rrace l "'t of &t ub. / . PROPER LI MB REMOVAL (2" di o. or mo,e) Forr \V o rth Di!dr ict ~~X,.":iflnr "'°1u;•n$porfllfion Notice of Proposed Installation Utility Line On TxDOT Highway Right of Way Installation Application Online version 4/2006 To the Texas Transportation Commission c/o District Engineer Texas Department of Transportation Fort Worth District, Texas Formal notice is hereby given that Date 6/19/2009 ----------App Ii cation No. _ ___.;.F-'T-'-W"-'2=0_0_9_06_1_9_0_9_48_2_1 City of Fort Worth proposes to install a utility facility within the right-of-way of SS0303 in Tarrant County, Texas as follows : (details are shown on page 2) Project consists of the following 3 sites for installation of upgraded sanitary sewer for the City of Fort Worth: Sanitary Sewer Lateral 2389 -installation of 1005' of 8" 55 Main by open cut. Installation will be along existing main alignment (within pavement limits) and parallel to SH 303 (East Rosedale Street) between Lloyd Ave and Griggs Street. At Griggs Street, proposed main crosses SH 303; Sanitary Sewer Lateral 5133 -installation of 1622' of 10" SS Main by pipe enlargement. Installation will be along existing main alignment (outside of pavement limits) and parallel to the Southbound Loop 820 Frontage Road between Maceo Lane and Talle Road; Sanitary Sewer Main 188 -installation of 184' of 10" SS Main by pipe enlargement. Installation will be along existing main alignment (within pavement limits) and crosses SH 303 (East Rosedale Street) approximately 250' west of Ransom Terrace. The line will be constructed and maintained on the highway right-of-way as shown on the attached drawing and in accordance with the rules , regulations and policies of the Texas Department of Transportation (TxDOT), and all governing laws, including but not limited to the "Federal e1ean Water Act," the "National Endangered Species Act," and the "Federal Historic Preservation Act." Upon request by TxDOT, proof of compliance with all governing laws , rules and regulations will be submitted to TxDOT before commencement of construction . Our firm will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed installation , and we will revegetate the project area as indicated under "Revegetation Special Provisions." Our firm will ensure that traffic control measures complying with applicable portions of the Texas Manual of Uniform Traffic Control Devices will be installed and maintained for the duration of this installation . The location and description of the proposed installation and appurtenances is more fully shown by _3_ files containing drawings and other pertinent information uploaded to the website. Construction will begin on or after September 7. 2009 and end on or before February 3, 2010 I certify that I am authorized to represent the Firm listed below, and that our Firm agrees to the conditions/provisions included in this notice. Utility Installation Owner -=C_ity~o_f _F_ort_W_o_rt_h ___________ _ By Brian O"neill Title --,-,,..,,.-,:,-::c--,------,,----------- Address 1000 Throckmorton Street Fort Worth, TX 76102 Phone No . 817-783-8883 E-mail address brian .oneill@dannenbaum.com Application Details Application No . FTW20090619094821 Date 6/19/2009 Utility Installation Owner City of Fort Worth _.....:._ _______________ _ By Brian O'neill TxDOT District Fort Worth District County Tarrant Route SS0303 Control Section 220801 ------------------Project consists of the following 3 sites for installation of upgraded sanitary sewer for the City of Fort Worth: Sanitary Sewer Lateral 2389 - installation of 1005' of 8" SS Main by open cut. Installation will be along existing main alignment (within pavement limits) and parallel to SH 303 (East Rosedale Street) between Lloyd Ave and Griggs Street. Af Griggs Street, proposed main crosses SH 303; Sanitary Sewer Lateral 5133 - . . installation of 1622' of 1 O" SS Main by pipe Description enlargement. Installation will be along existing main alignment (outside of pavement limits) and parallel to the Southbound Loop 820 Frontage Road between Maceo Lane and Talle Road; Sanitary Sewer Main 188 -installation of 184' of 1 O" SS Main by pipe enlargement. Installation will be along existing main alignment (within pavement limits) and crosses SH 303 (East Rosedale Street) approximately 250' west of Ransom Terrace . G 1210 3642-32 Dgn PLANS Part 3 L- Attachments 2389 2484-L-2389pp01 .pdf -- G_ 1210_3642-32_Dgn_PLANS_Part 3_L- 2389 2484 L-2389pp02 .pdf G_ 1210_3642-32_Dgn_PLANS_Part 3_L- 2389 2484 L-2484pp01 .pdf TxDOT -Fort Worth District CHECKLIST FOR REVIEW OF NOTICES OF PROPOSED INSTALLATION Online version 05/2009 Yes No N/A ~ D D Are other existing utility lines in the vicinity shown on the plans and have you included vertical elevations and horizontal alignments for these existing utilities based on the department's survey datum? ~ D D Are the right of way line and edge of highway pavement clearly shown on plans? ~ D D For lines to be installed parallel to the highway, have you included the design, proposed location, vertical elevations, and horizontal alignments of the utility facility based on the department's survey datum, the relationship to existing highway facilities. ~ D D For installations parallel to the highway, does the installation alignment change? Alignment