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Contract 40281
CITY SECRETARY gn CONTRACT No .;;J..P I .. FORT CITY SECRETARY o.o.E. FtLE coNTRACiOR'S BONDING co. CONff,ti uCTIO ~cATIONS AND CONTRACT DOCUMENTS CL\Er,n DEPARTMENT . WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE PROJECT NUMBERS: W ATER-P253-541200-602170137583 MIKE MONCRIEF MAYOR CITY PROJECT NO. 01375 T/PW D.O.E. NO. 6259 FEBRUARY 2010 S. FRANK CRUMB, P.E. -DIRECTOR WATER DEPARTMENT OFFICIAL RECORD CITY SECRETARY T.W RTH TX I I I / I ' PREPARED BY: WATER DEPARTMENT DALE A. FISSELER, P.E. CITY MANAGER M&CReview Page 1 of 2 , Official 5'\te of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH ~ COUNCIL ACTION: Approved on 5/18/2010 -Ord. No. 19154-05-2010 DATE: 5/18/2010 REFERENCE NO.: **C-24233 CODE: C TYPE: CONSENT LOG NAME: PUBLIC HEARING: 60SUNTIM- CONATSER NO SUBJECT: Authorize a Contract in the Amount of $287,225.00 with Conatser Construction TX , LP , for Water Main Replacement on Sunset Circle and Timberland Boulevard and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council : 1. Authorize the transfer of $319,225 .00 from the Water and Sewer Operating Fund to the Water Capital Project Fund; 2 . Adopt the attached appropriation ordinance increas ing est imated receipts and appropriations in the Water Capital Project Fund in the amount of $319,225 .00 from available funds ; and 3 . Authorize the City Manager to execute a contract in the amount of $287 ,225.00 with Conatser Construction TX, LP , for Water Main Replacement on Sunset Circle and Timberland Boulevard . DISCUSSION: On December 16, 2008 , (M&C PZ-2806) the City Council instituted and adopted an ordinance (Ordinance No.18414-12-2008) annexing 534.4 acres of land in Tarrant County, Texas , located west of US Highway 377 and south of Westport Parkway (Ax-05-023 , Sunset Circle/Oak Haven Drive enclave). This contract provides for upgrading the existing undersized water mains located on the following streets, within the annexed area : Sunset Circle South (Caylor Road North to Sunset Circle North), Sunset Circle North (Sunset Circle So uth to Caylor Road North) and Timberland Boulevard (Caylor Road North to Excelsior Lane). The project was advertised for bid on February 18 and 25, 2010, in the Fort Worth Star-Telegram . On March 18 , 2010, the following bids were received : Bidder Conatser Construction TX, LP Meztec Contractors , Inc. R.K.M. Utility Service William J . Schultz , Inc., d/b/a Circle "C " Construction Company M. E. Burns Construction, Inc. Gra-Tex Utilities, Inc. Burnsco Construction , Inc. Jackson Construction , Ltd. Tri-Tech Construction, Inc. Cleburne Utility Construction Company, Inc. Amount $287,225.00 $287 ,820 .00 $294,472.50 $296 ,744 .00 $300 ,930.25 $311,850.00 $3 14 ,614.00 $335 , 176.00 $343 ,009 .50 $355,901 .00 Time of Completion 100 Calendar Days http ://apps .cfwnet.org/cou ncil_p acket/mc_review.a sp?ID=l3404&councildate=5 /18/2010 5/26/2010 M&CReview S.H.U .C ., Inc. R.S.D . Construction , Inc. M-Co Construction , Inc. Atkins Brothers Equipment Company, Inc. Rodgers Construction Company $367,268 .10 $380,585.35 $398 ,996 .00 $491,035 .00 $565,662 .32 M/WBE -Conatser Construction TX , LP , is in compliance with the City's M/WBE Ordinance by committing to 13 percent M/WBE participation. The City's goal on this project is 12 percent. Page 2 of 2 In addition to the contract amount, $17 ,000.00 is required for construction survey, project management, material testing , inspection and $15,000 .00 is provided for change order contingencies . This project is located in COUNCIL DISTRICT 2, Mapsco 22C . 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 capita l budget, as appropriated , of the Water Capital Project Fund . TO Fund/Account/Centers 1&2) P253 476045 602170137522 2)P253 531350 602170137552 2)P253 511010 602170137580 $319 ,225.00 $3 .000 .00 $3 ,000 .00 2) P253 541200 602170137583 $302 ,225 .00 2)P253 531350 602170137584 2)P253 531200 602170137584 2)P253 531350 602170137585 $2 ,000.00 $3 ,000 .00 $6,000.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 60SUNTIM-CONATSER AO.doc 60SU NTIM-CONATSER MAP . pdf FROM Fund/Account/Centers 1) PE45 538040 0609020 $319 .225 .00 3) P253 541200 602170137583 $287 .225 .00 Fernando Costa (6122) S . Frank Crumb (8246) J . Chris Underwood (2629) http ://apps .cfwnet.org/council_packet/mc_revi ew .asp?ID=l3404&councildate=5/18/2010 5/2 6/2010 MAR-12-2010 FRI 03:22 PM CFW DOE DESIGN SERVICES FAX NO. 8173922527 CITY OF FORT WORTH WATER DEPARTMENT ENGINEERING SERVICES DMSION ADDENDUM NO. 1 WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE TPW / DOE NO. 6259 CITY PROJECT NO. 01375 RELEASE DATE: March 12, 2010 INFORMATION TO BIDDERS : The Specifications and Contract Documents for the above mentioned project are revised Md amended as follows : 2. 1. In the Proposal WATER REPLACEMENT, revise Pay Item No. 2 to read: BID- 00617 81 LF . Pipe -Pressure-8 inch Ductile Iron -Install by Bore & Jack; Per Linear Foot: P. 02/02 -=-N..:-,...c.j ]'J_e..-_i:..,_:::!.....__ ___ Dollars $ °l D. 00 $ 1. J--cw. 0 0 and NO Cents THIS PAY ITEM QUANTITY HAS BEEN INCREASED TO INCLUDE AN ADDITIONAL 50 LF. OF BORE & JACK UNDER THE LARGE BUSHES/ TREES THAT ARE IN THE PROPOSED WATER ALIGNMENT AT 12737 TIMBERLAND DRIVE. Please acknowledge receipt of the Addendum iu the bid propo sal and on the outside oftbe sealed envelope. S. FRANK CRUMB, P.E. :~~ Deeter, P.E . Water Department . Engineering Services KELLER-HICKS RO KfU.ER-HICKS RD GOLDEN TRIANCLf BLVD SUNSET CIRCLE SOUTH (CAYLOR RD. N. TO SUNSET CIR. N.) SUNSET CIRCLE NORTH (SUNSET CIR. S. TO CAYLOR RD. N.} & TIMBERLAND DRIVE {CAYLOR RD. N. TO EXCELSIOR LN.) MAPSCO: 22-C COUNCIL DISTRICT: 2 CITY OF FORT WORTH WATER DEPARTMENT LOCATION MAP WATER REPLACEMENT IN SUNSET CIRCLE & TIMBERLAND DRIVE N. T.S. PRIMARY COUNCIL DISTRICT : 2 MAPSCO PAGES : 22 WATER PROJECT NO.: P25.3-541200-6021701.3758.3 SUN SET CIRCLE SOUTH (C AYLOR RD . N. TO SUN SET CIR. N.) SUN SET CIRCLE NORTH (S UN SET C IR. S. TO CAYLOR RD . N.) TIMB ERLA ND DRIV E (CAYL OR RD. N. TO EXCELS IOR LN.) WATER DEPARTMENT ENGINEERING AND FISCAL SERVICES DIVISION CITY PROJECT NO: DOE NO: 01375 6259 DATE : FEBRUARY, 2010 EXHIBIT 1.2 TABLE OF CONTENTS 1. FRONT END DOCUMENTS 1.1 SHORT FORM NOTICE TO BIDDERS 1.2 COMPREHENSIVE NOTICE TO BIDDERS 1.3 SPECIAL INSTRUCTIONS TO BIDDERS -(Water-Sewer 9-10-04) 2. MWBE DOCUMENTATION 2.1 MWBE SPECIAL INSTRUCTIONS 2.2 MWBE SUBCONTRACTORS/SUPPLIERS UTILIZATION FORM 2.3 MWBE GOOD FAITH EFFORT 2.4 MWBE PRIME CONTRACTOR W AIYER 2.5 MWBE JOINT VENTURE 3 . BID PACKAGE 3 .1 COVER, BID PROPOSAL & SIGNATURE SHEETS 3 .2 VENDOR COMPLIANCE TO STATE LAW 4. GENERAL AND SPECIAL CONDITIONS 4.1 PART C-GENERAL CONDITIONS (WATER-SEWER) 4.2 SUPPLEMENTARY CONDITIONS TO PART C (WATER-SEWER) 4.3 PART D-SPECIAL CONDITIONS (WATER-SEWER) 4.4 PART DA-ADDITIONAL SPECIAL CONDITIONS (WATER-SEWER) 4.5 WAGE RATES 4.6 COMPLIANCE WITH AND ENFORCEMENT OF PREY AILING WAGE LAWS 4.7 STANDARD DETAILS (WATER-SEWER) 5 . CONTRACTS, BONDS, AND INSURANCE 5 .1 CERTIFICATE OF INSURANCE 5.2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 5.3 CONFLICT OF INTEREST QUESTIONNAIRE 5 .4 PERFORMANCE BOND 5.5 PAYMENT BOND 5.6 MAINTENANCE BOND 5 .7 CITY OF FORT WORTH CONTRACT SECTION 1 -FRONT END DOCUMENTS 1.1 Short Form Notice to Bidders 1.2 Comprehensive Notice to Bidders 1.3 Special Instructions to Bidders (Water-Sewer 9-10-04) SHORT FORM NOTICE TO BIDDERS Sealed proposals for the following: FOR: WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE Water Project Number: P253-602170137583 City Project Number: 01375 T/PW D.O.E. Number: 6259 Addressed to: CITY OF FORT WORTH PURCHAS I NG DIVISION 1000 THROCKMORTON ST FOR T WORTH TX 76102 -6311 will be received at the Purchasing Office until 1 :30 p .m., Thursday March 18, 2010 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, General Contract Documents and Specifications for this project may be obtained in the office of the Water Department Design Services, 927 Taylor Street, Fort Worth, Texas 76102. The major work will consist of the following: WATER IMPROVEMENTS 3,943 L.F. 1,787 L.F. 8" Water Line Replacement (Sunset Circle) 8" Water Line Replacement (Timberland Dr.) For additional information, please contact J. Chris Underwood, Project Manager, City of Fort Worth -Water Department at Telephone Number: (817) 392-2629 or by email: john.underwood@fortworthgov.org, and/or Jim Deeter, P.E. Project Manager, City of Fort Worth-Water Department at (817) 392-7803. Advertising Dates : February 18, 2010 February 25, 2010 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following : FOR: WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE Water Project Number: P253-602170137583 City Project Number: 01375 T/PW D.O.E. Number: 6259 Addressed to: CI TY OF FORT WORTH PURCHASING DIV I SION 1 000 THROCKMORTON S T FORT WORTH TX 76102 -6311 ,g will be received at the Purchasing Office until 1 :30 p.m., Thursday March 'ti, 2010 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers . Plans, General Contract Documents and Specifications for this project may be obtained in the office of the Water Department, Design Services, 927 Taylor Street, Fort Worth, Tex as 76102. The major work will consist of the (approximate) following : WATER IMPROVEMENTS 3,943 L.F. 1,787 L.F. 8" Water Line Replacement (Sunset Circle) 8" Water Line Replacement (Timberland Dr.) Included in the above will be all other miscellaneous items of construction as outlined in the Plans , General Contract Documents and Specifications . NOTICES All bidders will be required to comply with Provision 5159a of "Vemon's Annotated Civil Statutes" of the State ofTexas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no. 7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment practices . Bid security may be required in accordance with Special Instructions to Bidders. The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration ofninety (90) days from the date bids are opened. The award of contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Addenda Index and Receipt form(s). Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Project Manager at (817) 392-2629. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time . Bidders must complete the proposal section(s) and submit the complete specification book or face rejection of the bid as non-responsive . It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time deadline stated below or the bidder may request a copy of said forms from the City of Fort Worth Project Manager named in this solicitation. COMPREHENSIVE NOTICE TO BIDDERS In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City of Fort Worth contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City of Fort Worth business days after the bid opening date . The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City of Fort Worth received the Documentation. Failure to comply shall render the bid non- responsive. 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. The managing department for this project is the Water Department. For additional information, please contact J. Chris Underwood, Project Manager, City ofFort Worth-Water Department at Telephone Number: (817) 392-2629 or by email: john.underwood@ fortworthgov .org, and/or Jim Deeter, P.E. Project Manager, Water Department at (817) 392-7803. DALE A. FISSELER, P.E. CITY MANAGER Advertising Dates: February 18, 2010 February 25, 2010 By:~4,~-· Jiµ_Deete-,,W:-- W ater Department, Engineering Services MARTY HENDRIX CITY SECRETARY - SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids . This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial 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 (I) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas . In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proofrequired herein. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3.7. 09/10/04 1 4. WAGERATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code . Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Right to Audit, under paragraph L of Section Cl: Supplementary Conditions To Part C -General Conditions, pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . 5 . AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6 . BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas . 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25 ,000.00 or less, the contract amount shall be paid within forty- five ( 45) calendar days after completion and acceptance by the City. 9 . AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions 09/10/04 2 or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, 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 qua lification , retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend , indemnify and hold City harmless aga in st any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal , state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AN D WO MEN B USINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive . Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal , State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years . 12 . FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a . The contractor will receive full payment (less retainage) from the city for each pay period. 09/10/04 3 b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable . g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 09/10/04 4 SECTION 2 -MWBE DOCUMENTATION 2.1 MWBE Special Instructions For Bidders 2.2 MWBE Subcontractors/Suppliers Utilization Form 2.3 MWBE Prime Contractor Waiver Form 2.4 MWBE Good Faith Effort Form 2.5 MWBE Joint Venture Eligibility Form - - - - - - FORTW'ORTH a· City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $25,000 or more, the MJWBE goal Is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE oal is not a licable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's M/WBE goal on this project is _....,l._2.=--_% of the total bid. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SU BM ITT AL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the followin for the entire bid to be considered res onsive to the s ifications. 1. Subcontractor Utilization Form, if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated oal : 3. Good Faith Effort and Subcontractor Utilization Form, if no M/WBE artici ation: 4. Prime Contractor Waiver Form, if you will erform all subcontractin /su lier work: S. Joint Venture Form, if utilize a joint venture to met or exceed oal. received by 5:00 p.m., five (5) City business days after the bid o enin date, exclusive of the bid o enin date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid o enin date, exclusive of the bid o enin date. received by 5:00 p.m., five (5) City business days after the bid o nin date, exclusive of the bid o nin date. received by 5:00 p.m., five (5) City business days after the bid o nin date, exclusive of the bid o enin date. FAILURE TO COMPLY WITH THE CITY'S MJWBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MJWBE Office at (817) 392-6104. Rev. 11/1/05 - - - - - - - - FORT WORTH ~ City of Fort Worth Subcontractors/Suppliers Utilization Form ATTACHMENT 1A Page 1 of 4 PRIME COMPANY NAME: Check applicable block to describe prime 1X LP M/W/DBE NON-M/W/DBE City's M/WBE Project Goal: Prime's M/WBE Project Utilization: ,a % 13. % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation , and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offerer 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 geograph ic area of Tarrant, Parker, Johnson , Collin , Dallas , Denton , Ellis , Kaufman and Rockwall counties . · Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nc1 tier . _ ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or doing business at the time of bid opening with in the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA}, or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized , the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm , including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as \lutlined in the lease agreement. Rev. 5/30/03 -- - - ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e ., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if nec essary . Certification N (check one) 0 SUBC ONTRACTOR/SUPP LI ER T n Company Name I N T Detail Detail C X M Subc ontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 ~ E E C T E A ~tu.~~.._ ROBERT GRANADOS TRUCKING H-'{.1.d ~'51 f.t£;o0D 5412 Kinplink Circle v' St.t f'ptu.s Fort Worth. Texas 76135 l (817) 237-3520 C2.oY1GY'~ e._ $ l/ ,qoo,00 COWfOWN REDI-MIX Redi MiK. PO Box 162327 .,,,,"' Fon Wonh, Texas 76161 l ..... v(817)759-1919 f(817)759-1716 Roadrunner Traffic Supply, Inc . , mf.f ,·c__ ~ I ,ooo,00 CoYH-YOI 3200 Marquita Drive Fort Wonh, Texas 76116 J / <SyppJie<; ..... v' phone: 817-244-0305 fax: 817-244-4819 Pipe. I ?i'pe.. $, 9' 3, 3/9. 0 l) f :tti~~+tk/~ HD SUPPLY WATERWORKS, Ltd. ,/' PO Box 840700 I Dallas, Texas 75284 (817) 595-0580 Asphoi Lr $ c:)0()0.oo 'I JLB Contnctin1, LLC PO Box 24131 I V Fort Worth, Texas 76124 (817) 261-2991 Rev . 5/30/03 - - - - - ATTACHMENT 1A Page 3 of4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/VVBEs. Please list M/VVBE firms first , use additional sheets if necessary. Certification N (check one) 0 SUBCO NTRACTOR/SUPPLIER n T T Detail Detail Company Name i N C X M Subcontracting W o rk Supplies Purchased Dollar Amount Address e M w T D Vii Telephone/Fax r B B R 0 B E E C T E A - Rev . 5/30/03 - - - - - FORT WORTH ~ Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ ATIACHMENT 1A Page 4 of4 3~ '500,e>O °f 5, 3/°/. DD TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ /33/ 8n.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Requ~t for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shal i submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination . By affixing a signature to this form, the Offerer further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offerer also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers , employees and appl icable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offerer and barred from participating in City work for a period of time not less than one (1) year. ~nature '":p C QS ·, OQ Y1:\:: Title -'<_ontact Name/Title (If different)\......... -rhot\.e_ Fa 'I., jtT-'63'f-/?Jf 3 ~/7 -5~4-4 55(p Company Name Telephone and/or Fax I Address ~a~ lei£! Co(lc.±SR ( · U>Y1t , · (o, l Wo, t..h IX: City/State/Zip 1 o':>/ l~ / 1 0 Date ' ' Rev. 5/30/03 - - - -- - - - - - - - FORTW°ORTH ·w City of Fort Worth Good Faith Effort Form ATTACHMENT 1C Page 1 of 3 Check applicable block to describe prime MIW/DBE NON-MIW/DBE & D If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid bei{lg considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. {DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2"8 tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 05/30/03 - - - - ATTACHMENT1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. VVes Date of Listing / cL , ;;1 ,3 1..{;fi __ No 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? ~Yes (If yes, attach M/WBE mail listing to include name offlnn and address and a dated copy of letter mailed.) __ No 4.) Did you solicit bids from M/WBE firms , within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? V Yes (If yes, attach list to include!!!!!!! of M/WBE finn, person contacted, phone number and date and time of contact) __ No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entir• list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of p~s and specifications in order to assist the M/WBEs? __ V_YYEes __ No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, H necessarv, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection \.JO 0 o .~rAod JJoHP-' --- Rev. 05/30/03 - - - -- - - - - - - - - - ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the City's raE Offi ~~i.-:::::::., Printed Sig ature ~V(]-0___ ' f Q_'p I tlE? V) + Title Contact Name and Title (if different) ~11-63'-/-/7.Lf 3 'isl] ,..5 3'-l-45Sl:, Phone Number Fax Number Corn-t'f2€ r: CovJ5\:(ud ;Qn\)(1 Le Company Name P.o.t:x))< \~Y4<3 Address to {-c ,Jo -< u, :IX -i ~ f l Ci City/State/Zip o3/ tSj tO Date Rev. 05/30/03 March 18, 2010 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: WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE Water Project No.: P253-602170137583 DOE No.: 6259 City Project No.: 013750 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) HD SUPPLY WATERWORKS, Ltd . $93,319.00 817-595-0580 No M /WBE bids received. Asphalt 1) JLB Contracting $2,000.00 817-261-2991 No M /WBE bids received. The above information is strictly confidential and must not be bound to the Contract Documents. Respectfully Submitted, CONATSER CONSTRUCTION TX, LP 4 l~,,;;~ ~onatser President --- February 23, 2010 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 wis h to quote us sub-prices on the following project [s]: WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE Water Project No: P253-541200-602170137583 DOE#: 6259 City Project No. #01375 PROJECT BID DATE: March 18, 2010 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 quote d "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 February 23 , 2010 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 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]: WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE Water Project No: P253-541200-602170137583 DOE#: 6259 City Project No. #01375 PROJECT BID DATE: March 18, 2010 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 fil e 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 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 February 23, 2010 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]: WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE Water Project No: P253-541200-602170137583 DOE#: 6259 City Project No. #01375 PROJECT BID DATE: March 18, 2010 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 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 DBE DB E ID# FIRM ADDR ESS C I TY STATE ZIP PHONE FAX L ETTER Februa r 23 2 010 0016 23 06 A E l 11 07 Arwi ne Cou rt , Sui te# I 00 Eul ess TX 7604 0 (8 17) 268-138 1 (8 17) 268-192 1 y 0016 23 06 820 Environ mental, In c . 3 103 C lea r Lake Court Arlington TX 760 17 (8 17) 467 -7006 (8 17) 4 65 -6 14 9 y 0016 23 06 DFW lntras trn cture , Inc. 4913 Bri ar Pa tch La ne Burleson TX 76028 18887399070 (817) 332-7244 y 0016 23 06 Magn um Man ho le & Undergro und Co . 3828 Cavali er Drive Garland TX 75042 (2 14) 687 -2293 (972) 276-53 18 y 0016 23 06 NTP Plum bin g & Utilities Contractor P O BOX 2 11 0 Fort Worth TX 76 104 (8 17) 4 83 -6200 (8 17) 4 83 -6203 y 00179102 Ram Tool & Suppl y Co mp any, In c . 14 32 Mac Arthur Dr. Carroll ton TX 75 007 (8 17) 759-1993 (8 17) 759-2799 y 00 32 1201 All-Tex Pipe & Suppl y, Inc . 5205 Elli ott Reed er Roa d Ha lt om Ci ty TX 76 11 7 (8 17) 83 1-382 1 (8 17) 83 1-2 173 y 00 32 1201 Ceco Sa les Corporati on 708 N . Ma in Street Fort Wort h TX 76 154-0 (8 17) 429-1866 (8 17) 332-5 103 y ..,..,., 00 32 120 1 LKT & Assoc iates P O BOX 668 Meli ssa TX 75 4 54 (2 14) 544-0440 (2 14) 544-3684 y 00 32 1201 Romar Suppl y, In c . 2468 Fabens Road Da ll as TX 75229 (2 14) 357-2020 (2 14 ) 357-1398 y 00 32 1201 Thomp son Bearin gs & Power Tra nsmiss ion LLC P O BOX 22226 1 Da ll as TX 75062 (972) 8 12-0878 (972) 8 12-0877 y 00 321 201 THT Electric Co mp a ny, Inc . OB A THT 2999 N . Sle mm ons Frwy Lewisv ill e TX 75077 (972) 979-3204 ( 469) 322-2668 y 00 32 1201 Tower We ll Reso urces , LLC PO BOX 164 1 Coll eyvi ll e TX 7603 4 (8 17) 849-1577 (817) 485-1677 y 00 32 1201 Win ston Wa ter Cooler, LTD . 50 14 Ma rk IV Parkway Fort Wort h TX 76 106 (8 17) 624-9090 (8 17) 624-1747 y 24-Feb -l O Send Log tatus AtType PrName Date Pa ... Company Su ... ample Fax Se1 All-Tex Pipe & Supply, Inc. Wed 2/24/2010 3 :1 0 PM 2 ample Fax Se1 B20 Environmental , Inc. Wed 2/24/2010 3 :12 PM 2 ample Fax Se1 Conatser Construction , Inc. te Wed 2/24/2010 3 :15 PM 2 ample Fax Se1 DFW lntrastructure , Inc. Wed 2/24/2010 3 :17 PM 2 ample Fax Se1 LKT & Associates Wed 2/24 /2010 3 :18 PM 2 ample Fax Se1 Magnum Manhole & Undergrou ... Wed 2/24/2010 3 :20 PM 2 ample Fax Se1 Ram Tool & Supply Company, Inc Wed 2/24/2010 3:23 PM 2 ample Fax Se1 Romar Supply, Inc. Wed 2/24/2010 3 :26 PM 2 ample Fax Se1 Thompson Bearings & Power Tr ... Wed 2/24/2010 3 :28 PM 2 ample Fax Se1 Winston Water Cooler , LTD. Wed 2/24/2010 3 :32 PM 2 ample Fax Se1 AE I Wed 2/24/2010 3:34 PM 2 ample Fax Se1 Ceco Sales Corporation Wed 2/24/2010 3:37 PM 2 ,+,,,... .s .__...., ~ ( ..-<-C- Fax Se1 NTP Plumbing & Utilities Contr Wed 2/24/2010 3 :42 PM 2 £.e,..-;r HA ,;-5 S ,,4 '-<:-O ~ ~/a-'1" --&-L • "f-(!_ff( ample Fax Se1 THT Electric Company, Inc. D Wed 2/24/2010 3 :44 PM 2 Failed Fax Se1 Tower Well Resources, LLC Wed 2/24/2010 3 :46 PM 2 ~~~ Page 1 Phone Number/Callerld 8178312173 8174656149 8175344556 8173327244 2145443684 9722765318 8177592799 2143571398 9728120877 8176241747 8172681921 8173325103 8174836203 4693222668 8174851677 Send Log Page 2 , , v,,,. oc:11 11a 1.:>1anu11s To : Inc . te Conatser Construct ion Conatser Construction , T X ., L P Tel : 817 -534-17 43 Fax : 817 -534 -4556 To : Inc . te Conatser Construction Company : Fax Number : 8175344556 I Subject : Pages including cover page : 2 MESSAGE Date: 2/24/2010 Time: 3 : 15: 16 PM Page 1 of 2 FAX COVER From : Bertha Gianulis Company : Conatser Construction Fax Number: (817 ) 534-4556 Time : 3:09 :28 PM Date : 2/24/2010 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. ''lli nF ax PRO Cover Page F~om : Bertha Gianulis To : In c. te Conatser Constructi on Date : 2/24/2010 Time : 3 :15 :16 PM CONATSER CONSTRUCTION TX .