changes need to be justified and reasonable . Alignment changed vertically to extend reach of service area D D ~ For gas crossings, are all encased gas lines showing vent pipes at right of way line and all gas pipes clearly marked with owners signs? D D ~ For aerial installations, do the plans clearly show and differentiate between existing poles and new poles? ~ D D For highway crossings, is the location of the crossing clearly shown on the plans? The crossing should be as close to 90 degrees as practical. ~ D D The following statement is clearly stated on each page of the plans : CONTRACTORS: IT IS YOUR RESPONSIBILITY TO CALL THE TXDOT AREA INSPECTOR 48 HOURS PRIOR TO START OF CONSTRUCTION. (see specs for utility installations for contact numbers) ~ D D Are the utility plans legible, drawn to scale, and accurately dimensioned and when printed out are easily read? DD D It is understood it is the application owners' responsibility to file the 48 hours job start notice through the on line UIR Electronic program. In the comment box you shall enter the name of the contractor, on site supervisor name and cell number and the date the construction is going to start . To be determined upon award of contract ~ For lines crossing State highways or roads, crossing intersecting streets/county roads, or passing through the protected root area of desirable trees, is it clearly shown in description and on ALL plans that the line will be installed by conventional dry auger boring unless otherwise approved by a TxDOT engineer or Inspector? In addition, casing should be shown under highways and paved city streeUcounty road intersections. I ! ! 1 ! I ees i di i M~ 8&0 lir t t' k.111 6" sec iuTO"""\ _ ... ! 045 ~ I 040 eJS 530 1)+00 1+00 IOO U'. A!ll'MAI.T -EICSTINO ll(UC)AT __,,..,.,, ..... !"WOP • ..,, v . ar ~ "'" .w. CL-t.m • °''°" 2+00 3+00 #00 -... ft !IE'C.(l-2.W ~=&D ,....,... ____ ~ -Ii; -::-.:.::. ~~'! '-'· "' r JI!' ~ i~i"--o.AT ... ,h le '' 5+00 : I 5+00 t --· ,. """' ees eeo BENPiMABKS TOPOGRAPHIC L.£CENP --........... DIST,CUMM.£T ~ om. STOMil 9PDI: ---- DIST. SNl rflD _. ..... AINl)ON SNL l[IO: "«' ~ "9IOP. SM. st,IQ .......,_ IIQJrC SAM. 3llO: --- MJ,ff C,-W.'r -- l'V'll[lt NU: "'f:1 Oo\S!Cfflll •O CICIST. OA.S UNC ---+-- DIST, WATP VAL'wl: ___._ DIST, WATDt LM. -r' W- OST, WAD W'IDt a11 0 DOST, Fw:H'ltllU.NT ~ ¢- ~n..cc. -•- GUT- """"" -.......... ....... -,._ ,,,,_,, tNC. 9EWEllt MAHHOI.£ H/VOOHff!Q. IDI <-- 4 ,o . ~ • .6. l*DDICIIIQ.NlQ.[C, -1.C- UNDOICltOLN)TD.. -----~ -Q ltO'Tt: 1K CQfflWffl:111 9W.L COtnAt'T H FW..OIIIMO AT l.&AST ... MCUtS ....,,. TO CCCA'iAlltO It 1MS NfE.A:. IIE"l,NO. DAHNDfflAUW ENGINEERING C'OkPOftA TION R!QSTRATIOH I ~92 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT \1\..1.ACE CREEJC DRAJNACE BASIN SAHITAJll:Y 5[W[ft SYS1EM MHAIIUTAllart PAltT 4 SEWER ~CT No. P2S4-701t3ffl0100 D.O.E. PM)..[CT No, 8241 CfTY P1'0.CCT Ho. 010$4 X-21008 PLAN & PROFILE SAN . SEW . LATERAL 2389 STA. o+oo ro STA. a+oo S.S MAP No. 2072-394 • 2072-3&9 DANNENBAUM ENGINEERING CORPORATION ---•W.flll•,r.~,X'lltMlt\11~ f H, 870 H i i U: HS JiU .\ ftHd eeo mm :,-;;,;;>;>;>:> 855 ........ .... ! "° ~ ! 0~ < ll ~ ,J 040 = 6+00 7+00 6+00 6+00 Qf :: "_i~ST.r'IM 11 aw, (L-2* II II ::$--=- 1o+oo t .. 070 000 BENCHMARKS TCfOCRAPHIC L!GENO ..... --............ l!ll Dn'T, a.1111 IHl.l:T .c:::i. OAS VAL'i'f: w• om. sn::wi. Kml ---- DIST.~ tao ........ ttlDMCN: VAULT om AINC)ON 1M ... WI!' ..... ';' !"MP.SAN.9t'G -._ .............. --..... -CUT-E- ltlGfT 0, WAY -- """'""' .. p -. ... ~ •o -£ o,n. W.SUNI: -_.._.., .. DCISf, WATIJII VM.W: -'""'°° . Din, WATIJll lM -r-w- IDCST, WA'TP llll[mt •CJ ----':l' can.re~ ~ <> MH. 5E'a IIINM:lt.[ • CMJKADIUC. -•-H/Y """"'°'-I!> -= _ .. _ Q -111. _..,_ TIU ,,,,_..,.... ~ NOlfJ TH[~ IMAIJ. CONTACT M ~ AT \.&AST 41 HOt."5"'"°" TOIEXCAVATMC:IM MS AIC.k OANHENBAUM ENOINEI:RING COAPORAllOff REOIS'TltA llOH f .392 CITY OF F ORT WORTH. TEXAS WATER DEPARTMENT ~LI.ACE atm DMJNACE BASIN SAMTARY SOIDt SYSTEM RDtAB!LJTAllON PART 4 SElll'.R PRo.ECT No . P254-701139990100 D.O.t. Pf'Or.ECT No. 11141 CITY PRO.ECT No. 010$4 X-21008 PLAN & PROFILE SAN. SEW . LATERAL 236 9 STA.. fl+OO TO STA. t+44.S5 S.S MAP No. 2072-3&4 &: 2072-388 DANNENBAUM ENO INEERINO CORPORATIO N Ml~MMia .. ...,_ffl_ '1.~lal'IIWl(l,n,._ DDICNII ft IV j O,Ut: 11/14/0t L Hr a~ p ,! * M: 670 tiJit lffl~ &OS ~:~~~~ aeo ... ! fi 11M • l ! "° - 640 i "~ n is : _11 Cl.AYD~ I\ , l-;;;;:;:Z ..... rn. 1n .a51 . om'. i-,t ~;i : iii~ ~ CEMENT ST IUZED BACKF'IU. ()+00 1+00 1~~:.1 2+00 3+00 4+00 5+00 a+oo 7+00 ..... --............ ([II DtS'T,QNfllL£r ..c:::J. CAS VAt.'tt ... Dm', ITONf IDOi ---- Din. INrl IEIIQ -#'e+ fflDtlONt VAULT CII MANDClf INL tnP WC' ~ 'i' ~-INl !IAot -STOll!W OftNN IIIAHH<U ,.,..,, .... ,._ -OVUllt f- fllCHT OT WAY -- """",cu ~/$ """"' .......... •O ... . O:BT. OM UN[ -......... .. DIIT, WA'IDt V.-.i..'tt -"'°'"' . DIST, WA11RLM -···--DCl!IT. WAlDI IIC10t we ........... ..,,...,, . DOST. nlll: tn1llViHT o,<) INl S[1IJt IIIAHHCU • -= -•-M/1/ CONTIIOL Ii> l.NIUl':IIOlMDll.[C. -.. -Q -"'----,,.. ...,.,_......., (l) HO'ltl lHE CON'TIU,CTCJI 91AU. CONTACT M rou..o'IIIINC AT WST 41 HCMIS ~ TO DeAVA.TIMO IN 'MS /IMk f""1' WOlffll WA10t OIJ'Nm«MT 11?-ll1-ln8 l'afT WCllll1H UGHT NfO sgjAt. 1'17-.Jn-8100 TIXAS DCAVATION WTIY ~ ,-IOC)o.J.M-1377 AT * T 1-~S7&-S711 1'17-215--4:168 1'17-2'1H2'1 4 1-,CO..U,...2133 aNl llf7-.sa-N11 COllfVltCAllONS 117-5CJ0..4272 PLAN & PROFD..E SAN. SEW. LATERAL 2464 STA. o+OO TO STA. IS-+02.H S.S MAP No. 2072-3&4 at 2072-3&8 DANNENBAUM ENGINEERING CORPORATION MNOlll> .... a.W.l'Tl•PT.~Tll'IMl llHJ'I- - Approval Form Online version 11/2005 APPROVAL To Brian O'neill Date 6/22/2009 City of Fort Worth Appl ication No . FTW20090619094821 1000 Throckmorton Street District App . No ._2_2_0-_S_S_-1_4_7_-0_9 ________ _ Fort Worth , TX 76102 Highway SS 0303 Control Section 220801 ---------------Maintenance Section South Tarrant ---------------County Tarrant TxDOT offers no objection to the location on the right-of-way of your proposed utility installation , as described by Notice of Proposed Utility Installation No. FTW20090619094821 (District Application No. 220-SS-147-09) dated 6/22/2009 and accompanying documentation , except as noted below. YOU MUST contact the TxDOT inspector Jimmy Vaughan at 817-307-1617 forty-eight hours prior to construction. This permit is approved with the following stipulations: 1) All open cut and repair will be approved in writing by the Area Engineer prior to work (contact Ralph Garza, (817) 370-6903). 2) All open cut and repair will be done in accordance with TxDOT Standard Specifications For Construction and Maintenance of Highways, Streets and Bridges (Rev. June 1, 2004), Item 361 -Full Depth Repair of Concrete Pavement (page 432). ftp://ftp.dot.state.tx.us/pub/txdot-info/des/specs/specbook.pdf -Buzz When installing ~tility lines on controlled access highways, your attention is directed to governing laws, especially to Texas Transportation Code, Title 6, Chapter 203 , pertaining to Modernization of State Highways ; Controlled Access Highways . Access for serving this installation shall be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads or streets , (c) trails along or near the highway right-of-way lines , connecting only to an intersecting roads ; from any one or all of which entry may be made to the outer portion of the highway right-of-way for normal service and maintenance operations . The Installation Owner's rights of access to the through-traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except, however, if an emergency situation occurs and usual means of access for normal service operations will not permit the immediate action required by the Utility Installation Owner in making emergency repairs as required for the safety and welfare of the public, the Utility Owners shall have a temporary right of access to and from the throug_h-traffic roadways and ramps as necessary to accomplish the required emergency repairs, provided TxDOT is immediately notified by the Utility Installation Owner when such repairs are initiated and adequate provision is made by the Utility Installation Owner for convenience and safety of highway traffic. The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners . In the event the Installation Owner fails to comply with any or all of the requirements as set forth herein , the State may take such action as it deems appropriate to compel compliance. It is expressly understood that the TxDOT does not purport , hereby , to grant any right , claim , title , or easement in or upon this highway; and it is further understood that the TxDOT may require the Installation Owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. If construction has not started within six (6) months of the date of this approval, the approval will automatically expire and you will be required to submit a new application. You are also requested to notify this office prior to commencement of any routine or periodic maintenance which requires pruning of trees within the highway right-of- way, so that we may provide specifications for the extent and methods to govern in trimming, topping, tree balance, type of cuts, painting cuts and clean up . These specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming . Special Provisions: FTW _ SpecialProvision_ 11 FTW_SpecialProvision_ 12 You are required to notify TxDOT 48 hours (2 business days) before you start construction to allow for proper inspection and coordination of work days and traffic control plans . Use the UIR website for the 48 -hour notification. DO NOT start construction until you have coordinated the construction start date and inspection with TxDOT. You are also required to keep a copy of this Approval, the Notice of Proposed Installation, and any approved amendments at the job site at all times . By Title Texas Department of Transportation Buzz Kyler Project Coordinator District Fort Worth - . . NOTICE PLEASE READ P.J~it;iit .... .b.~ ...... r.es.P..o.ns.i.b.l~ and call your TXDOT Inspector 48 hours prior to starting construction, and be prepared to provide the following information. 1. Permit and Highway numbers 2.The name of the Utility Company ,a contact person's name and phone number. 3. The name of the Construction Company, a contact person's name and phone number. · 4. A start date 5. Date to be staked, if applicable . . C..Q.