• L.P. February 23, 201 0 P . 0 . Box 15448 Fort Worth, Texas 7611 9 (817) 534-1743 (817) 534-4556 Attention : Certifi ed and Approved l\IBE and WBE Enterprise Compan ie s We are soliciting bids from C ertified and Approved M.B.E . and W.B .E. Enterprise companies wh o wish to quote us sub-prices on the following project [ s]: WATER, REPLACEMENT IN SUNSET CIRCLE AND TIMBEfilAND DRIVE Water Project No: P253-541200-602170137583 DOE#: 6259 City Project No. #01375 PROJECT BID DATE: March 18, 2010 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 ca n be viewed at Conatser Construction TX , L.P . 5327 Wichita Street, Fort Worth, Texas . Al l Su bcontractors must ha ve a Certificate of In s urance on file with us prior to bid submittal and must be capable of having a Performance, Payment and Mainten ance 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 rates and City Ordinance No. 7278 , as ame nded by C ity Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through !3-A-29), prohibiting discrimination in employment practices . Al l bids mu st be quoted "One Work Day Prior t.o Bid Opening", no later than 5:00 P.M.; otherwise bids will be considered non-responsive . We appreciate your interest in this project and look forward to working with yo u in the future. If you have any que stions or comments regarding the above, please call me at (817 ) 534-1743. Our Fax Number is (817) 534-4556. Mark Pappas Vice-President Pag e 2 of 2 SECTION 3 -BID PACKAGE 3 .1 Cover, Bid Proposal & Signature Sheets 3 .2 Vendor Compliance to State Law PROPOSAL TO: MR. DALE A. FISSELER, P.E. City Manager Fort Worth, Texas FOR: WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE SUNSET CIRCLE SOUTH (CAYLOR RD. N. TO SUNSET CIRCLE NORTH) SUNSET CIRCLE NORTH (SUNSET CIRCLE SOUTH TO CAYLOR RD . N.) TIMBERLAND DRIVE (CAYLOR RD. N. TO EXCELSIOR LANE) T/PW DOE NO. 6259 City Project No.: 01375 UNITS /SECTIONS: Water Project No. P253-541200-602170137583 Pursuant to the foregoing "Notice to Bidders", the undersigned has examined the plans, specifications and the site , understands the amount of work to be done , and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Water Department of the City of Fort Worth. The Contractor must be pre-qualified in accordance with the Water Department of the City of Fort Worth. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated for the following sums , to wit: Total quantities given in the bid proposal may not reflect actual quantities, by represent the best accuracy based on a reasonable effort of investigation ; however , they are given for the purpose of bidding on and awarding the contract. 1 WATER REPLACEMENT PAY BID ESTIMATED UNIT NAME OF ITEMS WITH UNIT PRICES IN WORDS UNIT PRICE TOTAL AMOUNT ITEM CPMS Q U ANTITY No. (Furnish and install , including all appurtenant work, complete in place, the follo w ing items) 1. BID-53 LF. Pipe -Pressure -6 inch PVC - 2. '"' .) . 4. 5. 6. 7 . 00616 Install by Open Cut; Per Linear Foot: BID-Sf ~ 00617 BID- 00618 BID- 00745 BID- 00745 BID- 00749 BID- 00751 5 ,790 6 1 7 1 ...-.--_/=u~) ~€ vr:l~---"'-l'-=i=J:-L.....> ..... )~D"----Dollars and l\,) Q -r Cents $ ~.oo $ I, I lck.oo LF. Pipe -Pressure - 8 inch Ductile Iron -Install by Bore & Jack; Per Linear Foot: ....... N~i~N~e~i.-c....i1-------Dollars and NO Cents LF. Pipe-Pressure-8 inch PVC - Install by Open Cut; Per Linear Foot: EA. Valve-6 Inch-Gate Valve with Box -Install ; Per Each: Dollars s;x HuNdted F.J;i and N O Cents $ (p5D .OO $ 3/100.00 EA. Valve-6 Inch-Gate Valve with Box -Cut-In; Per Each: Dollars llCeive . WuiJched and l\)D Cents $ I ,),Do. DO $ LJrv.00 EA. Valve-8 Inch-Gate Valve with Box -Install; Per Each: EA. Valve-3 Inch-Gate Valve with Box -Remove; Per Each: ...L..b ......c..t _\Je__ _ _.__._W-=u ....L.N=cl=-<-'.QJ=cl __ Dollars and [\JO Cents 2 $ 5w.DO $ 5Do.OO WATER REPLACEMENT PAY BID ESTIMA TED UNIT ITEM CPMS QUANTITY No. NAME OF ITEMS WITH UNIT PRICE S IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install , including all appurtenant work, complete in place, the followin g items) 8 . BID-1 EA. 8 Inch x 6 Inch Tapping Sleeve 9 . 10. 11. 12 . 13 . 00694 and 6 Inch-Gate Valv e w ith Box -Install ; Per E ach: BID- 00568 4.1 Jwo:rbov\SJ nd and rJ O Dollars Cents TN. Pipe Fittings-Cast Iron/ Ductile Iron Less than 16 Inch Diameter -Install; Per Ton: $ ~i W D co $ o?, COD 6 o <f.ie1;1_J' [1){) ifu>Jd [ed Dollars and__ Cents $ ;) 1 ;),_0{).0D $ 9), OcA,D. 0 0 BID- 00546 BID- 00548 BID- 00762 BID- 00758 6 15 · 45 1,280 EA. Fire Hydrant -Install ; Per Each: JWo 1h OUS1 Yid Dollars and N (J Cents VF. Fire Hydrant-Barrel & Stem Extension -Install ; Per Vertical Foot EA. Water Service -1 Inch -Tap to Main -Install ; Per Each: lwo Wu NUNd L'f-l'-1 Dollars and 1',H) Cents LF. Water Service -1 Inch -Copper - Install ; Per Linear Foot: E-~i9--.b ....... i~W~N~---Dollars and-' N O Cents 3 $ l<t.oo $ ~3 ,[J/0 .oD WATER REPLACEMENT PAY BID ESTIMATED UNIT ITEM CPMS QUANTITY No . NAME OF ITEMS WITH UNIT PRICES IN WORDS UNIT PRICE (Furnish and install , including all appurtenant work, complete in place , the following items) 14 . BID-45 EA. Meter Box -Class 'A' Plastic - 00550 Install ; Per Each: 0&£_ Vu h'ln rort li1:ieo±j F=t veJ)ollars and NO Cents $ t2'5PD 15. BID-1 LS. Water Service - 2 Inch Temporary- 00768 Furnish & Lay; Per Lump Sum: ~u r ,ho~ .c..a nri Dollars and N O Cents $ 1£1;mcO 16 . BID-5 ,790 LF. Trench Safety System -over 00372 5 foot Depth; Per Linear Foot jJ 0.}JQ.... Dollars ~d ,efJ Cents $ 0 ,/D 17. BID-680 LF. Pavement -Min. 2 Inch HMAC on 00443 2:27 Concrete Base -Permanent (STR-028) -Install ; Per Linear Foot --1 hi' (t,~ Dollars and f.J 0 Cents $ f5J.DD 18 . BID-30 CY. Concrete-Type 'B ' -Install ; 00837 Per Cubic Yard: r:-· I .J L Dollars and N Q Cents $ 5.DO 19. BID-20 CY. Concrete -Type 'E ' -Install; 00839 Per Cubic Yard: J:_-; v ~ Dollars '5 .00 and ~Q Cents $ 4 TOTAL AMOUNT $ s;~.oo $ lf ' ooo. 00 $ 6'79. ()0 $ o<O:i._[l). OD > $ l 5oP0 $ l CO·oo WATER REPLACEMENT PAY BID ESTIMATED UNIT ITEM CPMS QUANTITY No. NAME OF ITEMS WITH UNIT PRICES IN WORDS UNIT PRIC E (Furnish and install , including all appurtenant work , complete in place , the following items) 20 . BID-20 CY. Subgrade -Crushed Limestone for 21. 22. 23 . 24 . 25 . 00493 Misc. Placement -Install ; Per Cubic Yard: "Two Dollars and tJ O Cents BID -2 ,950 SF . Concrete Driveway -Remove 00402 and Replace ; Per Square Foot: to u r Dollars and F',' .f -+ '1 Cents BID-1,950 SF . Gravel D riveway -Remove 00402 and Replace; Per Square Foot: /wo Do ll ars and ND Cents BID-380 SF . Asphalt Driveway -Remove 00402 and R ep lace ; Per Square Foot: ,h r-ee__. Dollars and Ej' f-f ~ Cents BID-365 SF. Dirt Driveway -Remove 00402 and Replace; Per Square Foot: O>Jc Dollars and NO Cents BID-10 LF. Curb -Concrete Driveway 00844 Runners -R emove and Replace ; Per Linear Foot: /hi (b ,j_ Dollars and tJO Cents 5 $ o1.oo $ 4 .so $ <?5 · oO $ 3.bD $ 1.00 $ 3J).oo TOTA L AMOUNT $ .J..Jo. oo $ /3 ,,;z 75 . 00 • $ 38C0.°0 $ ll 33D.°', $ c3 ~5:otJ $ 3:J0.00 WATER REPLACEMENT PAY BID ESTIMATED UNIT ITEM CPMS QUANTITY No . NAME OF ITEMS WITH UNIT PRICE S IN WORDS UNIT PRICE TOTAL AMOUNT (Furni sh and install , including all appurtenant work, complete in place, the follo w ing items) 26 . BID-615 S F. 4-foot Concrete Walk -Remov e 00529 & Replace; Per Square Foot: 111 vee ~ Dollars _.._an__,__d_._1,_-v=O_,__==------Cents $ 3 . DD $ l ,&>.J/5.00 27. BID- 00367 1 EA. Cut and Plug Existing Mains in Separate Trench; Per Each: 28. BID-210 LF . 00080 29. BID-1 LS. 01228 30. BID-1 LS . 01189 *Type of Pipe U sed ~ PVC DR-14 : __ \'-L_ ___ _ DIP Class 51: ------- ~b~V~e_'----'--'ti_._.u ........ JJ..C..:d2--'fi'-=~=cl"--_ Dollars and A.J o Cents Pipe -Storm Drain Culverts - Remove and Replace; Per Linear Foot: I u 2en + '1 .r=-i' 11 e .., Dollars and tJ O Cents J Miscellaneous Time and Material - Remove and Replace Modular Retaining Wall ; Per Lump Sum: two,ho~s0 nd Dollars and N D Cents Traffic Control Plan -Design and Install as Required; Per Lump Sum: T=ou. r Jhou.~ a d Dollars and ~lo Cents TOTAL AMOUNT WATER BID 6 $ ~6 .oo $ 5 d5V.OO I $ cii [l)o .Ix) $dl rm.w $ LJ, tw fX) $ L/, (;£0, ()0 PROPOSAL (Cont.) Within ten (10) days after acceptance of this 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 Port 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. As a requirement of this project, the undersigned bidder certified that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects , and that they have read and thoroughly understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. 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 the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400 . The Bidder agrees to begin construction within ten (10) calendar days after issue of the work order and to complete the contract within 100 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) __ A. The principal place of business of our company is in the State of ___ _ Nonresident bidders in the State of , our principal place of business, are required to be __ percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. X B . The principal place of business of our company or our parent company or majority owner is in the State of Texas. 7 I (we) acknowledge receipt of the following addenda to the plans and specifications , all of the provisions and requirements of which have been taken into consideration on preparation of the forgoing bid: Addendum No. 1 (Initials>.'.'.'.'.:&: Addendum No. 3 (Initials) ___ _ Addendum No. 2 (Initials) __ _ (Seal) Date: 0 ,::> } I <z3' } I D r l Addendum No. 4 (Initials) ___ _ Respectfully submitted, By -~~ ~<J e 'f r- Title: ffl5 ,dgn± Company: C1r-adse v:: CDYJ5-tru.d::1oo T& LP Address: f.O. Box lot.fl..} 2;- fo {f--, W o-r t.h , =ex: Telephone: ( '?t '1) 634 -I tJ 4 :!) 8 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that , in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements , supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located . The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications . The fa ilure 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. gJ_ BIDDER: Address -Fv c-c. Wo,t.11 ;:re:: 11u 111 City/State/Zi p Title: :f?CIB ~ d Q,VJ± (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION SECTION 4 -GENERAL AND SPECIAL CONDITIONS . 4 .1 Part C -General Conditions (Water-Sewer) 4.2 Supplementary Conditions to Part C (Water-Sewer) 4.3 Part D -Special Conditions (Water-Sewer) 4.4 Part DA-Additional Special Conditions (Water-Sewer) 4.5 Wage Rates 4.6 Compliance with and Enforcement of Prevailing Wage Laws 4.7 Standard Details (Water-Sewer) ,, Cl-1 Cl-1.1 Cl-1.2 Cl-1.3 Cl-1.4 Cl-1.5 Cl-1.6 Cl-1.7 Cl-1.8 Cl-1.9 Cl-1.10 Cl-1.11 Cl-1.12 Cl-1.13 Cl-1.14 Cl-1.15 Cl-1.16 Cl-1.17 Cl-1.18 Cl-1.19 Cl-1.20 Cl-1.21 Cl-1.22 Cl-1.23 Cl-1.24 Cl-1.25 Cl-1.26 Cl-1.27 Cl-1.28 Cl-1.29 Cl-1.30 Cl-1.31 Cl-1.32 C2-2 C2-2.1 C2-2.2 C2-2.3 C2-2.4 PART C -GENERAL CONDITIONS TABLE OF CONTENTS OCTOBER 19 , 2009 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bonds Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Days Legal Holidays Abbreviations Change Order Paved Streets and Alleys Unpaved Streets or Alleys City Street Roadway Gravel Street INTERPRETATION AND PREPARATION OF PROPOSAL Proposal Form Interpretation of Quantities Examination of Contract Documents and Site of Project Submitting of Proposal (1) Cl-1 (1) Cl-1 (1) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (4) ·c1-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (5) Cl-1 (5) Cl-1 (6) Cl-1 (6) Cl-1 (6) Cl-1 (6) C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (2) , ' . '· + < C2-2.5 C2-2.6 C2-2.7 C2-2.8 C2-2.9 C2-2.10 C2-2.11 C2-2.12 C3-3 C3-3.l C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C-3-3.10 C3-3.ll C3-3.12 C3-3.13 C3-3.14 C3-3.15 C4-4 C4-4.l C4-4.2 C4-4.3 C4-4.4 C4-4.5 C4-4.6 C4-4.7 C5-5 C5-5.l C5-5.2 C5-5.3 C5-5.4 C5-5.5 CS-5.6 C5-5.7 •. Rejection of Proposals Bid Security Delivery of Proposal Withdrawing Proposals Telegraphic Modifications of Proposals Public Opening of Proposal Irregular Proposals Disqualification of Bidders AW ARD AND EXECUTION OF DOCUMENTS: Consideration of Proposals Minority Business Enterprise/Women Business Enterprise Compliance Equal Employment Provisions Withdrawal of Proposals A ward of Contract Return of Proposal Securities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payrolls Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Quantities Alteration of Contract Documents Extra Work Construction Schedule Schedule Tiers Special Instructions CONTROL OF WORK AND MATERIALS Authority of Engineer Conformity with Plans Coordination of Contract Documents Cooperation of Contractor Emergency and/or Rectification Work Field Office Construction Stakes (2) . "' . ' ·'. , . C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (4) C2-2 (4) C2-2 (4) C3-3 (1) C3-3 (1) C3-3 (1) C3-3 (1) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (3) C3-3 (3) C3-3 (4) C3-3 (4) C3-3 (6) C3-3 (6) C3-3 (6) C3-3 (7) C4-4 (1) C4-4 (1) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 (3) C4-4 (6) C5-5 (1) C5-5 (1) C5-5 (1) C5-5 (2) C5-5 (2) C5-5 (3) C5-5 (3) .. -I;. " ' , ' ' .. • < ' . '-""" +; le ..,, " ' "!. C5-5.8 C5-5 .9 C5-5.10 C5-5.ll C5 -5.12 C5-5.13 C5-5.14 C5-5.15 C5-5 .16 C5-5.l 7 C5-5 .18 C6-6 C6-6.l C6 -6.2 C6-6 .3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6.6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.l 7 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C?-7.2 C7-7.3 C7-7.4 C7 -7 .5 C7:-7 .6 C7-7.7 C7-7.8 Authority and Duties of City Inspector Inspection Removal of Defective and Unauthor ized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities Interruption of Service Mutual Responsibility of Contractors Clean-Up Final Inspection LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices , Materials, and Processes Sanitary Provisio~s Public Safety and Convenience Privileges f Contractor in Streets , Alleys, and Right-of-Way Railway Crossings Barricades, W amings and Flagmen Use of Explosives, Drop Weight, Etc . Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment or Relocation of Public Utilities, Etc. Temporary Sewer and Drain Connections Arrangement and Charges for Water Furnished by the City Use of a Section or Portion of the Work Contractor's Responsibility for the Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of The Work Limitation of Operations Character of Workmen and Equipment Work Schedule Time of Commencement and Completion Extension of Time Completion (3) C5-5 (3) C5-5 (4) C5-5 (4) C5-5 (4) C5-5 (5) C5-5 (5) C5-5 (5) C5-5 (6) C5-5 (7) C5-5 (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 (9) C6-6 (9) C6-6 (9) C6-6 (9) C6-6 (10) C6-6 (10) C7-7 (1) C7-7 (1) C7-7 (1) C7-7 (2) C7-7 (2) C7-7 (3) C7-7 (3) C7-7 (3) C7-7.9 C7-7.10 C7-7.11 C7-7 .12 C7-7.13 C7-7.14 C7-7 .15 C7-7.16 C7-7.17 C8-8 C8-8.1 C8-8.2 C8-8.3 C8-8.4 C8-8.5 C8-8 .6 C8-8.7 C8-8.8 C8-8.9 C8-8.10 C8-8 .ll C8-8.12 C8-8.13 Delays Time of Completion Suspension by Court Order Temporary Suspension ,f i(. .. Termination of Contract due to National Emergency Suspension or Abandonment of the Work and Annulment of the Contract: Fulfillment of Contract Termination for Convenience of the Owner Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement Of Quantities g Unit Prices Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adequacy of Design General Guaranty Subsidiary Work Miscellaneous Placement of Material Record Documents 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) C8-8 (1) C8-8 (1) C8-8 (1) C8-8 (1) C8-8 (2) C8-8 (3) C8-8 (3) C8-8 (3) C8-8 (4) C8-8 (4) C8-8 (4) C8-8 (4) C8-8 (4) PART C -GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION C 1-1 DEFINITIONS Cl-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: Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents , such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items PART A-NOTICE TO BIDDERS 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 El-White E2-Golden Rod E2A-White 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 PARTF-BONDS PART G-CONTRACT PART H -PLANS (Usually bound separately) Cl-1 (1) • < r· ,' "' ' -t ' J ' " ~ ) " Cl-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. Cl-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done , together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. Cl-1.5 BIDDER: Any person, persons, firm, partnership, company , assocrnt10n, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. Cl-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances . Whenever there may be a conflict between the General Conditions and the Special Conditions, the latter shall take precedence .. Cl-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. Cl-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a . b . C. d. C2-2 .6) ;. Performance Bond (see paragraph C3-3.7) •. , ,. Payment Bond (see paragraph C3-3.7) Maintenance Bond (see paragraph C3-3.7) Proposal or Bid Security (see Special Instructions to Bidders, Part A and Cl-1 (2) \ . '· " .. " Cl-1.10 CONTRACT: The Contract is a formal. signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents . C 1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. Cl-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl-1.14 MAYOR: The officially elected Mayor, or in his absence , the Mayor Pro tern of the City of Fort Worth , Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. Cl -1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas , referred to in the charter as the City Engineer, or his duly authorized representative. Cl-1.18 DIRECTOR. CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. Cl-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. Cl-1.20 C<;)NTRACTOR: The person, person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting Cl-1 (3) , .. , .. ' < , ' --. ; ' . ' .. directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, supplying labor and materials or only labor, for the work at the site of the project. Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein . Cl-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 c9mpleted and serviceable project. Cl-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 C 1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. 2. 3 . 4. 5. 6. 7 . 8. 9. New Year's day M.L. King, Jr. Birthday Memorial Day Independence Day , ·' Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Forth Friday in November December25 When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday . Cl-1.26 ABBREVIATIONS : Whenever the abbreviations defined herein appear in the ' , Contract Documents, the intent and meaning shall be as follows: Cl-1 (4) .. r- -- ... ..... il,!i, AASHTO -American Association of State MGD Million Gallons Highway Transportation Officials per Day ASCE American Society of Civil CFS Cubic Foot per Engineers Second IAW In Accordance With Min . Minimum ASTM American Society of Testing Mono. Monolithic Materials % Percentum AWWA American Water Works R Radius Association I.D. Inside Diameter ASA American Standards Association O.D. Out side Diameter HI Hydraulic Institute Elev . Elevation Asph. Asphalt F Fahrenheit Ave. Avenue C Centigrade Blvd. Boulevard In . Inch CI Cast Iron Ft. Foot CL Center Line St. Street GI Galvanized Iron CY Cubic Yard Lin . Linear or Lineal Yd . Yard lb. Pound SY Square yard MH Manhole L.F. Linear Foot Max. Maximum D.I . Ductile Iron Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on · which bids were submitted . Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25 % of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as nece s sary furnished by the Contractor. Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. 2 . 3. 4. 5. Any type of asphaltic concrete with or without separate base material. Any type of asphalt surface treatment , not including 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. Cl-1 (5) :"' r- ., ,. ~1l' ' ' Cl-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for "Paved Streets and Alleys." Cl-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. C 1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four ('4) feet back of the average edge of pavement where no curb exists. Cl-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made . I, ,. ~ > h •, • "':..r. I . ' ( ., ! '~ ."' . • ¥ ,~ .. , I {; ,, " ,, .~ ,, . ';• .~ '~ Cl-1 (6) ' < ' - - - .. SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with Proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will st~te 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 no more than one (1) year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten ( 10) percent of the estirnated 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 completed not more than five (5) years prior to the date on which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2.,.2 .2 INTERPRETATION OF 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 ap12rox~mate only and will be used for the purpose of comparing bids !;)n 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 Cqntract Documents and Plans. The quantities of work to be performed and materials to be furnished ma~ be increased or decreased as hereinafter provided, without in any way invalidating the 19nit prices bid or any other requirements of the Contract Documents. C2-2 (1) ' " C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2 (2) ...... , ' of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened . C2-2 .6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids . C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth , Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration must be made in writing , addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2 (3) .. " ., l C2-2 .10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids . C2-2 .11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions , alterations of form , additions, or conditions not called for , unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City . Tendering a proposal after the closing hour is an irregularity which can not be waived . C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to , the following reasons: a) Reasons for believing that collusion exists among bidders . b) Reasonable grounds for believing that any bidder is interested in more than c) d) e) f) g) h) one proposal for work contemplated . The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. The bidder being in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by financial statement, experience statement, 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 addi tional 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 the bidder who , in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. < • l C2-2 (4) -' . ' '• PART C -GENERAL CONDITIONS C3-3 . AW ARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AW ARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of the unit prices ·quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals , or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman-owned Business Entei:prise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit-and/or an examination of any books, records , or files-in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relattng 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 Ordinances prohibiting discrimination in employment practices . The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAW AL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened . C3-3 (1) ,. '• ' ,1 ' . . . C 3-3 .5 AW ARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if award is made, will be to the lowest and best responsive bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 .6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award . All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: a. b. ' . C. .. ~ PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. 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. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article , ' t C3-3 (2) . ' ~ ,. ' d. 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. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made . on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for ~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 annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) '' ' " l ~ ,'~ ..... suffer by reason of such failure on the part of the A wardee and shall thereupon immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until ~ authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.ll INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents , and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the O wner the sub-contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors . It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors . a. '- .. .. b. <' ;.11 C. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors . In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2 ,000,000 umbrella policy coverage . ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability ( covers General Contractor 's Liability for acts of sub-contractors). C3-3 (4) ' ' ' ' 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation ill excavation are 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 requirements of Contract). d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE:" The CoQtractor 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 s<1.me 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. f. g. 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. PROOF OF CARRIAGE OF INSURANCE: The Contrac,;tor shall furnish the owner with satisfactory proof of c9verage by insurance required in these Contract Docume11ts in the amounts and by cartj~rs ~atisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime O ,;mtractor' s insurance not cover the sub-contractor's work operations . LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bondi~g companies with whom the Contractor's insurance and C3-3 (5) ( . ' '' . •' :· performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth- Dallas area. The name of the agent, or agents shall be set forth on all such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office ( or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all C3-3 (6) ,• appropriately signed and sealed, as applicable, by the Contractor's responsible offices with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration , whether it be oriented in furthering the work, or other, be governed direct by local authority . This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned . No credit of working time will be allowed for periods in which work stoppages are in effect for this reason . C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas . C3-3 (7) '• ' . ...... v .. . , ' •. y.\ •• },\ .. , . '<-.... SECTION C4-4 SCOPE OF WORK PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK ' ' ' C4-4.1 INTENT OF CONTRACT DOCUMENTS: It i s the definite intention of these Contract Documents to provide for a complete , useful project which the Contractor undertake s 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 , material s, machinery, equipment, special services , and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents , the "Special Provisions " covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda . All such "Special Provisions " shall be considered to be part of the Contract Documents just as though they were originally written therein . 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 prices . Such increased or decreased quantity shall not be more than twenty-five (25) percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or m aterials 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 propo sal ; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents . Variations in quantities of sanitary sewer pipes in depth categories , shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size , but not to the various depth categories. C4-4 (1 ) .. : C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made neces sary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents , shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b . An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently into the project, and ( 4) actual cost of insurance, bonds , and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work. The fee shall be full and compiete 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. Ng "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. N©, claim for Extra Work of any kind will be allowed unless ordered in writing by the Ow ner. 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 req uest to the Engineer for written orders authorizing such Extra Work, prior to beginning su§h work. C4-4 (2) Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation . The compensation agreed upon for "Extra Work" whether or not initiated by a "Change Order" shall be a full , complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work , whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. ~ .. C4-4.6 CONSTRUCTION SCHEDULE: Before commencing any work under this contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associateri with the scheduling software). The approved scheduling software systems for creating the schedule files are : Primavera (Version 6.1 or later or approved by OWNER) Primavera Contractor (Version 6.1 or later or approved by OWNER) Primavera SureTrak (Version 3.x or later or approved by OWNER) Microsoft Project (Version 2003/2007 or later or approved by OWNER) It is suggested that the CONTRACTOR employ or retain the services of a qualified Project Scheduler to develop the required schedules . A qualified Project Scheduler would have the following minimum capabilities and experience. Experience preparing and maintaining detailed schedules, as well as 1 year of experience using approved scheduling software systems as defined in this specification. Knowledge of Critical Path Method of scheduling and the ability to analyze schedules to determine duration, resource allocation, and logic issues. ' . . ',. ' .. ' . ' ' C4-4 (3) , .. c. Understanding of construction work processes to the extent that a logical critical path method schedule can be developed, maintained, and progressed that accurately represents the scope of work performed . C4-4.6(a) BASELINE CONSTRUCTION SCHEDULE: The CONTRACTOR shall develop , submit and review the draft detailed baseline construction schedule with the OWNER to demonstrate the CONTRACTOR's understanding of the contract requirements and approach for performing the work. The CONTRACTOR will prepare the final detailed baseline construction schedule based on OWNER comments, if any. The CONTRACTOR 's first (1st) payment application will only be processed after the detailed ba seline construction schedule has been submitted by the CONTRACTOR and accepted by the OWNER. , The following guidelines shall be adhered to in preparing the baseline construction schedule . a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements , and completion time. b. The construction progress shall be divided into activities with time durations no greater than 20 work days . Fabrication, delivery and submittal activities are exceptions to this guideline . c. Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. The critical path shall be clearly shown on the construction schedule. · e . Float time is defined as the amount of time between the earliest start d~te and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall be divided into general act1v1t1es as indicated in the Schedule Guidance Document and each general activity shall be broken down into sub- activities in enough detail to achieve sub-activities of no greater than 20 days duration . The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of this contract document by reference for all purposes , the same as if copies verbatim herein. For each general act1v1ty, the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts applicable to the project, the construction schedule shall indicate the following: procurement, construction , pre-acceptance activities , and C4-4 (4) . ' ' : . ' ' events in their logical sequence for equipment and materials. Include applicable activities and milestones such as: 1. Milestone for formal Notice to Proceed 2. Milestone for Final Completion or other completion dates specified in the contract documents 3. Preparation and transmittal of submittals 4. Submittal review periods 5. Shop fabrication and delivery 6. Erection and installation 7. Transmittal of manufacturer's operation and maintenance instructions 8. Installed equipment and material testing 9. Owner's operator instructions (if applicable) 10. Final inspection 11. Operational testing C4-4.6(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall prepare and submit monthly to the OWNER for approval the updated schedule in accordance with C4-4.6 and C4-4.7 and the OWNER's Schedule Guidance Document inclusive. As the Work progresses, the CONTRACTOR shall enter into the schedule and record actual progress as described in the Schedule Guidance Document. The updated schedule submittal shall also include a concise narrative report that highlights the following, if appropriate and applicable: • T~ ", • • ' . Changes in the critical path, Expected schedule changes, Potential delays, Opportunities to expedite the schedule, Coordination issues the OWNER should be aware of or can assist with, Other schedule-related issues that the CONTRACTOR wishes to communicate to the OWNER. a. The CONTRACTOR's monthly progress payment applications will not be accepted and processed for payment without monthly schedule updates, submitted in the time and manner required by this specification and the Schedule Guidance Document, and which accurately reflects the allowable costs due under the Contract Documents and is accepted by the OWNER. b. Only one schedule update will be required per month in accordance with the Schedule Guidance Document and this specification. c. Failure to maintain the Schedule in an accepted status may result in the OWNER withholding payment to the CONTRACTOR until the schedule is accepted. C4-4 (5) C-4-4.6(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: If, in the opinion of the OWNER, work accomplished falls behind that scheduled, the CONTRACTOR shall take such action as necessary to improve his progress. In addition, the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time. Failure of the CONTRACTOR to comply with these requirements shall be considered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with due diligence as will ensure completion within the time specified in the Contract. C4-4.7 SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the ~chedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents . The requirements for each Tier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents . TIER 3 COST LOADING SPECIAL INSTRUCTIONS: 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling softwar~ shall be cost-loaded with the total contract dollars associated with the respective ABS elements . TIER 4 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 3 requirements, and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER's standard items) s~all be loaded into the scheduling software using the "NON- LABOR" resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars. It is intended that Earned Value will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 4 requirements, and additionally the following: • Labor resources (Man-Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and without cost. C4-4 (6) • y PART C -GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the Contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. The Engineer shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written . request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shan conform with lines, grades, cross-sections , finish, and dimensions shown on the plans or any other requirements other wise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections . In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specification, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the C5-5 (1) Contract Documents , and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way . The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assi~tant project superinte,ndent shall be a resident of Tarrant County, Texas, and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials .entering into the work. C5-5 .5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designate d representative , shall respond with dispatch to a verb ql request made by the Owner or Engineer to alleviate the emergency condition . Such a response shall occur day or night, whether the project is scheduled on a calendar-day or a working-day basis. Sh<jmld the Coptractor fail to respond to a request from the Engineer to rectify any discrepancies , omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the C5-5 (2) - discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds • due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide , at no extra compensation, an .. adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather proof, so that documents will not be damaged by the elements. C5-5.7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all · lines, grades, and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and lines , grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. • .. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary tot he requirement s of the C5-5 (3) -' - Contract Documents. The City Inspector will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties . The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents of the Contract Documents, provided, however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in Controversy. CS-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed . After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should Work so exposed or examined prove to be unacceptable, the uncovering or removing and replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5 .10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK:All work, materials , or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthori~ed work to be removed, and the cost thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications , law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the function called for by the general design , be similar and of equal substance to that specified and be suited to the same use and C5-5 (4) . , " ,. ,, -' capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless other wise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection . C5-5 .14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities . The location of many gas mains, water mains, conduits, sewer lines and service lines for C5-5 (5) all utilities, etc ., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor 's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities , structures, and service lines shall include notification of all utility companies at least forty-eight ( 48) hours in advance of construction including exploratory excavation if necessary . All verification of utilities and their adjustment shall be considered subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a . Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3 . In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's door knob . The tag shall be durable in composition, and in large bold letters shall say: CS-5 (6) > r ''. . ' "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on ____ _ between the hours of and ___ _ This inconvenience will be as short as possible. Thank You, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall suffer loss or damage of the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any claim against the owner on account of damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim . C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four (24) hours after written notice is given the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor . Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. , ' .• ' \ ' C5-5 (7) CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made. Such inspection will be made within 10 days after such notification . After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. ,• . " C5-5 (8) ~- 1, • L PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.l LAWS TO BE OBSERVED:The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea or misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6 .3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract price shall include all royalties or cost arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by ' . C6-6(1) ,, the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance . All sanitary laws and regulation s of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all t~mes all phases of his work in such a manner as not to impair the safety or convenience of the public , including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contr~ctor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement or crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer, If diversion of traffic is approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic , and shall, at his expense , provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in construction of the work shall be placed sg 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 ri~ht to remedy any neglect without notice , and in either case, the cost of such work or materials furnished by the Owner . or by the City shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters , Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inacce ssible, and when so directed by the Engineer, shall keep any street, streets , or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets , alleys , or hydrants are placed back in service . Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams , his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings . C6-6(2) ' ~ ,. ' •.' . ' .• M ,.. The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy tree s and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done , the Contractor shall immediately satisfy all claims of property owners , and no payment will be made by the Owner in settlement of such claims . The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools , materials , and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations . Excavated and waste materials shall be piled or staked in such a way as not -to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains , loading or unloading of cars , etc. Other contractors of the Owner may, for all purposes required by the contract , enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public . Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties . The Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents. C6 -6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street , alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from , and vehicles from being driven on or into , any work under C6-6(3) ., construction or being maintained . The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage . All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways ", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos . 27, 29, 30 and 31. The Contractor will not remove any regulatory sign , instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075 ), to remove the sign. In case of regulatory signs , the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications , the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to · the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades , signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the Work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or salaries of watchmen, for the subsequent remcwal 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, DRQP WEIGHT, ETC.: Should the Contractor elect to use explosives , drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in advance of the u se of any C6-6(4) •. activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Conditions Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of ·explosives. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges, as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the work. The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise C6-6(5) replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be cro ss ed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary , the Contractor shall provide cross-braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work . In case of failure on the part of the C0ntractor to restore such property or to make good such damage or injury, the Owner may , upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous · condition results, proceed to repair, rebuild , or otherwise restore such property as may be determined by the Owner to be necessary , and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6 . l 1 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent , servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all work and services performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents , servants, employees , contractor, subcontractors , licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers , agents, employees, contractors and subcontractors , and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. Co-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to , and does hereby indemnify, hold harmless and defend Owner, its officers , agents , servants, and employees from and against any and all claims or su its for pri;>perty damage or loss and/or personal injury, including death, to any and all persons , of whatsoever kind or charac;:ter, whetqer real or asserted , arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the CE?ntractor, its officers , agents, employees , contractors, subcontractors, licensees or invitees , whether or not caused, in whole or in apart, by alleged negligence on the part of o:f;ficers, agents , · employees , contractors , subcontractors, licensees or invitees of the C6-6(6) l. . ' . (' ' •, Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers , agents, servants, and employees for property damage or loss, and/or personal injuries, including death, to any and all person of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly , the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart , by alleged negligence of officers, agents, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory tot he Director that: 1. -. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the C6-6(7) ' ' - 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 1s outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES : Should the Contractor claim compensation foe any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25 1h day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage . Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived , and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC .: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by the performance of this Contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense , adequate pumping facilities and temporary outlets or divisions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from th~se 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 qnder 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 proteeted. C6-6(8) , '• ' ~- ' , C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY : When the Contractor de sires to use City water in connection with any construction work , he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing . City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense . The Contractor's responsibiljty in the use of all existing fire hydrant and/or valves is ~ detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges , if any, for water will be made at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City ordinance, or where no ordinances applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents . All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the " Contractor, shall be performed by the Contractor at his expense. C6-6.18 CONTRACTOR 'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents , the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild , repair, restore , and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6 .19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work , or any extension of time , or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents . Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6(9) C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrymg out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, and organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials , supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable State Comptroller's rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owner improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Texas Limited Sales, Excise, and Use Tax Act permits and information can be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX C6-6(10) .. ... ., ..... -ff < ,., " PART C -GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS ' . ' SECTION C7-7 PROSECUTION AND PROGRESS: C7-7 .1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents . All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject tot he same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, or otherwise dispose of the contract or his rights, title , or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any states, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled , unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7 .3 PROSECUTION OF THE WORK: Prior to beginning any construction operations, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. C7-7(1) .. '\,' -\ ~- The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any Deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor when it is available . The Contractor may bring from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted . The Contractor shall employ only such superintendents , foremen, and workmen who are careful, competent, and fully qualified to perform the duties and tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or to be found to be incompetent, disrespectful , intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglect or refuses to comply with or carry out the direction of the owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned t0 them and operate any equipment necessary to properly carry out the performance of the assigned duties . The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing ;:my part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work. Workmen or adjacent property will result from its use. C7-7(2) . ~ ' < C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined .in Cl-1.23 "WORKING DAYS" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. b. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later that the preceding Thursday. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in Cl-1.24 and the Contractor may work as he so desires. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes , or delays of sub-contractors due to such causes . , . C7-7(3) When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A reque st for exten sion of time due to inability to obtain supplies and materials will be con sidered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule . This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time mat be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work , except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any , which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and referred by the Engineer to the City Council for final approval or disapproval ; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for shall , however, be subject to the approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal , the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon . The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents , or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents , will be deducted from the monies due the Contractor, not as a penalty , but as liquidated damages suffered by the Owner. C7-7(4) 'I: ' ~ .. -5 ; AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED ~ DAMAGES PER DAY Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45 .00 $ 15 ,001 to $ 25 ,000 inclusive $ 63 .00 $ 25 ,001 to $ 50,000 inclusive $ 105.00 $ 50 ,001 to $ 100,000 inclusive $ 154.00 $ 100 ,001 to $ 500,000 inclusive $ 210.00 $ 500,001 to $1,000,000 inclusive . $ 315 .00 $1,000,001 to $2,000,000 inclusive $ 420.00 $2,000,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that the "Amount of Liquidated Damages Per Day ", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay . C7-7 .11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible . C7-7.12 TEMPORARY SUSPENSION : The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason , the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way , and he shall take every precaution to prevent damage or deterioration of the work performed ; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7 .8 EXTENSION OF THETIME OF COMPLETION , and should it be C7-7 (5) ~·' determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations . C7-7 .13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY : Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is Qot attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include. But not be . limited to the payment for all work executed but not anticipated profits on work which has not been performed. · C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner . b. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7-7(6) H. 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 , and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements , for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations , and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances , or any damage due or attributed to such defects , which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage , and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8 .10 GENERAL GUARANTY: Delete C8-8 .10 , General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following : Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Revised 10/24/02 Pg .4 - - - - - - - - - - J. K. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor ofthis specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P .O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2 .9 TELEGRAPHIC MODIFICATION .OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated 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: 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: Revised 10/24/02 Pg. 5 In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . 2 . Pg. C3-3(5) Paragraph C3-3 .l 1 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C -General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits . (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the · effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. ( c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: Revised 10/24/02 1. 50 copies and under -10 cents per page Pg.6 - - - I ' -- - - - -, ·- ·- - - - - M. N. 2, More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C -General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. 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 w:ord flagmen. 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. 0. MINORITY /WOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation ( other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. Revised 10/24/02 Pg. 7 P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance 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. Revised 10/24/02 Pg. 8 - - - - - - - - - PART D -SPECIAL CONDITIONS D-1 GENERAL ............................................................................................................................ 3 D-2 COORDINATION MEETING ................................................................................................ 5 D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ...................... 5 D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT ...................................... 7 D-5 CROSSING OF EXISTING UTILITIES ................................................................................. ? D-6 EXISTING UTILITIES AND IMPROVEMENTS .................................................................... 8 D-7 CONSTRUCTION TRAFFIC OVER PIPELINES .................................................................. 8 D-8 TRAFFIC CONTROL ........................................................................................................... 9 D-9 DETOURS ...................................................................................... : .................................. 10 D-10 EXAMINATION OF SITE ............................................................................................... 10 D-11 ZONING COMPLIANCE. ................................................................................................ 10 0-12 WATER FOR CONSTRUCTION .................................................................................... 10 D-13 WASTE MATERIAL ....................................................................................................... 10 D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE ........................................................ 10 D-15 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES .............................. 11 D-16 BID QUANTITIES .......................................................................................................... 11 D-17 CUTIING OF CONCRETE ............................................................................................ 11 D-18 PROJECT DESIGNATION SIGN ................................................................................... 11 D-19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT ........................................ 12 D-20 MISCELLANEOUS PLACEMENT OF MATERIAL. ......................................................... 12 D-21 CRUSHED LIMESTONE BACKFILL .............................................................................. 12 D-22 2:27 CONCRETE ........................................................................................................... 13 D-23 TRENCH EXCAVATION , BACKFILL, AND COMPACTION ........................................... 13 D-24 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS .............. 14 D-25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) .................. 15 0-26 SANITARY SEWER MANHOLES .................................................................................. 16 D-27 SANITARY SEWER SERVICES ... : ................................................................................ 19 0-28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES .................. 20 D-29 DETECTABLE WARNING TAPES ................................................................................. 23 D-30 PIPE CLEANING ............................................................................................................ 23 D-31 DISPOSAL OF SPOIUFILL MATERIAL ......................................................................... 23 D-32 MECHANICS AND MATERIALMEN'S LIEN ................................................................... 23 D-33 SUBSTITUTIONS .......................................................................................................... 23 D-34 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER. .............. 24 D-35 VACUUM TESTING OF SANITARY SEWER MANHOLES ............................................ 27 D-36 BYPASS PUMPING ....................................................................................................... 28 D-37 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............ 28 D-38 SAMPLES AND QUALITY CONTROL TESTING ........................................................... 30 D-39 TEMPORARY EROSION , SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................................................................. 31 0-40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES .......................... 32 D-41 PROTECTION OF TREES, PLANTS AND SOIL ........................................................... 32 D-42 SITE RESTORATION ............................. : ...................................................................... 32 D-43 CITY OF FORT WORTH STANDARD PRODUCT LIST ................................................ 33 D-44 TOPSOIL , SODDING, SEEDING & HYDROMULCHING ............................................... 33 D-45 CONFINED SPACE ENTRY PROGRAM ....................................................................... 38 D-46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION .............................. 39 D-47 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ........................ 39 D-48 CONCRETE ENCASEMENT OF SEWER PIPE ........................................................... .40 D-49 CLAY DAM ..................................................................................................................... 40 02/09/2010 SC-1 PART D -SPECIAL CONDITIONS - D-50 EXPLORATORY EXCAVATION (D-HOLE) ................................................................... .40 0 -51 INSTALLATION OF WATER FACILITIES ...................................................................... 40 51 .1 Polyv inyl Chloride (PVC ) Water Pipe .......................................................................... .40 51 .2 Blocking ....................................................................................................................... 41 51 . 3 Type of Casing Pipe ..................................................................................................... 41 51 .4 T ie-lns .......................................................................................................................... 41 51 .5 Connection of Existing Ma ins ............ : .......................................................................... 41 51 .6 Va lve Cut-Ins ............................................................................................................... 42 51.7 Water Serv ices ............................................................................................................ 42 5 1.8 2-lnch Temporary Service Line ................................................................................... .44 51.9 Pu rging and Sterilization of Water Lines ...................................................................... 45 51 .1 O Work Near Pressure Plane Boundaries ...................................................................... .45 51 .11 Water Sample Station .................................................................................................. 46 51.12 Ductile Iron and Gray Iron Fittings ................................................................................ 46 D-52 SPRINKLING FOR DUST CONTROL ........................................................................... .47 D-53 DEWATERING .............................................................................................................. 47 D-54 TRENCH EXCAVATION ON DEEP TRENCHES ........................................................... 47 D-55 TREE PRUNING ............................................................................................................ 47 D-56 TREE REMOVAL ........................................................................................................... 48 D-57 TEST HOLES ................................................................................................................. 48 D-58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION ......................................................................................................................... 49 D-59 TRAFFIC BUTTONS ...................................................................................................... 49 D-60 SANITARY SEWER SERVICE CLEANOUTS ................................................................ 50 D-61 TEMPORARY PAVEMENT REPAIR .............................................................................. 50 D-62 CONSTRUCTION STAKES ........................................................................................... 50 D-63 EASEMENTS AND PERMITS ........................................................................................ 50 D-64 PRE -CONSTRUCTION NEIGHBORHOOD MEETING .................................................. 51 D-65 WAGERATES .............................................................................................................. 51 D-66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ...................................... 53 D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) ............................................................................................................................. 53 D-68 COORDINATION WITH THE CITY 'S REPRESENTATIVE FOR OPERATIONS OF EXIS T ING WATER SYSTEMS ...................................................................................................... 55 D-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ................................................... 56 D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION ....................................................... 56 D-71 AIR POLLUTION WATCH DAYS ....................................................................................... 57 D-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ............................................ 57 02/09/2010 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 o.f the Contract. Anything conta ined 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: WATER REPLACEMENT IN SUNSET CIRCLE AND TIMBERLAND DRIVE FORT WORTH, TEXAS CITY PROJECT NO. 01375 T/PW D.O.E. NO. 6259 WATER DEPARTMENT PROJECTS NO. P253-541200-602170137583 D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally , but not necessarily , follow the guidelines listed below: 1. Plans 2. Contract Documents 3. Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated above. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship , or both , for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes . Subject to modifications as herein contained , the Fort Worth Water Department 's General Contract Documents and General Specifications , with latest revisions , are made a part of the General Contract Documents for this project. The Plans , these Special Contract Documents and the rules , regulations , requirements, instructions, drawings or details referred to by manufacturers name , or identification include therein as specifying, referring or implying product control , performance , quality , or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative ; therefore , work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all . Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications , which general specifications shall govern performance of all such work . 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 02/09/2 010 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 Pu rchasing 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 liiiiii Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division , PO Box 17027, Fort Worth , Texas 76102. 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 opt ion of the Owner , be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS : Any bidder may modify his proposal by telegraph ic 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. 0210912010 SC-4 - - PART D -SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes , weekly meetings at the job site may be required to maintain the project on the desired schedule . The contractor shall be present at all meetings . D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the commission , or a coverage agreement (TWCC-81 , TWCC-82 , TWCC-83 , or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2 . Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person 's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees . This includes , without limitation, independent contractors , subcontractors , leasing companies, motor carriers , owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include , without limitation , providing , hauling, or delivering equipment or materials , or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors , office supply deliveries, and delivery of portable toilets . B. The .Contractor shall provide coverage , based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) or all employees of the Contractor 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 02/09/2010 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 e ntity 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 othe r person beginning work on the project ; and b.) A new certificate of coverage showing extension of coverage , prior to the end of the coverage pe.riod, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5 . Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery , within ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project ; and 02/09/2010 SC-6 - - - - - PART 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. Th is 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". 0-4 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 . 0-5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel , the sanitary sewer or sanitary sewer service line shall be made watertight or be 02/09/2010 SC-7 PART D -SPECIAL CONDITIONS constructed of ductile iron pipe. The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping . The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping . Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps . Backfill, fittings , tie-ins and all other associated appurtenances required are deemed subsidiary work , the cost of which shall be included in the price bid in the Proposal for each bid item . D-6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures . However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans , or to show them in their exact location . It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities , service lines , or other property exposed by his construction operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support , protection and/or temporary relocation of all utility poles , gas lines , telephone cables, utility services , water mains , sanitary sewer lines , electrical cables , drainage pipes , and all other utilities and structures both above and below ground during construction . It is understood that the Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed construction . The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed . NO ADDITIONAL COMPENSATION WILL BE ALLOWED . Where existing utilities or service lines are cut , broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction , or better, unless otherwise shown or noted on the plans , at his own cost and expense . The Contractor shall immediately notify the Owner of the damaged utility or service line . He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent , location, and depth ; they are shown on the plans as the best information available at the time of design , from the owners of the utilities involved and from evidences found on the ground . D-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions . It will be the responsibility of the Contractor to protect both the new 02/09/2010 SC-8 - - ..... - - PART D -SPECIAL CONDITIONS line and the existing lines from these possibly excessive loads . The Contractor shall not , at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense , to the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed . It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines , if the damage results from any phase of his construction operation. D-8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work . As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways " issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways ," codified as Article 6701d Vernon 's Civil Statutes , pertinent sections being Section Nos . 27 , 29 , 30 and 31. Unless otherwise included as part of the Construction documents , the Contractor shall submit a traffic control plan (duly sealed , signed and dated by a Registered Professional Engineer (P .E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference . The P. E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals "· on the City 's Buzzsaw website . Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed ' issued the Contractor . The Contractor will not remove any regulatory sign , instructional sign,.:street name sign or other sign , which has been erected by the City . If it is determined that a sign must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works Department , Signs and Markings Division, (Phone Number 817-392-7738) to remove the sign. In the case of regulatory signs , the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign . If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled , the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas ." The lump sum pay item for traffic control shall cover design and / or installation , and maintenance of the traffic control plan . 02/09/2010 SC-9 PART D -SPECIAL CONDITIONS 0-9 DETOURS The contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. 0-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as m::iy be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties , procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the - submission of the Proposal. 0-11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . 0-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. 0-13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. 0-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary , clean-up shall be done on a daily basis. Clean up work shall include , but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment ( and all subsequent payments until completed) of the appropriate bid item( s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway , right- 02/09/2010 SC-10 PART D -SPECIAL CONDITIONS of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative . This cleanup shall include removal of all objectionable rocks , pieces of asphalt or concrete and other construction materials , and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth shall give final acceptance of the completed project work . D-15 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches , painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks , power shovels , drilling rigs , pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows : "WARNING -UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers , and insulator links on the lift hook connections . 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCOR) who will erect temporary mechanical barriers, de- energize the lines , or raise or lower the lines . The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCOR, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the ONCOR company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-16 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased . Contractor shall not be entitled to renegotiat ion 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 quantities. D-17 CUTTING OF CONCRETE When existing concrete is cut , such cuts shall be made with a concrete saw . All sawing shall be subsidiary to the unit cost of the respective item . D-18 PROJECT DESIGNATION SIGN 02/09/2010 SC-11 PART D -SPECIAL CONDITIONS Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts . The Engineer shall approve the exact locations and methods of mounting . In addition to the 4' x 8' project signs , project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades . Barricade signs shall be in accordance with Figure 30, except that they shall be 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-19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways , such sidewalks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction , Item 504. At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geomet ry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction , Item 502. Payment for cutting , backfill, concrete, forming materials and all other associated appurtenances required , shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair . D-20 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions . Payment for miscellaneous placement of material will be made for only that amount of material used , measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D-21 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208 .2 -Materials and Division 2 Item 208.3 -Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill , Construction Specifications , General Contract Documents . 