~.IRAC.IQ.R;. UPON COMPLETION OF PROJECT YOU WILL NEED TO CALL THE PERSON THAT IS ON THE PERMIT AND LET THEM KNOW JOB IS DONE. Note: A copy of the attached Approval (including all attachments) shall be on the job site at all times . IF CONSTRUCTION IS FOUND TO HAVE COMMENCED WITHOUT 48 HOURS CALL IN NOTICE, THE JOB SHALL BE SHUT DOWN UNTIL PROPER PROCEDURES ARE COMPLETED. Texas Department of Transportation Specifications for Utility Installations Fort Worth District (revised June 2009) Specifications for Utility Installations Fort Worth District TxDOT Directory For Utilities TxDOT's Mission Statement Safety Protection of Highway Facilities Use of Explosives Protection of Existing Facilities Deviation From Approved Plans Staking of Utility Lines in Advance of Construction Full-Time Supervision and Inspection Notification of Job Start TxDOT Locates Stockpiles on TxDOT ROW Coordination of Work With Highway Contractor or State Forces Work Day Restrictions Inclement Weather Pits Bore and--Tunnelinq Operations Markers Above-Ground Appurtenances Back-Fill of Utility Trenches Site Clean-Up Repair and Replacement of Rip-Rap and Earth Slopes Special Precautions For Erosion Control Seeding Specifications Aesthetics Required Prun ing Practices Pruning Suaaestions Specificati ons fo r Utility Insta ll atio ns 2 3 ,4 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 7 7 8 8 8 8 8 9 10 10 11 Fort Wor t h District Signals and lighting : Phone# (817) 370-6671 Traffic Management: Phone# (817) 370-6745 AERIAL CROSSINGS 72 Hour (3 business days) notification is required for aerial crossings. Crossings on controlled access highways and/or high volume roadways can only be performed on Sunday, between the hours of 3 a.m. to 7 a.m. with police assistance and traffic control. Crossings on non-controlled access roadways and/or low volume roadways can be performed anytime during the week, Monday thru Friday, between the hours of 9 a.m. and 4 p.m . with proper traffic control. LANE CLOSURES 72 Hour (3 business days) notification is required for lane closures prior to the alteration of traffic flow. If a lane closure is requ ired due to an unforeseen situation and after a utility permit has been approved , it will be necessary to call the TxDOT Utility Permit Office at 817/370-6588. A traffic control plan must be submitted anc;! approved by TxDOT prior to lane closures. Note : An Engineer's seal may be required for lane closures on controlled access highways and high volume roadways . STOCKPILES ON TXDOT ROW Stockpiling will be allowed with permission from TxDOT . Once , permission has been granted , stockpiling can start forty-eight hours prior to construction. The stockpile shall be placed on the right of way line or as close as possible without obstructing the curb, pavement, or line of site. All materials must be removed from TxDOT right of way completion of the utility project. COORDINATION OF WORK WITH HIGHWAY CONTRACTOR OR STATE FORCES All work related to the installation of utilities shall be conducted in such manner as not to interfere in any way with highway construction or TxDOT maintenance operations. WORK DAY RESTRICTIONS Except, in cases of emergency , no work will be allowed on Saturdays, Sundays, Federal or State Holidays or at night. EXCEPTIONS MAY BE GRANTED BY TXDOT IF the Utility shows that "off day" work is necessary to avoid service interruptions to the public and the Utility agrees to the following conditions: Obtain TxDOT approval at least 48 hours in advance . The Contractor is required to have sufficient personnel and equipment on the job to efficiently execute the work. The utility will have a supervisor or inspector present on the job at all times while the work is in progress. INCLEMENT WEATHER To ensure the safety of the traveling public, as well as the contractor and his crew and TxDOT agents, no work shall be allowed during inclement weather such as, but not limited to rain, fog , snow and sleet effects visibility and/or traction . PITS All pits shall be excavated and closed within 48 hours. If the utility wishes to leave pits open overnight, reflective barricades must be employed . Sp ecifica tions for Utility Installations 6 Fort Worth District BORE AND TUNNELING OPERATIONS GENERAL REQUIREMENTS Utilities crossing under surfaced roads within the limits of highway right-of-way shall be placed by auger bore or tunnel method, unless otherwise specifically authorized by TxDOT. Bores or tunnels shall be placed at depths below the roadway structure which are sufficient for superimposed live and dead loads and also prevent collapse of supporting soil between hole and roadway. Boring and tunneling operations shall extend outside of the front slope and clear zone of the highway. Bores Where material beneath pavement is sandy or unstable and will be subject to caving, the hole for the casing shall be bored and cased simultaneously and bored material removed through casing . Cutting face of auger or drill shall not project more than six (6) inches ahead of casing and no water shall be used in connection with drilling. Where material beneath pavement is stable and not subject to caving, and allowed by TxDOT, the hole for the casing may be bored first and casing inserted in the hole immediately after completion of boring. If allowed by TxDOT, water may be used in conjunction with boring. Bore Pit Location Pits excavated for boring or tunneling operations shall be located so that any possible sloughing of sides of pit will not endanger shoulders or pavements and so that barricades can be placed as specified in the TMUTCD. Bore pits should be located at least thirty feet from the edge of the nearest through traffic lane and not less than twenty feet from the edge of pavement on ramps. On low traffic roadways and frontage roads, bore pits should not be less than ten feet from the edge of pavement or five feet from face of curb. Tunneling While hole is being tunneled, casing shall normally be jacked into place as operations progress. Working face of excavation shall not precede advancing end of casing by more than two and one half (2 112 ) feet unless otherwise allowed by TxDOT. Grouting All voids around casing shall be pressure grouted. The grout shall consisting of Portland Cement and washed sand and containing not less than two (2) sacks or Portland Cement per cubic yard of grout. Additional cement shall be added if workability and/or stability cannot be obtained. An air-entraining agent may also be added to the grout mixture to facilitate flow if necessary. Grouting shall be done immediately after casing has been installed in hole in order to avoid any shearing of soil and settlement of over burden above casing. Means shall be provided for proving that voids are filled around 24" diameter and larger casings in the event there is some doubt by TxDOT. TxDOT may require the Utility to install removable plugs at intervals inside the casing. No holes shall be drilled in pavement or shoulders for grouting operations. MARKERS The Utility shall place a readily identifiable and suitable marker at each right-of-way line for highway crossings. Utilities that parallel the right of way shall place a marker every 1500 feet, at intersecting streets, and highway drainage culverts. ABOVE-GROUND APPURTENANCES Above-ground appurtenances, such as pedestals, fire hydrants , meters, etc., shall be located at the right-of-way line. Specifications for Utility Installations 7 Fort Worth Di strict BACKFILL OF UTILITY TRENCHES DESCRIPTION This specification shall govern backfill of trenches, which have been opened for the removal, adjustment, or installation of utility lines within the limits of highway right-of-way. Except when permission is granted, compacted backfill will be used for utility installations . Backfill shall consist of compacted material obtained from suitable soil excavated from the trench, or from sources outside the highway right-of-way. Material shall be free of rock, lumps , or clods that will not break down under compaction . Backfill material shall be placed in the trench in layers not to exceed 6" in depth and compacted . Water shall be added as required to facilitate compaction. Compaction shall be done with rollers or mechanical tamps . Use of rollers will be allowed only when such use is not be li eved detrimental to any highway facility . The type of roller used must be acceptable to TxDOT. When rollers are used, mechanical tamps shall be used along the sides of trench to compact any backfill that cannot be reached with rollers. Compacting shall be continued until a backfill density is equal to that of the adjacent , undisturbed material. Where trenches lie within the limits of drainage ditches and channels , which are in solid rock , TxDOT may require 1' of concrete backfill, struck off flush with the top of rock . SITE CLEAN UP The Utility is responsible for site clean up at the end of each workday. Roadways adjacent to the utility construction site shall be kept free from debris, construction materials , and mud. At the end of each day, construction equipment and materials shall be moved as far from the roadway as feasible within the safety rules . If mudding of the roadway occurs at any time, the roadway shall be cleaned immediately. When the utility installation is complete, the right-of-way shall be reshaped to its original condition and the area reseeded or re-sodded to reduce erosion . Should settlement or erosion occur within one (1) year of the utility installation, TxDOT may specify prompt replacement at the utility's expense for bringing the construction site to a satisfactory condition. TxDOT will restore sites that are left at an unsatisfactory condition after notification has been sent to the utility. These sites will be restored to original condition. The utility shall fully reimburse all costs incurred by TxDOT for all repairs made by TxDOT. These costs include, but are not limited to matters of traffic safety, right of way contour, restoration and repairs to all highway structures: including, but not limited to roads , driveways, terrain, landscaping, fences, etc. REPAIR AND REPLACEMENT OF RIPRAP AND EARTH SLOPES Any existing riprap cut by trenching operations shall be replaced and surface of new riprap finished to match that of existing riprap. Concrete riprap shall contain not less than three (3) sacks of cement per cubic yard of concrete . Reinforcing steel shall conform to that of existing riprap. SPECIAL PRECAUTIONS FOR EROSION CONTROL Special precautions should be taken during utility installations to avoid disturbing existing drainage courses . In addition, soil erosion should be held to a minimum and sediment from the construction site should be kept away from the roadway and dra