02/09/2010 SC-12 PART D -SPECIAL CONDITIONS Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2 .16 Measurement of Backfill Materials, Construction Specifications , and General Contract Documents . 0-22 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures STR-028 ,STR-029 and STR-031 refer to using 2:27 Concrete as base repair . Since this call-out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete . 0-23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots , driveways , gravel surfaced roads , within easements , and within existing or future R.O.W . shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein . 1. TRENCH EXCAVATION : In accordance with Section E2-2 Excavation and Backfill , if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded , the Contractor will be required to support the pipe with an improved trench bottom . The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights-of-way , permanent easements , and any temporary construct ion easements . All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL.: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes . If excavated material is obviously granular in nature, containing little or no plastic material , the Engineer may waive the test ·report requirement. See E1-2 .3 , Type "C" or "D" Backfill , and E2-2 .11 Trench Backfill for additional requirements . When Type "C" back-fill material is not suitable , Type "B" backfill material shall be used only with the consent and approval of the Engineer. In general , all backfill material for trenches in existing paved streets shall be in accordance with Figure WTR-029 . Sand material specified in WTR-029 shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces , lumps of clay , soil , loam or vegetable matter and shall meet the following gradation: 02109/2010 SC-13 PART D -SPECIAL CONDITIONS • Less than 10% passing the #200 sieve • P.l.=10orless Additionally , the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size 1 JI 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. 0698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The City , at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City . These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4 . MEASUREMENT AND PAYMENT: All material , with the exception of Type "B" backfill , and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe . D-24 TRENCH PAVEMENT (PERMANENT} REPAIR (E2-19} FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition , thickness , etc., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts , Figures STR-028 through STR-031. The results of the street cores that were conducted on the project streets , to determine HMAC depths on existing streets , are provided in these specifications and contract documents . 02/09/2010 SC-14 PART D -SPECIAL CONDITIONS All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls . The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details , compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days , providing job placement conditions will permit repaving . If paving conditions are not suitable for repaving , in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Construction Services Section by the Contractor in conformance with Ordinance No . 3449 and/or Ordinance No . 792 to make utility cuts in the street. The Construction Services section will inspect the paving repair after construction. This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Construction Services section . 0-25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins. The requirements of t~is 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. 8. 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 wh ich the depth is greater than the width , where the width measured at the bottom is not greater than fifteen (15) feet. 2 . BENCHING SYSTEM -Benching means excavating the sides of a trench to form one or a series of horizontal level or steps , usually with vertical or near-vertical surfaces between levels. 02/09/2010 SC-15 PART D -SPECIAL CONDITIONS 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 a long 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 des igned 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 compensat ion for safety system design , · labor, tools , materials, equipment and incidentals necessary for the installation and removal of trench safety systems . D-26 SANITARY SEWER MANHOLES A. GENERAL: The installation , replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans , and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes , Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications , unless amended or superseded by requirements of this Special Condition . For new sewer line installations , the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines . The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction . 1. CONCRETE COLLARS : Concrete collars w ill be required on all manholes specified as per COFW Standard Detail SAN-009. 2. DELETED 3. LIFT HOLES : All lift holes shall be plugged with a pre-cast concrete plug . The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. FINAL RIM ELEVATIONS: Manhole rims in parkways , lawns and other improved lands shall be at an elevation not more than one ( 1) nor less than one-half ( 1 /2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole . 02/09/2010 SC-16 PART D -SPECIAL CONDITIONS Manholes in open fields , unimproved land , or dra inage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade . 5. MANHOLE COVERS : All lids shall have pick slots in lieu of pick holes . Manhole frames and covers shall be PAMREX , or approved equal , with 30-inch clear opening . Covers shall set flush with the rim of the frame and shall have no larger than 1 /8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Lock ing manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans. 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole depth is four (4) feet or less . All shallow cone manholes shall be built in accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE : MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED . 7 . MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole . 8. EXTERIOR SURFACE COATING : Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy , Koppers "Bitumastic Super Service Black " Tnemec "46- 450 Heavy Tnemecol ," or equal to, a minimum or 14 mils dry film thickness . 9 . MANHOLE JOINT SEALING : All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department , excluding only the joints using a trapped type performed 0-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent-Seal , Ram-Nek , E-Z Stick , or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation , evaporation , or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking , hardening , or oxidizing regardless of the length of time it is exposed to the elements . The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. 8 . 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 (ins ide and outside) of Bitumastic joint sealer. 02/09/2010 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 keep ing the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings . Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced . Grade rings that are constructed of brick , block materials other than pre-cast concrete rings , or where necessary and approved by the Engineer, shall be replaced with a pre-cast flattop section . Pre-cast concrete rings , or a pre-cast concrete flattop section will be the only adjustments allowed. In brick or block manholes , replace the upper portion of the manhole to a point 24 inches below the frame . If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame . Existing brickwork , if damaged by the Contractor, shall be replaced at the Contractor's expense. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames , a flat top section shall be installed. Joint surfaces between the frames , adjustment rings , and cone section shall be free of dirt , stones , debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint , or use trowelable material in lieu of pre- formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole . No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. In paved areas or future paved areas , castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface . The top of the casting shall be 1/8 inch below the finished elevation . Allowances for the compression of the joint material shall be made to assure a proper final grade elevation . 3 . EXPOSED EXTERIOR SURFACES : All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy . Kopper "Bitumastic Super Service Black"; Tnemec "46- 450 Heavy Tnemecol", or equal , to a minimum of 14 mils dry film thickness. 4 . The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling . C. MEASUREMENT AND PAYMENT : The price bid for new manhole installations shall include all labor, equipment , and materials necessary for construction of the manhole including , but not limited to , joint sealing, lift hole sealing and exterior surface coating . Payment shall not include pavement replacement , which if required , shall be paid separately. 02/09/2010 SC-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-27 SANITARY SEWER SERVICES Any reconnection , relocation , re-routes, replacement , or new sanitary sewer service shall be required as shown on the plans , and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees . City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required . Severed service connections shall be maintained as specified in section C6-6 .15. D. SEWER SERVICE RECONNECTION : When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap . The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees . The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications , all sanitary sewer service lines shall be replaced to the property or easement line , or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill , saddles, tees , fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps . E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line . If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing , whether on public or private property , the City shall provide line and grade for the sewer service lines as shown on the project plans. Prior to installing the applicable sewer main or lateral and the necessary serv ice lines , the Contractor shall verify (by de-holing at the building clean-out) the elevations 02/09/2010 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 Enginee r) 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 AS.TM . 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 Eng ineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be provided to the Engineer upon completion of the sanitary sewer re-route. Payment for work and materials such as backfill , removal of existing clean-outs , plugging the abandoned sewer service line , double checking the grade of the installed service line , pipe fittings, surface restoration on private property (to match existing), and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer serv ice line replacement on private property or public right of way. Payment for all work and material involving the "tap " shall be included in the price bid for sanitary sewer service taps. D-28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans , and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1 .5 Salvaging of Material and E2-2. 7 Removing Pipe , of the General Contract Documents and Specifications , unless amended or superseded by requirements of this Special Condition. 02/09/2010 SC-20 - PART D -SPECIAL CONDITIONS A. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. B. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The concrete vault shall be demolished in place to a point not less than 18 inches below final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . C. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. D. SALVAGE OF EXISTING GATE VALVE : Existing gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . If the valve is in a concrete vault, the vault shall be demolished in place to a point no less than 18" below final grade . E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 inches below final grade. Concrete shall then be used as backfill material to match existing grade . F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade . G. ABANDONMENT OF MANHOLES : Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete. Manhole top or cone section shall be removed to the top of the full barrel diameter section , or to point not less than 18 inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding service surface. Payment for work involved in backfilling, plugging of pipe(s) and all other appurtenances required, shall be included in the appropriate bid item -Abandon Existing Sewer Manhole . 02/0912010 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 B Backfill , as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. I. CUTTING AND PLUGGING EXISTING MAINS: At various locations on this project , it may be required to cut , plug, and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines . Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe , unless separate trenching is required. J. REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe . All removed valves, fire hydrants and meter boxes shall be delivered to Water Department Field Operation, Storage Yard . C. PAYMENT: Payment for all work and material involved in salvaging , abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe , except as follows : separate payment will be made for removal of all fire hydrants, gate valves, 16 inch and larger, and sanitary sewer manholes, regardless of location . Payment will be made for salvaging, abandoning and/or removing all other existing facilities when said facility is not being replaced in the same trench (i.e ., when removal requires a separate trench). L. ABANDONMENT OF EXISTING SEWER LINES : Where plans call for abandonment of existing sewer mains after the construction of a new sewer main , the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a final determination that all existing service connections have been relocated to . the new main . Once this determination has been made , the existing' main will be abandoned as indicated above in Item I. 02/09/2010 SC-22 PART D -SPECIAL CONDITIONS D-29 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water and sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems , Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids , chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall not be less than two inches with a minimum unit weight of 2Yz 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-30 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors . Each joint shall be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. D-31 DISPOSAL OF SPOIL/FILL MATERIAL Prior to the disposing of any spoil/fill material, the Contractor shall advise the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies·. No fill permit is required if disposal sites are not in a floodplain . Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary Engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, Contractor shall remove the spoil/fill material at his expense and dispose of such materials in accordance with the Ordinances of the City and this section . D-32 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. D-33 SUBSTITUTIONS 02/09/2010 SC-23 PART D -SPECIAL CONDITIONS The specifications for materials set out the minimum standard of qual ity , which the City believes necessary to procure a satisfactory . project. No substitutions will be permitted until the Contractor has rece ived written permission of the Engineer to make a substitution for the material, wh ich 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 establish ing a standard of quality acceptable to the City. If a product of any other name is proposed for use , the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute . Where the term "or equal ", or "or approved equal " is not used in the specifications , this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose . However , the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact , equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "substitutions " shall be applicable to all sections of these specifications . D-34 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned , removed (except where being replaced in the same location), or rehabilitated (pipe enlargement , cured-in-place pipe , fold and form pipe , slip-line, etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps , other sewer laterals and their location. Work shall consist of furnishing all labor, material , and equipment necessary for the cleaning and inspection of t he sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation . The equipment shall also have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned . Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream . The equipment shall carry its own water tank , auxiliary engines , pumps, and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. Ttie movable dam shall be equal in diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment , which cannot be collapsed, is used , special precautions to prevent flooding of the sewers and public or private property shall be taken . The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. 2. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high- velocity jet equipment. The equipment shall be capable of removing dirt, grease , rocks , sand , and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from one manhole , the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists , and the cleaning effort shall be abandoned . 02/09/2010 SC-24 PART D -SPECIAL CONDITIONS When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures , the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System , the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup , including the water usage bill. All expenses shall be considered incidental to cleaning . 3. DEBRIS REMOVAL AND DISPOSAL: All sludge , dirt , sand, rock , grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages , accumulations of sand in wet wells , or damage pumping equipment, shall not be permitted . 4. All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City . 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES , CATCH BASINS , STORM DRAINS OR SANITARY SEWER MANHOLES. 6. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection . Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions . The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory , equipment shall be removed and no payment will be made for an unsatisfactory inspection . 8 . EXECUTION : 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps . In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches , power winches, TV cable , and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line . When manually operated winches are used to pull the television camera through the line , telephones or other su itable 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 02/09/2010 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 san itary 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-CONST RUCTION 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 02/09/2010 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 (hyd raulic 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 res idents . All bypass pumping shall be incidental to the project. 0-35 VACUUM TESTING OF SANITARY SEWER MANHOLES A. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes . B. EXECUTION : 1. TEST PROCEDURE : Manholes shall be vacuum tested prior to any interior grouting with all connections in place. Lift holes shall be plugged , and all drop-connections and gas sealing connections shall be installed prior to testing . The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole . The plugs shall be installed in the lines beyond the drop-connections , gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations . A vacuum of ten inches of -mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed , the level of vacuum shall be read after the required test time. The required test time shall be determined from the Table I below in accordance with ASTM C 1244-93: 02/09/2010 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 cons idered 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 digg ing 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 Eng ineer. C. PAYMENT : Payment for vacuum testing of sanitary sewer manholes shall be pa id 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 comple te the test as specified herein . D-36 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system. Under no circumstances will the Contractor be permitted to discharge sewage into the trenches. Payment shall be incidental to rehabilitation or replacement of the sewer line. D-37 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction , ALL sections of sanitary sewer lines shall have a telev ision 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 telev ision 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 02109/2010 SC-28 PART D -SPECIAL CONDlTIONS satisfaction of the Engineer; and if unsatisfactory , equipment shall be removed and no payment will be made for an unsatisfactory inspection . C. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate , stopping when necessary to permit proper documentation of any sewer service taps .. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches , power winches , TV cable , and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through_ the sewer line . No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device . Marking on the cable , or the like , which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape , or other suitable device , and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera , under all circumstances , when it becomes lodged during inspection , shall be incidental ~o Television inspection. Sanitary sewer mains must be laced with enough water to fill all low pints . The television inspection must be done immediately following the lacing of the main with no water flow . If sewer is active, flow must be restricted to provide a clear image of sewer being inspected . 2. DOCUMENTATION : Television Inspection Logs : Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans. A copy of these television logs will be supplied to the City. 3. PHOTOGRAPHS: Instant developing , 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 4. VIDEOTAPE RECORDINGS : The purpose of tape record ing 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 02/09/2 010 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 fo r 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 quant ity of TV inspection shall be measured as the total length of new pipe installed . All costs associated with this work shall be included in the appropriate bid item -Post-Construction Television Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable , regular sewer service to the area residents . All bypass pumping shall be incidental to the project. D-38 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish, at its own expense , cert ifications 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 gradat ion 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 plac ing 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 th is 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 invo lved is deemed to be included in the unit price for the item being tested. 02/09/2010 SC-30 PART D -SPECIAL CONDITIONS E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site . The ticket shall specify the name of the pit supplying the fill material. 0-39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION : This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations . The temporary measures shall include dikes , dams, berms , sediment basins , fiber mats, jute netting , temporary seeding , straw mulch , asphalt mulch , plastic liners, rubble liners , baled-hay retards , dikes , slope drains and other devices. B. CONSTRUCTION REQUIREMENTS : The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right- of-way, clearing and grubbing , the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams , other water courses , lakes , ponds or other areas of water impoundment. Such work may involve the construction of temporary berms , dikes , dams, sediment basins , slope drains and use of temporary mulches , mats , seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion . Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features , but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing , excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading , mulching , seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule . Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. 2 . Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . 3. Frequent fordings of live streams will not be permitted; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams . 4 . When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream . Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream . 5 . All waterways shall be cleared as soon as practicable of false work, piling , debris or other obstructions placed during construction operations that are not a part of the finished work. 02/09/2010 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-40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays . The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction . Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D-41 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors ' operations including lawns , yards , shrubs , trees , etc ., shall be preserved or restored after completion of the work , to a condition equal to or better than prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense . Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners ' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. By ordinance , the Contractor must obtain a permit from the City Forester before any work (trimming , removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-of-Ways and designated alleys . This permit can be obtained by calling the Forestry Office at 817-392-5738 . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City . To prevent the spread of the Oak Wilt fungus , all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D-42 SITE RESTORATION 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. 02/09/2010 SC-32 PART D -SPECIAL CONDITIONS 0-43 CITY OF FORT WORTH STANDARD PRODUCT LIST Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List , for the bid to be considered respons ive. 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. 0-44 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community Services Department Specifications for Topsoil , Sodding and Seeding . 1. TOPSOIL DESCRIPTION: This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material , in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS : Topsoil will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source . Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations , topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways. 2. SODDING DESCRIPTION: Sodding will consist of furnishing and planting Bermuda , Buffalo or St. Augustine grass in the areas between. the curbs and walks , on terraces , in median strips, on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for sodding are Prairie and 609 . MA TE RIALS : Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy , virile root system of dense , thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy , virile root system of dense , thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or wMich 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 02109/2010 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 in place. When necessary, the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun. Any excess dirt from planting operations shall be spread uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance . The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth. 3. SEEDING DESCRIPTION : "Seeding" will consist of preparing ground , providing and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications. MATERIALS : 02/09/2010 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 . 02/09/2010 . 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 a rea 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 applicat ion for both is obtained. After planting , the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch . The planted surface area and giving a smooth surface without ruts or tracks. In between the time compacting is completed and the asphalt is applied , the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. The application of asphalt shall follow the last watering as rapidly as possible . Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts , Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings , or if Drawings are not included , then MS-2 shall be used. Applications of the asphalt shall be at a rate of three-tenths (0 .3) gallons per square yard . It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth . 02/0912010 SC-36 - - PART D -SPECIAL CONDITIONS RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES : Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120 .2(2)a. The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and ach ieve adequate soil penetration . ' * Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4 . HYDROMULCH SEEDING : If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5 . CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS : FERTILIZER DESCRIPTION : "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications . MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis of 16-20- 0 or 16-5-8 or hav ing 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 . 02/09/2010 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-45 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM" which must meet OSHA requirements for all its employees and subcontractors at all times during construction . All active sewer manholes , regardless of depth, are defined by OSHA, as "permit required confined spaces ". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM " for all applicable manholes and maintain an active file for these manholes. The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces . 02/09/2010 SC-38 - PART D -SPECIAL CONDITIONS D-46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7 . Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete . 8. The inspector along with appropriate City staff and the City 's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 9 . The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected . 10. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price . Contractor shall still be required to address all other deficiencies , which are discovered at the time of final inspection . 11. Final inspection shall be in conformance with general condition item "C5-5.18 Final Inspection " of PART C -GENERAL CONDITIONS . D-47 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) 1. The Contractor shall be responsible for taking measures to minimize damage to tree limbs , tree trunks , and tree roots at each work site . All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 2. Any and all trees located within the equipment operating area at each work site shall , at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line or edge of the tree root system between tree and the construction area. 3. Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations . The Engineer shall be notified at least 24 hours prior to any tree trimming work . No trimming work will be permitted within private property without written permission of the Owner. 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 . 02/09/2010 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 tlmes the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted . D-48 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diameter indicated . The Contract Unit Price shall include all costs associated with installation and · reinforcement of the concrete encasement. D-49 CLAY DAM Clay dam construction shall be performed in accordance with the Wastewater Clay Dam Construction, figure in the Drawings in these Specifications , at locations indicated on the Drawings or as directed by the City . Clay dams shall be keyed into undisturbed soil to make an impervious barrier to reduce groundwater percolation through the pipeline trench . Construction material shall consist of compacted bentonite clay or 2:27 concrete . Payment for work such as forming , placing and finishing shall be subsidiary to the price bid for pipe installation. D-50 EXPLORATORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction , in accordance with item D-6 . At locations identified on the drawings , contractor shall conduct an exploratory excavation (D -Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. The exploratory excavation shall be conducted prior to construction of the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility , the contractor shall contact the engineer immediately for appropriate design modifications . The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D-Hole). Payment shall not be made for verification of existing utilities per item D-6 . Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials, excavation , surface restoration, field surveys , and all incidentals necessary to complete the work , shall be the unit price bid . No payment shall be made for exploratory excavation(s) conducted after construction has begun. D-51 INSTALLATION OF WATER FACILITIES 51.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backfill , bedding , blocking , detectable tapes and all other associated appurtenant required , shall be included in the linear foot price bid of the appropriate BID ITEM(S). 02/09/2010 SC-40 PART D -SPECIAL CONDITIONS 51.2 Blocking Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents. All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. 51.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled sect ion 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 materia l standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents . 3 . PAYMENT: Payment for all materials , labor, equipment , excavation , concrete grout, backfill , and incidental work shall be included in the unit price bid per foot. 51.4 Tie-Ins The Contractor shall be responsible for making tie-ins to the existing water mains . It shall be the responsibility of the Contractor to verify the exact location and elevation of the existing line tie-ins . And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction . The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe . 51.5 Connection of Existing Mains The Contractor shall determine the exact location , elevation , configuration and angulation of existing water or sanitary sewer lines prior to manufactu ring of the connecting piece. Any differences in locations , elevation , configuration , and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction . Where it is required to shut down existing mains in order to make proposed connections , such down time shall be coordinated with the 0210912010 SC-41 PART D -SPECIAL CONDITIONS Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main , the Contractor shall notify the City Project Manager, Construction Services , Phone 817-392-8306 , at least 48-hours prior to the required shut down time . The Contractor's attention is directed to Paragraph C5-5 .15 INTERRUPTION OF SERVICE , Page C5-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location , time , and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 51.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected . This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve; the work must be expedited to the utmost and all such cut -ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service . Payment for work such as backfill , bedding , fittings , blocking and all other associated appurtenants required , shall be included in the price of the appropriate bid items . 51. 7 Water Services The relocation , replacement , or reconnection of water services will be required as shown - on the plans , and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops , type K copper water tubing, curb stops with lock wings , meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E1 -17 & E 1-18) 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 sadd le when required , and 1-inch corporation from the main line to the meter box . All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5 .15 INTERRUPTION OF SERVICE . 02/09/2010 SC-42 ,. PART D -SPECIAL CONDlTIONS 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 reloca t ion 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 beh ind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle (if required), corporation stops , and fittings shall be included in the price bid for Service Taps to Main . 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 2. WATER SERVICE METER AND METER BOX RELOCATIONS : When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches , as measured from the center line of the existing meter to location to the center line of the proposed meter location , separate payment will be allowed for the relocation of service meter and meter box . Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately . Relocations made along the centerline will be paid of in feet of copper service line . When relocation of service meter and meter box is required, payment for all work and materials such as backfill , fittings, five (5) feet of type K copper service and all materials , labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation . All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time . Locations with multiple service branches will be paid for as one service meter and meter box relocation . 02/09/2010 SC-43 PART D -SPECIAL CONDITIONS 4 . NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop , type K copper service line , curb stop with lock wings , and meter box. Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section E 1-1 BA -Reinforced Plastic Water Meter Boxes . Payment for all work and materials such as backfill , fittings , type K copper tubing , and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle , corporation stops , and fittings shall be included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 1. MULTIPLE SERVICE BRANCHES : When multiple service branches are required the contractor shall furnish approved factory manufactured branches . Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 2. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 51.8 2-lnch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work . The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service . A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply . The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation . The out-of-service meters shall be removed , tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service , the Contractor shall re-install the meters at the correct location . The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. 02/09/2010 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. 51.9 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein . The City will provide all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project , including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples , taken 24 hours apart , have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. 51.1 O Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary . Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 02/09/2010 SC-45 PART D -SPECIAL CONDITIONS 51.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge ; however, the Contractor will be required to pick up this item at the Field Operations Warehouse . PAYMENT FOR FIGURE 34 INSTALLATIONS : Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to M~ter . 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 sampl ing station , concrete support block , curb stop , fittings , and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stat ions. PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the installation tap saddle , gate valve, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station, modification to the vault , fittings, and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . 51.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2 -7 Installing Cast Iron Pipe , fittings , and Specials, Sub section E2-7 .11 Cast Iron Fittings : E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS : All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E 1-7. The price bid per ton of fittings shall be payment in full for all fittings , joint accessories , polyethylene wrapping , horizontal concrete blocking , vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed . All ductile-iron and gray-iron fittings , valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13 . Wrapping shall precede horizontal concrete blocking , vertical tie-down concrete blocking , and concrete cradle . Payment for the polyethylene wrapping, horizontal concrete blocking , vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed . 02/0912010 SC-46 PART D -SPECtAL CONDITIONS D-52 SPRINKLING FOR DUST CONTROL All appl icable provisions of Standard Specifications Item 200 , "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this contract. D-53 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations . The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers . Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price . D-54 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction . Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation. No extra payment shall be allowed for this special condition . D-55 TREE PRUNING A. REFERENCES: National Arborist Association 's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE 3. Steel 'T' = Bar stakes , 6 feet long. 4. Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging : "Tundra" weight, International fluorescent orange or red color. 6 . Combination Fence : Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings . D. ROOT PRUNING 7 . Survey and stake location of root pruning trenches as shown on drawings. 8. Using the approved specified equipment, make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone . 02109/2010 SC-47 PART D -SPECIAL CONDITIONS 9. Backfill and compact the trench immed iately after trenching . 10. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 11 . Within 24 hours, prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 12 . Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods , equipment and protection . E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price. D-56 TREE REMOVAL Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping . Extra caution shall be taken to not disrupt existing utilities both overhead and buried . The Contractor shall immediately repair or replace any damage to utilities and private property including , but not limited to, water and sewer services, pavement , fences , walls , sprinkler system piping , etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed. D-57 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils , including the amount of rock , if any , through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition . Whether prospective bidders perform this subsurface exploration jointly or independently , and whether they make such determination by the use of test holes or other means , shall be left to the discretion of such prospective bidders . 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 ma intaining the required excavation and of doing other work affected by the geology of the site. The cost of all rock removal and other associated appurtenances , if required , shall be included in the linear foot bid price of the pipe . 02/09/2010 SC-48 PART D -SPECIAL CONDITIONS D-58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project , the contractor shall , on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area . The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, City Project No (CPN)., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre-construction notification' flyer is attached . The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block . In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction , the contractor shall prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows: The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption. The flyer shall be prepared on the contractor's letterhead and shall include the following information : Name of the project , City Project Number, the date of the interruption of service, the period the interruption will take place, the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number. A sample of the temporary water service interruption notification is attached. A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses . Electronic versions of the sample flyers can be obtained from the Project Construction Inspector .. All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. D-59 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be considered a subsidiary item. In the event that the contractor prefers for the Signals, Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings, the contractor shall contact SSMD at (817) 392-8770 and shall reimburse SSMD for all costs incurred , both labor and material. No additional compensation shall be made to the contractor for this reimbursement. 02109/2010 SC-49 PART D -SPECIAL CONDITIONS 0-60 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets , sidewalks, etc. whenever possible. When it is not possible , the cleanout stack and cap shall be cast iron . Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts . 0-61 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base. The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item. The contractor shall be responsible for .maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. 0-62 CONSTRUCTION STAKES The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional practice, establishing line and grades for roadway and utility construction , and centerlines and benchmarks for bridgework . These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc.), and one set of excavation/or stabilization stakes , and one set of stakes for curb and gutter/or paving . It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If the City or its agent determines that a sufficient number of stakes or markings provided by the City, have been lost , destroyed, or disturbed, to prevent the proper prosecution and control of the work contracted for in the Contract Documents , it shall be the Contractor's responsibility , at the Contractor's sole expense, to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 0-63 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction, right-of-entry agreements , and/or permits to perform work on private property . The City has attempted to obtain the temporary construction and/or right-of-entry agreements for properties where construction activity is necessary on City owned facilities , such as sewer lines or 02/09/2010 SC-50 PART D -SPECIAL CONDITIONS manholes . For locations where the City was unable to obtain the easement or right-of-entry , it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for review by contacting the consultant who distributes the plans for the project. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph C6-6 .10 of the General Contract Documents. The Contractor's attention is directed to the agreement terms along w ith any special conditions that may have been imposed on these agreements , by the property owners . The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required . No additional payment will be allowed for this item. The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for thoroughly reviewing , understanding and complying with all provisions of such permits , including obtaining the requisite insurance , and shall pay any and all costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way. For railroad permits , any and all railroad insurance costs and any other incidental costs necessary to meet the conditions assoc iated 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-64 PRE-CONSTRUCTION NEIGHBORHOOD MEETING After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date , and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. D-65 WAGE RATES Compliance with and Enforcement of Prevailing Wage Laws 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. 02/0912010 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 s~all notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation . Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258 .023 , Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained . The contractor and each subcontractor shall , for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract ; and (ii) the actual per diem wages paid to each worker . The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate or payroll period , whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code. Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . (Wage rates are attached at the end of this section .) (Attached) 02/09/2010 SC-52 - PART D -SPECIAL CONDITIONS D-66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61 , Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP. Nothing in this specification shall be construed to void any provision of a contract or other law, ordinance , regulation or policy whose requirements are more stringent. 8 . 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 ; wh ich are the responsibility of the Excavator. (Copy of forms attached) F . The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents . D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an "operator'' by state regulations and is required to obtain a permit. Information concerning the 02/09/2010 SC-53 PART D -SPECIAL CONDITIONS permit can be obtained through the Internet at http://www.tnrcc .state.tx .us/permitting/water perm/wwperm/construct. html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs . The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi): If the project will result in a total land disturbance equal to or greater than 5 acres, the contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site . The NOi shall be submitted to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the required $100 application fee. The NOi shall be mailed to : Texas Commission on Environmental Quality Storm Water & General Permits Team ; MC-228 P.O. Box 13087 Austin, TX 78711-3087 A copy of the NOi shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway · Fort Worth, TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site . Copies of the project SWPPP's are available for viewing at the office of the Consultant disbursing the plans for the project. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality . 02/09/2010 SC-54 PART D -SPECIAL CONDITIONS LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES : A Notice of Intent (NOi) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities . The SWPPP shall be incorporated into in the contract documents. The contractor shall submit a schedule for implementation of the SWPPP . Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOi form is not required. However, a TCEQ Site Notice form must be completed and posted at the site . A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion , sedimentation and water pollution and will be included in the contract documents . The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include , but not be limited to, silt fences, straw bale dikes , rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain , inlet protection , stabilized construction entrances , seeding , sodding , mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION : Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. D-68 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative . The Contractor may 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. 02/09/2010 SC-55 10/23108 PART DA -ADDITIONAL SPECIAL CONDITIONS b. In unconsolidated soil formations , a gel-forming colloidal drilling flu id consisting of at least 1 O percent of high grade carefully processed bentonite may be used to consolidate cuttings of the bit , seal the walls of the hole , and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. c. Allowable variation from the line and grade shall be as specified under paragraph A.2. All voids between bore and outside of casing shall be pressure grouted . 4. Installation of Carrier Pipe in Casing: a. Sanitary sewer pipe located within the encasement pipe shall be supported by "skids" or "bands" to prevent the pipe and bells from snagging on the inside of the casing , and to keep the installed line from resting on the bells. b. All skids shall be treated with a wood preservative . Skids should extend for the full length of the pipe with the exception of the bell area and spigot area necessary for assembly unless otherwise specified . c. The Contractor shall prevent over-belling the pipe while installing it through the casing . A method of restricting the movement between the assembled bell and spigot where applicable shall be provided . d. At all bored , jacked , or tunneled installations , the annular space between the carrier pipe and casing shall be filled with grout. Care must be taken that not too much water is forced into the casing so as not to float the pipe. The backfill material will not be requ ired unless specified on the plans and specified by the Engineer. e. Closure of the casing after the pipe has been installed shall be plugged at the ends of the casing as shown on the drawings or as required by the Engineer. 5. Boring and Jacking Ductile Iron Pipe without Casing Pipe: a. b. C. d. As indicated on drawings and as required and directed by the Engineer sewer shall be constructed of bore and jacked ductile iron pipe . When a casing pipe is not designated on the drawings, the contractor shall provide a casing pipe if necessary to achieve line and grade. Casing pipe shall be provided at no additional cost and shall be subsidiary to the cost bid for installation By Other than Open Cut. Bore and jack in accordance with paragraph C.3. above. 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 . ASC-6 .... - D. 6 . PART DA -ADDITIONAL SPECIAL CONDITIONS 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 1 O feet. MEASUREMENT AND PAYMENT: Installation of pipe by other than open cut will be measured by the linear foot of pipe , complete in place. Such measurement will be made between the ends of the pipe along the central axis as installed . The work performed and materials furnished as prescribed by this item will be paid for at the Contract Unit Price bid per linear foot for Pipe Installed by Other Than Open Cut of the type , size , and class of pipe specified as shown on plans. The furnishing of all materials, pipe , liner materials required for installation , for all preparation, hauling and installing of same , and for all labor, tools , equipment and incidentals necessary to complete the work, including excavation, backfilling and disposal of surplus material shall be included in the Contract Unit Price as shown in the Bid Proposal. Payment shall not include pavement replacement , which if required , shall be paid separately . DA-7 TYPE OF CASING PIPE Not Used DA-8 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR .-Not Used DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION Not Used DA-10 MANHOLE REHABILITATION Not Used DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION Not Used 10/23/08 ASC-7 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-12 INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM Not Used DA-13 INTERIOR MANHOLE COATING -QUADEX SYSTEM Not Used DA-14 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM Not Used DA-15 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM Not Used DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINER Not Used DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM Not Used DA-18 RIGID FIBERGLASS MANHOLE LINERS Not Used DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION Not Used DA-20 PRESSURE GROUTING Not Used DA-21 VACUUM TESTING OF REHABILITATED MANHOLES Not Used DA-22 FIBERGLASS MANHOLES Not Used DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES Not Used 10123/08 ASC-8 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER Not Used DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS This item shall include the removal and replacement of existing concrete driveways, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul-off of the removed material to a suitable dump site . For specifications governing this item see Item No . 104 "Removing Old Concrete", Item No. 504" Concrete Sidewalk and Driveways". Pay limits for concrete driveway are as shown in Drawing No. S-S5 of the Standard Specifications. The unit price bid per square yard shall be full compensation for all labor, material , equipment, supplies, and incidentals necessary to complete the work. DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE The contractor shall remove all existing deformed H.M.A.C . pavement and/or bad base material that shows surface deterioration and/or complete failure. The Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion . The side faces shall be cut vertically and all failed and loose material excavated. As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub-base . The total depth of excavation could range from a couple of inches to include the surface-base-some sub-base removal for which the Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with "Type D" surface mix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C . pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed . A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process . All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot-Mix Asphaltic Concrete" shall govern work. The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-27 GRADED CRUSHED STONES This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushed stones. 10123108 ASC-9 PART DA -ADDITIONAL SPECIAL CONDITIONS For specifications governing this item see Item No. 208 "F lexible Base". The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work . DA-28 WEDGE MILLING 2" TO O" DEPTH 5.0' WIDE Not Used DA-29 BUTT JOINTS -MILLED Not Used DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) Not Used DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER Not Used DA-32 NEW 7" CONCRETE VALLEY GUTTER Not Used DA-33 NEW 4" STANDARD WHEELCHAIR RAMP Not Used DA-34 8" PAVEMENT PULVERIZATION Not Used DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) Not Used DA-36 RAISED PAVEMENT MARKERS Not Used DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING Not Used DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL Not Used 10/23108 ASC-10 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-39 ROCK RIPRAP -GROUT -FILTER FABRIC Not Used -~ DA-40 CONCRETE RIPRAP Not Used - DA-41 CONCRETE CYLINDER PIPE AND FITTINGS Not Used DA-42 CONCRETE PIPE FITTINGS AND SPECIALS Not Used DA-43 UNCLASSIFIED STREET EXCAVATION Not Used DA-44 6" PERFORATED PIPE SUBDRAIN Not Used DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS This item shall include the removal and replacement of existing concrete sidewalk due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul-off of the removed material to a suitable dumpsite . For specifications governing this item see Item No . 104 "Removing Old Concrete ", and Item No. 504 "Concrete Sidewalk and Driveways ". The unit price bid per square yard shall be full compensation for all labor, material , equipment , supplies , and incidentals necessary to complete the removal and replacement work . DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION Not Used DA-47 PAVEMENT REPAIR IN PARKING AREA Not Used DA-48 EASEMENTS AND PERMITS Not Used DA-49 HIGHWAY REQUIREMENTS 10123/08 ASC-11 PART DA -ADDITIONAL SPECIAL CONDITIONS Not Used DA-50 CONCRETE ENCASEMENT Not Used DA-51 CONNECTION TO EXISTING STRUCTURES Not Used DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION Not Used DA-53 OPEN FIRE LINE INSTALLATIONS Not used DA-54 WATER SAMPLE STATION Not Used DA-55 CURB ON CONCRETE PAVEMENT Not Used DA-56 SHOP DRAWINGS Not Used DA-57 COST BREAKDOWN Not Used DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY Not Used DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP Not Used DA-60 ASPHALT DRIVEWAY REPAIR At locations where H.M.A.C. driveways are encountered, such driveways shall be completely replaced for the full extent of utility cut with H.M.A.C. equal to or better than the existing driveway. DA-61 TOP SOIL Not Used 10123108 ASC-12 -- / ) PART DA -ADDITIONAL SPECIAL CONDITIONS DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT Not Used DA-63 BID QUANTITIES Not Used DA-64 WORK IN HIGHWAY RIGHT OF WAY Not Used DA-65 CRUSHED LIMESTONE {FLEX-BASE) Crushed limestone required for use as a flexible base material shall conform to Specification Item No. 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. DA-66 OPTION TO RENEW Not Used DA-67 NON-EXCLUSIVE CONTRACT Not Used DA-68 CONCRETE VALLEY GUTTER Not Used DA-69 TRAFFIC BUTTONS Not Used DA-70 PAVEMENT STRIPING Not Used DA-71 H.M.A.C. TESTING PROCEDURES Not Used DA-72 SPECIFICATION REFERENCES When reference is made in these specifications to a particular ASTM , AWWA, ANSI or other specification , it shall be understood that the latest revision of such specification , prior to the date of these general specifications or revisions thereof, shall apply . DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX 10/23/08 ASC-13 PART DA -ADDITIONAL SPECIAL CONDITIONS Not Used DA-74 RESILIENT-SEATED GATE VALVES Any resilient-seated gate valves supplied for this contract shall conform to Material Standard E1-26 , STANDARD SPECIFICATIONS FOR RESILIENT-SEATED GATE VALVES , with the exception of size requirements in sections E-26.1. All resilient-seated gate valves shall be mechanical joints and be approved on the City of Fort Worth Standard Product List. DA-75 EMERGENCY SITUATION, JOB MOVE-IN Not Used DA-76 1 %" & 2" COPPER SERVICES Not Used DA-77 SCOPE OF WORK (UTIL. CUT) Not Used DA-78 CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT) Not Used DA-79 CONTRACT TIME (UTIL. CUT) Not Used DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) Not Used DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) Not Used DA-82 LIQUIDATED DAMAGES (UTIL. CUT) Not Used DA-83 PAVING REPAIR EDGES (UTIL. CUT) Not Used DA-84 TRENCH BACKFILL (UTIL. CUT) Not Used 10/23108 ASC-14 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-85 CLEAN-UP (UTIL. CUT) Not Used DA-86 PROPERTY ACCESS (UTIL. CUT) Not Used DA-87 SUBMISSION OF BIDS (UTIL. CUT) Not Used DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) Not Used DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT Ill (UTIL. CUT) Not Used DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) Not Used DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) Not Used DA-92 MAINTENANCE BOND (UTIL. CUT) Not Used DA-93 BRICK PAVEMENT (UTIL. CUT) Not Used DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) Not Used DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) Not Used DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) Not Used 10123/08 ASC-15 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-97 "QUICK-SET" CONCRETE (UTIL. CUT) Not Used DA-98 UTILITY ADJUSTMENT (UTIL. CUT) Not Used DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) Not Used DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) Not Used DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) Not Used DA-102 PAYMENT (UTIL. CUT) Not Used DA-103 DEHOLES (MISC. EXT.) Not Used DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT .) Not Used DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.) Not Used DA-106 BID QUANTITIES (MISC. EXT.) Not Used DA-107 LIFE OF CONTRACT (MISC. EXT.) Not Used DA-108 FLOWABLE FILL (MISC. EXT.) Not Used 10123108 ASC-16 , PART DA -ADDITIONAL SPECIAL CONDITIONS DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.) Not Used DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) Not Used DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) Not Used DA-112 MOVE IN CHARGES (MISC. REPL.) Not Used DA-113 PROJECT SIGNS (MISC. REPL.) Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance with Detail WTR-035 (dated Feb . 2009) of the General Contract Documents. The signs may be mounted on skids or on posts. The exact locations and methods of mounting shall be approved by the engineer. Any and all costs 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. DA-114 LIQUIDATED DAMAGES (MISC. REPL.) Not Used DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) Not Used DA-116 FIELD OFFICE Not Used DA-117 TRAFFIC CONTROL PLAN Not Used DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS Not Used DA-119 CATHODIC PROTECTION SYSTEM Not Used 10/23/08 ASC-17 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-120 STORM DRAINAGE CULVERTS UNDER DRIVEWAYS AND ROADWAYS Contractor shall take all precautions to protect existing storm drainage culverts under driveways and roadways that are in close prox imity to the proposed water ma ins and/or services . In certain instances, as noted on the plans , existing storm drainage culverts are in such close proximity to the proposed water mains and/or services that removal and replacement are required. In such cases , the Contractor shall remove existing storm drainage culverts . When the existing storm drainage culvert can be removed with no damage, the Contractor has the option to clean, store on site and replace the existing culvert in original location following water main installation . When the existing storm drainage culvert is damaged upon removal and/or in an existing deteriorated condition , the Contractor shall replace existing culvert with a new culvert . · The new culvert shall be a product manufactured for the purpose of storm drainage and of concrete material. The size and location of the new culvert shall be same as original existing culvert. The price bid per linear foot for "PIPE-STORM DRAIN CULVERTS-REMOVE AND REPLACE" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work . DA-121 MODULAR CONCRETE BLOCK RETAINING WALL Contractor shall take all precautions to carefully remove existing modular concrete block retaining wall at 5052 Sunset Circle North as necessary to install proposed water main. The modular concrete blocks shall be handled with extreme care to avoid chipping and/or breaking. Until installed , they shall be cleaned and neatly stacked on pallets (not to exceed 3 feet in height). If necessary, new modular concrete blocks used on this project shall match the existing in size , shape and color. Following the proposed water main replacement the modular concrete block retaining walls shall be restored . The resulting restoration shall be in the same location and in a condition equal to or better than original modular concrete block retaining wall . The price bid per lump sum for "REMOVE AND REPLACE MODULAR RETAINING WALL" as shown in the Proposal will be full payment for materials including all labor, equ ipment , tools and incidental necessary to complete the work. 10/23/08 ASC-18 HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter ~ . Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete RQbber Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator Electrician Flaii2er Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Labqrer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator . Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pipe I aver Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propelled Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Ooerator Servicer Slip Fonn Machine Operator Spr~ader Box Operator Tra~tor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mi?{er Operator Tru~k Driver, Lowboy-Float Tru:Ck Driver, Single Axle, Heavy Tru~ Driver, Single Axle, Lil?'.ht Tru~k Driver, Tandem Axle, Semi-Trailer Tru~k Driver, Transit,Mix Wru:mn Drill, Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10.06 $13.99 $12.78 $11.0 l $ 8.80 $14.15 $ 9.88 $13.22 $12.80 $12 .85 $13 .27 $12 .00 $13 .63 $12.50 $13.56 $14.50 $10.61 $14.12 $18.12 $ 8.43 $1 l.63 $11.83 $13.67 $16.30 $12.62 $ 9.18 $10.65 $16.97 $11.83 $11.58 $15.20 $14.50 $14.98 $13.17 $10.04 $1 l.04 $14.86 $16.29 $11.07 $10.92 $11.28 $11.42 $12.32 $12.33 $10.92 $12.60 $12.91 $12.03 $14.93 $11.47 $10.91 $11.75 $12.08 $14.00 $13.57 $10.09 Classification AC Mechanic AC Mechani c Helper Acoustical Ceiling Mechanic Bricklayer /Stone Mason Bri cklayer /Stone Mason Hel per Caroenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Heloer Drywall Taper Drvwatl Taoer Heloer Electrician (Journevman) Electrician Heloer Electronic Technician Elect ronic Technician Helper Floor Laver (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Heloer Laborer Common Laborer Skilled Lather Painter Painter Helper Pl pefitter Pipefitter Helper Plasterer Plasterer Heloer 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY I Hcly Ra<e I Classification $21 .69 Plumber $12.00 Plumbe r Helper $15.24 Reinforcing Steel Setter $19.12 Roofer $10.10 Roofer Helper $16.23 Sheet Metal Worker $11.91 Sheet Metal Worker Helper $13.49 Sorinkler Svstem Installer $13.12 Sprinkler Svstem Installer Helper $14.62 Steel Worker Structural $10.91 Concrete Pumo Crane, Clamsheel , Backhoe, Derrick, D'Line $13.00 Shovel $9.00 Forklift $20.20 Front End Loader $14.43 Truck Driver $19.86 Welder $12.00 Welder Helper $20.00 $13.00 $18.00 $13.00 $14.78 $11.25 $10 .27 $13 .18 $16.10 $14.83 $8.00 $18.85 $12 .83 $17.25 $12.25 I H,ly Rate $20.43 $14.90 $10.00 $14.00 $10.00 $16.96 $12.31 $18.00 $9 .00 $17.43 $20.50 $17.76 $12.63 $10.50 $14.91 $16.06 $9.75 Compliance with and Enforcement of Prevailing Wage Laws (a) 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. (b) Penalty for Violation . A contractor Of any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents . This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258 .023 . ( c) Complaints of Violations and 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 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtract~d from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texa:s General Arbitration Act (Article 224 ·et seq., Revised Statutes) if the contractor or subcontractor and any affected worl<er do not resolve the issue by agreement before the 15th day after th¢ 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 per~ons, The City is npt a party irt the arbitration. The decision and award of th.e -Ji rbitrator.is final and binding on·all parties and m c:i:y. be 1.} . :. l·-.".~;.;r~.,-.~, ~r ~ -. , ·,· . ." J,l~J-:'{f..;.,;,t~+~, ... ·f t~\;: ~-1i: • ' .... ~ ,·, :\·.. _',:.,:~-• __ ,,_.·-\)ot':~i: ~··f.,' ~ enforced in any court offeii emneterit jurisdicf1dri;.. · ' · . . · · \,d, ,.-•. ~.}!{ . c',1;';;!"',;: ,? Jillk,,, . ,, ...... }l,i~t,''''''I~ · . ..,t? -i~ ./ ·\:~---~. ,\_~·>r1~ --:~ . .. ;. -.:.·;..,_ ... _.. .;-., . . ··:~~,.' . ' ! /J~ .. !' ~:·.~~:/_ ~: -:::. ·~;'ii;,,·;,&J·:~~}i,: ( e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code. (g) 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. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. - ···.1: .. ,-·.·. ::''.) .: . . . . ~ SECTION E SPECIFICATIONS JANUARY 1, 1978 All materials, construction methods and procedures used in this project shall conform to Sections El, E2 , and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet). Sections El, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes , the same as if copies verbatim herein , and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX El MATERIAL SPECIFICATIONS E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1981, follow: El-2.4 Backfill: (Correct minimum compaction requirement to 95% Procter density and correct P.I. values as follows:) c. Additional backfill requirements when approved for use in streets : 1. Type B Backfill ( c) Maximum plastic index (PI) shall be 8 2 . Type C Backfill (a) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compaction by wetting (b) Material , meeting requirement and having a PI of 9 or more shall be considered for use only with mechanical compaction E2-2. l 1 Trench Backfill: (Correct minimum compaction requirement wherever it appears, in this section to 95% Procter density except for paragraph a.l. where the "95% modified Procter density" shall remain unchanged). El00-4 WATERTIGHT MANHOLE INSERTS. SECTION El 00-MAIBRIAL SPECIFICATIONS MATERIAL STANDARD El00-4 JANUARY 1, 1978 (ADDED 5/13/90) El00-4.1 GENERAL: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the. Fort Worth sanitary sewer collection system . El00-4.2 MATERIALS AND DESIGN: a. The manhole insert shall be of corrosion-proof high density polyethelene that meets or exceeds the requirements of ASTM D1248 , Category 5, Type III. b. The minimum thickness of the manhole insert shall be 1/8". c. The manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprenerubberandmeetthe requirement of ASTM D 1056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1 wide woven polypropalene or nylon webbing, with the ends treated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. e. The manhole insert shall have one or more vent holes or valves to release gasses and allow water inflow at a rate no greater than 10 gallons per 24 hours. EI00-4.3 INSTALLATION: a. The manhole frame shall be cleaned of all dirt and debris before placing the manhole insert on the rim. b. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim. ElOO (1) - GENERAL CONSTRUCTION NOTES 1. Applicable design and details shall conform to "General Contract Documents and Specifications for Water Department Projects" (GCD) effective July 1, 1978, with the latest revisions. 2. All horizontal blocking, cradle blocking, and vertical tie-down blocking to be in accordance with Fig.(s) 9, 10, and 1 lofthe GCD. 3. Fire hydrants shall be located a minimum of 3'-0" behind the face of curb per Fig. 5 GCD. 4. All gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16" and larger Fig. 4 GCD. 5. The proposed water and/or sewer mains at times will be laid close to other existing utilities and structures both above and below the ground. The contractor shall make necessary provisions for the support and protection of all utility poles, fences, trees, shrubs, gas mains, telephone cables, TU cables, drainage pipes, utility services, and all other utilities and structures both above and below the ground during construction. It is the contractor's responsibility to notify all utility owners prior to any construction in the area and verify the actual location of all buried utilities that may or may not be shown on the plans. The contractor shall preserve and protect all underground and overhead facilities and be responsible for any damage he may cause to them. The Contractor shall contact the following @ least 48 hours prior to excavating at each location: Fort Worth Water Department Field Operations Kristian Sugrim Scott Neystel Fort Worth Transportation & Public Works Light and Signal Division Dwayne Cox Roger Martin Fort Worth Transportation & Public Works (Storm Drain locates) 817-212-2649 or 817-925-2271 817-212-2642 or 817-994-8663 817-871-8100 817-871-8100 Gordon Couch 817-871-8100 Lone Star Gas Company Texas Utility Service Company Southwestern Bell Telephone Company Texas One Call-Fiber Optics Location (MCI, AT&T, Sprint, etc.) Marcus Cable T. V. Metro (214) 263-3444 336-2328 Enterprise 9800 1-800-245-4545 737-4731 6. Contractor shall verify the elevation, configuration, and angulation of existing line prior to construction of tie-in materials. Such verification shall be considered as subsidiary cost of project and no additional compensation will be allowed. Elevation adjustments at connections may be made with bends, offsets, or joint deflections. All nonstandard bends shall be made using the closest standard M.J. fittings with the required joint deflections .