in inlets. During construction the roadbed and ditches shall be maintained in such condition to insure proper drainage at all times . Ditches and channels shall be maintained to avoid damage to the roadway. To avoid soil erosion, it is advised and encouraged that the Utility Contractor use all applicable means (i.e. silt fences , hay bails , rock filter dams, etc.) to detour soil from eroding into roadway, ditches , and adjacent property. SEEDING SPECIFICATIONS RURAL AREA WARM-SEASON SEEDING RA TE S pecifications for Utility Installations 8 Fort Worth Di strict In pounds, Pure Live Seed (PLS.) Mixture for Clay or Tight Soils Mixture for Sandy Soils Dates Eastern Section Western Section All Sections Feb 1 Green Sprangletop 0.6 Green Sprangletop 0.6 Green Sprangleton 0 .7 To Sideoats Grama (El Reno) 1.8 Sideoats Grama (Haskell or El Reno) 1.8 Sideoats Grama (Haskell) 2 .2 May 1 Bermudagrass 0.8 Little Bluestem 1.1 Bermudagrass 0 .9 Little Bluestem 1.1 lndiangrass (Lometa or Cheyenne) 1.5 Little Bluestem 1.4 K-R Bluestem 0.7 K-R Bluestem 0.7 Sand Dropseed 0 .2 Switch grass 1.2 Switchgrass (Alamo or Blackwell) 1.2 Total 6.2 Total 6.9 Total 5.4 URBAN AREA WARM-SEASON SEEDING RATE In Pounds, Pure Live Seed (PLS} Mixture for Clay or Tight Soils Mixture for Sandy Soils Dates Eastern Section Western Section All Sections --.. Feb 1 Green Sprangletop 0.9 Green Sprangletop 1.1 Green Sprangletop 1.1 To Bermudagrass 1.2 K-R Bluestem 1.3 K-R Bluestem 1.3 May 1 K-R Bluestem 1.0 Buffalograss 10 .7 Buffalograss 1.5 Buffalograss 8.0 Total 11.1 Total 13.1 Total 3.9 TEMPORARY COOL-SEASON SEEDING RA TE In pounds, Pure Live Seed (PLS) Dates All Sections Feb 1 Tall Fescue 4.0 To Western Wheatgrass 5.0 May 1 Wheat (Red, Winter) 30 .0 Total -39 .0 TEMPORARY COOL-SEASON LEGUME SEEDING RA TE In pounds, Pure Live Seed (PLS} Dates All Sections Aug 15 Crimson Clover 7 .0 to Nov 30 Total 7 .0 TEMPORARY WARM-SEASON SEEDING RA TE In pounds, Pure Live Seed (PLS) Dates All Sections May 1 Foxtail Millet 30 .0 to Nov 30 Total 30 .0 . . Note: Names in pare nthesis () represent ·,mproved" varieties of the species shown . Specifications for Utility In stall ations 9 Fort Worth District ./ AESTHETICS To preserve and protect trees, shrubbery, and other aesthetic features on the highway right-of-way, TxDOT may specify the extent and methods of tree removal, tree trimming, or their replacement. TxDOT may also specify the installation methods of the underground or overhead utility in order to protect and preserve trees and other aesthetic features. REQUIRED PRUNING PRACTICES PRIOR TO CUTTING • Locate utility lines with the least possible interference with trees . • Amount of clearance should be determined by the rate of tree growth . • Remove minimum number of branches to provide adequate clearance . • Maintain adequate clearance for lines, NOT EXCESSIVE CLEARANCE. • ALL pruning shall conform to recognized tree surgery practice. • Preserve natural character of tree. WHERETO CUT In removing a limb , the cut should be made at a fork where the remaining branch will be at least one third the diameter of the one removed. LIMB REMOVAL 1. In removing branches the cut should be made at a fork with the remaining branch at least one-third the diameter of the one removed . 2. Undercut 1/3 of the way through the limb , 8 to 12 inches from the main stem . 3. Remove limb 4 to 6 inches out from the first cut. 4 . Remove stub with an even cut so that a trace (called a "collar") still protrudes (about Y, inch). 5. All cuts two (2) inches or over shall be painted with an approved tree dressing or paint. * See pg 11. DISPOSAL OF CUTTINGS All pruned wood and brush must be removed from the right of way and disposed of in accordance with the laws_ and regulations of the community, county, and state. Disease branches (especially those infected with oak wilt) must be properly disposed of to prevent the further spread of the disease. Sp ec ifications for Utility In sta ll ations 10 Fort Worth District PRUNING SUGGESTIONS s ... ,.., •• ..,.,.. to f"ar,a ,ors DESIRABLE TREE MODIFICATIONS PRESERIIING SYMMETRY. OE SIR ABLE DESIRABLE Specifications for Utility Installations UNDESIRABLE TREE MODIFICATIONS Such 1,ee-llne rtlollonthips 01 illu11roled ptrpetuotos hi9h moanlenonce co1t1 ond rlghl-of-•oy uulghlllness . UNOES.IRABLE DESIRABLE ~Remou llmb ~4'-6' from .) (*) '" '..;\::::~ limb 8 ·I~ ,,:~ If moin $fem. "3l Remove stub (!) Fin,shl4 cul with on even. \ with no troce llu1h cul. 1··11 ') of Slab. ' . : UNO£ SIRABLE PROPER LIMB REMOVAL (2' dio. or mo•e) 11 Fort Worth District I• DANNENBAUM CITY C)F FORT WORTH · VILLAGE CREEK DRAINAGE BASIN SANITARY SEWER REHABILITATION BID TABULATION ENGINEERING CORPORATION .. T .8 .P .E . FIRM REGISTRATION #392 6'l21 CAMP BOWIE SLV O. ST£ 400 FT. WORTH, TX i611C 1817) 763-888~' -~ .. ~ ............. ' . , . ~ -.... , .. > •• ,-:-·. :! _.. ·~ . ' 7, (~ .,.... • Sign~ ·; ITEM DESCRIPTION PLAN UNtf QUANTITY UNIT I· (SRF FUNOEO) 1 Pipe-Sewer-8 lnch-SDR35 (All Depths) -Install 2 . Pipe-Sewer-8 Inch-Other Than Open Cut (All Depths) • Install 3 . Pipe -10" HOPE San Sewer Pipe By Enlargement Techniques-Install 4 . Pipe-Sewer-10 lnch-SDR35 (All Depths) -Install 5 . Pipe-Sewer-8 lnch-SDR26 (All Depths) 6 . Manhole-Std 4 Ft Diam-(to 6 Fl Depth) -Ins tall 7 · Manhole-Std 4 Fl Diam-Added Depth (over 6 Ft Depth)-lnstall 8 . Manhole-Drop-Std 4 Ft Diam-(lo 6 Ft depth) -Install 9 · Manhole-Drop-Sid 4 Ft Diam-Added Depth (over 6 Ft Depth)-lnstall 10 . Collar-Manhole-32 Inch-Frame & Cover-Install 11 Manhole -Remove 12 . Manhole-Vacuum Test . Services 13 . Sewer Service-4 Inch Tap lo HOPE by Pipe Enlargement -Install 14 . Sewer Service-4 Inch Service Tap . Install 15 . Sewer Service -4 Inch • Install 16 . Sewer-Service-6 Inch Service Tap -Install 17 . Sewer-Service-6 lnch-SDR26 -Install 18 . Sewer Service-4 lnch-2 Way Clean Out -Install 19 . Sewer-Service-6 lnch-2 Way Clean Out . In stall 20 . Trench Safety System 5 Foot Depth. Install 21 . Pipe -Abandon (Grout with flowable fdl) 22 . Grass-Sod • Install 23 . Topso il 24 . Inspection-Po st Construction Cleaning & TV -Study 25 . lnspection-Preconstructio n Cleaning & TV -Study 26 . Sign-Barricades & Traffic Routing -Install 27 . Dehole-0 lo 5 Ft Depth • Study 28 . Curb & Gutter -Install LF LF LF LF LF EA VF EA VF EA EA EA EA EA LF EA LF EA EA LF LF SY CY LF LF LS EA LF 29 . Walk -Install SF 30 . Concrete-Type E -Install CY 31 Pavement-2 In ch Min HMAC on 2127 Co ncrete Base (STR-028)-lnstall LF 32 . Pavement-Concrete on 2127 Concrete Base (STR-031) LF 33 . Class ·c· Reinforced Concrete Columns & Pier Caps, Complete in Place CY 34 . 24-lnch Drilled Shaft Piers (Class ·c· Concrete), Complete in Place VF 35 . Rip Rap-6 Inch -Install CY 36 . Pipe -Sag Adjustment for Pipe -Rehab LF 37 . Manhole-Watertight Insert-Locking Stainle ss Steel -Install EA 38 . Pipe-Sewer-10 Inch in Casing Pipe Other Than Open Cut -Install LF 39 . Pipe-Sewer-8 Inch in Cashing Pipe-Other Than Open Cut -Install LF 40 . Pipe-Sewer-a Inch-DIP w/Protecto 401 Li ning (All Depths) • Install LF 41 Remove & Repla ce Reinforced Concrete Flume SF TOTAL UNIT I. (SRF FUNDED) BID: G·\1210\3642 -32\PROJECi\Sidd ing 2009-07\B id Tabulation 2009-07 -23 .xls 2,067 99 2,153 158 95 23 93 4 23 28 21 28 10 38 1,600 5 350 48 5 2,481 450 200 30 5,277 2.400 1 1 85 27 5 2,900 750 18 78 75 200 28 335 175 154 650 DEC Job No.: 3642-32 Advertisement Dates : . Bid Dale: Thursday, July 23 2009 at 2:00PM Bid Date: Thursday, July 23 2009 at 2:00PM CONATSER CONSTRUCTION TX , LP PO Box 15«8 Fort Worth, Texas 76119 Phone 817-534-1743 Fax 817-534-4556 ,, · ... ,,.. ..,, . ·' :(. UNIT PRICE o/: , COST , , CIRCLE C CONSTRUCTION JACKSON CONSTRUCTION , AUi CONTRACTORS, INC LTD 500 W. Trammell Fort Worth . Texas 76140 Phone 817-293-1863 Fax 817-293-1957 5112 Sun Valley Drive Fort Worth, Texas 76119 Phone 817-572-3303 Fax 817-478-0443 4775 North Freeway Fort Worth, Texas 76106 Phone 817-926-4377 Fax 817-926-4387 36.00 S 74.41 2.00 S 36.00 S 74.412 .00 S 34 ,650.00 86 ,120.00 45 .00 S 135.00 54 .00 58 .00 47 .00 93,015 .00 13 ,365.00 116,262.00 9 ,164.00 4,465.00 85,100.00 34 .00 $ 70,278.00 90.00 8,910.00 52 .00 42.00 38.00 3,850.00 160.00 4,200.00 200.00 350.00 200.00 100.00 850.00 300.00 35.00 310.00 36.00 150.00 200.00 2.00 8.00 8.00 16 .50 1.50 2.00 6,000 .00 500.00 20.00 6.00 10,00 38.00 42 .00 600.00 100.00 150.00 60.00 300.00 180.00 125 .00 60.00 6 .00 111.956.00 6.636.00 3,610.00 88,550 .00 14.880.00 16,800.00 4,600.00 9,800.00 4,200 .00 2,800.00 8.500.00 11 ,400 .00 58 ,000.00 1.550 .00 12,600.00 7,200 .00 1,000.00 4.962 .00 3,600.00 1,600.00 495.00 7,915.50 4,800.00 6.000.00 500 .00 1,700.00 162 .00 SO.DO 110,200.00 31,500 .00 10,800.00 7,800 .00 11 .250.00 12,000.00 8.400 .00 60,300.00 21 ,875.00 9,240.00 3,900.00 764,453.50 350.00 40.00 40.00 40.00 2,800 .00 90.00 3.200.00 125.00 300.00 600.00 150.00 400 .00 300.00 40.00 350.00 42.00 200 .00 300.00 1.00 12 .00 7.00 16.50 2.00 4.00 25 .000 .00 1.000.00 25 .00 7.50 1.00 28 .00 52 .50 450 .00 250 .00 7.50 45 .00 150.00 350.00 350 .00 75 .00 7 .00 6,320.00 3,800.00 64 ,400.00 8,370.00 12,800.00 2,875.00 8,400.00 12 .600 ,00 ,.200.00 4,000.00 11,400.00 64 ,000.00 1,750.00 g_100.oo 9,600.00 1,500.00 2,481 .00 5,400.00 1,400.00 495.00 10,554.00 9,600.00 25 .000.00 1.000.00 2,125.00 202 .50 5.00 81,200.00 39,375.00 8,100.00 19,500.00 562.50 8,000.00 4,2 00.00 117,250.00 61,2 50.00 11 ,550.00 4.550.00 ~0,69J.Q.O 3,700.00 230.00 5,600 .00 230 .00 200 .00 500.00 100.00 850.00 145.00 32 .00 150.00 52.00 170.00 495.00 1.00 9.00 5.00 16 .50 1.50 3.00 10.000.00 2.000 .00 25 .00 6 .00 10.00 33.00 43.00 1,500 .00 270.00 268.00 67.00 360.00 247.00 199.00 84.00 9.00 21 ,390.00 22 ,400.00 5,290 .00 5,600.00 10,500.00 2,800 .00 8,500 .00 5,510 .00 51 .200.00 750.00 18.200.00 8,160.00 2,475.00 2.481.00 4.050.00 1,000.00 495.00 7,915.50 7,200 .00 10,000.00 2.000 .00 2,125.00 162.00 50.00 95,700 .00 32 ,250.00 27,000.00 21,060.00 20 ,100.00 13.400.00 10,080.00 82,745.00 34 ,825.00 12 ,936.00 5,850.00 877,570.50 107.00 53.00 54 .00 44 .00 3,800.00 260.00 5.000.00 280.00 430.00 1.300.00 90 .00 1,000.00 300 .00 24 .00 300.00 27.00 300.00 400.00 2.00 6.00 4 .00 16.50 0 .50 1.70 11,000.00 700.00 55.00 18.00 70.00 38.00 75.00 550.00 300.00 200.00 55 .00 230.00 210.00 174.00 150.00 19.00 10,593.00 114,109.00 8,532 .00 4.180.00 87,400 .00 24,180.00 20 ,000.00 6,440 .00 12,040.00 27,300.00 2,520.00 10,000.00 11.400.00 38,400.00 1,500.00 9.450.00 14,400.00 2,000.00 4,962.00 2.700.00 800.00 495.00 2.638.50 4.0 80.00 11 ,000.00 700.00 4 ,675.00 486.00 350 .00 110,200 .00 56,250.00 9,900.00 23.400.00 15,000.00 11 ,000.00 6.440.00 70,350.00 30,450.00 23 ,1 00 .00 12.350.00 876,048.50 ! ROGERS CONSTRUCTION CO 1254 Rendon Road Burteson , Texas 76028 Phone 817-561-6052 Fax 817-561-6089 34 .22 $ 70,732 .7 4 150.75 S 14 ,924 .25 64 .24 $ 138 .308 . 72 31.21 $ 4,93 1.18 41 .46 S 3,938 .70 4.620 .31 S 106 ,267.13 258 .04 ·r . 23,997 .72 6,8 19.16 S 27,276.64 274 .21 $ 6.306.83 329 .88 $ 9,236.64 441.78 S 9,277 .38 1 1 s.22 • s i~ ;?G}"2s/s 880.00 $ 8,800.00 267.96 $ 10,182.48 29 .97 $ 47 ,952 .00 277.67 $ 1,388.35 27.03 S 9.460.50 302.20 S 14 .505.60 417.83 $ 2,089.15 5.54 $ 13.744.74 11 .89 S 5,350.50 22 .29 S 4.458.00 16.50 S 495.00 1.50 S 7 .915 .50 2.96 S 7.104 .00 15.539.31 S 15 ,539 .31 1.546.51 S 1.546.51 58 .71 S 4,990 .35 60.23 S 1,626.21 92.00 $ 460.00 44.88 S 130,152.00 81.41 S 61 ,057.50 3,532.77 S 63 ,589 .86 555 .73 S 43 ,346.94 270.49 S 20 .2 86 .7 5 66.00 S 13.200.00 332.95 $ 9.322 .60 242.49 S 81 .234 . 15 206.7 1 S 36,174·.25 64.47 S 9,928 .38 9.20 S 5.980.00 ----- $ 1,050,304.('2 ,. DANNENBAUM ENGINEERING CORPORATION T.8.P.E. FIRM REGISTRATION #392 ~11 CAMP BOWIE BLVO. STE 400 FT. WORTH, TX 76116 (811) 7(;3•8883 1 Pipe-Sewer-8 lnch-SDR35 (All Depths) -Install 2 . Pipe-Sewe r-10 lnct..SDR35 (All Depths). Install 3 . Pipe-Sewer-8 lnch-SDR26 (All Depths) • Install 4 . Manhole-Std 4 Ft Diam-(to 6 Ft Depth) • Install 5 . Manhole-Std 4 Ft Diam-Added Depth (over 6 Ft Depth)-Install 6 . Collar-Manhole-32 Inch-Frame & Cover -Install 7 . Ma nhole -Remove 8 -Manhole-Vacuum Test· Services 9 . Sewer Service-4 Inch Service Tap-Install 10 . Sewer Service-4 Inch-In stall 11 Sewer-Service-6 Inch Service Tap. Install 12 . Sewer-Service-6 lnch -SDR26 -lnstaTI 13 . Sewer Service-4 ln ch-2 Way Clean Out -lnstaU 14 . Sewer-Service-6 lnch-2 Way Clean Out -Install 15 -Trench Safety System 5 Foot Depth-Install 16 -Pipe -Abandon (Grout with flowable fill) 17 . Grass-Sod-Install 18 . Topso~-lnstafi 19 -Inspection-Post Construction Cleaning & TV. Study 20 . lnspection-Preconstruction Cleaning & TV -Study 21 Driveway -Install 22 . Curt:> & Gutter -Install 23 . Concrete-Type E -Install 24 . Pavement-2 Inch Min HMAC on 2/27 Concrete Base (STR-028) 25 . Pavement-Concrete on 2/27 Concrete Base (STR-031) 26 . Manhole-Watertight-Insert-Locking Stainless Steel. Install 27 . Pipe-Sewer-10 Inch -Other Than Open Cut (All Depths) -lnslall TOTAL UNIT 11 • (NON.SRF FUNDED) BID: Unit I (SRF Funded) Bid: Unit II (Non.SRF Funded) Bid Total Amount Bid (Units I+ Unit II) TOTAL CONTRACT TIME (CALENDAR DAYS) G:\1210\3642-32\PROJECnBidding 2009-07\!lid Tabulation 2009-07-23.xls CITY OF FORT WORTH· VILLAGE CREEK DRAINAGE BASIN SANITARY SEWER REHABILITATION BID TABULATION LF LF LF EA VF EA EA EA EA LF EA LF EA EA LF LF SY CY LF LF SF LF CY LF LF EA LF 790 71 20 6 11 6 2 6 5 660 1 165 10 2 881 700 250 25 1.031 850 350 25 5 130 775 6 150 Bid Date: Thursday, July 23 2009 at 2 :00PM 38.00 42.00 38.00 3,850.00 160.00 350.00 200.00 100.00 300.00 35.00 310.00 36.00 150.00 200.00 2.00 6.00 6.00 16.50 1.50 2.00 5.00 20.00 10.00 36.00 42.00 300.00 100.00 30,020.00 2,982.00 760.00 23,100.00 1,760.00 2,100.00 400.00 600.00 1,500.00 23,100.00 310.00 5,940.00 1,500.00 400.00 1,762.00 5,600.00 2.000.00 412.50 1,546.50 1 ,700.00 1,750.00 500.00 50.00 4,940.00 32,550.00 1,800.00 15.000.00 164,083.00 764,453.50 164,083.00 928,536.50 150 36.00 40.00 40.00 2.800.00 90.00 300.00 600.00 150.00 300.00 40.00 400.00 40.00 250.00 300.00 1.00 12.00 7.00 16.50 2.00 4.00 7.50 25.00 1.00 28.00 52.50 150.00 350.00 28,440.00 2.840.00 800.00 16,800.00 990.00 1,800.00 1,200.00 900.00 1,500.00 26,400.00 400.00 6,600.00 2,500.00 600.00 881.00 8,400.00 1,750.00 412.50 2,062.00 3.400.00 2.625.00 6 25.00 5.00 3,640.00 40,687.50 900.00 52,500.00 209,658.00 209,658.00 150 DEC Job No.: 3642-32 Advertisement Dates: Bid Date: Thur.;day, July 23 2009 at 2:00PM 45.00 58.00 47.00 1.800.00 230.00 200.00 500.00 100.00 90.00 32.00 95.00 52.00 170.00 492.00 1.00 9.00 5 .00 16.50 1.50 3.00 6.00 25.00 10.00 33.00 43.00 360.00 247.00 35,550.00 4,118.00 940.00 10,800.00 2,530.00 1,200.00 1,000.00 600.00 450.00 21,120.00 95.00 8.560.00 1,700.00 984.00 881.00 6.300.00 1,250.00 412.50 1,546.50 2,550.00 2,100.00 625.00 50.00 4,290.00 33,325.00 2,160.00 37,050.00 182,207.00 877,570.50 182,207.00 1,059,777.50 150 31.00 70.00 49 .00 3.400.00 220.00 430 .00 1.300.00 90.00 300.00 27 .00 300.00 30.00 350.00 500.00 2.00 6.00 4 .00 16.50 0.50 1.70 12.00 60.00 70.00 38.00 75.00 230.00 136.00 24,490.00 4,970.00 980.00 20.400.00 2.420.00 2 .580.00 2,600.00 540.00 1.500.00 17,820.00 300.00 4 .950.00 3.500.00 1,000.00 1,762.00 4 ,200.00 1,000.00 412.50 515.50 1,445.00 4,200.00 1,500.00 350.00 4,940.00 58,125.00 1,380.00 20,700.00 188,580.00 876,043.50 188,580.00 1,064,628.50 150 -- 30.00 $ 23.700.00 53.03 S 3,765.13 35.33 $ 706.60 3,343.61 S 20,061.66 488.55 $ 5.374 .05 408 .93 $ 2 .453.56 655.60 S 1.311 .20 119.08 S 714.48 291.10 S 1,455.50 27.92 S 18,427 .20 277 .67 S 277 .67 35.12 S 5,794.80 188.25 S 1,882.50 288.11 $ 576.22 6.36 S 5,603.1 6 17.33 S 12,131 .00 18.82 $ 4,705.00 16.50 S 412.50 1.50 $ 1,546.50 1.73 S 1.470.50 4 .59 S 1 .606.50 69.86 $ 1,746.50 92.00 S 460.00 81.92 $ 10,649.60 72.61 S 56,272.75 306.99 S 1.841 .94 231 .10 ""s __ ..:.3..:.5."'6"'55"' . ..:.oo=- s 220,601 .54 220 ,601 .54 150