( deflections not to exceed manufacturer's deflection per joint) 7. Contractor shall keep at least one lane of traffic open at all times during construction and access to all places of business and residence at all times.(reference C6-6.5 GCD) 8. No excavated materials , backfill materials, equipment, or supplies shall be stored within floodways or drainage easements.(reference C6-6.6 GCD) 9. Trenches which lay outside existing or future pavements shall be backfilled above the top of the embedment with Type "C" backfill material. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" material shall be used. All backfill material shall be compacted to a minimum of 90% proctor density by means of tamping only. Trenches which cross under existing or future pavement shall be backfilled per Fig. "A" with 95% proctor density by jetting, tamping, or a combination of such methods. IO.Rim elevations of the proposed sanitary sewer manholes in repaved streets are shown as final finished grades in these plans. They shall be constructed to 15" below final finished grade by utility contractor and adjusted by paving contractor in accordance with Fig. M of the special contract documents. Concrete collars shall be installed where indicated on the plans per Fig. 121 of the special contract documents. Manhole inserts shall be installed in all standard four foot and standard four foot drop access manholes per E-100-4 of the special contract documents. Standard four foot diameter manholes shall be in accordance with section E2A, Fig. 103 and Fig. 104 GCD, standard four foot drop access manholes per Fig. 107 GCD, and shallow manholes per Fig. 106 GCD. 11. The top of the water lines shall be a minimum of 3 '-6" below the top of the curb for 12" and smaller mains except where otherwise shown on these plans. 12.All water meters shall be placed or relocated 3'-0" behind the face of the proposed curb or as directed by the Engineer. 13.All existing water services shall be replaced with 1" minimum copper tubing unless a larger size is indicated on the plans. Corporation stops shall be fully opened prior to trench backfill. Curb stops with lock wings shall be tested for full flow when the system is pressure tested. Extend 1" water services to those lots where no water services have been extended to. Locate these services at normal locations or as directed by the Engineer. a.The normal location of water service lines shall be 5' east or north of the center of the property frontage. b.For 40' or less lot frontage, all water services shall be placed 18" from the east or south property line. 14.All sanitary sewer services encountered shall be replaced to the property line as directed by the Engineer. ~I ::J I ~ ~I 0... 0 fr'. 0... SIDEWALK WATER MAIN BEHIND CURB E1-17 MATERIAL E2-17 CONSTRUCTION CURB PAVEMENT MATERIAL LIST WATER MAIN IN STREET @ STANDARD CORPORATION @ BLUE VINYL TAPE, 3" WIDE, 6" ABOVE GROUND © STANDARD CURB STOP & go· ELBOW @ AREA TO BE BACKFILLED WITH SAND CITY OF FORT WORTH, TEXAS ONE-INCH WATER SERVICE DETAIL DATE: FEB. 2009 WTR-001A NOTE: PAVEMENT OR OTHER SURFACE MATERIAL DETAIL PERTAINS TO ALL GATE VALVE SIZES 4" THRU 12" OR LARGER, AS DIRECTED . WATER MAIN E1-10 MATERIAL E2-10 CONSTRUCTION r=, I I .J.--..J.. .__r._..::.. I I I I I I I I I CONCRETE COLLAR PER DETAIL WTR-004 -------IF VALVE OPERATING NUT IS MORE THAN 3' BELOW PAVEMENT SURFACE, PROVIDE EXTENSION STEM TO 1' BELOW PAVEMENT SURFACE . (SEE DETA IL WTR-003) n---MCKINLEY IRON AND STEEL CO ., NO . YB5 THREE PIECE VALVE BOX OR APPROVED EQUAL . ~--GATE VALVE TORQUE BOLTS PRIOR TO BACKFILL CITY OF FORT WORTH, TEXAS GATE VALVE AND BOX DATE: FEB . 2009 WTR-002 2" 1Z1 SQUARE STOCK W/ 1" HOLE DRILLED THROUGH. 2"0 SQUARE STOCK W/ DIA . HOLE DRILLED THROUGH . 2l2"¢ TUBING W/ ~" THICK WALL ~"x45" CHAMFER VARIES NOTES : 1. 1" ROUND SOLID BAR & 2" SQUARE PER ATSM A-108-81, SAE 1 020, COLD DRAWN OR BETTER . 2. 2)2" TUBING PER ATSM A-512-79, SAE 1020, COLD DRAWN OR BETTER. 3 . ALL WELDS SHALL COMPLY WITH A.W .S. CODE FOR PROCEDURE, APPEARANCE , AND QUALITY OF WELDS. CITY OF FORT WORTH , TEXAS VALVE STEM EXTENSION DATE : FEB . 2009 WTR-003 COLLAR CONFIGURATION FOR PAVED AREA ... ... COLLAR CONFIGURATION FOR UNPAVED AREA 2'-0" ~!:)}'.;. ~:~ \f ;?:::·'f ·":;\~·~\f :j'·~.:~-::\'.. ;~\ ?:::~:. ·;::~:_'{;;;~::\'.;; .·· A L 4000 PSI CONCRETE 8-#4 REBARS TYP . CASE 1 CASE 2 CASE 1 ·-::,.~;· -~·.: COLLAR SHALL EXTEND TO TOP OF 2: 27 CONCRETE (REBAR REQUIRED) CASE 2 COLLAR SHALL BE 8" THICK (R EBAR REQUIRED) E1-20, E1-21 MATERIAL E2-20, E2-21 CONSTRUCTION SECTION A-A CITY OF FORT WORTH, TEXAS GATE VALVE CONCRETE COLLAR A J 0 I N 3" TYP . G) :X." CHAMFER (TYP .) REBAR SHALL BE PLACED 3" MIN. FROM TOP AND BOTTOM OF CONCRETE COLLAR. DATE : FEB . 2009 WTR-004 EXISTtNG OR PROPOSED CURB PAVEMENT OR OTHER SURFACE M.J ANCHOR TEE OR M.J. ANCHOR COUPLING E1-12 MATERIAL E2-12 CONSTRUCTION 6" LEAD FROM MAINS EXISTING OR PROPO SED CURB CONCRETE BLOCKING FIRE HYDRANT EXERCISE CARE TO AVOID PLUGGING DRAIN HOLE WITH CONCRETE 18" MINIMUM FROM GROUND, PER FIRE DEPT. FIRE HYDRANT TO BE SET PLUMB BREAKER RING w/ BREAKER STEM PARKWAY i--1'_.,.._ EXTENSION BARREL AND STEM FOR EXTRA BURY DEPTH IF NECESSARY 6" FIRE HYDRANT 'f LEAD LINE t'"l )-1....++l--MINIMUM 7 C.F . GRAVEL PROPORTIONALLY AROUND BASE ~-..-ff--_..i;¢f!:i:+"j±-CONCRETE BLOCKING ,~,;=,=,,.~CONCRETE REST ~~ 12"x12"x6" CONCRETE BLOCKING BOTTOM REST CITY OF FORT WORTH , TEXAS STANDARD FIRE HYDRANT DATE: FEB . 2009 WTR-006 ,. "E" NOTE : BEAR ING ARE AS SHOWN ARE BASED ON 150 P.S.I.G TEST PRESSURE AND 3000 P.S .F. SO IL BEARING VALUE . TEE x 3000 PSI CO NCRETE (TYP .) * DIMENSION "X" MAY VARY IF NECESSARY TO PROVIDE BEAR IN G AGAINST UNDISTURBED TRENCH WALL HORIZONTAL BLOCKING TABLE PIPE "X" 11 .25' 22.5' 45' 90' SIZE (FT.) "A" MIN. MA X "B" MIN . MAX "c" MIN . MAX "DH MIN. AREA VOL AREA VOL AREA VOL AREA 4" 1.0 0 .90 0 .80 0 .05 0 .95 0 .90 0 .05 0 .95 0 .90 0 .05 0 .91 0.82 6" 1.5 0 .90 0 .80 0 .05 0 .95 0 .90 0 .05 1.05 1.10 0 .05 1.73 1.99 8" 1.5 0 .90 0 .80 0 .05 0 .95 0 .90 0 .05 1.41 2 .00 0 .05 1.86 3 .47 10" 1.5 0 .90 0 .80 0 .05 1.26 1.60 0 .05 1.79 3 .20 0.10 2.18 5 .62 12" 1.5 1.10 1.20 0 .05 1.48 2 .30 0 .10 2 .14 4 .50 0 .20 2 .83 8 .00 16" 2 .0 1.41 2 .00 0 .10 2 .00 4 .00 0 .10 2 .83 8 .00 0.40 3 .75 14.10 20" 2.0 1.77 3 .10 0 .20 2 .54 6 .20 0 .30 3 .52 12.40 0 .60 4 .70 22 .00 24" 2 .0 2 .14 4 .50 0 .25 3 .00 9 .00 0 .50 4 .25 18 .10 0 .95 5 .65 32.00 30" 2 .5 2 .66 7 .10 0 .55 3 .78 14.20 1.00 5.30 28.20 1.75 7 .05 49 .80 36" 2 .5 3 .33 10.00 0.75 4.50 20.40 1.40 6 .36 40.80 2 .65 8 .50 72.00 42" 3 .0 3 .72 13.80 1.20 5 .25 27.60 2 .20 7.41 55.30 4 .10 9.90 97.50 48" 3 .0 4 .38 18.30 1.60 6 .00 36.00 2 .90 8.48 72.00 5.40 11 .14 126 .50 54" 4 .0 4 .0 22 .50 4 .0 6 .70 45.00 7 .00 9.40 88.00 10.00 13.00 162.00 NOTES : MAX VOL 0.05 0 .05 0 .10 0 .20 0 .30 0 .65 1.15 1.85 3 .40 5 .10 7 .90 10.40 16 .00 MIN IMUM AREAS SHOWN ARE IN SQUARE FEET. VOLUMES SHOWN ARE IN CUBIC YARDS . VERTICAL DIMENSIONS OF ALL BLOCK BEARING AREAS SHALL BE IDENTICAL TO THE HORIZONTAL DIMENSION SHOWN . E1-20 MATERIAL E2-20 CONST RUCTION CITY OF FORT WORTH , TEXAS HORIZONTAL BLOCKING TEE & PLUG "E" MIN. MAX AREA VOL 1.16 0 .58 0.05 1.19 1.41 0 .05 1.57 2.46 0 .10 1.99 3 .98 0 .15 2 .38 5 .56 0 .20 3 .16 10.00 0 .50 3 .94 15.55 0 .75 4 .76 22.60 1.05 5 .91 35.33 2.10 7 .20 51 .00 2 .95 8 .30 69 .00 4 .75 9 .50 90.03 6 .15 10 .70 115 .00 12 .00 DATE: FEB . 2009 WTR-008 ® ® NOTES: 6" BLIND FLANGE TAPPED 2" WITH 2" BRASS PLUG WITH C.C. THREAD. 125# PATTERN BLIND FLANGE DRILLED AND TAPPED FOR 6" BLIND FLANGE . 6" BLI ND FLANGE A TT ACHED WITH BRONZE BOLTS. GASKETS SHALL BE FULL FACED AS OTHERWISE REQUIRED IN E 2-4. LIFTING LUGS SHALL BE PROVIDED IN QUANTITIES SUFFICIENT TO LOFT AND HANDLE THE FLANGE AS A BALANCED LOAD. ATTACH THE 125# PATTERN BLIND FLANGE WITH STEEL BOLTS AND BRONZE NUTS THEN COVER WITH CEMENT GROUT AFTER INSTALLATION. 125# PATTERN FLANGE, UNLESS REQUIRED OTHERWISE . FLANGES AND BLIND FLANGES TO BE DESIGNED TO WITHSTAND PRESSURE RATING OF PIPE. WYE BRANCH TO BE ONE SIZE LARGER THAN , BUT TAPERED TO STANDARD RUN NORMAL DIAMETER UNLESS OTHERWISE SPECIFIED . STANDARD RUN DIAMETER E1-4 MATERIAL E2-4 CONSTRUCTION CITY OF FORT WORTH, TEXAS STANDARD CLEANING WYE DATE : FEB. 2009 WTR-022 LOOPED SYSTEM EXTEND PIPE RISER ______ _,, ABOVE GROUND LEVEL POLY-PIG FLOW SLEEVE EXISTING GATE VALVE 1. INSTALL M.J . WYE AT END OF IMPROVEMENTS. 2 . RECONNECT TO EXISTING USING M.J. SLEEVE . 3 . AFTER CLEANING WITH POLY-PIG , REMOVE CLEANING WYE. NON-LOOPED SYSTEM -111 111 11 1 111 111 111 111 111 11 1; •11 -111-1 1 • -111- FLOW 1. INSTALL M.J. WYE AT TERMINAL END OF MA IN. 2. PLUG THE STRAIGHT RUN OF THE WYE AS SHOWN . 3 . AFTER CLEANING WITH POLY-PIG, REMOVE CLEANING WYE. E1 - 7 MA TERI AL E2-7 CONSTR UCTION CITY OF FORT WORTH, TEXAS DATE : FEB . 2009 CLEANING WYE DETAIL FOR LOOPED AND NON-LOOPED SYSTEM 12" AND UNDER WTR-023 11 Js" I ·[283mmr I rf--iil-3} COVER SECTION 12 ~" [327mm] 74" LETTERING (RECESSED FLUSH) 11 %" 1 ~ .. h2asmm]"I SJ I g ~ .. I~ 12" [251mmj [305mm] ~_l I· [~~1~:] -I 18 %" [ 476mm] BOX SECTION 1 ->2"R [R38mm] NOTE: FORT WORTH LOGO IS OPTIONAL. %" [16mm] 18" [ 457mm] 1 74" ~2 Js" [44mmij__ I [54mm] e T-=: ~,'. (Bm~] ? ~o" (8mm] COVER SECTION 20" [508mm] I· 18 ~ .. • I [ 464mm] I-16 *" -I [ 425mm] I-21·· -I [533mm] 24" [610mm] BOX SECTION *FOR NON-PAVED AREAS ONLY. CITY OF FORT WORTH, TEXAS CLASS 'A' STANDARD PLASTIC METER BOX FOR %11 & 1" METERS DATE : FEB . 2009 WTR-026 ------H+----+--1YPE "C" BACKFILL MINIMUM 6" INITIAL _ __._.._.........=~.....,_. SEE SPEC. E1 -2.4 G.C.D. BACKFILL COVER ,.....,.,,;~.L.l.r---SAND MATERIAL EMBEDMENT & INITIAL BACKFILL SEE SPEC . E1-2.3 G.C.D . MINIMUM 6" -----1---U1.:.:.;...,;:=~ EMBEDMENT WATER: SIZES UP TO AND INCLUDING 12" 1YPE "C" BACKFILL SEE SPEC. E1 -2.4 G.C .D. FILTER FABRIC- SUPAC-HEAVY GRADE BNP (UV) OR APPROVED EQUAL. CRUSHED STONE MINIMUM 6" --+=Wi:R=~~~n~r= SEE SPEC. E1-2 .3 EMBEDMENT G.C.D . SAN D GRADATION • LESS THAN 10% PASSING #200 SIEVE • P.I. = 10 OR LESS CRUSHED STONE GRADATION SIEVE SIZE RETAINED 1" 0-10 Yi" 40-75 %" 55-90 #4 90-100 #8 95-100 WATER: SIZES 16" AND LARGER SANITARY SEWER: ALL SIZES MATERIAL SPECIFICATIONS NOTE: SPECIFICATION REFERENCES ARE FOR WATER AND SANITARY SEWER ONLY . THE EMBEDMENT AND BACKF IL L DETAILS PROVIDED ON THIS SHEET SHALL REPLACE APPROPRIATE PROVISIONS OF E1-2.4(b) AND E1-2.3 OF THE GENERAL CONTRACT DOCUMENTS AND SPECIFICATIONS FOR WATER DEPARTMENT PROJECTS (G .C.D.) ALL OTHER PROVISIONS OF THESE ITEMS SHALL APPLY . CITY OF FORT WORTH , TEXAS DATE: JUNE 2009 WATER AND SANITARY SEWER EMBEDMENT AND BACKFILL DETAILS WTR-029 EXISTING CURB TEMP. SERVICE-----1- 2" GAL V. PIPE TO F.H. OUTLET FOR TEMP _._ WATER SUPPLY. TEMP . SERVICE 2" GAL V. PIPE 11 _ _J~== -,, (/) 11 f-~ I ~'-' _J 11 G'.i ~ t..... I o:: ~ ~ I o... <{ w I oo... o... L f-_J 0 1r==ww o:: I o_J _J <{ _J = I ~~ '1 Q:'.<{ I ~o... 1 I en 1 I 1 I I *"'1-,..__-E XISTING METER VAULT . SEE DETAIL WTR-031 FOR TEMP. SERVICE CONNECTION . ~-+--TEMP. SERVICE 2" GAL V. PIPE €] EXISTING CURB SEE DETAIL WTR-032 FOR INTERSECTION CROSSING CITY OF FORT WORTH, TEXAS TYPICAL MAIN BY-PASS LAYOUT DATE : FEB . 2009 WTR-030 *" TUBING 2" GAL V. PIPE NOTE : CONTRACTOR SHALL BE REQUIRED TO COVER METER VAULT WITH PROTECTIVE GUARD. NOTE: ADAPT AS REQUIRED EXISTING PRIVATE SERVICE TO HOUSE OR BUILDING. METER SHALL BE REMOVED BY THE CONTRACTOR . CONNECTION FROM BY-PASS TO PRIVATE SERVICE SHALL BE MADE BY CONTRACTO R. EXISTING COPPER SERVICE LINE CITY OF FORT WORTH , TEXAS TEMPORARY SERVICE CONNECTION DATE: FEB . 2009 WTR-031 EXI STING PAVING 36" MA X. ASPHALT COVER 15# ROOFING FELT, 36" WIDE 2" GAL V. PIPE 2-STANDARD FINISHED 2"x6" WOODEN PLANKS / CITY OF FORT WORTH , TEXAS DATE: FEB . 2009 INTERSECTION & DRIVEWAY APPROACH CROSSING FOR TEMPORARY WATER SERVICE WTR-032 4 '-0" 7" 2'-10" 7" 2 .25" FORT WORTH 2 .25" 3"R (TYP.) -------+------------------ FONTS: N I N 2 .5" 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, G z Ct: w r r w .....J 2" \ call: (817) 392-4477 ______ -----<_ \ 3'-6" \ \ LLwHITE 3" \ L PMS 288 (BLUE) CITY OF FORT WORTH , TEXAS PROJECT SIGN -4'x4' 0 I ·v DATE : FEB. 2009 WTR-035 EXISTING CURB & GUTTER TRENCH REPAIR LIMITS DITCH WALL 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 SEPARATE 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 CONSTRUCTION. CITY OF FORT WORTH, TEXAS PERMANENT ASPHALT PAVEMENT TRENCH REPAIR DATE: JULY 2009 STR-028 - SECTION 5 -CONTRACTS, BONDS AND INSURANCE 5 .1 Certificate of Insurance 5 .2 Contractor Compliance with Workers' Compensation Law 5.3 Conflict of Interest Questionnaire 5.4 Performance Bond 5.5 Payment Bond 5.6 Maintenance Bond 5.7 City of Fort Worth Contract NOTICE The following 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 FOR T W OR1H Date~ NAME OF P R OJECT: Water Replacement in Sunset Circle and Timberland Drive PROJECT NUMBER: Water P253-541200-602170137583 IS TO C ERTIF Y 1HAT: Conatser Construction TX. LP is , at the date of this certificate, Insured by this Company w ith respect to the business operation s hereinafter described, for the type of insuran ce and accordance with provision s of the standard policies used by this Company, and further hereinafter described. E xception s to standard policy noted on reverse side h ereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Com pensation Comprehensive General Bodily Injury: Liab ility Insurance (Pub lic Ea . Occurrence: $ Liability) Property Damage: Ea. Occurrence: $ B lasting Ea. Occurrence: $ Coll ap se of B uilding or structures adjacent to Ea . Occurrence: $ excavations Damage to Underground Utilities E a . Occurrence: $ Builder's Risk Comp reh ensive Automobile Bodily Injury: Liability Ea. Person : $ E a . Occurrence: $ Property Damage: Ea . Occurrence:$ Bodily Injury: Contractual Liability Ea. Occurrence : $ Property Damage: Ea. Occurrence: $ Other Location s covered: Areas surrounding at Fort W orth TX Description of operation s covered : In the above mention project 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 ch an ge/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 su ch 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 em ployer's liability insurance coverage under Contractor's workers' compensation insurance policy. Agency Insurance Co. _________________ _ Fort Worth Agent By _________________ _ Address. _______________ _ Title _______________ _ CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V .T.C .A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Eng ineering No . G,~j 9 and City of Fort Worth ProjectNou.,.kk,t. f ~S3 · Cj'tL~OO:;:YD.,J1bf31t;e3 STATE OF TEXAS COUNTY OF TARRANT § § § CQNTRJ\CTO'l Co~SL-, Ct.n.41:rw L;::_jK Lf By:~ / Name: Jerry Conatser , Pre sident of -Conatse r Manage ment Group , In c, G.P . Title:----------- undersigned authority, on this day personally appeared r. r nown to me to be the person whose name is subscribed to the fore oing instrument, and acknowledged to me that he executed the same as the act and deed of Co~ C,,t,::r:/,.."'.eJ: ,~ -r X, LI> for the purposes and consideration therein expressed and in the capacity therein stated. di... Given Under My Hand and Seal of Office this lQ=. day of , 2o_LO . ... ~~~~~I~:f~°i~\ JAMIE L BROW N ' f * f i * l NOTARY PUBLIC ' \ \. ./., / State of Texas •,">, ..... ci-~' ···1.!~'.~···· Comm. Exp. 0 6-27-2012 : Texas Bond No: 022028939 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, (1) Conatser Construction TX, LP, as Principal herein, and (2) ____ _ Liberty Mutual Insurance Company , a corporation organized under the laws of the State of (3) MA , 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 TWO HUNDRED EIGHTY SEVEN THOUSAND TWO HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($287,225.00)for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the __ day of , 20_ a copy of which is attached hereto and made a part hereof for all purposes, for the construction of: Water Replacement in Sunset Circle and Timberland Drive NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal' s default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this ___ day of ___ M_A_Y_l_8_20_10 __ , 20_. SIGNED and SEALED this ___ day of ____ M_A_Y_1_8_2_0-'10=-----_, 20_. ATTEST: (Principal) Secretary (SE AL) ATTEST: Secretary (SE AL) Conatser Construction TX, LP PRl~NCIPAL J _/ By: v~ ~ Name: Jerry R. Conatser Title: President of Conatser Management Group, Inc., GP Address: P. o. Box I 5448 Fort Worth, TX 76119 Liberty Mutual Insurance Company SURETY ~ By:~~ Name: Glenna S. Davis Attorney in Fact Address: I 7 5 Berkeley Street Boston, MA 02117 Ca.~~~ Tu~ \D= Witness as surety 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 original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No: 022028939 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § 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) __ ~MA~-- 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 TWO HUNDRED EIGHTY SEVEN THOUSAND TWO HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($287,225.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the __ day of MAY 1 8 2010 , 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 : Water Replacement in Sunset Circle and Timberland Drive NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein . IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this ___ day of __ M_A_Y _1_8_2_01_0 ___ , 20_. ATTEST: Conatser Construction TX, LP PRINC~IPAL. _,,-/' By: / Name: Jerry R. Conatser (Principal) Secretary (SE AL) ATTEST: Secretary (SE AL) NOTE: (1) (2) (3) Title: President of Conatser Management Group, Inc., GP Address: P. o. Box 15448 Fort Worth, TX 76119 Liberty Mutual Insurance Company SURETY ~ By~~_) Name: Glenna 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 original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: § § § Bo nd No : 02202893 9 MAINTENANCE BOND That CONATSER CONSTRUCTION TX, LP. ("Contracto r"), as principal, and, L ibe r t y Mu t ual Insuranc e Compan y 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 TWO HUNDRED EIGHTY SEVEN THOUSAND TWO HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($287,225.00) , lawful money of the 1 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 MAY 18 2q1 O_, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements : Water Replacement in Sunset Circle and Timberland Drive the same being referred to herein and in sa id contract as the Work and being designated as project number(s) Water P253-541200-602170137583 and said contract, including all of the specifications , conditions , addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and , WHEREAS , in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City ; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) 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 opinion of the Director of the City of Fort Worth Department of Engineering , it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in eig;ht(8) counterparts, each of ATIEST: (SE AL) Secretary ATIEST: (SE AL) Secretary Conatser Construction TX, LP Contractor By •~z:e:: ~-Conatser Title: President of Conatser Management Group, Inc., GP Liberty Mutual Insurance Company Surety By~~ Name: Glenna S. Davis Title: __ A~. t_t_o_r_. n_e...,_y_-_i_n_-F_a_c"-t'------- 175 Berkeley Street Boston MA 02117 Address rr ; ~m : al ~i I~:, • C) 2590004 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 ATTORNEY 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 authority 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 president 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 . > Cll "C 0 0 Cl) C: 'in :, .0 >, C: Cll -C: -o ~ ..... > Cl) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ~~ >,UJ Cl)W • Cll ! :, ~~ 1..2 ~ -~-) 0 ~ ;i ~ .. -0,0 s Cl) ,, .. ~i~ l:i ) Cll ... , >, u Cll C: > Cl) -.. ) .. . :, . u IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of ~ &_ Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting , Pennsylvania this 12th day of June , :t: 0 2009 <( M 0~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss LIBERTY MUTUAL INSURANCE COMPANY By~~ U-U{"~ Garnet W . Elliott, Assistant Secretary On this _1glli__ 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 COMMONWEAL TH OF PENNSYLVANIA ------~ .Notarial Seal Teresa Pastel!a, Notary Pub!~ Plymouth Twp _ Montgomery county My Commiss:on Expires Marcil 28, 2~13 Member, Penns)'tVania As~al~ ol Notaries By~ Ter6sa 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 chairman 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 -----'v""""IA-Y· --,.., .. "C Cl) C: 3: Cll oe C. Cll .!!!o .co -·· _a, 0 C: >,Cl) .t: Cl) :2! -Cl) ~.o Cl)O .si e'9 ._('II :;::~ C: I Oo u..-o<D ..... ~ ~Libertv \P 1\tutt1aL Important Notice ·To OBTAIN l~,JFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT : You may contact the Texas Department of Insurance to obta in 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 Meeting, 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 have 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 information p urposes only and does not become a part of or a conditio n of the attached document. It is give n to comply with Section 2253. 048, Go vernment Code , and Section 53 . 202, Property Code , Effective September 1, 2001 THE STATE OF TEXAS CITY OF FORT WORTII, 1EXAS CONTRACT KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT MAY 18 2010 This Contract made and entered into this the __ day of AD., 2010 , by and between the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and (Contracting Company Name here), ("Contractor") Owner and CONATSER CONSTRUCTION TX LP. Owner and Contractor may be referred to herein individally as a "Party" or collectively as the "Parties ." WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows : Water Replacement in Sunset Circle and Timberland Drive That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools , appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Water Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein . 3 . The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Water (Engineering) of the City of Fort Worth . 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 100 Calender days . · --- OFFICIAL RECORD CITY SECRETARY WORTH, TX _____ _, If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $210 .00 Per working day, not as a penalty but as liquidated damages , the Contractor and his Surety shall be liable to the Owner for such deficiency . 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City 's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers , agents, employees, subcontractors, licensees or invitees, whether or not 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 anv such iniury or damage is caused in whole or in part bv 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 Contractor, and before beginning work, to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptable to the requirements of the Chapter 2253 of the Texas Government OFFICIAL REco;~ Code, as Amended . fifi -- CITY SECRETARY WORTH, TX A. If the total contract price is $25 ,000 or less , payment to the contractor shall be made in one lump sum . Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner . B . If the contract amount is in excess of $25 ,000 , a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of the claimants supplying labor and material in the prosecution of the work. C If the Contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans, Specifications, and Contract Documents . Said bond shall solely be for the protection of the Owner. D . A Two-year Maintenance Bond in the name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee contained in the Contract Documents . 8 . The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a , shall be TWO HUNDRED EIGHTY SEVEN THOUSAND TWO HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($287,225.00). 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 Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Engineering Department. 10 . The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas , a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein . 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same . IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in ~ 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 . --- OFFICIAL RECORD CITY SECRETARY T. WORTH, TX . . M Y 18 2010 Done m Fort Worth, Texas, this the_ day o A.D.,2010 . RECO~~,.~ t7 I / BY: J i-b[ ~{ 'j'b: ~ DIRECTOR, DEPARTMENT OF WATER Date CONTRACTOR erry Conatser , President of Conatser Management Group , In c. G.P. TITLE P .a . I, . 158o~ fui lt lcJL J.<r:t> ADDREss "1w I (Cf CITY OF FORT WORTH FERNANDO COSTA, ASST CITY MANAGER ATTEST: CITY SECRETARY (SEAL) APPROVED AS TO FORM AND LEGALITY: -- OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX