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Home My WebLink AboutContract 41478C ITY SECRET D.O.E. FILE ..-. t=: • ' . CONTRACT -,-0 Co SPECIFICATIONS AND CONTRACT DOCUMENTS NSTRUCTIO 'S cOPY CLIENT DEPARTM ENT FOR KERMIT-BONNIE DRAINAGE IMPROVEMENTS 4600 MERIDA DRAINAGE IMPROVEMENTS WAVERLY PARK DRAINAGE IMPROVEMENTS CITY PROJECT No. 00484 Storm Water No. P227 -541200-2032800484 83 Michael J. Moncrief Mayor SEPTEMBER 2010 William A . Verkest, P.E. Dale A. Fisseler, P.E. City Manager Director, Transportation and Public Works Department S. Frank Crumb, P.E. Director, Water Department Richard Zavala Director, Parks and Community Services Department PREPARED FOR: The City of Fort Worth TranSystems Corporation Consultants 500 West Seventh St., Suite 1100 Fort Worth, Texas 76102 TBPEREG tt,i.;.::.-~-'--~~---)' OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2-18 -1 A .5 M&C Re view Page 1 of 2 Official site of the City of Fort Worth , Texa s CITY COUNCIL AGENDA FORT WO RTH ~ COUNCIL ACTION: Approved on 2/15/2011 DATE: 2/15/2011 REFERENCE **C-24733 LOG 20CONSTRUCTION KERMIT BONNIE NO.: NAME: - - CODE: PUBLIC C TYPE: CONSENT HEARING: NO SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP , in the Amount of $738 ,560.00 for Construction of the Kermit-Bonnie Drainage Improvements, 4600 Merida Drainage Improvements and Waverly Park Drainage Improvements (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Conatser Construction TX, LP , in the amount of $738,560.00 for construction of the Kermit-Bonnie Drainage Improvements, 4600 Merida Drainage Improvements and Waverly Park Drainage Improvements. DISCUSSION: The Storm Water Management Program was established to reduce flooding in Fort Worth, preserve streams , minimize water pollution and to operate the storm water system in a more effective manner to fully comply with state and federal regulatory requirements . This will be accomplished by infrastructure reconstruction and system maintenance , master planning, enhanced development review and increased public education and outreach . On September 22, 2009 , (Ordinance No . 18838-09-2009) the City Council approved the issuance and sale of $45,000,000.00 in revenue bonds for the Storm Water Capital Project Bond 2009 Fund to fund a two-year storm water capital project program. On June 5 , 2007 , (M&C C-22159) the City Council authorized the City Manager to execute an engineering agreement with TranSystems Corporation Consultants for the design of the Kermit-Bonnie Dra inage Improvements, 4600 Merida Drainage Improvements and Waverly Park Drainage Improvements (City Project No . 00484). This design resulted in the recommendation for the construction of the following drainage improvements: • Kermit-Bonnie Drainage Improvements: Reconstructing an existing 36 inch culvert with two four by four foot box culverts ; • 4600 Merida Drainage Improvements: Reconstructing an existing 24 inch storm drain with a new storm drain up to 42 inches in diameter and reconstruction of approximately 300 linear feet of residential roadway; and • Waverly Park Drainage Improvements: Reconstructing an existing 33 inch and 36 inch storm drain with a new four by four foot box storm drain. The project was advertised for bid on September 30, 2010 and October 7 , 2010 in the Fort Worth Star- Telegram. On October 28, 2010, the following bids were received: http://apps.cfwnet.org/council_packet/mc_review .asp?ID=l4619&councildate=2/l5/2011 2/15 /2011 M&C Review Page 2 of2 !Bidders !!Amount !!Time of Completion I !Conatser Construction TX, LP 11$738,560.00 350 Working Days I !Burnsco Construction, Inc. 11$794, 192.30 RKM Utility Services, Inc. 11$845,260. 75 Cleburne Utility Construction, Inc. 11$909 ,611 .50 Tri-Tech Construction , Inc. 11$910 ,869 .00 2L Construction LLC 11$986,890.50 Jackson Construction , Ltd . 11$1,076,517.50 The Fain Group , Inc. 11$1 , 165,279.00 Ed A. Wilson , Inc. 11$1,453,588.70 The low bid for this project consists of $738 ,560.00 for construction of the storm drainage facilities. Costs for the implementation of this project will be funded by the Storm Water Capital Project Bond 2009 Fund. Funding in the amount of $90 ,000 .00 is included for associated construction survey, pre-construction activities, materials testing , inspection and project closeout costs. The contingency fund for possible change oraers is $25 ,000 .00 . The low bidder, Conatser Construction TX, LP, is in compliance with the City's M/WBE Ordinance by committing to 18 precent M/WBE participation . The City's goal on this project is 18 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 73P , 73Vand 90K. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget , as appropriated , of the Storm Water Capital Project Bond 2009 Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS M C 00484 4 6 0 0Meri daloca ti on .pdf MC 004 84 Ke m it Bon n ielocati o n .pdf M C 00484 W averl yP ark Lo ca ti o n .pJ;lf FROM Fund/Account/Centers P227 541200 203280048483 $738 ,560.00 Fernando Costa (6122) William Verkest (7801) Rick Shaffer (6821) http://apps.cfwnet.org/council_packet/mc _review.asp?ID= 14619&councildate=2/15 /2 011 2/15 /2 011 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS ADDENDUM NO. 1 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR KERMIT-BONNIE DRAINAGE IMPROVEMENTS 4600 MERIDA DRAINAGE IMPROVEMENTS WAVERLY PARK DRAINAGE IMPROVEMENTS CITY PROJECT No. 00484 Storm Water No. P227-541200-2032800484 83 ISSUED DATE: October 20, 2010 BID RECEIPT DATE: October 28, 2008 This Addendum No. l fonns a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provided below, the proposal and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification. The Plans and Specification documents for the above mentioned project are hereby revised and amended as follows: I . Storm drain detail SD-025 Reinforced Concrete Pipe Trench Installation Detail is replaced with the attached Storm Drain Embedment Detail. · 2. Unit 2 Proposal Section -Item 34 is revised to Pavement - 2 Inch Surface Milling. The revised proposal section is attached. 3. Unit 3 Proposal Section -The quantity for Item 12 Pavement -2 Inch Min Overlay is revised to 940, Item 33 is revised to Fill Material -Type B Backfill and Item 34 is added Pavement-2 Inch Surface Milling. The revised proposal section is attached. Items of Clarification: 1. Unit 3 -Erosion Control Mattress is used to stabilize the slope area at station 7+60 of storm drain Line D. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein · shall remain in full force and effect. · The Contractor shall acknowledge receipt of tru's Addendum (1) in the space provide below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters ''RECEIVED & ACKNOWLEDGED ADDENDUMNO. l". Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: By: ________ _ Title: ________ _ . Rick Shaffer, P .E., Project Manager SELECT NATIVE MATERIAL COMPACTED TO A DENSITY OF 907. PROCTOR (957. PROCTOR IF UNDER PAVEMENT) PIPE 0 .0. + 2' FINAL BACKFILL TOP OF PIPE INITIAL BACKFILL CRUSHED STONE BEDDING PIPE 0 .0 . T NOTES : 1) PIPE EMBEDMENT SHALL BE CRUSHED STONE IN CONFORMANCE WITH COFW SPECIFICATION 402 .2. 2) FOUNDATION WHERE TRENCH BOTIOM IS UNSTABLE, THE CONTRACTOR SHALL EXCAVATE TO A DEPTH REQUIRED BY ENGINEER AND REPLACE WITH A FOUNDATION OF BEDDING MATER IAL (6" MINIMUM THICKNESS). 3) MEASURES SHALL BE TAKEN TO PREVENT MIGRATION OF NATIVE FINES INTO BACKFILL MATERIAL. 4) FOR PIPE DIAMETERS GREATER THAN 36", EMBEDMENT SHALL BE WORKED UNDER PIPE HAUNCHES BY HANO. 5) FILTER FABRIC MEETING TXDOT SPECIFICATION DMS-6000 SHALL BE INSTALLED ALONG THE TOP OF THE INITIAL BACKFILL FOR THE FULL TRENCH WIDTH PRIOR TO THE PLACEMENT IF THE FINAL BACKFILL. 6) PAYMENT FOR STORM DRAIN PIPE SHALL INCLUDE ALL UNCLASSIFIED TRENCH EXCAVATION , EMBEDMENT & BACKFILL MATERIAL AND FILTER FABRIC. STORM DRAIN EMBEDMENT DETAIL City of Fort Worth Project Unit/Section Date City Project# r our Vendor Name Your Company Name Bid Items Line Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Project Manager Rick Shaffer, P.E. Kennit-Bonnie Drainage Improvements 4600 Merida Drive Drainage Improvements Waverly Park Drainage Improvements Unit 2 • 4600 Merida Drive Drainage Improvements 00484 CPMS Record Number Material Description BID-00080 SerciveCS Pipe -Remove BID-00082 Concrete Pioe-24 Inch-CL 111 -Install BID-00085 Concrete Pipe-36 Inch-CL Ill -Install BID-00086 Concrete Pipe-42 Inch-CL Ill -Install BID-00100 SerciveCS Stonn Water Pollution Prevention Plan > Than 1 Ac SWPPP -Install BID-00102 SerciveCS Inlet -Remove BID-00106 Concrete lnlet-lnline-1 o Ft -Install BID-00115 Concrete Manhole (5 'x5') -Install BID-00115 Concrete Manhole (4'x4') -Install BID-00443 Asphalt Pavement-2inch Min HMAC on 2/27 concrete Base (STR-028) -Install BID-00445 Asphalt Pavement-2 Inch Min Overlay -replace (Additional Asphalt Pavement Repair Bevond the Trench width) BID-00504 Steel Sign-Project Designation -Install BID-00423 Concrete Curb & Gutter -Install BID-00424 SerciveCS Curb & Gutter -Remove BID-00618 PVC Pipe-Pressure-a Inch -Install BID-00568 Iron Pipe Fittings-< Than 16 Inch DI Pipe -Install BID-00372 SerciveCS Trench Safety System 5 Foot Depth -Install BID-00414 SerciveCS Miscelanneous Utilitv Adiustment BID-00147 Soil Topsoil -Install BID-00137 Vegetation Grass-Sod -Install BID-00134 Vegetation Grass-Hvdromulch SeedinQ -Install BID-00849 ServiceCS Manhole-Adiustment -Services BID-00847 ServiceCS Valve Box-Adjustment -Services BID-00402 ServiceCS Driveway -Remove BID-00404 Concrete Driveway-6 Inch -Install BID-00181 SerciveCS Traffic Control BID-00450 Concrete Pavement-6 Inch -Install BID-00472 ServiceCS Pavement-Unclassified Street Excavation -Remove BID-00484 Lime Subgrade-6 Inch-Lime Stabilized-28 lbs/sy -Install BID-00496 Lime Subgrade-Lime for Stabilization-28 lbs/sy -Install BID-00842 Concrete Curb-6 Inch -Install BID-00471 Asohalt Pavement-Transition-Min 6 Inch HMAC 110 lbs/sv/in-Install BID-00401 Other Driveway (Gravell-Install BID-00448 ServiceCS Pavement-2 Inch-Surface Milling -Install ADDENDUM NO. 1 Unit of Measure Quantltv Your Unit Price Your Bid Feet 487 $ $ Feet 1106 $ $ Feet 193 $ $ Feet 352 $ $ Lump Sum 1 $ $ Each 6 $ $ Each 12 $ $ Each 1 $ $ Each 5 $ $ LF 610 $ $ Square Yards 715 $ $ Each 2 $ 300 .00 $ 600.00 Feet 608 $ $ Feet 1146 $ $ Feet 20 $ $ Tons 0 .25 $ $ Feet 1651 $ $ Lump Sum 1 $ 10 000 .00 $ 10 000 .00 Cubic Yard 70 $ 17.00 $ 1,190 .00 Square Yards 540 $ $ Square Yards 780 $ $ Each 4 $ 360 .00 $ 1 440.00 Each 2 $ 300.00 $ 600.00 Square Feet 477 $ $ Square Feet 477 $ $ Lump Sum 1 $ $ Square Yards 1376 $ $ Cubic Yards 872 $ $ Square Yards 1479 $ $ Tons 21 $ $ Linear Feet 748 $ $ Tons 17 $ $ Square Feet 234 $ $ Square Yard 715 $ $ Total Bid This Unit $ City of Fort Worth Project Unit/Section Date City Project # IYour Vendor Name Your Company Name Bid Items Line Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Project Manager Rick Shaffer, P.E. Kermit-Bonnie Drainage Improvements 4600 Merida Drive Drainage Improvements Waverly Park Drainage Improvements Unit 3 • Waverly Park Drainage Improvements 00484 CPMS Record Number Materlal BID-00080 SerciveCS BID-00082 Concrete BID-00100 SerciveCS BID-00102 SerciveCS BID-00106 Concrete BID-00103 Concrete BID-00115 Concrete BID-00069 Concrete BID-00069 Concrete BID-00874 Concrete BID-00443 Asphalt BID-00445 Asphalt BID-00070 SerciveCS BID-00504 Steel BID-00423 Concrete BID-00424 SerciveCS BID-00127 SerciveCS BID-00128 Steel BID-00092 Other BID-00530 Concrete BID-00529 SerciveCS BID-00372 SerciveCS BID-00098 Masonrv SerciveCS BID-00841 Concrete BID-00068 Other BID-0018 1 SerciveCS SerciveCS BID-00224 Masonrv BID-00147 Soil BID-00137 Vegetation BID-00134 Vegetation BID-00545 Soil BID-00448 ServiceCS Description Pipe -Remove Pioe-24 inch-CL Iii -Install Storm Water Pollution Prevention Plan > Than 1 Ac SWPPP -Install Inlet -Remove lnlet-lnllne-10 Ft-Install Inlet-Drop. > Than 4 Ft -Install Manhole (6'x61-Install Headwall -Install (PW) Headwall -Install (SETB-CD) Box Culvert-4 Ft x 4 Ft -Install Pavement-2inch Min HMAC on 2/27 concrete Base (STR-028) -Install Pavement-2 Inch Min Overlay -replace (Additional Asphalt Pavement Repair Bevond the Trench width) Headwall -Remove Sign-Project Designation -Install Curb & Gutter -Install Curb & Gutter -Remove Fence -Remove Fence-Chain Link -Install RipRap -Install Walk-4 Ft -Install Walk -Remove Trench Safetv Svstem 5 Foot Deoth -Install RioRao-Grouted-< Than 18 Inch Rock -Install Remove and Salvage Rock RipRap Concrete-Encasement -Install Erosion Control-Mattress -Install T raffle Control Miscelanneous Utility Adjustment Pi.,....Grout-Non-Shrink -Install Toosoil -Install Grass-Sod -Install Grass-Hvdromulch Seedina -Install Fill Material-Type B Backfill -Install Pavement-2 Inch-Surface Milling -Install ADDENDUM NO . 1 Unit of Measure Quantltv Your Unit Price Your Bid Feet 1205 $ $ Feet 70 $ $ Lump Sum 1 $ $ Each 4 $ $ Each 4 $ $ Each 1 $ $ Each 1 $ $ Cubic Yard 9.8 $ $ Cubic Yard 4 $ $ Linear Foot 1150 $ $ LF 409 $ $ Square Yards 940 $ $ Lump Sum 1 $ $ Each 2 $ 300 .00 $ 600 .00 Feet 158 $ $ Feet 158 $ $ Foot 50 $ $ Foot 50 $ $ Cubic Yard 7 $ $ Square Foot 41 $ $ Square Foot 41 $ $ Feet 400 $ $ Cubic Yard 29 $ $ Cubic Yard 29 $ $ Linear Foot 20 $ $ Lump Sum 1 $ $ Lump Sum 1 $ $ Lump Sum 1 $ 10 000 .00 $ 10 000 .00 Cubic Yard 85 $ $ Cubic Yard 15 $ 17 .00 $ 255 .00 Square Yards 88 $ $ Square Yards 1015 $ $ Cubic Yard 365 $ 15 .00 $ 5 475 .00 Square Yard 940 $ $ Total Bid This Unit $ SPECIFICATIONS AND CONTRACT DOCUMENTS FOR KERMIT-BONNIE DRAINAGE IMPROVEMENTS 4600 MERIDA DRAINAGE IMPROVEMENTS WAVERLY PARK DRAINAGE IMPROVEMENTS CITY PROJECT No. 00484 Storm Water No. P227 -541200-2032800484 83 Michael J. Moncrief Mayor SEPTEMBER 2010 William A. Verkest, P .E . Dale A. Fisseler, P.E. City Manager Director, Transportation and Public Works Department S . Frank Crumb , P.E. Director , Water Department Richard Zavala Director, Parks and Community Services Department PREPARED FOR: The City of Fort Worth TranSystems Corporation Consultants 500 West Seventh St., Suite 1100 Fort Worth, Texas 76102 TBPE REG #F-3557 1 I \ I \ \, KERMIT-BONNIE DRAINAGE IMPROVEMENTS VICINITY MAP ! Wfm#AY ETBQ.T -.... •.•.........• 811 ....... ··j -:"""':~-"':c:-, .... ::.: ... ;-;/~,;;;;;;c;;:.~';it::"",7 1---8+:~-11 f 4600 MERIDA DRAINAGE IMPROVEMENTS VICINITY MAP .'\ • .. _ .... WAVERLY PARK DRAINAGE IMPROVEMENTS VICINITY MAP Section 02 -Front End Documents 2.1 -Table of Contents 2.2 -Notice to Bidders 2.3 -Comprehensive Notice to Bidders 2.4 -Special Instructions to Bidders (water-sewer) 2.5-Special Instruction to Bidders (paving-drainage) TABLE OF CONTENTS Section 01 -Project Information 1.1 -Title Page 1.2-Location Maps Section 02 -Front End Documents 2.1 -Table of Contents 2.2 -Notice to Bidders 2.3 -Comprehensive Notice to Bidders 2.4 -Special Instructions to Bidders (water-sewer) 2.5 -Special Instruction to Bidders (paving-drainage) Section 03 -MWBE Documentation 3.1 -MWBE Special Instructions 3.2 -MWBE Subcontractors/Suppliers Utilization Form 3.3 -MWBE Prime Contractor Waiver 3.4 -MWBE Good Faith Effort 3.5 -MWBE Joint Venture Section 04 -Bid Package 4.1 -Bid Proposal Cover and Signature Sheet 4.2 -Bid Proposal 4.3 -Vendor Compliance to State Law 4.4 -List of Fittings 4.5 -Pre-Qualified Contractor List Section 05 -General and Special Conditions 5.1 -Part C General Conditions (water-sewer) 5.2 -Supplementary Conditions to Part C (water -sewer) 5.3 -Part D -Special Conditions (water -sewer) 5.4 -Part DA -Additional Special Condition (water -sewer) 5.5 -Part E Specifications 5.6 -Special Provisions (paving -drainage) 5.7 -Wage Rates 5.8 -Compliance with and Enforcement of Prevailing Wage Rates 5.10 -Standard Details (paving-drainage, water, sewer and traffic) Section 07 -Contracts, Bonds and Insurance 7.1 -Certificate of Insurance 7.2 -Contractor Compliance With Workers' Compensation Law 7.3 -Conflict of Interest Questionnaire 7.4 -Performance Bond 7.5 -Payment Bond 7.6 -Maintenance Bond 7.7 -City of Fort Worth Contract 7.8 -Easements 7.9-TxDOT Permit NOTICE TO BIDDERS Sealed proposals for the following : Kermit-Bonnie Drainage Improvements 4600 Merida Drive Drainage Improvements Waverly Park Drainage Improvements City Project No. 00484 Addressed to the CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 will be received at the Purchas ing Office until 1 :30 PM, Thursday, October 28, 2010 and then publicly opened and read aloud at 2 :00 PM in the Council Chambers . Contract documents, including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth 's Purchasing Division website at http://www.fortworthgov .org/purchasing/ and clicking on the project link . This link will take you to the advertised project folders on the City's Buzzsaw site, where the plans and contract documents may be downloaded , viewed, and printed by interested contractors and/or suppliers . Hard copies of plans and contract documents are available at the office of the design engineer TranSystems -500 West ih Street, Suite 1100, Fort Worth, Texas 76102 , at a cost of$ 60 .00 per set (non-refundable). The major work will consist of the (approximate) following: Kermit-Bonnie Drainage Improvements -The proposed improvements consist of reconstructing the existing 36" RCP culvert with 2-4'x4' box culverts . Proposed construction will also include constructing headwalls , storm drain inlets, pipe and earthen channel access ramp . 4600 Merida Drainage Improvements -The proposed improvements consist of reconstructing the existing 24" RCP storm drain with 42" to 24" RCP storm drain . Proposed construction will also include constructing storm drain inlets and pipe . The reconstruction of approximately 300 LF of residential roadway is included at this location . Waverly Park Drainage Improvements -The proposed improvements consist of reconstructing the existing 33" & 36" RCP storm drain with a new 4'x4' box storm drain. Proposed construction will also include constructing headwalls, storm drain inlets, pipe and safety end treatments . Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications . Bid security is required in accordance with the Special Instruction to Bidders . Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive . All addenda will be made available on-line with the contract documents . Contractors and/or suppliers are requested to register as plan holders on-line (on Buzzsaw site) in order to receive notifications regarding the issuance of addenda . It shall be the bidding contractor's sole responsibility to verify they have received and considered all addenda, prior to submitting a bid . Rev 2-2-10_TPW NB-1 NOTICE TO BIDDERS The water and sanitary sewer work must be performed by a contractor that is pre-qualified by the Water Department at the time of the bid opening . A general contractor, who is not pre- qualified by the Water Department , must employ the services of a subcontractor who is pre- qualified. The procedure for pre-qualification is outlined in the "Special Instruct ions to Bidders (Water-Sewer)". For additional information , please contact Craig Schellbach , P .E. with TranSystems at Telephone Number: (817) 339-8950 or by email: cpschellbach@transystems .com , and/or Rick Shaffer, P.E., Project Manager, TPW Department at (817) 392-6821 or by email : Rick .shaffer@fortworthgov .org . A pre-bid conference will be held on Wednesday, October 13, 2010 at 2:00 p.m., Conference Room #289 in City Hall , 2nd floor . Bidders are encouraged to review the plans and specifications prior to the pre-bid conference . Advertising Dates : September 30, 2010 October 7, 2010 Rev 2-2-10_ TPW NB-1 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: Kermit-Bonnie Drainage Improvements 4600 Merida Drive Drainage Improvements Waverly Park Drainage Improvements City Project No. 00484 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1 :30 PM, Thursday, October 28, 2010 and then publicly opened and read aloud at 2 :00 PM in the Council Chambers . Contract documents, including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthgov.org/purchasing/ and clicking on the project link. This link will take you to the advertised project folders on the City's Buzzsaw site, where the plans and contract documents may be downloaded , viewed, and printed by interested contractors and/or suppliers . Hard copies of plans and contract documents are available at the office of the design engineer TranSystems-500 West 7th Street, Suite 1100, Fort Worth, Texas 76102, at a cost of$ 60.00 per set (non-refundable). The major work will consist of the (approximate) following: Kermit-Bonnie Drainage Improvements-The proposed improvements consist of reconstructing the existing 36" RCP culvert with 2-4'x4' box culverts. Proposed construction will also include constructing headwalls, storm drain inlets, pipe and earthen channel access ramp. 4600 Merida Drainage Improvements-The proposed improvements consist of reconstructing the existing 24" RCP storm drain with 42" to 24" RCP storm drain . Proposed construction will also include constructing storm drain inlets and pipe. The reconstruction of approximately 300 LF of residential roadway is included at this location . Waverly Park Drainage Improvements-The proposed improvements consist of reconstructing the existing 33" & 36" RCP storm drain with a new 4'x4' box storm drain. Proposed construction will also include constructing headwalls, storm drain inlets, pipe and safety end treatments . Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. NOTICES All bidders will be required to comply with Provision 5159a of "Vernon 's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no. 7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment practices . Bid security is required in accordance with the Special Instruction to Bidders . The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities . No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of contract , if made, will be within ninety (90) days after the opening of bids , but in no case will the award be Rev 212110 TPW CNB-1 COMPREHENSIVE NOTICE TO BIDDERS 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 PROPOSAL form . Bids that do not acknowledge receipt of all addenda may be rejected as be ing non-responsive. All addenda will be made available on-line with the contract documents . Contractors and/or suppl iers are requested to register as plan holders on-line (on Buzzsaw site) in order to receive notifications regard ing the issuance of addenda . It shall be the bidding contractor's sole responsibility to verify they have received and considered all addenda, prior to submitting a bid. Bidders must complete the PROPOSAL sect ion , including the "Vendor Compliance to State Law'', and submit these executed documents or face reject ion of the bid as non-responsive . In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City of Fort Worth contracts. A copy of the Ordinance can be obtained from the office of the City Secretary . The bidder shall submit the MBE/WBE UTILIZATION FORM , SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate . The Documentation must be received no later than 5 :00 p .m ., five (5) City of Fort Worth business days after the bid opening date . The bidder shall obtain a receipt from the appropriate employee of the departmentto 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 nollresponsive . The water and sanitary sewer work must be performed by a contractor that is pre-qualified by the Water Department at the time of the bid opening . A general contractor, who is not pre-qualified by the Water Department, must employ the services of a subcontractor who is pre-qualified. The procedure for pre- qualification is outlined in the "Special Instructions to Bidders (WateF-Sewer)". SUBMISSION OF BID AND AWARD OF CONTRACT The proposal Sections Drainage and Paving within this document is designed as a package . In order to be considered an acceptable bid , the Contractor is required to submit a bid for Sections Drainage and Paving . A bid proposal submittal for a multi-unit project with only a single proposal unit complete will be rejected as being non-responsive . The Contractor who submits the bid with the lowest price , will be the apparent successful b idder for the project. Bidders are hereby informed that the Director of the Transportation and Public Works Department reserves the right to evaluate and recommend to the City of Fort Worth City Council the bid that is considered to be in the best interest of the City of Fort Worth . For additional information , please contact Craig Schellbach , P.E . w ith TranSystemsat Telephone Number: (817) 339-8950 or by email: cpschellbach@transystems .com, and/or Rick Shaffer, P .E., Project Manager, TPW Department at (817) 392-6821 or by email : Rick.shaffer@fortworthgov .org. A pre-bid conference will be he ld on Wednesday, October 13, 2010 at 2:00 p.m., Conference Room #289 in City Hall, 2nd floor. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference. DALE A. FISSELER, P .E . CITY MANAGER Advertising Dates : September 30, 201 O October 7, 2010 Rev 212110_ TPW By : ______________ _ Rick Shaffer, P .E Transportation & Public Works Department CNB-2 MARTY HENDRIX CITY SECRETARY SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation : a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids . a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement 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 . WAGE RATES: Section C3-3 .13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Right to Audit, under paragraph L of Section Cl : Supplementary Conditions To Part C -General Conditions, pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above . (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 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 a mount 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 sta tutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10 . DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with , or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with AD A's provisions and any other applicable federal, state and local laws concerning disability and will defend , indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts . A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBEIWBE 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 mi srepresentation) 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 fin a l punch li st has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g . In the event of a dispute regarding either final quantities or liquidated damages , the parties shall attempt to resolve the differences within 30 calendar days . 09/10/04 4 SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five percent (5%) of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas . In addition, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . 2. PAYMENT. PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded . In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds :furnished hereunder shall meet the requirements of Chapter 2253, Texas Government Code . In order for a surety to be acceptable to the City, the surety must ( 1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth . All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. Rev 3-13-09 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of the "General Provisions" of the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects . 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting discrimination in employment practices . 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled "Right to Audit" pertain to this inspection. ( c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above . (d) With each partial payment estimate or payroll period, whichever is less , an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Transportation and Public Works ifrequired for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8 . INSURANCE: Within ten ( I 0) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury-$500,000 each person, $1,000,000 each occurrence ($2,000 ,000 aggregate limit); Property Damage -$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. Rev 3-13-09 9. ADDITIONAL INSURANCE REQUIREMENTS: a . The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups . The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 1. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss . Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowe st bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located . Rev 3-13-09 "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications . The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts . A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive . Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of facts ( other than a negligent mi srepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts ( other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years . 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities . No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM , PRIME CONTRACTOR W AIYER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT VENTURE FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no ca se will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified . 13. PAYMENT: The Contractor will receive full payment (minus retainage) from the City for all work for each pay period . Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. Rev 3-13-09 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained on-line on City's Buzzsaw site or by contacting the City Project Manager. Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a . Definitions : Rev 3-13-09 Certain of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furni shes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Serv~ces" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor providing services on the project, for the duration of the project. c . The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certific a te 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 governmenta l entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: ( 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f . The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, 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: (I) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ( 4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten ( I 0) 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 (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. Rev 3-13 -09 J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self-Insurance Regulation . Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules . This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Contact the Texas Workers' Compensation Commission to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 16 . NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion , color, or national origin and shall comply with the provisions of City Ordinance 7278 , as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-2 l through 13A-29), prohibiting discrimination in employment practices . 17 . AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents , or employee s, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contra ct , a maximum age limit for such employment unless the specified m a ximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Rev 3-13-09 Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with AD A's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a . The contractor will receive full payment (less retainage) from the city for each pay period. b . Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed . e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days . Rev 3-13-09 Section 03 -MWBE Documentation 3.1 -MWBE Special Instructions 3.2 -MWBE Subcontractors/Suppliers Utilization Form 3.3 -MWBE Prime Contractor Waiver 3.4 -MWBE Good Faith Effort 3.5 -MWBE Joint Venture FORTW°ORTH . ""--,-w·.,. 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 M/WBE goal is applicable. If the total dollar value of the contract is less than $25 ,000, the M/WBE goal is not applicable . POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid . M/WBE PROJECT GOALS The City's M/WBE goal on this project is 18 % of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25 ,000 or more , bidders are required to comply with the intent of the City's 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. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications . The Offerer shall deliver the MWBE documentation in person to the appropriate employee of the managing department and obta in a date/time receipt. Such receipt shall be evidence that the City received the documentatiori in the time alloc_ated. A faxed copy will not be accepted. 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: 5. 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 bus iness 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 enin date, exclusive of the bid openin 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 . FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 392-6104. Rev . 11/1/05 FORT WORTH ~ City of Fort Worth ATTACHMENT 1A Page 1 of 4 7 0 -28 -10 Subcontractors/Suppliers UtilizationAF6rm Rcvo PRIME COMPANY NAME : Coric>.+s y Co Y\ --, X I II'.) l--t • o,v. / ' L---I PROJECT NAME: Kermit-Bonnie Drainage Improvements 4600 Merida Drainage Improvements Waverl Park Draina e Im rovements City 's M/WBE Project Goal: 18% Prime's M/WBE Project Utilization: Check applicable block to describe prime M/VV/DBE X NON-M/VV/DBE BID DATE 10/a....s /cJ-010 PROJECT NUMBER 00484 (DOE 5424) Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation , and received by the Managing Department on or before 5:00 p.m . five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications . The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth . The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualifi~ation and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas , Denton , Ellis, Kaufman and Rockwall counties . Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e ., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace , that have been determined to be bonafide minority or women bus inesses 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 b the M/WBE as outlined in the lease a reement. Rev . 5/30/03 fOR TWORTH --.,..-- ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL s ubc on t ractors/suppl iers , regardless of sta t us ; i.e ., Minority, Women and non-M/1/1/BEs . Please list M/1/1/BE firms first , use additional sheets if necessary . Certifi cation N {check one) 0 SUBCONTRACTOR/SUPPLIER n T T Detail Deta il Company Name i N C X M Subcontracting Work Suppl ies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A .,-(IAt--¥-i~ Of-' f-h!At oO ROB ERT GRANADOS TRUCKING o.f+ SJ rpl L<S $ 81, ~DO, 5412 Kings link Circ le v/' I Fort Worth, Texas 76135 l (8 17) 23 7-3520 ~O()C(,e...Je $~ 1/00.DO C OWTOWN RED I-MIX -=Rcdi fv{ix I PO Box 162327 ~ ,,.. Fort Wort h, Texas 7616 1 I v V V {817)759-1919 f(8)7) 759-)7)6 1 yo.f.fiL-13,crooo Roadrun ner Traffic Supply, Inc . Con-fro\ 3200 Marquita Drive / Fort Worth, Texas 76 116 I v V' S cH)~ \ i e_s, phone:8 17-244-0305 fax: 817 -244-4819 H ~ m (()e,t \ C-h..., 1, 3J I CD· oo Texas Environmental Management / sml,r-so San Antonio, Inc . I ~Qi'3 P.O. Box 369 ii Justin, TX 76247 . Phone:940648-3640 Shaunna ---f-U e,,/ ¢5;500.00 SUN COAST RES O URCES INC. J ; Teri Bateman v PO Box 972321 Da ll as, Texas 75397 V {800)677 -3835 X655 JLB Contract ing, LLC Asphalt f> U1, j 0 Dol PO Box 24131 I v V Fo rt Wo rth, Texas 761 24 (817) 261 -2991 Re v. 5/30/0 3 fORTWORTH --.....,_....- ATIACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status ; i.e., Minority, Women and non -M/WBEs . Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) 0 n SUBCONTRACTOR/SUPPLIER T N T Detail Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D Vii Telephone/Fax r B B R 0 B E E C T E A 7,'pe I :P, p-€_ $;~). RINKER MATERIALS I/ W; -W,l'l'.5S ~\'Al Lf.fS 700.~0 PO Box 730197 I " I Dall as, Texas 753 73 --0197 (817) 49 1-4 32 1 Rev . 5/30/03 FORT WORTH --...,...-- 10 - Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers V J $ $ 13 ATIACHMENT 1A Page 4 of 4 oo.o o TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Contractor will not make additions, delet ions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination . By affixing a signature to this form, the Offerer further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid . The Offerer also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners , principals, officers , employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract , by an authorized officer or employee of the City . Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements . Any failure to comply with this ordinance and create a material breach of contract may result in a determinat ion of an irresponsible Offerer and barred from participating in City work for a period of time not less than one (1) year. ~~ ;?,95; NeY\.J- Title Contact NamefTitle (if cllffe~entl -::rr\Or'l .Q... ~0-'f <m-6e>4-1'1Lf°:) 817-53 4:-4 65 lo Company Name Telephone and/or Fax Address ~-<-LWrx:th \A -,l,l \q City/State/Zip I Dat4 1 Rev. 5/30/03 FORT WORTH . -""--, ·w· ~ PRIME COMPANY NAME: PROJECT NAME: Kermit-Bonnie Drainage Improvements 4600 Merida Drainage Improvements Waverlv Park Dra inage Improvements City 's M/WBE Project Goal : 18% City of Fort Worth Prime Contractor Waiver Form PROJECT NUMBER 00484 (DOE 5424) ATIACHMENT 1B Page 1 of 1 Check applicable block to describe orime I M/W/DBE I I NON -M/W/DBE BID DATE If both answers to this form are YES , do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided , if applicable . If the answer to either question is NO , then you must complete ATTACHMENT 1C . This form is only applicable if hath answers are yes . Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.1 five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes , please provide a deta iled explanation that proves based on the size and scope of this project, NO this is your normal business practice and provide an operational profile of your business . Will you perform this entire contract without suppliers? YES If yes , please provide a detailed explanation that proves based on the size and scope of this project , this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide , d irectly to the City upon request , complete and accurate information regarding actual work performed by all subcontractors , including M/WBE(s) on this contract , the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with th is bid . The bidder also agrees to allow an aud it and/or examination of any books , records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or Local laws concerning false statements . Any failure to comply w ith this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one ( 1) year. Authorized Signatu re Printed S ignature Tit le Contact Name (i f diffe rent) Company Name Phone Numbe r Fax Number Address Email Address City/State/Zip Date Rev . 5/30/03 FORT WORTH ,..___ .•. ~ PRIME COMPANY NAME: Kerm it-Bonnie Drainage Improvements 4600 Merida Drainage Improvements Waver! Park Draina e Im rovements City of Fort Worth ATTACHMENT 1C Page 1 of 3 7 0 -2e -10Ao2. Good Faith Effort Form · 2 2 Rcv0 Check applicable block to describe M/W/DBE NON-M/W/DBE BID DATE Io 8 .;).01 City 's M/WBE Project Goal : PROJECT NUMBER 18% 00484 DOE 5424 If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal , you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5 :00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2"a tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 05/30/03 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. /ves __ No Date of Listing O lf' I o2Jf, I _J_D_ 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? V Yes (If yes , attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) __ No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Vves (If yes, attach list to include name of M/WBE firm, person contacted, phone number and date and time of contact.) __ No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of pjjins and specifications in order to assist the M/WBEs? ---1L._Yes __ No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Tele1 !hione Contact Person Se,<>pe of Woffc Reason for Rejection /DJ) 0\ i LcZ. ( A ,d ';:i. II I • ~ 0 ,,{ A (J_...A. / '--" -- '-' Rev. 05/30/03 ADDITIONAL INFORMATION: ATTACHMENT 1 C 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 p r oject. 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 substanti ate 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 underst ood that any M/WBE(s) listed in Attachment 1 C will be co ntacted and the reasons for not using them will be verified by the City's /W Offi =--===~- Title ~< Ctvr==~+(ucJ\ on\J,Lf Company Name £ D -~O)( I :5 L\'\\, g- Address ,=;{-t Wo..r-l.~ \ )(. , lo II q City/State/Zip c Printedignature &~ Contact Name and Title (if d ifferent) ia::o3L/,, , 2y 3 Phone Number ( ~e V:f?L. ~ [oY"'P..,-rj£,,. [oyf\..___ ~ailAd ress I DI d, g I c±OI D Date ! I Rev. 05/30/03 Section 04 -Bid Package 4.1 -Bid Proposal Cover and Signature Sheet 4.2 -Bid Proposal 4.3 -Vendor Compliance to State Law 4.4-List of Fittings 4.5 -Pre-Qualified Contractor List TO: The Purchasing Department City of Fort Worth, Texas PROPOSAL FOR: Kermit-Bonnie Drainage Improvements 4600 Merida Drive Drainage Improvements Waverly Park Drainage Improvements City Project No .: 00484 UNITS/SECTIONS: Unit 1 -Kermit-Bonnie Drainage Improvements Unit 2 -4600 Merida Drive Drainage Improvements Unit 3 -Waverly Park Drainage Improvements Fort Worth , Texas October 28 , 2010 Pursuant to the foregoing "Notice to Bidders," the undersigned has examined the plans , specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Water Department of the City of Fort Worth. If required by this project, Contractor must be pre-qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Worth for performing and completing sai d work within the time stated for the following sums, to wit: Total quantities given in the bid proposal may not reflect actual quantities , by represent the best accuracy based on a reasonable effort of investigation ; however, they are given for the purpose of bidding on and awarding the contract. Special Note: All contractors_are advised that one contract will be awarded to the lowest combined bid for all Units/Sections. City of Fort Worth Project Unit/Section Da te City Project # IYour Vendor Name Your Company Name Bid Items Line Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 Proj ect Manager Rick Shaffer, P. E. Kermit-Bonnie Dra inage Improvements 4600 Merida Drive Drainage Improvements Waver1y Pa rk Drainage Improvements Unit 1 -Kermit-Bonnie Drainage Imp rovements 00484 CPMS Record Number Material BID-00080 SerdveCS BID-00082 Concrete BID-00087 Concrete BID-00100 SerciveCS BID-00102 SerciveCS BID-00108 Concrete BID-00069 Concrete BID-00069 Concrete BID-00874 Concrete BID-00064 Concrete BID-00065 SerciveCS BID-00443 Asphalt BID-00445 Asphalt BID-00070 SerciveCS BID-00116 SerciveCS BID-00504 Steel BID-00423 Concrete BID-00424 SerciveCS BID-00092 Other Steel BID-00530 Concrete BID-00529 Se rciveCS BID-00414 SerciveCS BID-00147 Soil BID-00137 Vegetation BI0-00181 SerciveCS Description Pipe -Remove Pipe-24 Inch-CL Ill -Install Pipe-48 Inch-CL Ill -Install Storm Water Pollution Prevention Plan> Than 1 A c SWPPP -Install In let -Remove lnlet-ln line-20 Ft -Install Headwall -Install (PW) Headwall -Install (SETB-CD) Box Culvert-4 Ft x 4 Ft -Install Channel-Trapezoidal -Install Channel-Unclassified Excavation -Remove Pavement-2inch Min HMAC on 2/27 concrete Base (STR-028) -Install Pavement-2 Inch Min Overlay -replace (Add itional Asphalt Pavement Repair Bevond the Trench width) Headwall -Remove Manhole -Remove Sign-Project Designation -Install Curb & Gutter -Install Curb & Gutter -Remove RipRap -Install Handrail for Headwall -Install (PR1} Wal k-4 Ft -Install Walk -Remove Miscelanneous Utility Adjustment Toosoil -Install Grass-Sod -Install Traffic Control Unit of Measure · Feet Feet Feet Lump Sum Each Each Cubic Yard Cubic Yard Linear Foot Cubic Yard Cubic Yard LF Square Yards Lump Sum Each Each Feet Feet Cubic Yard Feet Square Foot Square Foot Lump Sum Cubic Yard Square Yards Lump Sum Quantitv Your Unit Price Your Bid 135 $ · (o.00 $ 810.00 34 ! s o."0 s \ 1 0 0 .00 86 i I 2..S . 0 0 ,s 10 7So.<>c 1 $ s oo. 00 $ S'00.1)0 2 ' S?-oo. oo $ I {gntJ , 0 0 2-s I.\. 'ion. oo I.$ 8 a oo .00 9.8 .$ soo.00 1.s '1.<\ 00.0 0 4 15 Soo. •• Is 2. 000.•0 120 i$ 2.3s .oo $ "1.8,200.0 • 20 Is so.oo $ 1 .. 000. 00 45 ! . 'to. 0 0 t I eoo. 00 211 ll SD. 0 0 s 1 n. sso. 00 240 ~ 12..00 $ Z., aso.oo 1 $ 2 soo .0 0 $ 2,500, .. 1 $ 5 00.00 s soo.oo 2 $ 300 .00 $ 600.00 160 $ 25.00 $ '-i,ooo .•• 160 .s g,oo $ J l.~o.•O 21 $ . 85-"0 S I, 78S.00 40 $ -~o.oo I$ 3. '-00 -"° 320 t 3. 0 0 ' Cf &,O. oo 320 ~ 2, 00 $' Col.f O. oo 1 $ 10 ,000 .00 $ 10 ,000.00 15 $ 17.00 $ 255.00 450 $ : 4 .00 s l II M ,00 1 $ 2 000 ... ! '1.,0o o.oo Total Bid This Unit s I 05., '·110.00 City of Fort Worth Project Unit/Section Date City Proj ect # !Your Vendor Name Your Company Name B i d Items Line Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 32 33 34 Project Manager Rick Shaffer, P.E. Kermit-Bonnie Orainage Improvements 4600 Merida Olive Drainage Improvements Waverly Parl< Dra inage Improvements Unit 2 -4600 Merida Drive Drai nage Improvements 00484 CPMS Record Number Material Oescrintlon BID-00080 SerciveCS Pioe -Remove BID-00082 Concrete Pioe-24 Inch-CL Ill -Install BI0-00085 Concrete Pioe-36 Inch-CL Ill -Install 810-00088 Concrete Pioe-42 Inch-CL Ill -Install BID-00 100 SerciveCS Storm Water Pollution Prevention Plan> Than 1 Ac SWPPP -Install BID-00102 SerciveCS Inlet -Remove BID-00106 Concrete lnlet-lnline-10 Ft-Install BI0-00115 Concrete Manhole (S'xS') -Install 810-00115 Concrete Manhole (4'x4') -Install BID-00443 Asphalt Pavement-2inch Min HMAC on 2/27 concrete Base {STR-028) -Install BID-00445 Asphalt Pavement-2 Inch Min Overlay-replace (Additional Asphalt Pavement Repair Bevond the Trench width) 810-00504 Steel Sign-Project Designation -Install BID-00423 Concrete Curb & Gutter -Install BID-00424 SerciveCS Curb & Gutter -Remove BI0-00618 pvc Pipe-Pressure-8 Inch -Install BID-00568 Iron Pipe Fittings-c; Than 16 Inch OJ Pipe -Install 810-00372 SerciveCS Trench Safetv SVstem 5 Foot Deoth -Install BID -00414 SerciveCS Miscelanneous Utilitv Adiustment BID-00147 Soil Topso~ -lnsta R BID-00137 Vegetation Grass-Sod -lnstaft BID-00134 Vegetation Grass-Hvdromulch Seedins, -Insta ll 810-00849 ServiceCS Manhole-Adiustment -Services BI0-00847 ServiceCS Valve Box-Adjustment -Services BID-00402 ServiceCS Driveway -Remove BID-00404 Concrete Driveway-6 Inch -Install BID-00181 SerciveCS Traffic Control BI0-00450 Concrete Pavement-6 Inch -lnstal BID-00472 ServiceCS Pavement-Unclassified Street Excavation -Remove 810-00484 lime Subgrade-6 Inch-Lime Stabilized-28 lbs/sy -Install BID-00496 lime Subgrade-lime for Stabilization-28 lbs/sv -Install 81D-00842 Concrete Curb-6 Inch -Install BID-00471 A=halt Pavement-Transition-Min 6 Inch HMAC 110 lbs/sv/in-Install 810-00401 Other Orivewav (Gravell-Install BID-00448 ServiceCS Pavement-2 Inch-Surface Milling -Install Unit of Measure Feet Feet Feet Feet Lump Sum Each Each Each Each LF Square Yards Each · Feet Feet Feet Tons Feet Lump Sum (,ubicYard Square Yards Square Yards Each Each Square Feet Square Feet lump Sum Square Yards Cubic Yards Square Yards Tons Linear Feet Tons Square Feet Square Yard ADDENDUM NO. 1 Quantity Your Unit Price Your Bid 487 $ e.oo $ 3 ~'t'-. o,o 1106 $ ,o. 00 $ Ci>~ 31PO."o 193 $ q"· o o $ Jg 528.oO 352 $ 120. 00 $ '12., 1'10.oo 1 $ soo.00 $ Soo ."" 6 $ 300 ,00 s I Roo.00 12 s 2 000 .00 s 21.\,l)00 .00 1 $ 2 ~oo . 00 s 2.Roo .00 5 s 2 iooo .•• s 13 ooo .•• 610 s 'io .oo s 2"1 l\00. 00 7 15 s 10 .00 $ 7, I S0.00 2 s 300.00 s 600.00 608 s 20.06 $ 12.1,0.•• 1146 s !;,00 s s.no .00 20 s so .0 0 s /, 000.00 0.25 s 3 000 .•0 s ?So.•• 165 1 s 2 .•• s 3, '30,.00 1 s 10.000.00 s 10.000.00 70 s 17 .00 s 1,190.00 540 $ 3,•• $ /, to-z.o .00 780 s /. oo s 7RtJ."° 4 s 360 .00 s 1.440.00 2 s 300.00 s 600.00 477 $ i,,oo $ J,'io~.o· 477 $ 8 .oo $ 3 81 "· 00 1 s 3 ooo .00 s 3 ooo.00 1376 $ 3o.00 s '11 .1.iO!e 872 s !? .o o s ~ <j7t,,O C 1479 s 3_00 s 'i.'n7 ... 21 s 1 so .00 s 3 150.0 • 748 s /. oo s 74goo 17 s <ts.•• s I ~IS•• 234 $ 2.0 6 s l.f(-f 00 715 $ s.•6 s 3,sn;. 00 Total Bid This Unit ... 0 ' N 0 ' N 0 .... 0 m w N ,s;i 0 0 "" ' 0 0 U1 City of Fort Worth Project Project Manager Rick Shaffer, P .E. Unit/Section Date City Project# Kermit-Bonnie Drainage Improvements 4600 Merida Drive Drainage Improvements Waverly Park Drainage Improvements Unit 3 • Waverly Partc: Drainage Improvements 00484 IYourVendorName I I Your Company Name · Bid Items Line Number CPMS Record Number Material 1 BID-00080 SerciveCS 2 810-00082 Concrete 3 810-00100 SerciveCS 4 810-00102 SerciveCS 5 BID-00106 Concrete 6 810-00103 Concrete 7 810-00115 Concrete 8 BlD-00069 Concrete 9 B.10-00069 Concrete 10 BI0-00874 Concrete 11 810-00443 Asphalt 12 BI0-00445 Asphalt 13 BtD-00070 SerciveCS 14 BI0-00504 Steel 15 BID-00423 Concrete 16 81D-00424 serciveCS 17 BID-00127 SerciveCS 18 BI0-00128 Steel 19 BID-00092 01her 20 81D-00530 Conaete 21 810-00529 SerciveCS 22 BID-00372 SerciveCS 23 BI0-00098 Masonrv 24 5erciveCS 25 BID-00841 Concrete 26 810-00068 Other 27 BID-00181 SerciveCS • 28 SerciveCS 29 BI0-00224 Masonrv 30 8!0-00147 Soil 31 BI0-00137 Vegetation 32 BID-00134 Vegetation 33 810-00545 Soll 34 BID-00448 ServiceCS DescriDtion Pi~e -Remove Pice-24 Inch-CL Ill -lnstan Storm Water Pollution Prevention Plan > Than 1 Ac SWPPP -Install Inlet -Remove lnlet-lnline-10 Ft-Install lnlet-Droo-> Than 4 Ft -Install Manhole (6'x61-lnstall Headwall -Install (PW) Headwall -Install (SETB-CD) Box Culvert-4 Ft x 4 Ft -lnstah Pavement-2inch Min HMAC on 2127 concrete Base (STR-028) -Install Pavement-2 Inch Min Overlay -replace (Additional Asphalt Pavement Repair Bevond the Trench width) Headwall -Remove Sign-Project Designation -Install Curb & Gutter -Install Curb & Gutter -Remove Fence -Remove Fence-Chain Link -Install RicRac -Install Walk-4 Ft -Install Walk -Remove Trench Safetv Svstem 5 Foot DeDlh -Install RicRai>-Grouted· < Than 18 Inch Rock-Install Remove and Salvaae Rock RioRao Concrete-Encasement -Install Erosion Control-Mattress -Install Traffic Control Miscelanneous Utilltv Adiustment PiDl!-Grout-Non-Shrink -Install TODSOH -Install Grass-Sod -Install Grass-Hvdromutch Seedina -Install Fin Material-Type B Backfill -Install Pavement-2 Inch-Surface Milling -Install Unit of Measure Feet Feet Lump Sum Each Each Each Each Cubic Yard Cubic Yard Linear Foot LF Square Yards Lump Sum Each Feet Feet Foot Foot <;ubic Yard Square Foot Square Foot Feet Cubic Yard Cubic Yard Linear Foot Lump Sum Lump Sum Lump Sum Cubic Yard Cubic Yard Square Yards Square Yards Cubic Yard Square Yard ADDENDUM NO. 1 Quantltv Your Unit Price Your Bid 1205 s '1,oo $ '1 ~20-•• 70 $ G>o.oo $ '1. :> 00.•0 1 $ S00.00 $ soo.00 4 $ ~on.00 $ I 2.00.•0 4 s 2 0 oo.00 S ~-''00·'° 1 s 3 nno.00 s ~ 000.00 1 s 3 !.oo.00 s 3 soo. 00 9.8 $ Soo.00 s 'i.C\on o• 4 s Soo."0 s 2 000.00 1150 s I S0-00 s 2o7. ooo.00 409 $ 'lo,00 s If,.. :tt.O. oo 940 $ 10.oo $ '1. lfoo.00 1 s 4nn.00 s 'Inn oo 2 s 300.00 s 600.00 158 s 20.00 s 3.Jloo,oo 158 s 1,,,0• s q4R,oo 50 s s.oo s '1 c:o .oo 50 s 15.00 s 75o.00 7 s I so.00 s I 11c::o.oo 41 s 5. 00 s ,os.oo 41 s 3_00 $ 123.00 400 $ (,,. oo $ 2.1100.00 29 $ g s.oo s 2 4 (.c;.oo 29 s 50.00 s I l{;o.00 20 s '1 r,. oo s 'too.oo 1 s 3 000.00 s 3 ooo. 00 1 s 4.noo.•0 s 4 onn.00 1 s 10,000.00 s 10.000.00 85 s 110.0,, $ 'l~c:n.•• 15 s 17.00 s 255.00 88 s 10.00 s 810.00 1015 s 4.0• s 2, 030.°0 365 s 15.00 $ 5.475.00 940 s ~-·· s 3,J"o.00 Total Bid This Unit S'3J8,33Loo .... 0 ' "' 0 ' "' 0 .... 0 ~ C, CD w ""' 'IJ ~ ~ 0 0 U1 ' 0 0 U1 FINAL BID SUMMARY BASE BIDS Unit 1 -Kermit-Bonn ie Drainage Improvements $ I oc;_ 4 Io. 00 Unit 2 -4600 Merida Drive Drainage Improvements $ 31 r.j '8 lct . 00 Un it 3 -Waverly Park Drainage Improvements $ ~JS?~~/ .oo TOTAL BASE BID Within ten (10) days after notification by the City of Fort Worth, the undersi gned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. If as a requirement of this project, the undersigned bidder certifies that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects, and that they have thoroughly read and completely understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assured that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction with ten (10) calendar days after issue of the work order and to complete the contract within 350 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Check One Box and complete, as applicable) 0 The principal place of business of our company is in the State of __ a. Nonresident bidders in the State of __ , our principal place of business , are required to be __ percent lower than resident bidders by state law. A copy of the statute is attached. b. Nonresident bidders in the State of __ , our principal place of business, are not required to underbid resident bidders . rgJ The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following addenda: ~dendumNo.1 · ¥~ AddendumN~e- Addendum No. 3 : Addendum No. 4: Addendum No. 5: Addendum No. 6 : Respectfully submitted, jerr-y C.of\Q.~~<r, 'Pr-e.siden~ Company: Co"'c:d:s~r Cot\S tr1A c.-\::: ot'\ "TX, L. ?. Address: 1>.o. B>o, lSY.\..\.8 For-t. Worth, it< 1Col l~ Date : 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 underb id a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications . The failure of out-of-state or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. !RI BIDDER : CooQ..t$e(Lon..strlAcb'ooJX,1 r. By: Jerry C.oo.o::ts,r, Preside.n.l Company (Please print) p.o. ~ox l 544 8 Address City/State/Zip Title:_~? ..... a_e=s~~d~e .... 6t.~-------- (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION QTY 4 1 LIST OF DUCTILE IRON FITTINGS ADD OR SUBTRACT FOR THE FOLLOWING INCLUDING INSTALLATION DUCTILE IRON WI PER IUfAL FITTING WEIGHT SIZE OF FITTING TYPE OF FITTING (lb) (lb) 8" 45 ° Bend 'roO Jl (:)0 8" MJ Solid Sleeve ':7(')0 700 Total Weight= lbs or ---- FITTINGS COST . r loo.,_ C6oo.: Tons Contractor shall fill in blanks for "Wt per Fitting", "Total Weight" and "Cost" as a part of the bid. Contractor is responsible for correct quanity total of all fittings and specials. PRE-QUALIFIED SUB-CONTRACTOR LIST SUB-CONTRACTOR Indicate Detail Company Name Unit(s)/Section(s) Subcontracting Address Working Work Teli:>nhone/Fax Section 05 -General and Special Conditions 5.1 -Part C General Conditions (water -sewer) 5.2 -Supplementary Conditions to Part C (water -sewer) 5.3 -Part D -Special Conditions (water -sewer) 5.4 -Part DA -Additional Special Condition (water -sewer) 5.5 -Part E Specifications 5.6 -Special Provisions (paving -drainage) 5. 7 -Wage Rates 5.8 -Compliance with and Enforcement of Prevailing Wage Rates 5.10 -Standard Details (paving, drainage, water, sewer and traffic) 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) Cl-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.ll 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 .11 C3-3.12 C3-3.13 C3-3.14 C3-3 .15 C4-4 C4-4.1 C4-4.2 C4-4.3 C4-4.4 C4-4 .5 C4-4.6 C4-4.7 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 Award 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 C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 CS-5 .2 CS -5 .3 CS-5.4 CS-5 .5 CS-5.6 C5-5.7 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) -~ C5-5.8 C5-5.9 C5-5 .10 C5-5.11 C5-5.12 C5-5.13 C5-5.14 C5-5.15 C5-5.16 C5-5.17 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.l 1 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6 .18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 Authority and Duties of City Inspector Inspection Removal of Defective and Unauthorized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities Interruption of Service Mutual Responsibility of Contractors Clean-Up Final Inspection LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials, and Processes Sanitary Provisions Public Safety and Convenience Privileges f Contractor in Streets, Alleys, and Right-of-Way 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) Railway Crossings C6-6 (3) Barricades, Warnings and Flagmen C6-6 (3) Use of Explosives, Drop Weight, Etc. C6-6 (4) Work Within Easements C6-6 (5) Independent Contractor C6-6 (6) Contractor's Responsibility for Damage Claims C6-6 (6) Contractor 's Claim for Damages C6-6 (8) Adjustment or Relocation of Public Utilities, Etc . C6-6 {8) Temporary Sewer and Drain Connections C6-6 (8) Arrangement and Charges for Water Furnished by the City C6-6 (9) Use of a Section or Portion of the Work C6-6 (9) Contractor's Responsibility for the Work C6-6 (9) No Waiver of Legal Rights C6-6 (9) Personal Liability of Public Officials C6-6 (10) State Sales Tax C6-6 (10) 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) 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 Delays Time of Completion Suspension by Court Order Temporary Suspension 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 C8-8 MEASUREMENT AND PAYMENT 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 C8-8.11 C8-8.12 C8-8 .13 Measurement Of Quantities 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 (4) 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 Cl-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) White White Canary Yellow Brown Green El-White E2-Golden Rod E2A-White Blue (Sample) White (Sample) White b . SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items : PART A -NOTICE TO BIDDERS (Advertisement) same as above PART B -PROPOSAL (Bid) PART C -GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E-SPECIFICATIONS PERMITS/EASEMENTS PARTF-BONDS PART G -CONTRACT PART H -PLANS (Usually bound separately) Cl-1 (1) 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, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. 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. C 1-1. 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) C 1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. 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 . C 1-1.13 CITY COUNCil.,: The duly elected and qualified governing body of the City of Fort Worth, Texas. C 1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth , Texas. 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 CONTRACTOR: 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 completed 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 Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-1.25 : LEGAL HOLIDAYS : Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. 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 July4 First Monday in September Fourth Thursday in November Forth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C 1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: Cl-I (4) AASHTO -American Association of State MGD Million Gallons Highway Transportation Officials per Day ASCE American Society of Civil CFS Cubic Foot per Engineers Second IAW In Accordance With Min. Minimum ASTM American Society of Testing Mono. Monolithic Materials % Percentum AWWA American Water Works R Radius Association I.D. Inside Diameter ASA American Standards Association O.D. Outside Diameter HI Hydraulic Institute Elev . Elevation Asph. Asphalt F Fahrenheit Ave. Avenue C Centigrade Blvd. Boulevard In. Inch CI Cast Iron Ft. Foot CL Center Line St. Street GI Galvanized Iron CY Cubic Yard Lin. Linear or Lineal Yd . Yard lb. Pound SY Square yard MH Manhole L.F. Linear Foot Max. Maximum D.I. Ductile Iron 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 necessary 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. Any type of asphaltic concrete with or without separate base material . 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3 . Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. Cl-1 (5) 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 . Cl-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. 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 state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids . The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten ( 10) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such 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 li sted in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furni shed in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2 (1) C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents . Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed . The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the 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 RE1ECTION 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 DELNERY 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) 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 one proposal for work contemplated . c) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2 (4) PART C -GENERAL CONDITIONS C3-3 AW ARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents . The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees , upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to fal se 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) C 3-3.5 AW ARD OF CONTRACT: The Owner reserves the right to withhold final actio,n 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 . PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials . This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND : A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced . by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph CS-8.10. c. PAYMENT BOND : A good and sufficient payment bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article C3-3 (2) 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 the Owner by either the Mayor or City Manager. C3-3 .9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee 's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. The filing of a proposal wiH 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. C3-3.11 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 Owner the sub-contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub -contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. C. COMPREHENSIVE GENERAL LIABil.JTY 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 .(if 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 Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against ai;iy of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and C3-3 (5) 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 de legated 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) SECTION C4-4 SCOPE OF WORK PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS : Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, 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 materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in an ticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4 (1) C4-4.4 ALTERATION OF CONTRACT DOCUMENTS : By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents , shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates , (3) materials entering permanently into the project, and ( 4) actual cost of insurance , bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and ( 4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. C4-4 (2) Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item 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 fust estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "Extra Work" whether or not initiated by a "Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4.6 CONSTRUCTION SCHEDULE : Before commencing any work under this contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification , showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by OWNER) Primavera Contractor (Version 6.1 or later or approved by OWNER) Primavera SureTrak (Version 3.x or later or approved by OWNER) Microsoft Project (Version 2003/2007 or later or approved by OWNER) It is suggested that the CONTRACTOR employ or retain the services of a qualified Project Scheduler to develop the required schedules. A qualified Project Scheduler would have the following minimum capabilities and experience. a. Experience preparing and maintaining detailed schedules, as well as 1 year of experience using approved scheduling software systems as defined in this specification. b. Knowledge of Critical Path Method of scheduling and the ability to analyze schedules to determine duration, resource allocation, and logic issues. C4-4 (3) c. Understanding of construction work processes to the extent that a logical critical path method schedule can be developed, maintained, and progressed that accurately represents the scope of work performed. 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 baseline construction schedule has been submitted by the CONTRACTOR and accepted by the OWNER. The following guidelines shall be adhered to in preparing the baseline construction schedule. a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements, and completion time. b. The construction progress shall be divided into activities with time durations no greater than 20 work days. Fabrication, delivery and submittal activities are exceptions to this guideline. c. Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. The critical path shall be clearly shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall be divided into general activities as indicated in the Schedule Guidance Document and each general activity shall be broken down into sub- activities in enough detail to achieve sub-activities of no greater than 20 days duration . The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein. For each general activity, the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts applicable to the project, the construction schedule shall indicate the following: procurement, construction, pre-acceptance activities, and 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: • 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 schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents. The requirements for each Tier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents. TIER 3 COST LOADING SPECIAL INSTRUCTIONS: 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost-loaded with the total contract dollars associated with the respective ABS elements . TIER 4 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 3 requirements, and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER' s standard items) shall be loaded into the scheduling software using the "NON- LABOR" resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars . It is intended that Earned Value will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 4 requirements, and additionally the following: • Labor resources (Man-Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and without cost. C4-4 (6) PART C -GENERAL CONDITIONS CS-5 CONTROL OF WORK AND MATERIALS SECTION CS-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 ari se 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 rea sonable time, upon written request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS : The finished project in all cases shall conform with lines, grades, cross-sections, fin ish, 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 de scribe 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 con~ict 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. CS-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas, and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work . CS-5 .5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the C5-5 (2) discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. . CS-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 unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. C5-5.l 1 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 CS-5 (4) capable of perfonning 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. CS-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 confonning 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 pennission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for ustt. 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. CS-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. CS-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 CS-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 shflll 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 c9mposition, and in large bold letters shall say : C5-5 (6) "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on ____ _ between the hours of and ___ _ This inconvenience will be as short as possible. Thank You, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5.16 MUTUAL RESPONSIBil.,ITY 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 cle an 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) C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (8) PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED:The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea or misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work . C6-6.3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract price shall include all royalties or cost arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by C6-6(1) the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with . C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement or crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer, If diversion of traffic is approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work or materials furnished by the Owner or by the City shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street , streets , or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys , or hydrants are placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. C6-6(2) The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS. ALLEYS. AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES. WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary . Bartjcades 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 compen sation, 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 salarie s of watchmen, for the sub sequent removal and disposal of such barricades , signs , or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period , as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6 .9 USE OF EXPLOSIVES, DROP WEIGHT, ETC .: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation , any company, individual , or utility, and the Owner, not less than twenty-four hours in advance of the use of any C6-6(4) 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 furni shed 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 pro secution of the work as a part of the project construction operations. The Contractor shall be re sponsible for the preservation of and shall use every precaution to prevent damage to , all tres s, shrubbery, plants, lawn s , 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 con struction of temporary fence s 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 land s which might be affected by the work . Such notice shall be made at least 48 hours in adv ance of the beginning of the work. Notices shall be applic able to both public and priv ate 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 re sulting 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 mi sc onduct in the execution of the work , or in con sequence of non-execution thereof on the part of the Contractor, he shall restore or have re stored as hi s 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 crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6 . 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. C6-6.12 CONTRACTOR'S RESPONSIBil.JTY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons , of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents, employees , contractors , subcontractors, licensees or invitees of the C6-6(6) Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage or loss, and/or personal injuries, including death, to any and all person of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or 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. fu 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 witliin 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 1 h day of the month succeeding that in which ant such damage is claimed to liave been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by the performance of this Contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or divisions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6(8) C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense . The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be made at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City ordinance, or where no ordinances applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor at his expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK : Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO W AIYER 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 authorizep 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) PART C -GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS : C7-7 .1 SUBLETIING: 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 to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work. Workmen or adjacent property will result from its use. C7-7(2) C7-7 .6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in 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 . A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later that the preceding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in 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 request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery . If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time mat be increased by Change Order. C7-7 .9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and referred by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subject to the approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7 .10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal , the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. C7-7(4) AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES PER DAY Less than $ 5,000 inclusive $ 35 .00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105 .00 $ 50,001 to $ 100 ,000 inclusive $ 154 .00 $ 100 ,001 to $ 500,000 inclusive $ 210.00 $ 500,001 to $1,000,000 inclusive $ 315.00 $1 ,000,001 to $2,000 ,000 inclusive $ 420.00 $2,000,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. 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 cau se 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 peripd, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7 .8 EXTENSION OF THETIME OF COMPLETION, and should it be C7-7(5) determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include. But not be limited to the payment for all work executed but not anticipated profits on work which has not been performed. C7-7 .14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause . The following, by way of example, but not of limitation , may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7-7(6) c. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. 1. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose . J. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A Copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is canceled, the Contractor shall discontinue the work or such part thereof as the owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents . The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents . C7-7(7) In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such work thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor 'and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT:The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENlENCE OF THE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) B. claim, demand or suit shall be required of the Owner regarding such discretionary action CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2 . place no further orders or subcontracts for materials, services or fac ilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; 4 . transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in progress , completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and b. The completed, or partially completed plans, drawings , information and other property which , if the contract had been completed, would have been required to be furnish e d to the Owner. 5. complete performance of such work as shall not have been terminated by the notice of termination; and 6 . Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination , the Contractor may submit to the Engineer a list, certified a s to quantity and quality, of any or all items of termination inventory not previously di s posed of, exclu sive of items the disposition of C7-7(9) which has been directed or authorized by Engineer, Not later than 15 days thereafter, the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after the notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived . D. AMOUNTS: Subject to the prov1S1ons of Item C7-7.l(C), the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of the work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the contract price work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits> Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph . E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of the work pursuant to this section, the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C7-7(10) 2. any claim which the Owner may have against the Contractor in connection with this contract; and 3. the agreed price for, or the proceeds of the sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial , prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; noting contained herein, however, shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H . NO LIMITATION OF RIGHTS: Noting contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or any other right which the Owner may have for default or breach of contract by Contractor. C7-7 .17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7(11) PART C -GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8. l MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. C8-8 .2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth , the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finishing costs, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other clauses, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8 .3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5 .14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, C8-8(1) and for completing the work in an acceptable manner according to the terms of the Contract Documents . The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guaranty period after the final acceptance . The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RET AINA GE: Between the 1st and the 5th day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100.00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000.00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimates may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed (such payment will be allowed on a basis of 85% of the net invoice value thereof). The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that partial estimates from month to month will be approximate only, all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quantity of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; A. all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, B. that the wage scale established by the City Council in the City of Fort Worth has been paid, and C. that there are no claims pending for personal mJury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. C8-8(3) The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereof approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract Documents, approved modifications thereof, and all alterations thereof. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item . Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one- tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the Project. C8-8.13 RECORD DOCUMENTS: The Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the C8-8(4) site, in good order and annotated to show all changes made during the construction process . These shall be delivered to the Engineer upon completion of the work. C8-8(5) SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C -GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts ofless than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five ( 5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C -General Conditions: Paragraph C3-3 .11 of the General Conditions is deleted and replaced with D-3 of Part D -Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Revised 10/24/02 Pg. 1 E . C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage , personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers , agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage , loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment , final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract . F. INCREASED OR DECREASED QUANTITIES: Part C -General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: G. The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered , increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sew er pipes in depth categories shall be interpreted herein as applying to the overall quantiti e s o f sanitary sewer pipe in each pipe size but not to the various depth categories. C3-3.11 INSURANCE : Page C3-3 (7): Add subparagraph "h . ADDITIONAL Revised 10/24/02 Pg .2 INSURANCE REQUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g . Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h . Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance . j . Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein . Revised 10/24/02 Pg. 3 m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided , in full payment for 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 - Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: Revised 10/24/02 Pg. 5 In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2 . Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.l 1 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C -General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract . Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract , and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits . ( c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: Revised 10/24/02 1. 50 copies and under -10 cents per page Pg. 6 - 2, More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter M. SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C -General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C -General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen . 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. 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 ................................................................................ 7 D-6 EXISTING UTILITIES AND IMPROVEMENTS .................................................................... 8 D-7 CONSTRUCTION TRAFFIC OVER PIPELINES .................................................................. 8 D-8 TRAFFIC CONTROL ........................................................................................................... 9 D-9 DETOURS ......................................................................................................................... 10 D-10 ' EXAMINATION OF SITE ............................................................................................... 10 D-11 ZONING COMPLIANCE ................................................................................................ 10 D-12 WATER FOR CONSTRUCTION .................................................................................... 10 D-13 WASTE MA TE RIAL ....................................................................................................... 10 D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE ........................................................ 10 D-15 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES .............................. 11 D-16 BID QUANTITIES .......................................................................................................... 11 D-17 CUTTING OF CONCRETE ............................................................................................ 11 D-18 PROJECT DESIGNATION SIGN ................................................................................... 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 D-26 SANITARY SEWER MANHOLES .................................................................................. 16 D-27 . SANITARY SEWER SERVICES .................................................................................... 19 D-28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES .................. 20 D-29 DETECTABLE WARNING TAPES ................................................................................. 23 D-30 PIPE CLEANING ........................................................................................................... 23 D-31 DISPOSAL OF SPOIUFILL MATERIAL ......................................................................... 23 D-32 MECHANICS AND MATERIALMEN'S LIEN ................................................................... 23 D-33 SUBSTITUTIONS .......................................................................................................... 23 D-34 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER .............. 24 D-35 VACUUM TESTING OF SANITARY SEWER MANHOLES ............................................ 27 D-36 BYPASS PUMPING ....................................................................................................... 28 D-37 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............ 28 D-38 SAMPLES AND QUALITY CONTROL TESTING ........................................................... 30 D-39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................................................................. 31 D-40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES .......................... 32 D-41 PROTECTION OF TREES, PLANTS AND SOIL ........................................................... 32 D-42 SITE RESTORATION .................................................................................................... 32 D-43 CITY OF FORT WORTH STANDARD PRODUCT LIST ................................................ 33 D-44 TOPSOIL, SODDING, SEEDING & HYDROMULCHING ............................................... 33 D-45 CONFINED SPACE ENTRY PROGRAM ....................................................................... 38 0-46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION .............................. 39 0-47 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ........................ 39 0-48 CONCRETE ENCASEMENT OF SEWER PIPE ........................................................... .40 0-49 CLAY DAM ..................................................................................................................... 40 02/09/2010 SC-1 PART D -SPECIAL CONDITIONS D-50 EXPLORATORY EXCAVATION (D-HOLE) .................................................................. .40 D-51 INSTALLATION OF WATER FACILITIES ..................................................................... .40 51 .1 Polyvinyl Chloride (PVC) Water Pipe .......................................................................... .40 51.2 Blocking ....................................................................................................................... 41 51 .3 Type of Casing Pipe ..................................................................................................... 41 51 .4 Tie-lns .......................................................................................................................... 41 51 .5 Connection of Existing Mains ....................................................................................... 41 51 .6 Valve Cut-Ins ............................................................................................................... 42 51 .7 Water Services ............................................................................................................ 42 51 .8 2-lnch Temporary Service Line ................................................................................... .44 51.9 Purging and Sterilization of Water Lines ..................................................................... .45 51 .10 Work Near Pressure Plane Boundaries ...................................................................... .45 51 .11 Water Sample Station ................................................................................................. .46 51.12 Ductile Iron and Gray Iron Fittings ................................................................................ 46 D-52 SPRINKLING FOR DUST CONTROL ........................................................................... .47 D-53 DEWATERING .............................................................................................................. 47 D-54 TRENCH EXCAVATION ON DEEP TRENCHES .......................................................... .47 D-55 TREE PRUNING ............................................................................................................ 47 D-56 TREE REMOVAL ........................................................................................................... 48 D-57 TEST HOLES ................................................................................................................ 48 D-58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION ......................................................................................................................... 49 D-59 TRAFFIC BUTTONS ...................................................................................................... 49 D-60 SANITARY SEWER SERVICE CLEANOUTS ................................................................ 50 D-61 TEMPORARY PAVEMENT REPAIR .............................................................................. 50 D-62 CONSTRUCTION STAKES ........................................................................................... 50 D-63 EASEMENTS AND PERMITS ........................................................................................ 50 D-64 PRE-CONSTRUCTION NEIGHBORHOOD MEETING .................................................. 51 D-65 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 EXISTING WATER SYSTEMS ...................................................................................................... 55 D-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ................................................... 56 D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION ....................................................... 56 D-71 AIR POLLUTION WATCH DAYS ....................................................................................... 57 D-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ............................................ 57 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 of the Contract. Anyth ing contained in this Part D that is additive to any provis ion in Part C -General Conditions and part C 1 -Supplementary Cond itions to Part C of the Contract are to be read together. Any conflict between Part C -General Conditions and Part C1 -Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: PROJECT DESCRIPTION KERMIT-BONNIE DRAINAGE IMPROVEMENTS 4600 MERIDA DRIVE DRAINAGE IMPROVEMENTS WAVERLY PARK DRAINAGE IMPROVEMENTS FORT WORTH, TEXAS CITY PROJECT NO . 00484 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 t.he other shall be accomplished or furnished in a faithful manner as though requ ired 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 : 02109/2010 SC-3 PART D -SPECIAL CONDITIONS 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102 . The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL : A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security , to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered . The Bidders must have the proposal actually delivered . Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102. B . WITHDRAWING PROPOSALS : Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may , at the option of the Owner, be returned unopened. C . TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time . If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. 02/09/2010 SC-4 -PART D -SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes , weekly meetings at the job site may be required to maintain the project on the desired schedule. The contractor shall be present at all meetings. D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions : 1. Certification of coverage ("certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the comm ission , 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 de livering 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 to ilets . 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 ent ity : 1. A certificate of coverage , prior to that person beg inning work on the project , so the governmental entity will have on file cert ificates of coverage show ing 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 entity in writing by certified mail or personal delivery , within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice , in the text , form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered , and stating how a person may verify coverage and report lack of coverage . I. The contractor shall contractually require each person with whom it contracts to prov ide services on a project, to: 1. Provide coverage , based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401.011 (44) for all of its employees providing services on the project , for the duration of the project ; 2 . Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; 4 . Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage , prior to the other person beginning work on the project ; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5 . Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6 . Notify the governmental entity in writing by certified mail or personal delivery , within ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project; and 02/09/2010 SC-6 PART D -SPECIAL CONDITIONS 7. Contractually require each person with whom it contracts , to perform as required by paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services . 8. By signing this contract or providing or causing to be provided a certificate of coverage , the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project , that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or , in the case of a self-insured , with the commission 's Division of Self-Insurance Regulation . Providing false or misleading information may subject the contractor to administrative , criminal , civil penalties or other civil actions . 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered , and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 po int 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 the ir employer or status as an employee ." Call the Texas Worker's Compensation Commission at (512) 463-3642 to receive information on the legal requirement for coverage , to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project, it will be necessary to deactivate, for a period of time , existing lines . The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines . D-5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or san itary 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 02/09/2 010 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 , elect r ical 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 not ify 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 al ignment. 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 . 0-8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. Unless otherwise included as part of the Construction documents, the Contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Professional Engineer (P.E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference . The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed ' issued the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City . If it is determined that a sign must be removed to permit 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. 02109/2010 SC-9 PART D -SPECIAL CONDITIONS D-9 DETOURS The contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. D-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D-11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . D-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. D-13 WASTE MA TE RIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include , but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition , on the ' next estimate payment ( and all subsequent payments until completed) of the appropriate bid item( s) will be reduced by 25%. · " ~} Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway ; right- 02109/2010 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. 0-15 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 outs ide 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 , notificat ion 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 s ix feet of a high voltage line without protection having been taken as outlined in Paragraph (3). 0-16 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities . There is no limit to which a bid item can be increased or decreased . Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4 .3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities . 0-17 CUTTING OF CONCRETE When existing concrete is cut , such cuts shall be made with a concrete saw . All saw ing shall be subsidiary to the unit cost of the respective item. 0-18 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 rehab ilitation or replacement is being conducted . Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades . Barricade signs shall be in accordance with Figure 30 , except that they shall be 1 '-0 " by 2'-0" in size . The information box shall have the following information : For Questions on this Project Call : (817) 392-8306 M-F 7:30 am to 4 :30 p.m . or (817) 392-8300 Nights and Weekends Any and all cost for the required materials , labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-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 cush ion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction , Item 504 . At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction , Item 502 . Payment for cutting , backfill, concrete , forming materials and all other associated appurtenances required , shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair . D-20 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under var ious 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 Div ision 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 . D-22 2:27 CONCRETE Transportation and Publ ic Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures STR-028 ,STR-029 and STR-031 refer to using 2:27 Concrete as base repair. Since this call-out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D-23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots , driveways , gravel surfaced roads , within easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2 Backfill · and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified here in. 1. TRENCH EXCAVATION : In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded , either through accident or otherwise , and if the Engineer determines that the design loadings of the pipe will be exceeded , the Contractor will be required to support the pipe with an improved trench bottom . The expense of such remedial measures shall be entirely the Contractor's own . All trenching operations shall be confined to the width of permanent rights-of-way, permanent easements , and any temporary construction easements . All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8 . Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas , with a map showing the location and depth of the various test holes . If excavated material is obviously granular in nature, containing little or no plastic material , the Engineer may waive the test report requirement. See E1-2 .3, Type "C" or "D" Backfill , and E2-2.11 Trench Backfill for additional requirements. When Type "C" back-fill material is not suitable , Type "B" backfill material shall be used only with the consent and approval of the Engineer. In general , all backfill material for trenches in existing paved streets shall be in accordance with Figure WTR-029 . Sand material specified in WTR-029 shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces , lumps of clay, soil, loam or vegetable matter and shall meet the following gradation : 02/0912010 SC-13 PART D -SPECIAL CONDITIONS • Less than 10% passing the #200 sieve • P.I. = 10 or less Addit ionally , the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 All other provisions of this section shall remain the same. 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M . 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 typica l 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 cond itions will permit repaving . If paving conditions are not su itable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date . A permit must be obtained from the Construction Services Section by the Contractor in conformance with Ordinance No . 3449 and/or Ordinance No . 792 to make utility cuts in the street. The Construction Services section will inspect the paving repair after construction . This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Construction Services section . D-25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins . The requirements of this item govern all trenches for mains , manholes , vaul t s , service lines , and all other appurtenances. The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas . The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. B. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Hea lth Administration Standards, 29 CFR Part 1926 , Sub-Part P -Excavations , are hereby made a part of this specification and shall be the minimum governing requirements for trench safety . C . DEFINITIONS : 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width , where the width measured at the bottom is not greater than fifteen (15) feet. 2 . BENCHING SYSTEM -Benching means excavating the s ides 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 along as the work progresses. Shields can be either pre-manufactured or job-built in accordance with OSHA standards . 5. SHORING SYSTEM -Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave- ins . Shoring systems are generally comprised of cross-braces, vertical rails , (uprights}, horizontal rails (wales) and/or sheeting . D. MEASUREMENT -Trench depth is the vertical measurement from the top of the existing ground to the bottom of embedment or bottom of excavation . The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. E. PAYMENT -Payment shall be full compensation for safety system design, labor, tools , materials, equipment and incidentals necessary for the installation and removal of trench safety systems . D-26 SANITARY SEWER MANHOLES A. GENERAL: The installation, replacement , and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans , and/or as described in these Special Contract Documents in addition to those located in the field and ident ified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc ., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. For new sewer line installations , the Contractor · shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines . The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction . 1. CONCRETE COLLARS : Concrete collars will be required on all manholes specified as per COFW Standard Detail SAN -009. 2 . DELETED 3 . LIFT HOLES : All lift holes shall be plugged with a pre-cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4 . FINAL RIM ELEVATIONS : Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground . The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole . 02109/2010 SC-16 PART D -SPECIAL CONDITIONS Manholes in open fields, unimproved land , or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. MANHOLE COVERS: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be PAMREX, or approved equal, with 30-inch clear opening . Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished . Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans . 6 . SHALLOW CONE MANHOLES : Shallow manhole construction will be used when manhole depth is four (4) feet or less . All shallow cone manholes shall be built in accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots . NOTE: MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED . 7 . MANHOLE STEPS : No manhole steps are to be installed on any sanitary sewer manhole . 8 . EXTERIOR SURFACE COATING : Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol ," or equal to , a minimum or 14 mils dry film thickness . 9. MANHOLE JOINT SEALING : All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department , excluding only the joints using a trapped type performed 0-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent-Seal , Ram-Nek , E-Z Stick , or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation , evaporation , or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking, hardening , or oxidizing regardless of the length of time it is exposed to the elements . The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years . B. EXECUTION : 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above-specified materials . All surfaces to be in contact w ith 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 Bitumast ic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 02/09/2 010 SC-17 PART D -SPECIAL CONDITIONS 2 . SEALING AND/OR ADJUSTING EXISTING MANHOLES : Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings . Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings t hat 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 sect ion . 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 flex ible 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 jo int 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 , wh ich 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 . 0-27 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 utiliz ing standard factory manufactured tees . City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis . The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6 .15 . D. SEWER SERVICE RECONNECTION : When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap . The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees . The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications, all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill, saddles, tees, fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line . If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing, whether on public or private property, the City shall provide line and grade for the sewer service lines as shown on the project plans . Prior to installing the applicable sewer main or lateral and the necessary service lines , the Contractor shall verify (by de-holing at the building clean-out) the elevations 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 Engineer) requirement is satisfied . Elevations shall also be verified at all bend locations on the service re-route . All applicable sewer mains, laterals and affected service lines that are installed without pre-construction de-holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de-holing is conducted . All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied. If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans, the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied. Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for which no grade verification has been submitted . All re-routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense . The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings. The fitting shall be a urethane or neoprene coupling A.S.T.M . C-425 with series 300 stainless steel compression straps. The Contractor shall remove the existing clean-out and plug the abandoned sewer service line. The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property. Furthermore, the contractor shall utilize the services of a licensed plumber for all service line work on private property. Permit(s) must be obtained from the City of Fort Worth Development Department for all service line work on private property and all work related to the service line must be approved by a City of Fort Worth Plumbing Inspector. A copy of the plumbing permit shall be provided to the Engineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be provided to the Engineer upon completion of the sanitary sewer re-route. Payment for work and materials such as backfill, removal of existing clean-outs, plugging the abandoned sewer service line, double checking the grade of the installed service line, pipe fittings, surface restoration on private property (to match existing), and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line replacement on private property or public right of way . Payment for all work and material involving the "tap" shall be included in the price bid for sanitary sewer service taps . D-28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer . This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-2.7 Removing Pipe, of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition . 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 : Ex isting 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 ex isting 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 restorat ion shall be compatible with the existing surrounding grade . G . ABANDONMENT OF MANHOLES : Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete . Manhole top or cone section shall be removed to the top of the full barrel diameter section, or to point not less than 18 inches below final grade . The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding service surface. Payment for work involved .in backfilling , plugging of pipe(s) and all other appurtenances required , shall be included in the appropriate bid item -Abandon Existing Sewer Manhole . 02/09/2010 SC-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. CUTIING 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. 02109/2010 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 2% pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows : Type of Utility Color Code Water Safety Blue Sewer Safety Green Legends Caution! Buried Water Line Below Caution! Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability . Allow a minimum of 18 inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes , and all other associated appurtenances required shall be included in the unit price bid for the appropriate bid item(s). D-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 SPOIUFILL MATERIAL Prior to the disposing of any spoil/fill material, the Contractor shall advise the City of Fort Worth's Flood Plain Administrator ("Administrator"}, of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No . 10056). All 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 quality , which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified . Where the term "or equal ", or "or approved equal " is used, it is understood that if a material , product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City . If a product of any other name is proposed for use , the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute . Where the term "or equal ", or "or approved equal " is not used in the specifications , this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose . However, the Contractor shall have the full responsibility of proving that the proposed substitution is , in fact , equal, and the Engineer, as the representative of the City , shall be the sole judge of the acceptability of substitutions . The provisions of this sub-section as related to "substitutions " shall be applicable to all sections of these specifications. 0-34 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured-in-place pipe, fold and form pipe , slip-line, etc.), shall be cleaned , and a television inspection performed to identify any active sewer service taps , other sewer laterals and their location . Work shall consist of furnishing all labor, material , and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television . Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation . The equipment shall also have a selection of two or more high-velocity nozzles . The nozzles shall be capable of producing a scouring act ion 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 ca rry its own water tank, auxiliary engines , pumps , and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease . If sewer cleaning balls or other equipment , which cannot be collapsed , is used , special precautions to prevent flooding of the sewers and public or private property shall be taken . The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible . 2 . CLEANING PROCEDURES : The designated sewer manholes shall be cleaned using high- velocity jet equipment. The equipment shall be capable of removing dirt , grease , rocks, sand, and other materials and obstructions from the sewer lines and manholes . If cleaning of an entire section cannot be successfully performed from one manhole , the equipment shall be set up on the other manhole and cleaning aga in 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. 0 2/0912010 SC-24 PART D -SPECIAL CONDITIONS When additional quant ities 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 ent ire 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, equ ipment shall be removed and no payment will be made for an unsatisfactory inspection . B. EXECUTION : 1. TELEVISION INSPECTION : The camera shall be moved through the line in either direction at a moderate rate , stopping when necessary to permit proper documentation of any sewer service taps . In no case will the television camera be pulled at a speed greater than 30 feet per minute . Manual winches , power winches , TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line . When manually operated winches are used to pull the television camera through the line , telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized . All television inspection videotapes shall have a footage counter . Measurement for location of sewer service taps shall be above ground by means of meter device . Marking on the cable , or the like , which would require interpolation for depth of manhole, will not be allowed . Accuracy 02/09/2 010 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 came ra , 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 d iscernible 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 photograph ing does not interfere with the Contractor's operations . 4 . VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the telev ision inspection 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 televis ion camera . THE TAPES SHALL BE SUBMITIED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS . Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected . The Engineer will return tapes to the Contractor upon completion of review . All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. C. PAYMENT OF CLEANING AND PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS : The cost for Pre -Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily 02/09/2 010 SC-26 PART D -SPECIAL CONDITIONS evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal , transportation and disposal of sand and debris from the sewers to a legal dump site . Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis . The primary purpose of clean ing is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made . The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances , when it becomes lodged during inspection , shall be incidental to TV Inspection . The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable , regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D-35 VACUUM TESTING OF SANITARY SEWER MANHOLES A. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes . B. EXECUTION : 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting with 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 (1 O"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. The required test time shall be determined from the Table I below in accordance with ASTM C1244-93: 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 Oto 16 ' 40 sec . 52 sec. 18 ' 45 sec . 59 sec . 20' 50 sec. 65 sec . SC-27 PART D -SPECIAL CONDITIONS 22 ' 55 sec . 72 sec . 24' 59 sec. 78 sec. 26 ' 64 sec . 85 sec. 28' 69 sec . 91 sec . 30' 74 sec. 98 sec . For Each 5 sec. 6 sec. Additional 2' 1. ACCEPTANCE : The manhole shall be considered acceptable , if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time . Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test, the manhole shall be restored to its normal condition , all temporary plugs shall be removed , all braces , equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C . PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material , labor, equipment, and all incidentals , including all bypass pumping, required to complete the test as specified herein. D-36 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabil itated 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 cross ings 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 incidenta l to rehabilitation or replacement of the sewer line . D-37 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL : After construction , ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub-Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television . Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection . Lighting for the camera shall be operative in 100% humidity conditions . The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the 02/09/2010 SC-28 PART D -SPECIAL CONDITIONS satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection . C. EXECUTION : 1. TELEVISION INSPECTION : The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line . No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew . The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter . Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole , will not be allowed . Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera , under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection . Sanitary sewer mains must be laced with enough water to fill all low pints . The television inspection must be done immediately following the lacing of the main with no water flow . If sewer is acfr,(e, flow must be restricted to provide a clear image of sewer being inspected. 2 . DOCUMENTATION : Television Inspection Logs : Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer ·service tap observed during inspection . All television logs shall be referenced to stationing as shown on the plans . A copy of these television logs will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 4 . VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed . Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection 02/09/2010 SC-29 PART D -SPECIAL CONDITIONS and may be retained a maximum of 30 calendar days. Equipment shall be prov ided to the City by the Contractor for review of the tapes . Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re- televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera . D. PAYMENT OF POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS : The cost for post-construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed . All costs associated with this work shall be included in the appropriate bid item -Post-Construction Television Inspection . The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable , regular sewer service to the area residents . All bypass pumping shall be incidental to the project. 0-38 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish , at its own expense , certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used , and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken . The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto . B. Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and morta r which are to be used later in the concrete . The Contractor shall provide a certified copy of the test results to the City . C. Quality control testing of in-place material on this project will be performed by the city at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commerc ial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing . The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested . 02/09/2010 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. D-39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION : This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations . The temporary measures shall include dikes, dams , berms, sediment basins , fiber mats, jute netting, temporary seeding , straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right- of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes , ponds or other areas of water impoundment. Such work may involve the construction of temporary berms , dikes , dams , sediment basins , slope drains and use of temporary mulches , mats, seeding , or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features , but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing , excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading , mulching, seeding , and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic , temporary soil-erosion-control measures shall be performed as directed by the Engineer . 2 . Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . 3. Frequent fordings of live streams will not be permitted ; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary . Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams . 4 . When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream . Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream . 5 . All waterways shall be cleared as soon as practicable of false work , piling , debris or other obstructions placed during construction operations that are not a part of the finished work . 02/09/2010 SC-31 PART D -SPECIAL CONDITIONS 6. The Contractor shall take sufficient precaut ions 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 st reams , 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 ext ra 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 activ ities 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. 02/09/2 010 SC -32 PART D -SPECIAL CONDITIONS D-43 CITY OF FORT WORTH STANDARD PRODUCT LIST Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List, for the bid to be considered responsive. Products and processes listed in the "City of Fort Worth Standard Product List shall be considered to meet City of Fort Worth minimum technical requirements . D-44 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community Services Department Specifications for Topsoil, Sodding and Seeding . 1. TOPSOIL DESCRIPTION : This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material, in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS : Topsoil will be secured from borrow sources as required to supplement material secured from street excavation . All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways . 2. SODDING DESCRIPTION : Sodding will consist of furnishing and planting Bermuda, Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces , in median strips, on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification . Recommended Buffalo grass varieties for sodding are Prairie and 609. MATERIALS : Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense , thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots . St. Augustine grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn . Care shall be taken at all times to retain native soil on the roots of the sod during the process 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 02/09/2010 SC-33 PART D -SPECIAL CONDITIONS watered to the extent requ ired 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 operat ions 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 RA TE; (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 Eng ineer so as to prevent washing of the slopes or dislodgment of the seed . 02109/2010 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 obta ined . "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 sha ll then be planted at the rate required and the application shall be made uniformly . If the sowing of seed is by hand rather than by mechanical methods, seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1/8) inch. The planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING : The soil over the area shown on the Drawings, or as directed to be seeded , shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed . The area shall then be finished to line and grade as specified under "Finishing" in Section D-45 , Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened . After the watering, when the ground has become sufficiently dry to be loose and pliable, the seed , or seed mixture specified , shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand , rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time , provided the specified uniform rate of application for both is obtained . After planting , the seed shall be raked or harrowed into the soil t o 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 requ irements 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 . Applicat ions 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 comple te fi lm is obtained and the finished surface shall be comparatively smooth . 02109 /2010 SC-36 PART D -SPECIAL CONDITIONS RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES : Areas whe re temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120.2(2)a . The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration. * Slit-seeding , is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4 . HYDROMULCH SEEDING : If hydro mulch seeding is provided , seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes . 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS : FERTILIZER DESCRIPTION : "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance w ith these Specifications . MA TE RIALS : All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis . The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law . A pelleted or granulated fertilizer shall be used with an analysis of 16-20 - 0 or 16-5-8 or having the analysis shown on the Drawings . The figures in the analysis represent the percent of nitrogen , phosphoric acid , and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists . In the event it is necessary to substitute a fertilizer of a different analysis , it shall be a pelleted or granulated fertilizer with a lower concentration . Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS : When an item for fertilizer is included in the Drawings and proposal , pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry and in good physical condition . Fertilizer that is powdered to caked will be rejected . Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings, fertilizer shall be applied uniformly at the average rate of three hundred (300) pounds per acre for all types of "Sodding " and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site . Measu rement 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" w ill 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 ma terials , 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 act ive file for these manholes . The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces . 02109/2010 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 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted . D-48 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diamete r 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 C ity . 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 (includ ing 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 verificat ion of existing utilities per item D-6 . Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Enginee r, 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 Plast ic 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 , bedd ing , blocking , detectable tapes and all other associated appurtenant required, shall be included in the linear foot pr ice bid of the appropriate BID ITEM(S). 02/09/2 010 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 cons idered to be included in the linear foot bid price of the pipe or the bid price of the valve . 51.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provis ions of E 1-15, E 1-5 and E 1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects . The steel casing pipe shall be supplied as follows : 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 t hickness for casing pipe used shall be 0 .375 inch . Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non- concrete pipes when installed in casing . Installation shall be as recommended by the Manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E 1-15 and Construction standard E2-15 as per Fig . 110 of the General Contract Documents . 3. PAYMENT: Payment for all materials, labor, equipment, excavation , concrete grout , backfill , and incidental work shall be included in the unit price bid per foot. 51.4 Tie-Ins The Contractor shall be responsible for making tie-ins to the existing water mains . It shall be the responsibility of the Contractor to verify the exact location and elevation of the existing line tie-ins . And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction. The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe . 51.5 Connection of Existing Mains The Contractor shall determine the exact location , elevation , configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece . Any differences in locations, elevation, configuration , and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down ex isting mains in order to make proposed connections , such down time shall be coordinated with the 02/09/2010 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 CS-5.15 INTERRUPTION OF SERVICE, Page CS-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location , time , and schedule of the service interruption . The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linea r 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 requ ired approved manufactured service branches. All materials used shall be as specified in the Material Standards (E 1-17 & 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 saddle when required, and 1-inch corporation from the main line to the meter box . All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interrupt ion will be required as specified in Section CS-5.15 INTERRUPTION OF SERVICE . 02/09/2010 SC-42 PART D -SPECIAL CONDITIONS All water service meters shall be removed, tagged , and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber . 1. WATER SERVICE REPLACEMENTS : Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction . The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings , and co rporation stop . Payment for all work and materials such as backfill , fittings , type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line with in 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 relocat ions 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 requ ired , 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 serv ice 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 1-18A -Reinforced Plastic Water Meter Boxes . Payment for all work and materials such as backfill, fittings, type K copper tubing , and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains . Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box . 1. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the contractor shall furnish approved factory manufactured branches . Payment for multiple service branches will include furnishing and installing the multiple serv ice branch only and all other cost will be included in other appropriate bid item(s). 2 . MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 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 coord inating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service . 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. 02/09/2 010 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 . 51.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary . Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 02/09/2010 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 requi red in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge ; however, the Contractor will be required to pick up this item at the Field Operations Warehouse . PAYMENT FOR FIGURE 34 INSTALLATIONS : Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required}, corporation stops , and fittings shall be included in the price bid for Service Taps t o Main . Payment for all work and materials necessary for the installation of the sampling station , concrete support block , curb stop, fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . PAYMENT FOR FIGURE 33 INSTALLATIONS : Payment for all work and materials necessary for the installation tap saddle , gate valve , and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampl ing 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 FITIINGS: All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E1-7 . The price bid per ton of fittings shall be payment in full for all fittings , joint accessories , polyethylene wrapping , horizontal concrete blocking , vertical tie-down concrete blocking , and concrete cradle necessary for construction as designed . All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E 1-13 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 . 02109/2010 SC-46 PART D -SPECIAL CONDITIONS D-52 SPRINKLING FOR DUST CONTROL All applicab le 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 cons idered to this contract. 0-53 DEWA TERI NG The Contractor shall be responsible for determining the method of dewatering operat ion 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 . 0-54 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 . 0-55 TREE PRUNING A. REFERENCES: Nat ional 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 . 02/09/2010 SC-47 PART D -SPECIAL CONDITIONS 9 . Backfill and compact the trench immediately after trenching . 10 . Place a 3-foot wide by 4-inch deep cover of mulch over the trench as requ ired 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 with in 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 cont ract 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 th is 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 investigat ions, as he deems necessary to determine the nature of the material to be excavated . The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected by the geology of the site . The cost of all rock removal and other associated appurtenances , if required, shall be included in the linear foot bid price of the pipe. 02/09/2010 SC-48 PART D -SPECIAL CONDITIONS D-58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project, the contractor shall , on a block by block basis , prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that w ill 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 perm itted 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 responsib ility of the contractor and shall be considered a subs idiary item . In the event that the contractor prefers for the Signals, Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings , the contractor shall contact SSMD at (817) 392-8770 and shall reimburse SSMD for all costs incurred , both labor and material. No additional compensation shall be made to the contractor for this reimbursement. 02/09/2010 SC-49 PART D -SPECIAL CONDITIONS D-60 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways , streets, sidewalks, etc . whenever possible. When it is not possible , the cleanout stack and cap shall be cast iron . Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts . D-61 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base . The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item . The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance responsibil ity upon such mobilization . No additional compensation shall be made for maintaining the temporary pavement. D-62 CONSTRUCTION STAKES The City , through its Surveyor or agent, will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional practice, establishing line and grades for roadway and utility construction , and centerlines and benchmarks for bridgework . These stakes shall be set sufficiently in advance to avoid delay wheneve r practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc .), and one set of excavation/or stabilization stakes , and one set of stakes for curb and gutter/or paving. It shall be the sole responsibility of the Contractor to preserve , maintain, transfer , etc ., all stakes furnished until completion of the construction phase of the project for which they were furnished . If the City or its agent determines that a sufficient number of stakes or markings provided by the City, have been lost, destroyed , or disturbed , to prevent the proper prosecution and control of the work contracted for in the Contract Documents, it shall be the Contractor's responsibility , at the Contractor's sole expense , to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents . D-63 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction , right-of-entry agreements , and/or permits to perform work on pr ivate property. The City has attempted to obtain the temporary construction and/or right-of-entry agreements for properties where construction act ivity is necessary on City owned facilities , such as sewer lines or 02/09/2 010 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 with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required . No additional payment will be allowed for this item. The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for thoroughly reviewing, understanding and complying with all provisions of such permits, including obtaining the requisite insurance, and shall pay any and all costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way . For railroad permits , any and all railroad insurance costs and any other incidental costs necessary to meet the conditions associated with permit(s) compliance, including payment for flagmen , shall be included in the lump sum pay bid item for "Associated Costs for Construction within Railroad / Agency Right-of-way ". No additional compensation shall be allowed on this pay item . 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 RA TES 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 . 02/09/2010 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 Violat ions 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 determ ination, before the 31st day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City 's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation . Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258 .023 , Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitrat ion 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 wo rk, 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 consp icuous place at the site of the project at all times . Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise requ ire all of its subcontractors to comply with paragraphs (a) through (g) above . (Wage rates are attached at the end of this section.) (Attached) 0210912010 SC-52 PART D -SPECIAL CONDITIONS D-66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP . Nothing in this specification shall be construed to void any provision of a contract 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 , which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents. D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the 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 st abi lization 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 util ized, 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 applicat ion 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 employe·d 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 w ith 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 . 02109/2010 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 . 02109/2010 SC-55 PART D -SPECIAL CONDITIONS 0-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in sole discretion may require, including but not limited to manpower and equipment records , information about key personnel to be assigned to the project , and construction schedule , to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame . Based upon the City 's assessment of the submitted information , a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 0-70 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of the essence in the complet ion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule , the following process shall be applicable : The work progress on all construction projects will be closely monitored . On a bi-monthly basis the percentage of work completed w ill be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken : 1. A letter will be mailed to the contractor by certified mail , return rece ipt requested demanding that , within 10 days from the date that the letter is received , it provide sufficient equipment , materials and labor to ensure completion of the work within the contract time . In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time . 2 . The Project Manager and the Directors of Water Department , and Department of Transportation and Public Works w ill be made aware of the situation . If necessary , the City Manager's Office and the appropriate city council members -may also be informed . 3. Any notice that may , in the City 's sole discretion, be required to be provided to interested individuals will distributed by the Water Department 's Public Information Officer. 4 . Upon receipt of the contractor's response, the appropriate City departments and directors will be notified . The Water Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals . 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract , the bonding company w ill be notified appropriately . 0 210912010 SC-56 PART D -SPECIAL CONDITIONS D-71 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON , within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m . -10 :00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m . whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10 :00 a.m . if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting ", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6 :00 p.m ., on a designated Air Pollution Watch Day , that day will be considered as a weather day and added onto the allowable weather days of a given month . D-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS Contractor is required to secure a Street Use Permit , issued by the City of Fort Worth Transportation and Public Works Permit Center (817-392-6594) prior to any work in public right of way. Permit will not be issued without a traffic control plan sealed and signed by a registered professional engineer licensed to practice in the State of Texas . Failure to acquire the proper permit and permission may result in a fine of $500/day to the contractor performing the work . Payment by the contractor for all Street Use Permits shall be considered subsidiary to the contract cost and no additional compensation shall be made . END OF PART D -SPECIAL CONDITIONS 02/09/2010 SC-57 PART D -SPECIAL CONDITIONS (To be printed on Contractor's Letterhead) Date : CPN No .: Project Name: Mapsco Location : Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON WATER AND/ OR SEWER LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FL YER HANDY WHEN YOU CALL 02109/2010 SC-58 02109/2010 PART D -SPECIAL CONDITIONS Date: ____ _ DOE NO. X.XXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON-------- BETWEEN THE HOURS OF _______ AND ______ , IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALL: MR. AT _________ _ (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. ___________ AT _________ _ (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, __________ ___,CONTRACTOR SC-59 F 0 r 0 ff i C e u s e n I y 0 ,T A H p A 'O N E s H A p [j T D H D L PART D -SPECIAL CONDITIONS ~-:1~)r•~_-_· DEMOLITION/ RENOVATION ·~ NOTIFICATION FORM T D H NOTIFICATION# ________ _ TEXAS OEPARTME.NTOF HEALTH NOTE: CIRCLE ITEMS THAT ARE AMENDED t) Aba:ement Contrector: ___________________ TDH License Number.'------- Adctress .: City; State : Zip: ___ _ Office Phone Number: .__.__ __________ Job Site Phone Numb01 : _____________ _ S:Ite Supervisor: TDli License Number:--------------- Sile SupcMS(lr: TOH License Number:. ______________ _ Trained On-Site NESHAP lndivi du.al: _______________ Certification Date: _______ _ Demolition Con!ractor: ______________ Otfice Phone Number~'------------ Adc1ess : Ci:~•: Ste.te : ___ -'Zip: ___ _ 2) Project Consul'!ant or 0pera1or:. ________________ TDH License Number: _____ _ Malling Address: ______________ --=-=-----,---,---,------------ Clty: State: ____ Zip·._ ____ Office Phone Number :--------- 3) Faclli~•O,,i.•ner. ___________________________ -_______ _ AllcntiOn: _____________________________________ _ Mailing Address: ___________________ ---------,---------- City: S1ate: Zip · Owner Phone Number{,....,).__. ___ _ "Noto: Tho invoico fgr tho notification feo wlll be sentto the owner of the building and lhe billing :address for the invoice will be obtained from tho lnro,m::ation tt,;:it Is l){ovided In thi1; section. 4) DescriptiO<'I or Facility Narne=-------------------------------Physical Addre5,s ; _____________ County: City: _______ Zlp: ___ _ Facllily Phone Number Facility Contact Person: ___ -. _________ _ Descript ion of Area/Room Number: ____________________________ _ Prior Use: _______________ Fu!urs Use: _________________ _ Age oi 61.JildifK.!ifacility : Size: Number of Floors: _____ School {K • 12): C YES C NO 5} Type of Work: n Demolitlon o Renovation (Abatement) o Annual Consolidated Work will be during: 0 Day o Eveoing o Night :-: Phased Projeci Descri ption of work schedule: ______________________________ _ 6) Is this a Public Building? :-: YES NESHAP•Only Facility? 0 YES 0 NO Federal Facility? ::::i YES : NO Industrial Site? D YES n NO 0 NO Is Buildingl Facilfly Occupfecf? t l YES Li NO 7) No1ification Type CHECK ONLY ONE V c Original {10 Working Dayr;) : Cancellation c Amemlment O Emergency/Ordered I D I a ti 0 n ? H 1his is an amen dment, which amendmen1 nu mber is this ?_ (Enclose copy of origin.ii and/or last amendment) If an emergency, who did you talk w ith at mH? Emergency#; ______ _ Date :md Hour of Etner{;iln cy (HHIMM.IDD/YY}:. _______ _ DBSCriplion of lhe sudden, unexpected event end explenalion of ho,.., tho event ca.used unsafe conditions or Would cause equi pment da m ~e {computer s. machinery. etc. ______________ ~---------- O 8) .Descriplion of procedures :0 be followed In the eveiit that UM.xpceted a.sibestos is found or previously nQn-friable Y i ssbestos material becomes crumbled. pu l~·er ized. or reduced lo powder:-----------~----- E' s 9) '!Nas en Asbes1os s-urvey performed? J YES Q NO Oat e : I TOH Inspect or Lice11Se No; _____ _ G .Anelylic.;il Method; 0 PLM O TEM D Assumed TOH Laboratory License No: ------ N (For TAHPA (public buik ling) projects : an ass1,1mption must be made by a TDH Licensed Inspector) 10) Oesc.ription of plann ed demolif1M or renovation work, type of material, end method(s) to be used,..:_~----- i 1) De~cription of work prac4ices ,a n d engineering controls to be used to pro~·cnt emissions of asbestos a t l:he demolitio..,,.1i'renovJ:Jtion ; __ _._ ____________________________ _ 02109/2010 SC-60 PART D -SPECIAL CONDITIONS 12) ALL applicabl-0 Items in the follcw.·.ing table must be completed; IF NO ASBfSTOS PRESENT CHfCK HERE: Approxlrm1te itmount of Check unit of measurement Asbestos-Containing Building Material Asbestos Type t----'-......,,-------+--..---..---.----,,.......__,-......,i Ln : Ln SQ Pipes Surface Arel;! Ft M Ft M RACM to be removed RACM NOT re_m{)\/ed .. Interior Cate J non-friab!e removed Exlerior Gate o I non-friable removed Cateco I non-friable NO'f remo,1ed Interior Cat o II non-friable rerno\•ed Exterior Cateo 11 non-friable removed Cate r II non~frlable NOT remo.,.ed RACM Off-Facility Compone.nt 13) Waste Transponer Name: _________________ TOH Li.cense Number:------ Adclrcss: ___________ Ci;y: __________ state: ___ Zip: ___ _ Ccntac.t Person ; PhOfle Number: -~--------- 14) Waste Disposal Site Name:-------------------~----------A.ddress;, _______________ Cily: __________ Ste1e : ___ Zip: ___ _ Te!ephOne: · TNRCC Permit Number:-------- 15) For sl ructurally unsound facllltles, attach a copy of demolit:ion order and iiden!ify Govemmenwl Officiel below: Name:. Registration No:---~---------- Ti:le: ____ __,,---,,,,_..--,--~---- Dele of orae.r (Mtt.i'D DJYY) I Date order to begin {MM/DD/YY) --'----''---- 16) Scheduled Oates of Asbestos Aba:en,ent (MMlDDIYY) Start--~'-~--Ccrnplete: -~-~ 17) Scheduled Del.es Demolition/Renovation {MM/00/YY) S1art: complete:_~-~---- ... Note: If the start date on this nolitic.ation ean. not bo mrit, th,;, TOH Rqgional or Local Program offlc:.e Mui;tbe contacted by phone prior to the start date. Failure 10 do so is a YiataUon In ~ceotd3neo to TAHPA, SCJalon 295.61. I hereb:,• cer1ify that all informsoon I oove provided Is correct. complete. and 1rue to me best of my knowledge. I acknl)'.1,l edge that I am responsi ble for all aspects of the notification form , i:ncluding, but not limiting . content and submission dates . The maximum penalty i~ $10,000 per day per violatio.1 . (SiEJna1ure of Building Owner/ Operator or Delegated Consul lanV'Contractor) M.AILTO: ~Faxes aro not acceptorr· (Prlr:ited Name) {Date) ASBESTOS NOTIFICATION SECTION TOXIC SUBSTANCES CONTROL DNISION TEXAS DEPARTMENT OF HEAL TH PO BOX 1~3538 AUSTIN, TX 78714-3538 PH: 512~34-6600. 1-800-572-55'18 (Telepho.-ie) (Fax Numb(:r) •Faxes arc not accepted• Form APBl/5, daled 07/2<}/02. Repl8ces TOH form dated 07/13/01. For assistance in compfe/ing form. c;~/ 1-800-572-5548 02/09/2010 SC-61 PART D -SPECIAL CONDITIONS 02/09/2010 SC-62 PART D -SPECIAL CONDITIONS City of Fort Worth , Highway {Heavv} Construction Prevailing Wage Rates For 2008 Classifications Air Tool Opera t oJ Asphalt Rakes Asphali Shove.\er Asphah Di strib1Jior Ooerator A sphalt PavinQ Machine Operator Batching Pl-ant Wecigher Broom or S'Neei:,er Ooera.1or Bulldozl!r Oper ator Carpenter iRouch) Concrete t-lnisher-P aving Concrete Finisher -Structures Concre te Pav:i nq Curbing Mach. Oper. Concrete P aving Finishing MacM . Oper. Concro?te Pa.fog Joint Sealer Oper. C<increte Pav'i nq Sa'H Oper . Concrete Pavi ng Spr-eader Ope:. Concrete Rubber Crane. Clamshel l, Backhoe, Derrick, Drag fi ne , Shovel Electrician Flag ger Form Builder-Sm.J ct ure5 Form Setter-PavL-1g & Curbs Foundation Drill Op.e rator , C rawler Mounted Foundation Drill Operator , T ruck Mounte d F ront End Loader l aborer-Common L aborer-Uflit,• Meo'.'lanic Milli ng Macn;ne Operatcr, Fine Grado? Mixer Ooerato r Mci or Grader Operaior (Fi ne G rade } M:nor Grader Qper.at or, RouQh O ile r Painter, strudures Pa.•em en t Mark in i: Machine Oper. Pipe l ayer lRo iler. St~I W he el Pl ant-Mix Paverne,1s Roller, Ste!!I Whee l Other Flatwhi.el or Tamoi.'1 !: Roller. Pneu m ati c , Self-Pr cp el led Scraper R e i nforcing S teel S eto?r ,:?avirm) Rei nfor ci n ;i Ste-e l Set:er (Structur e) Source isAGGo·Texas (Hwy. H'fY. Ut ilit:e s Industr ial Br anch) W'A"-/1.'.acce ss.g pogo•,l da·,i·sba c::i.n: 02/09/2010 Hourly Rate·s C lassifications $10.06 Sera per 0p€rat or $13.g..J Servicer SB .SO Slip Form Machine Operator $13.ll;:l Spread.er Box 0::iera tor $12.78 Tractor oper ato r , Cra'Nler Tvi:>e $14 .15 Tractor-operator, Pneuma.tc SQ .SB Tra'.'el ino MixerOcerator $13-22 Truck Dri\•er-Singl!! Axl e {Li ght) $12.BJ Tmck Dri11er -Single Axle {Heavy) $12.85 Truck Dri'Jer· Tar.dem Axle S.:mi-Trailer $1:3 .27 Truck Dri•.•er-lowboy /Float $12.c,J Truck Dri\•er-Tran sit Mix Wag on Drill. Bori ng Machine. Post Hole $13.fl.3 Dri ll e r $12.50 Vi.I.e lder $13.::{l Work Zone Barricade Ser•:icer .$14.5-0 s10.e1 $14.12 $1.S .12 SB.43 $11 .63 $11 .8.3 $13.e7 $Hl .J{) s12.e2 S1U8 $10..e.5 SHl.g7 $11 .2'3 $11 .eS $15 . .20 $14 .. e,J $1 .3 .17 $10 .C4 $11.C4 $11.25 s10.g2 $11 .C7 $14 .Sd $16 .. 7.:l SC-63 Hrlv Rts S1'1A2 $12.32 $12.33 $10.92 S 12 .60 $12 .91 S l 2.03 S10.~1 S 11A7 S 11 .7 5 $14.93 S 12.08 S 14.00 $13 .57 S 10.09 DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 DA-7 DA-8 DA-9 DA-10 DA-11 DA-12 DA-13 DA-14 DA-15 DA-16 DA-17 DA-18 DA-19 DA-20 DA-21 DA-22 DA-23 DA-24 DA-25 DA-26 DA-27 DA-28 DA-29 DA-30 DA-31 DA-32 DA -33 DA-34 DA-35 DA-36 DA-37 DA-38 DA-39 DA-40 DA-41 DA-42 DA-43 DA-44 DA-45 DA-46 DA-47 10123/08 PART DA -ADDITIONAL SPECIAL CONDITIONS AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS ............... Omitted PIPELINE REHABILITATION CURED-IN-PLACE PIPE ...................................... Omitted PIPE ENLARGEMENT SYSTEM ........................................................................ Omitted FOLD AND FORM PIPE ...................................................................................... Omitted SLIPLINING ........................................................................................................ Omitted PIPE INSTALLED BY OTHER THAN OPEN CUT ..................... ._ ....................... Omitted TYPE OF CASING PIPE ..................................................................................... Omitted SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR ..................................... Omitted PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION .......... Omitted MANHOLE REHABILITATION ............................................................... ,. .......... Om itted SURFACE PREPARATION FOR MANHOLE REHABILITATION ....................... Om itted INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM ........ Omitted INTERIOR MANHOLE COATING -QUADEX SYSTEM ..................................... Omitted INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM ............................. Omitt.ed INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM ........................... Omitted INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINER ....... . ............................................................................................................................ Omitted INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM ............................ Omitted RIGID FIBERGLASS MANHOLE LINERS ......................................................... Omitted PVC LINED CONCRETE WALL RECONSTRUCTION ...................... ._ ............... Om itted PRESSURE GROUTING .................................................................................... Omitted VACUUM TESTING OF REHABILITATED MANHOLES .................................... Omitted FIBERGLASS MANHOLES ................................................................................ Omitted LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES ...................... .4 REPLACEMENT OF CONCRETE CURB AND GUTTER .............................................. 4 REPLACEMENT OF 6" CONCRETE DRIVEWAYS ........................................... Omitted REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE ............................................... 5 GRADED CRUSHED STONES ...................................................................................... 6 WEDGE MILLING 2" TOO" DEPTH 5.0' WIDE .................................................. Omitted BUTT JOINTS -MILLED .................................................................................... Omitted 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) ............................................ Omitted REPLACEMENT OF 7" CONCRETE VALLEY GUTTER ................................... Omitted NEW 7" CONCRETE VALLEY GUTTER ............................................................ Omitted NEW 4" STANDARD WHEELCHAIR RAMP ...................................................... Omitted 8" PAVEMENT PULVERIZATION ...................................................................... Omitted REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) ................. Omitted RAISED PAVEMENT MARKERS ....................................................................... Omitted POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING ........ Omitted LOADING, TRANSPORTATION. AND DISPOSAL OF CONTAMINATED SOIL Omitted ROCK RIPRAP -GROUT -FILTER FABRIC ..................................................... Omitted CONCRETE RIP RAP .......................................................................................... Omitted CONCRETE CYLINDER PIPE AND FITTINGS .................................................. Omitted CONCRETE PIPE FITTINGS AND SPECIALS ................................................... Omitted UNCLASSIFIED STREET EXCAVATION ........................................................... Om itted 6" PERFORATED PIPE SUBDRAIN .................................................................. Omitted REPLACEMENT OF 4" CONCRETE SIDEWALKS ............................................ Omitted RECOMMENDED SEQUENCE OF CONSTRUCTION ....................... :-:•.c ........... Omitted PAVEMENT REPAIR IN PARKING AREA ........................................... -: .............. Omitted ASC-1 DA-48 DA-49 DA-50 DA-51 DA-52 DA-53 DA-54 DA-55 DA-56 DA-57 DA-58 DA-59 DA-60 DA-61 DA-62 DA-63 DA-64 DA-65 DA-66 DA-67 DA-68 DA-69 DA-70 DA-71 DA-72 DA-73 DA-74 DA-75 DA-76 DA-77 DA-78 DA-79 DA-80 DA-81 DA-82 DA-83 DA-84 DA-85 DA-86 DA-87 DA-88 DA-89 DA-90 DA-91 DA-92 DA-93 DA-94 10/23/08 PART DA -ADDITIONAL SPECIAL CONDITIONS EASEMENTS AND PERMITS ........................................................................................ 6 HIGHWAY REQUIREMENTS ............................................................................................ 6 CONCRETE ENCASEMENT .............................................................................. Omitted CONNECTION TO EXISTING STRUCTURES ............................................................... 6 TURBO METER WITH VAULT AND BYPASS INSTALLATION ......................... Omitted OPEN FIRE LINE INSTALLATIONS .................................................................... Omitted WATER SAMPLE STATION ............................................................................... Omitted CURB ON CONCRETE PAVEMENT .................................................................. Omitted SHOP DRAWINGS ........................................................................................................ 6 COST BREAKDOWN ....................................................................................................... 7 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY .................................... 7 H.M.A.C. MORE THAN 9 INCHES DEEP ........................................................... Omitted ASPHALT DRIVEWAY REPAIR ......................................................................... Omitted TOP SOIL ............................................................................................................... Omitted WATER METER AND METER BOX RELOCATION AND ADJUSTMENT ......... Omitted BID QUANTITIES ............................................................................................................ 8 WORK IN HIGHWAY RIGHT OF WAY .......................................................................... 8 CRUSHED LIMESTONE (FLEX-BASE) ............................................................. Omitted OPTION TO RENEW .......................................................................................... Omitted NON-EXCLUSIVE CONTRACT ..................................................................................... 8 CONCRETE VALLEY GUTTER. ......................................................................... Omitted TRAFFIC BUTIONS .............................................................................................. Omitted PAVEMENT STRIPING ....................................................................................... Omitted H.M.A.C. TESTING PROCEDURES ................................................................... Omitted SPECIFICATION REFERENCES .................................................................................. 8 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX ............................................................................................... Omitted RESILIENT-SEATED GATE VALVES ................................................................ Omitted EMERGENCY SITUATION, JOB MOVE-IN ........................................................ Omitted 1 %" & 2" COPPER SERVICES ......................................................................... Omitted SCOPE OF WORK (UTIL. CUT) ......................................................................... Omitted CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT) .............................................. Omitted CONTRACT TIME (UTIL. CUT) .......................................................................... Omitted REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) ........................ Omitted TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) ........................................... Omitted LIQUIDATED DAMAGES (UTIL. CUT) ............................................................... Omitted PAVING REPAIR EDGES (UTIL. CUT) .............................................................. Omitted TRENCH BACKFILL (UTIL. CUT) ...................................................................... Omitted CLEAN-UP (UTIL. CUT) ..................................................................................... Omitted PROPERTY ACCESS (UTIL. CUT) .................................................................... Omitted SUBMISSION OF BIDS (UTIL. CUT) ................................................................. Omitted STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) ....................................... Omitted CONCRETE BASE REPAIR FOR UNIT II & UNIT Ill (UTIL. CUT) ..................... Omitted 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) ..................................................... Omitted ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) ... Omitted MAINTENANCE BOND (UTIL. CUT) ........................................ :-.: ...................... _,__01J1itted BRICK PAVEMENT (UTIL. CUT) ........................................ : .. -.·.' .. ? .. : .. : .. :: .. ~ .. :.;.: ..... Omitted LIME STABILIZED SUBGRADE (UTIL. CUT) ........................... :.~ ..... ~: ............... Omitted ASC-2 DA-95 DA-96 DA-97 DA-98 DA-99 DA-100 DA-101 DA-102 DA-103 DA-104 DA-105 DA-106 DA-107 DA-108 DA-109 DA-110 DA-111 DA-112 DA-113 DA-114 DA-115 DA-116 DA-117 DA-118 DA-119 10123/0 8 PART DA -ADDITIONAL SPECIAL CONDITIONS CEMENT STABILIZED SUBGRADE (UTIL. CUT) .............................................. Om itted REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) ................................. Omitted "QUICK-SET" CONCRETE (UTIL. CUT) ............................................................ Omitted UTILITY ADJUSTMENT (UTIL. CUT) ................................................................. Omitted STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) ........ . ............................................................................................................................ Omitted LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) ........................... Omitted CONCRETE CURB AND GUTTER (UTIL. CUT) ............................................. Omitted PAYMENT (UTIL. CUT) .................................................................................. Omitted DE HOLES (MISC. EXT.) ................................................................................. Omitted CONSTRUCTION LIMITATIONS (MISC. EXT.) .............................................. Omitted PRESSURE CLEANING AND TESTING (MISC. EXT.) .................................. Omitted BID QUANTITIES (MISC. EXT.) ..................................................................... Omitted LIFE OF CONTRACT (MISC. EXT.) ................................................................ Omitted FLOWABLE FILL (MISC. EXT.) ..................................................................... Omitted BRICK PAVEMENT REPAIR (MISC. REPL.) ................................................. Omitted DETERMINATION AND INITIATION OF WORK (MISC. REPL.) .................... Omitted WORK ORDER COMPLETION TIME (MISC. REPL.) .................................... Omitted MOVE IN CHARGES (MISC. REPL.) .............................................................. Omitted PROJECT SIGNS (MISC. REPL.) ................................................................... Omitted LIQUIDATED DAMAGES (MISC. REPL.) ....................................................... Omitted TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) .................................... Omitted FIELD OFFICE ................................................................................................ Omitted TRAFFIC CONTROL PLAN ....................................................................................... 9 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS ..... Omitted CATHODIC PROTECTION SYSTEM Omitted ASC-3 -PART DA -ADDITIONAL SPECIAL CONDITIONS DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES The contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the resurfacing process commences for a particular street. The contractor shall attempt to include the Construction Engineer (if he is ava ilable) in the observation and marking activ ity . In any event a street shall be completely marked a minimum of two (2) working days before resurfacing begins on any street. Marking the curbs with paint is a recommended procedure . It shall be the contractors responsibility to notify the ut ility companies that he has commenced work on the project. As the resurfacing is completed (within same day) the contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one in order for the utilities to adjust facilities accordingly . The following are utility contact pe rsons: Company Fort Worth Water Dept. ATMOS Gas TXU Electric SWBT Charter Communications Fort Worth Transportation and Public Works For other facilities Telephone Number 817-392-8296 1-866-332-8667 1-800-242-9113 1-800-395-0440 817 -246-5538 817-392-6594 1-800-DIG-TESS Of course , under the terms of this contract, the contractor shall complete adjustment of the storm dra in and Water Department facilities , one traffic lane at a time within five (5) working days after completing the laying of proposed H.M .A.C. overlay adjacent to sa id facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the resurfacing operation by the Construction Engineer. The contractor shall be responsible for all materials , equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER These provisions require the contractor to remove all failed existing curb and gutter, as designated by the Construct ion Engineer, and replace with standard concrete curb and gutter, laydown curb and gutter, or in like kind , as governed by the standard City Specifications , Item No . 104 "Removing Old Concrete ", Item No . 502 "Concrete Curb and Gutte r.'.)!and Drawing Nos . S-S2 .,. through S-S4. Pay limits for laydown curb and gutter are shown in Draw ing No . S-S5 of the 10/2310 8 ASC-4 PART DA -ADDITIONAL SPECIAL CONDITIONS Standard Specificat ions . Contractor shall saw cut the curb and gutter and pavement prior to removal. Included , and figured subsidiary to this unit price , will be the required sawcut excavation , as per specification Item No . 106 "Unclassified Street Excavation ", into the street to aid in the construction of the curb and gutter. The pay limit will be 9" out from the gutter lip , with same day haul-off of the removed material to a suitable dump site . The street void shall be filled with H.M.A.C . "Type D" mix as per specificat ion No . 300 "Asphalts, Oils and Emulsions ", Item No . 304 "Prime Coat" and Item No . 312 "Hot Mix Asphaltic Concrete " and compacted to standard City densities and top so il as per specification item No . 116 "Top Soil ", if needed , shall be added and leveled to grade behind the curb . Existing improvements within the parkway such as water meters , sprinkler system , etc . damaged during construction shall be replaced with same or better at no cost to the City . Backfill for curb and gutter shall be completed within fourteen (14) calendar days from the day of · demolition to date of completion. If the contractor fails to complete the work within fourteen (14) calendar days, a $100 dollar liquidated damage will be assessed per block per day . The un it price bid per linear foot shall be full compensation for all materials , labor, equipment 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 . repa ir shall match the existing pavement section or the depth of the fa iled material , whichever is greater. However, the patch thickness shall be a min imum of 2 inches . Generally the ex isting 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 appl ied 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 j'labor, equipment and incidentals necessary to complete the work. . : :~ :~·. -_< ... \ _ 10123/08 ASC-5 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-27 GRADED CRUSHED STONES This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushed stones . For specifications governing this item see Item No . 208 "Flexible Base". The unit price bid per cubic yard shall be full compensation for all materials , labor, equipment and incidentals necessary to complete the work . DA-48 EASEMENTS AND PERMITS Easements and permits , both temporary and permanent , have been secured for this project at this time and made a part thereto. Any easements and/or permits , both temporary and permanent , that have not been obtained by the time of publication shall be secured before construction starts . No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained . The Contractor's attention is directed to the easement description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits . Where the pipeline crosses privately owned property , the easements and construction areas are shown on the plans . The easements shall be cleaned up after use and restored to their original conditions or better . In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item . DA-49 HIGHWAY REQUIREMENTS The Texas Department of Transportation requirements pertaining to the construction of this project are enclosed herein and made part of these specifications . DA-51 CONNECTION TO EXISTING STRUCTURES All connections between proposed and existing facilities , shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements of Section E1-20 and E2-20 of the General Contract Documents . Prior to concrete placement, a gasket , RAM-Nek or approved equal shall be installed around penetrating pipe . Payment for such work as connecting to existing facilities including all labor, tools , equipment, and material necessary to complete the work shall be included in the linear foot price of the appropriate pipe BID ITEM . DA-56 SHOP DRAWINGS 1. Submit seven . (7) copies of shop drawings , layouts , manufacturer's, data . and . material schedu les as may be required by the Engineer for his review . Submittals may be checked by ,anc;:J -... _;· stamped with the approval of the Contractor and identified as the Engineer may require . Such 1012310a ASC-6 PART DA -ADDITIONAL SPECIAL CONDITIONS review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the Engineer, which may result from his review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders . The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations, discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed , the design drawings and specifications shall govern . The Contractor shall be responsible for dimensions which are to be confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his work with that of other trades and satisfactory performance his work . The Contractor shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the application. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form . 2. Shop drawings shall be submitted for the following items prior to installation: None . Additional shop drawing requirements are described in some of the material specifications. 3. Address for Submittals -The submittals shall be addressed to the Project Manager: Rick Shaffer, P.E. City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 DA-57 COST BREAKDOWN In order to establish a basis upon wh ich partial payments to the Contractor may be authorized, immediately after execution of the contract the Contractor shall furnish a detailed cost breakdown of his contract price arranged and itemized to meet the approval of the Engineer. DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY All work involving paving and/or drainage shall conform to the two following published specifications, except as modified herein : STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION -CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "NORTH.""CENTRAL TEXAS 10123/08 ASC-7 . \ I ' .. i PART DA -ADDITIONAL SPECIAL CONDITIONS DA-63 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no lim it 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 provision eontrols . No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities . In particular, the Contractor shall be aware that it is the City 's intention that the quantities in Unit I be used on an "emergency " bas is only . Total quantities given in the bid proposal may not reflect actual quantit ies ; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $200 ,000 (see Options to Renew) shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be not limit on the variation between the estimated quantities shown and actual quantities performed . It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City bit will in not case exceed $200 ,000 (see Options to Renew) including all change orders . DA-64 WORK IN HIGHWAY RIGHT OF WAY When the Engineer directs the Contractor to perform work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (Tex-Dot), the Contractor shall obtain approval from the Texas Department of Transportation prior to commencing any work therein . All work performed in the Tex-Dot right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation and Item E2-29.1 "Construction Within Highway Right -of-Way" of the General Contract Documents and Specifications , effective July 1, 1978, as amended . DA-67 NON-EXCLUSIVE CONTRACT This contract is non-exclusive. During the term of this contract or any renewal hereof, the City reserves the right to advertise and award another contract for like or similar work . If a second contract is awarded, the City further reserves the right to issue work orders under either contract as it deems in its best interest, without recourse . DA-72 SPECIFICATION REFERENCES When reference is made in these specificat ions to a particular ASTM, AWWA, ANSI or other specification , it shall be understood that the latest revision of such specification , prior to J he date of these general specifications or revisions thereof, shall apply . · ··r::c:,., ,-, . 10/23108 ASC-8 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-117 TRAFFIC CONTROL PLAN Traffi c control shall be in accordance with item D-8 of the Special Conditions. Standard traffic reroute configurations are posted as "Typicals " on the City 's BuzzSaw website , some of wh ich have been included in Section 5.10 of these Contract Documents. 10/23108 ASC-9 SECTION E SPECIFICATIONS JANUARY 1, 1978 WATER DEPARTMENT ··., .... . : . . /i .. .. . . ~ All materials, construction methods and procedures used in this project shall conform to Sections El, E2, and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or 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 E2-2.11 Trench Backfill: (Correct minimum compaction requirement wherever it appears . in this section to 95% Procter density except for paragraph a.I. where the "95% modified Procter density" shall remain unchanged). El00-4 WATERTIGHT MANHOLE INSERTS. SECTION El 00 -MATERIAL SPECIFICATIONS MATERIAL ST AND ARD El 00-4 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 . El00-4.3 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) SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK .................................................................................................... SP-4 2 . AWARD OF CONTRACT .......................................................................................... SP-4 3. PRECONSTRUCTION CONFERENCE ..................................................................... SP-4 4 . EXAMINATION OF SITE .......................................................................................... SP-4 5. BID SUBMITTAL ....................................................................................................... SP-5 6. WATER FOR CONSTRUCTION ............................................................................... SP-5 7. SANITARY FACILITIES FOR WORKERS ................................................................. SP-5 8. PAYMENT ..... " .......................................................................... " .............................. SP-5 9. SUBSIDIARY WORK ................................................................................................. SP -5 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ....................................................................................................... SP-5 11 . WAGE RATES .......................................................................................................... SP-7 12. EXISTING UTILITIES ................................................................................................ SP-7 13 . PARKWAY CONSTRUCTION ................................................................................... SP-7 14 . MATERIAL STORAGE .............................................................. : ............................... SP-7 15 . PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS ............................................................................................. SP-7 16 . INCREASE OR DECREASE IN QUANTITIES ........................................................... SP-7 17 . CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS .................................. SP-8 18 . EQUAL EMPLOYMENT PROVISIONS ..................................................................... SP-8 19 . MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ." ........................................................................................ SP-8 20 . FINAL CLEAN UP ................................................................................................... SP-10 21 . CONTRACTOR 'S COMPLIANCE WITH WORKER 'S COMPENSATION LAW ........................................................................................... SP-10 22 . SUBSTITUTIONS ..................................................................................................... SP-13 23 . MECHANICS AND MATERIALSMEN 'S LIEN ........................................................... SP-13 24 . ·WORK ORDER DELAY ........................................................................................... SP-13 25 . CALENDAR DAYS .................................................................................................. SP-14 26. RIGHT TO ABANDON ............................................................................................. SP-14 27 . CONSTRUCTION SPECIFICATIONS ..................................................................... SP-14 28 . MAINTENANCE STATEMENT ................................................................................ SP-14 29 . DELAYS ....................................................................................................... SP-14 30. DETOURS AND BARRICADES .............................................................................. SP-14 31 . DISPOSAL OF SPOIUFILL MATERIAL .................................................................. SP-15 32 . QUALITY CONTROL TESTING .............................................................................. SP-15 33. PROPERTY ACCESS ............................................................................................. SP-16 34 . SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ...................... SP-16 35. WATER DEPARTMENT PRE-QUALIFICATIONS ................................................... SP-16 36 . RIGHT TO AUDIT ................................................................................................... SP-16 37 . CONSTRUCTION STAKES ................................................... SP-17 38 . LOCATION OF NEW WALKS AND DRIVEWAYS ................................................. SP-17 39. EARLY WARNING SYSTEM FOR CONSTRUCTION .............................................. SP-18 40 . AIR POLLUTION WATCH DAYS ............................................................................. SP-18 City of Fort Worth, T exas Specia l Pro visions For Street and Storm Drain Improveme nts PMO Release Date : 07/28/2010 Page SP-1 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONST RUCT ION ITEMS : 41 . PAY ITEM -PAVEMENT-UNCLASSIFIED STREET EXCAVATION -REMOVE ... SP-20 42 . PAY ITEM -PAVEMENT -NON GREEN CEMENT-INSTALL ............................... SP-20 43. PAY ITEM -CURB - 6 INCH -INSTALL ................................................................. SP-21 44 . PAY ITEM-RETAINING WALL-INSTALL ................................................................. N/A 45 . PAY ITEM -CURB -CURB AND GUTTER AS DIRECTED BY INSPECTOR - REPLACE ..................................................................................................... N/A 46 . PAY ITEM -PAVEMENT -TRANSITION -MIN 6 INCH HMAC ............................... SP-21 47 . PAY ITEM -PIPE - 6 INCH SUBDRAIN W/ GRAVEL AND FILTER FABRIC - INSTALL ..................................................................................................... NIA 48 . PAY ITEM -SAFETY SYSTEM> 5 FOOT DEPTH -INSTALL ................................ SP -21 49. PAY ITEM -PAY ITEMS-SUBGRADE-6 INCH LIME STABILIZED -INSTALL and SUBGRADE -LIME FOR STABILIZATION -INSTALL .......................................... SP-21 50 . PAY ITEM -PAVEMENT-6 INCH HMAC -INSTALL ............................................. SP-22 51. PAY ITEMS-WALK-INSTALL , CURB & GUTTER-INSTALL, WALK-ADA WHEELCHAIR RAMP -INSTALL , AND DRIVEWAY -INSTALL ............................ SP-23 52 . PAY ITEMS -WALK -REMOVE , CURB & GUTTER -REMOVE , WALK -ADA WHEELCHAIR RAMP -REMOVE , AND DRIVEWAY -REMOVE ........................... SP-23 53 . PAY ITEMS-WALK -STEPS -REMOVE and WALK-STEPS -INSTALL ............. N/A 54. PAY ITEMS-FENCE -REMOVE and FENCE -INSTALL ..................................... SP-24 55 . PAY ITEM -CURB & GUTTER - 6 INCH W/ 18 " GUTTER -INSTALL ................... SP-24 56. PAY ITEMS-MAILBOX-REMOVE and MAILBOX-INSTALL ................................. N/A 57. PAY ITEM-FILL MATERIAL-BORROW-INSTALL ................................................. N/A 58 . PAY ITEM-PAVEMENT-VALLEY GUTTER -INSTALL ........................................... N/A 59 . NON-PAY ITEM-UNCLASSIFIED TRENCH EXCAVATION AND BACKFILL- INSTA L L ................................................................................................. SP-24 60 . PAY ITEM -STORM WATER POLLUTION PREVENTION> Than 1 AC SWPPP - INSTALL ................................................................................................. SP-25 61 . PAY ITEM -TRAFFIC CONTROL -INSTALL ......................................................... SP-27 62 . PRE BID ITEM -SIGN -PROJECT DESIGNATION -INSTALL ............................. SP-28 63 . PRE BID ITEM -UTILITY ADJUSTMENT-REPAIR ............................................... SP -28 64 . PRE BID ITEM -TOP SOIL -INSTALL. ................................................................... SP-28 65 . PRE BID ITEM -VALVE BOX-ADJUSTMENT-SERVICES ................................. SP-29 66 . PRE BID ITEM -MANHOLE -ADJUSTMENT -SERVICES ................................... SP-29 67 . PRE BID ITEM -METER BOX -ADJUSTMENT -SERVICES ................................ SP-29 68 . PAY ITEM -PAVEMENT -SILICONE JOINT SEALANT-INSTALL ....................... SP-29 69 . NON-PAY ITEM -ACCEPTANCE OF REINFORCED CONCRETE PAVEMENT ..... SP-33 70 . NON-PAY ITEM -CLEARING AND GRUBBING ...................................................... SP-34 71 . NON -PAY ITEM -SPRINKLING FOR DUST CONTROL .......................................... SP-35 72 . NON-PAY ITEM -PROTECTION OF TREES , PLANTS AND SOIL ......................... SP-35 73 . NON-PAY ITEM -CONCRETE COLORED SURFACE ............................................ SP-35 74 . NON-PAY ITEM -PROJECT CLEAN-UP ................................................................. SP-35 75 . NON-PAY ITEM -PROJECT SCHEDULE ................................................................ SP-36 City of Fort Worth, Texas Special Provisio ns For Street an d Storm Drai n Impro vements PM O Release Date : 07/28/2010 Page SP-2 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 76 . SCHEDULE TIERS SPECIAL INSTRUCTIONS ....................................................... SP-38 77 . NON-PAY ITEM -NOTIFICATION OF RESIDENTS ................................................ SP-39 78 . NON-PAY ITEM -PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION ..................................................................................................... SP-39 79 . NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING ............... SP-39 80 . NON-PAY ITEM -WASHED ROCK ........................ " ................................................ SP-40 81. NON-PAY ITEM -SAWCUT OF EXISTING CONCRETE ........................................ SP-40 82 . NON PAY ITEM-LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES ................................................................................................. SP-40 83 . NON PAY ITEM -TIE IN INTO STORM DRAIN STRUCTURE ................................ SP-40 84 . NON PAY ITEM -SPRINKLER HEAD ADJUSTMENT ............................................ SP-41 85 . NON PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ...... SP-41 86 . NON PAY ITEM -TEMPORARY EROSION , SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................ SP-41 City of Fort W orth , T exas S pecial Prov isions For Street and Storm Drai n Improve me nts PMO Release Date : 07/28/2010 Page SP-3 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: Kermit-Bonnie Drainage Improvements 4600 Merida Drainage Improvements Waverly Park Drainage Improvements CITY PROJECT NO.: 00484 1. SCOPE OF WORK : The work covered by these plans and specifications consist of the following : Kermit-Bonnie Drainage Improvements -The proposed improvements consist of reconstructing the exist ing 36 " RCP culvert with 2-4 'x4 ' box culverts . Proposed construction will also include constructing headwalls , storm drain inlets, pipe and earthen channel access ramp . 4600 Merida Drainage Improvements -The proposed improvements consist of reconstructing the existing 24" RCP storm drain with 42 " to 24 " RCP storm drain . Proposed construct ion will also include constructing storm drain inlets and pipe. The reconstruction of approximately 300 LF of resident ial roadway is included at this location . Waverly Park Drainage Improvements -The proposed improvements consist of reconstructing the existing 33 " & 36 " RCP storm drain with a new 4'x4' box storm drain. Proposed construction will also include constructing headwalls , storm drain inlets, pipe and safety end treatments. and all other miscellaneous items of construction to be performed as outlined in the plans and specificat ions which are necessary to sat isfactorily complete the work . 2. AWARD OF CONTRACT: Submiss ion of Bids : Unit I, Unit II and Unit 111 constitute a package . If the Contractor submits a bid on both Unit I, Unit II and Un it Ill and has the lowest responsive proposal price , the Contractor will be the apparent successful bidder for th is project. Bidders are hereby informed that the Director of the Transportation and Public Works Department reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City . 3. PRECONSTRUCTION CONFERENCE : The successful Contractor, Design Consultant , and C ity shall meet at the call of the City for a preconstruction conference before any work begins on this project. At this time , details of sequencing of the work , contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting , the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others . A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction . 4 . EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to vis it the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and City of Fort Worth. Texas Special Provisions For Stree t an d Storm Drain Impro vements PMO Release Date : 07 /28/2010 Page SP-4 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS public properties, procedures for protecting ex isting improvements and disposition of all materials to be removed . Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submiss ion of the Proposal. 5. BID SUBMITIAL: Bidders shall submit a complete package , including ALL completed forms that must be submitted with the Proposal (including Vendor Compliance to State Law). Failure to provide a complete bid package may be grounds for des ignating bids as "non-responsive " and reject ing bids as appropriate and as determined by the Director of the Transportation and Public Works Department. 6 . WATER FOR CONSTRUCTION : Water for construction will be furnished by the Contractor at his own expense . 7 . SANITARY FACILITIES FOR WORKERS : The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices b id on the proposal and specified in the plans and specifications and approved by the ENGINEER per actual field measurement. 9. SUBSIDIARY WORK : Any and all work specifically governed by documentary requirement for the proj ects , such as condit ions imposed by the Plans , the General Contract Documen t s or these special Contract Documents , in which no specific item for bid has been provided for in the Proposal , shall be considered as a subsid iary item of work , the cost of which shall be included in the price bid in the Proposal for each bid item , including but not limited to surface restoration cleanup and relocat ion of mailboxes . All object ionable matter requ ired to be removed from w ithin the right -of-way and not particularly described under these specifications shall be covered by Item No . 102 "Clearing and Grubb ing " and shall be subsidiary to the other items of the contract. 10 . LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC : The Contractor's particular attent ion is directed to the requirements of Item 7, "Legal Relat ions and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction ". 11 . WAGE RA TES : Compliance with and Enforcement of Prevailing Wage Laws Duty to pay Prevail ing 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 C ity Council of the City of Fort Worth to be the preva iling wage rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract documents . Penalty for V iolat ion . 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 C ity of Fort W orth. T exas Special Provisions For Street a nd Storm Drai n Improvements PMO Re lease Date : 07/28/2010 Page SP-5 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents . This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258 .023. Complaints of Violations and City Determination of Good Cause . On receipt of informat ion , including a complaint by a worker , concerning an alleged violation of 2258.023 , Texas Government Code , by a contractor or subcontractor, the City shall make an initial determination , before the 31st day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City 's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation . Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258.023, Texas Government Code , including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required , a district court shall appoint an arbitrator on the petition of any of the persons . The City is not a party in the arbitration . The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction . Records to be Maintained. The contractor and each subcontractor shall , for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract ; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City . The provisions of the Audit section of these contract documents shall pertain to this inspection . Pay Estimates . With each partial payment estimate or payroll period , whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. Posting of Wage Rates . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all t imes. Subcontractor Compliance . City of Fort Worth , Texas Special Provisions For Street a nd Storm Drain Improvements PMO Release Date : 07 /28 /2010 Page SP -6 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS The contractor shall include in its subcontracts and /or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . (Wage rates are attached at the end of this section .) 12 . EXISTING UTILITIES : The locations and dimens ions shown on the plans relat ive to existing utilities are based on the best information ava ilable. It shall be the Contractor's responsib ility to verify location of adjacent and/or confl icting utilities sufficiently in advance of cons t ruction in order that he may negotiate such local adjustments as are necessary in the construct ion process in order to provide adequate clearance . The Contractor shall take all necessary precautions in order to protect all services encountered . Any damage to utilit ies and any losses to the ut ility or City due to disruption of service resul t ing from the Contractor's operations shall be at the Contractor's expense . 13 . PARKWAY CONSTRUCTION : During the construction of this project, it will be required that all parkways be excavated and shaped at the same t ime the roadway is excavated . Excess excavation will be disposed of at locat ions approved by the Director of the Transportation and Public Works Department 14 . MATERIAL STORAGE : Material shall not be stored on private property unless the Contractor has obtained permission in writing from the property owner and storage of material on the private property complies with current City zoning requirements for the use of property for storage purposes . 15 . PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS : The Contractor shall t ake adequate measures to protect al l exist ing structures , improvements and ut ilit ies , which may be encountered . The utility lines and condu its shown on the plans are for information only and are not gua ranteed by t he City or the Des ign Consultant to be accurate as to extent, location and depth , they are shown on the plans as the best information available at the time of des ign , from the Owners of the utilities involved and from evidences found on t he ground . 16. INCREASE OR DECREASE IN QUANTITIES : The quantit ies shown in the Proposal are approximate . It is the Con t ractor's sole respons ibility to ve rify all the minor pay item quantit ies prior to submitting a b id . No additional compensat ion shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary , and the Contractor shall perform the work as altered , increased or decreased at the unit prices as established in the contract documents . No allowance will be made for any changes in ant icipated profits or shall such changes be considered as waiving or invalidating any condit ions or prov isions of the Contract Documents. Va riations in quanti ti es of sto rm drain pipes in depth categories shall be interpreted here in as applying to the overall quantities of storm drain pipe in each pipe size. but not to the var ious depth categories . City of Fort Worth, Texas Special Provisi ons For Street and Storm Drai n Improvements PMO Re lease Date : 07/28/201 0 Page SP-7 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 17 . CONTRACTOR 'S RESPONSIBILITY FOR DAMAGE CLAIMS : Contractor Covenants and agrees to indemnify City 's Design Engineer and Arch itect , and the ir personnel at the project s ite for Contractor's sole negl igence . In addition, Contractor covenants and agrees to indemnify , hold harmless and defend , at its own expense, the City , its officers , servan ts and emp loyees , from and aga inst any and all claims or su its for property loss , property damage , personal injury , includ ing death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, it s officers , agents , employees , subcontractors , licensees or invitees , whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City 's officers , servants and employees and any damage , loss or destruct ion to property of the City arising from the performance of any of the terms and condit ions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written cla im for damages aga inst the Contractor or its subcontractors prio r to final payment, final payment shall not be made until Contractor either (a) submits to City sat isfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides City w ith a letter from Contractor's liabil ity insurance carrier that the cla im has been referred to the insurance carrier. The Director may , if deemed approp ri ate , refuse to accept bids on other City of Fort Worth pub lic work from a Contractor against whom a claim for damages is outstanding as a resu lt of work performed under a City Contract. 18 . EQUAL EMPLOYMENT PROVISIONS : Contractor shall comply with City Ordinance Numbe r 7278 as amended by City Ordinance Number 7 400 (Fort Worth Ci ty Code Sect ions 13-A-21 through 12-A-29) prohib iting discrimination in employments practices . The Contractor shall post the required not ice to t hat effect on the project site , and at h is request , will be provided by assistance by the City of Fort Worth 's Equal Employment Officer who will refer any quali fi ed applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19 . MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE : In accordance with City of Fort Worth Ordinance No. 15530 , the City has goals for the participation of minority business enterprises and women business enterprises in City contracts . The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary . Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM , M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM , as applicable , must be subm itted within five (5) City business days after bid open ing . Failure to comply shall render the bid non-responsive . Upon request , Cont ractor agrees to provide the City complete and accurate information regard ing actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or C ity of Fort W o rth , Texas Special Provisions For Street and Storm Dra in Improvements PM O Rel ease Date: 07/28/2010 Page SP-8 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS examination of any books , records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiat ing action under appropriate federa l, state , or loca l laws or ordinances relating to false statement. Further, any such misrepresentation (other than a neg ligent misrepresentation) and/or comm ission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regard ing its M/WBE program in the evaluation of bids . Failure to comply with the City 's M/WBE Ordinance , or to demo nstrate "good fa ith effort", shall result in a bid being rendered non-responsive to specificat ions . Contractor shall provide copies of subcontracts or co -signed letters of in tent with approved M/WBE subcontract ors prior to issuance of the Notice t o Proceed . Contractor shall also provide monthly reports on utilizat ion of the subcont ractors to the City 's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals . The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed . All M/WBE Contractors used in meeting the goals must be cert ified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Cert ificat ion Agency (NCTRCA) or Texas Departme nt of Transportat ion (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid . The Contractor shall contact all such M/WBE subcontractors or suppliers pr ior to listing them on the M/WBE utilization or good faith effort forms as appl icable . Failure to contact the listed M/WBE subcontractor or supplier prior to bid open ing may result in the rejection of bid as non- responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be g iven an opportunity to perform the work . Wheneve r a change order exceeds 10% of the original contract, the M/WBE coord inator shall determine the goals applicable to the work to be performed under the change order . Dur ing the term of the contract the contract shall : 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid , and , 2. If substant ial subcontracting and/or substantial suppl ier opportun ities arise during the term of the contract which the Contractor had represented he would perform with his forces , the Contractor shall notify the City before subcontracts or purchase orders are let , and shall be requ ired to comply with modificat ions to goals as determined by the City , and , City of Fort Worth, Texas Sp ecial Pro visions For Stree t and Storm Drain Improvemen ts PM O Release Date : 07/28/2010 Page SP -9 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM , if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers . Justification for change may be granted for the following : a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b . Failure of Subcontractor to provide required general liability of other insurance. c. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan . d . Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs . 20 . FINAL CLEAN -UP : Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and ROW. is cleaned up to the satisfaction of the ENGINEER. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials , and in general restoring the worksite to an orderly appearance . 21 . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS : b . Certification of coverage ("Certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the commission , or a coverage agreement (TWCC-81 , TWCC-82, TWCC-83 , OR TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity . Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project , regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes , without limitation , independent Contractors , subcontractors , leasing compan ies /mot or carriers , City-operators , employees of any such entity , or employees of any entity which C ity of Fort Worth , Texas S pecia l Provisio ns For Street a nd Sto rm Drai n Im prove me nts PM O Release Date: 07/28/20 10 Page SP-1 o of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS furn ishes persons to provide serv ices on the project. "Services" include , w ithout limitat ion , provid ing , hauling , or delivering equipment or materials , or provid ing labor, transportat ion , or other services related to a project. "Services" does not include activities unrelated to the project , such as food/beverage vendo rs , office supply deliveries , and del ivery of portable toilets. The Contractor shall provide coverage , based on proper reporting of class ification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code, Sect ion 401 .011 (44) or all employees of the Contractor providing serv ices 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 duri ng 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 serv ices on a proj ect , and provide to the governmental entity : (1) a certificate of coverage, prior to that person beginning work on the project , so the governmental entity w ill have on file certificates of coverage showing coverage for all persons provid ing services on the project ; and (2) no later than seven days after rece ipt by the Contractor, a new certificate of coverage showing extension of coverage , if t he coverage period shown on the current certificate of coverage ends during the duration of the project. f . The Contractor shall reta in all required certificates of coverage for the duration of the project and for one year thereafter . g . The Contractor shall notify the governmental enti ty in writing by cert ified mail or personal delivery , within ten (10) days after the Contracto r knew or should have known , or any change that ma terially affects the provision of coverage of any person providing services on the project. h . The Contractor shall post on each project site a notice , in the text , form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered , and stating how a person may verify coverage and report lack of coverage . i. The Contractor shall contractually require each person with whom it contracts to provide services on a project , to : (1) provide coverage , based on proper reporting on classification codes and payroll amoun ts and filing of any coverage agreements , which C ity of Fort W orth, Texas Special Provisio ns Fo r Street and Storm Drain Improveme nts PMO Release Date : 07/28/2010 Page SP-1 1 of45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS meets the st at utory requirements of Texas Labor Code , Section 401 .011 (44) for all of its employees provid ing services on the project , for the duration of the project ; (2) provide to the Contractor, pr ior to that person beg inning work on the project , a cert ificate of coverage showing that coverage is be ing provided for all employees of the person providing services on the project , for the duration of the project ; (3) prov ide 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 cert ificate of coverage ends during the duration of the project ; (4) obtain form each other person with whom it contracts , and provide to the Contractor: (a) a cert ificate of coverage , prior to the other person beginn ing work on the project ; and (b) a new certificate of coverage showing extension of coverage , prio r to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends du ring the duration of the project ; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d ) not ify the governmental ent ity in writing by certified ma il or personal delivery , with in ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project ; and (e) contractually requ ire each person with whom it contracts , to perform as required by paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services. j . By signing this 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 serv ices 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 payro ll amounts , and that all coverage agreements will be filed with appropriate insurance carrier or , in the case of a self-insured , with the comm ission's Divis ion of Self-Insurance Regulation . Providing false or mislead ing informat ion may subject the Cont ractor to administrative , crim inal,.-,,,_ . civil penalties or other civil act ions. City of Fort Worth , Texas Specia l Provisio ns For Street an d Storm Drai n Improvements PMO Re lease Date: 07 /28 /2 010 Page SP-1 2 of 45 k. B. SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity . The Contractor shall post a notice on each project site informing all persons provid ing services on the project that they are requ ired to be covered , and stating how a person may verify current coverage and report failure to provide coverage . This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensat ion Act or other Texas Worker's Comm ission rules . Th is notice must be pr inted w ith 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 Span ish and any other language common to the Wo rker 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 prov iding services related to this construction project must be covered by worker's compensation insurance . This includes persons provid ing , hauling , or delivering equ ipment or materials , or providing labor or transportation or other service related to the project , regardless of the identify of t he ir employer or status as an employee ." Call the Texas Worker's Compensation Commission at 512-463 -3642 to rece ive information on the legal requirement for coverage , to verify whether your employer has provided the requ ired coverage , or to report an employer's fa ilure to provide coverage". 22 . SUBSTITUTIONS : The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a sat isfactory proj ect. No substitutions will be permitted unt il the Contractor has received written perm ission of the ENGINEER to make a substitution for the material that has been spec ified . Whe re the term "or equal ", or "or approved equal " is used , it is understood that if a material , product , or piece of equipment bearing the name so used is furnished , it will be approvable , as the particular trade name was used for the purpose of establishing a standard of qua lity acceptable to the City . If a product of any other name is proposed , the substitution must be approved by the City. Where the term "or equal ", or "approved equal " is not used in the specifications , this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose . However, the Contractor shall have the full responsibility of providing that the proposed substitution is , in fact , equal , and the ENGINEER , as the representative of the City , shall be the sole judge of the acceptability of substitutions . The provisions of the sub-section as related to "substitutions " shall be applicable to all sections of these spec ificat ions . 23 . MECHANICS AND MATERIALMEN 'S LIEN : The Con t ractor shal l be required to execute a release of mechan ics and materialmen 's liens upon rece ipt of payment. 24 . WORK ORDER DELAY : All ut ili ties and right-of-way are expected to be clear and easements and/or permits obtained on this project within s ixty (60) days of advert isement City of Fort Worth , Texas Special Provisio ns For Street a nd Storm Drai n Im proveme nts PMO Release Date : 07/28 /2 010 Page SP-13 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS of this project. The work order fo r subject project will not be issued until all ut ilities , right - of-ways , easements and/or permits are cleared or obtained . The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25 . CALENDAR DAYS : The Contractor agrees to complete the Contract within the allotted number of calendar days . 26 . RIGHT TO ABANDON : The City reserves the right to abandon , without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City . 27 . CONSTRUCTION SPECIFICATIONS : Th is contract and project are governed by the two following published specifications , except as modified by these Special Provisions : STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCT/ON CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Transportation and Public Works , 1000 Throckmorton Street , 2 nd Floor, Mun icipal Bu il ding, Fort Worth , Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the ENGINEER. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28 . MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmansh ip , or both , for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29 . DELAYS : The Contractor shall rece ive no compensation for delays or hindrances to the work , except when direct and unavo idable extra cost to the Contractor is caused by the fa il ure of the City to provide information or material , if any , which is to be furnished by the C ity . When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Transportation and Public Works Department and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval ; and the action thereon by the Council shall be final and binding. If delay is caused by specific orde rs 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 extens ion of time , his application for which shall , however, be subject to the approval of the City Council ; and no such extension of time shall release the Contractor or the surety on his performance bond form all his ob li gat ions hereunder which shall remain in full force until the discharge of the contract. 30 . DETOURS AND BARRICADES : The Contractor shall prosecute his work in such -a manner as to create a minimum of interruption to traffic and pedestrian facilities and to City of Fort Worth, Texas Specia l Provisions For Street and Sto rm Drai n Improve ments PM O Release Date : 07 /28/2 010 Page SP-14 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS the flow of vehicular and pedestrian traffic within t he project area . Contractor s hall protect construction as required by ENGINEER by providing barr icades . Barricades , warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs ," Item 524 and/or as shown on the plans . Construction sign ing and barricades shall conform with the latest version of the "Texas Manual on Uniform Traffic Control Dev ices for Streets and Highways" 3 1. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the dispos ing of any spoil/fill material , the Cont ractor shall advise the Director of the Department of Transportation and Publ ic Works act ing as the City of Fort Worth 's Flood Plain Admin istrator ("Adm inistrator"), of the location of all s ites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material unt il the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ord inance No . 10056). All disposal sites must be approved by the Adm inistrator to ensure the fill ing is not occurring w ithin a flood plain without a permit. A flood plain perm it can be issued upon approval of necessary engineering studies . No fill permit is required if disposal sites are not in a flood plain . Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stat ing that the site is not in a known flood plain or by a Flood Plain fill Perm it authorizing fill within the flood plain . Any expenses associated with obtain ing the fill permit, including any necessary engineering studies , shall be at the Contractor's expense . In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the admin istrator approving the disposal site , upon notification by the Director of Transportation and Public Works , Contractor shall remove the spoil/fill material at its expense and dispose of such ma terials in accordance with the Ordinance of the City and this section . 32 . QUALITY CONTROL TESTING : (a) The Contractor shall furn ish , at its own expense , certifications by a private laboratory for all materials proposed to be used on the project , includ ing a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along w ith the name of the pit from which the material was taken . The Contractor shall provide manufacturer's certificat ions 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 wh ich are to be used later in the concrete . The Contractor sha ll provide a certified copy of the test results to the City . (c) Quality control testing of on s ite material on this project will be performed by the City at its own expense. Any retesting required as a result of fa ilure of the material to meet project spec ifications will be at the expense of the Con t ractor and will be billed -·-· .. at commercial rates as determined by the City . The failure of the City to make any tests of materials sha ll in no way rel ieve the Contractor of its respons ibil ity to furnish materials and equipment conform ing to the requirements of the contract. City of Fo rt Wort h , Texas Special Pro visions For Street a nd Sto rm Drai n Improveme nts PM O Release Da te : 07 /28 /2010 Page SP-15 of 45 ·l'- SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing . The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site . The ticket shall specify the name of the pit supplying the fill material. 33 . PROPERTY ACCESS : Access to adjacent property shall be maintained at all times unless otherwise directed by the ENGINEER. 34. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES : The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes , derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES ." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm , except back hoes or dippers and insulator links on the lift hood connections . (c) When necessary to work within six feet of high voltage electric lines , notification shall be given the power company which will erect temporary mechanical barriers, de- energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth . The notifying department shall maintain an accurate log of all such calls to the power company and shall record action taken in each case . (d) The Contractor is required to make arrangements with the power company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 35 . WATER DEPARTMENT PRE-QUALIFICATIONS : Any Contractor performing any work on Fort Worth water or sanitary sewer facil ities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work . 36 . RIGHT TO AUDIT : City of Fort Worth , Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date : 07/28/2010 Page SP -16 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (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 pert inent 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 facil it ies and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this sect ion. The City shall give Contractor reasonable advance not ice of intended aud its . (b) Contracto r further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall , under the expiration of three (3) years after f inal payment under the subcontract , have access to and the r ight 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 faci li t ies and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this art icle together with subsect ion (c ) hereof. C ity shall give subcontractor reasonable advance notice of intended audits . (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copy ing is performed . 37. CONSTRUCTION STAKES : The City , through its Surveyor or agent , will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional pract ice to establish line and grade for roadway and ut ility construction and centerl i nes 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 ut ility construct ion (water , sanitary sewer, drainage , etc.), one set of excavation/or stabil ization stakes , and one set of stakes for curb and gutte r and/or paving . It shall be the sole responsibility of the Contractor to preserve , maintain , transfer, etc., all stakes furn ished until completion of the construction phase of the project for which they were furnished . If, in the opinion of the ENGINEER , a sufficient number of stakes or markings provided by the C ity have been lost, destroyed, or disturbed , that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place , then the Contractor shall replace such stakes or markings as required . An indiv idual registered by the Texas Board of Professional Land Survey ing as a Reg istered Professional Land Surveyor shall replace these stakes, at the Contactor's expense . No claims for delay due to a lack of replacement of construction stakes will be accepted , and time w ill continue to be charged in accordance with the Contract Documents . 38 . LOCATION OF NEW WALKS AND DRIVEWAYS: The Contractor w ill make every effort to protect existing trees w ith in the parkway , w ith the approval of the ENGINEER , the Contractor may re-locate proposed new driveways ~. ~-, and walks around ex isting t rees to minimize damage to trees . City of Fort Worth , T exas Special Prov isio ns For Street an d Storm Drain Improvements PM O Re lease Date : 07/28/2010 Page SP-17 of45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 39 . EARLY WARNING SYSTEM FOR CONSTRUCTION : Time is of the essence in the completion of th is contract. In order to insure that the Con t ractor is responsive when notified of unsatisfactory performance and/o r of failure to maintain the contract schedule , the follow ing process shall be app licable : The work prog ress on all construct ion projects will be closely mon itored . On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Cont ractor is less than the percentage of time allowed by 20% or more (example : 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken : 1. A letter will be ma iled to the Contractor by certified ma il, return rece ipt requested demanding that , w ithin 10 days from the date that the letter is received , it provide sufficient equ ipment , materials and labor to ensure completion of the wo rk within the contract t ime . In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time . 2 . The Project Manager and the Directors of the Department of Transportation and Publ ic Works and the Water Department will be made aware of the s ituation . If necessary , the City Manager's Office and the appropriate city council members may also be informed . 3. Any notice that may , in the City 's sole discret ion , be requ ired to be provided to interested individuals will distributed by the Transportation and Pub li c Works Department's Publ ic Information Officer. 4 . Upon rece ipt of the Contractor's response , the appropriate City departments and di rectors will be notified. The Transportation and Public Works Department w ill , if necessary , then forward updated notices to the interested individuals . 5. If the Contractor fails to prov ide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract , the bonding company will be notified appropriate ly. 40. AIR POLLUTION WATCH DAYS : The Contractor shall be required to observe the following gu idelines relating to working on City construct ion sites on days designated as "AIR POLLUTION WATCH DAYS ". Typically , the OZONE SEASON, within the Metroplex area , runs from May 1 through OCTOBER 31 , with 6 :00 a.m . -10 :00 a.m . being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commiss ion on Environmental Quality (TCEQ), in coord ination w ith the National Weather Service , will issue the Air Pollut ion Watch by 3:00 p.m . on the afternoon pr ior to the WATCH day. On des ignated Air Pollution Watch Days , the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work unt il 10 :00 a.m . City of Fort Worth, Texas Special Provisions Fo r Street a nd Sto rm Drain Improve ments PMO Release Date : 07/28/20 10 Page S P-18 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting ", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emuls ions , or alternative fuels such as CNG . If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7 :00 a.m. - 6 :00 p.m ., on a designated Air Pollut ion Watch Day , the calendar days allowed may be adjusted . C ity of Fort W orth , Texas Special Provisi on s For Street an d Sto rm Drain Improvements PMO Re lease Date : 07/28/2010 Page SP-19 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 41. PAY ITEM -PAVEMENT -UNCLASSIFIED STREET EXCAVATION -REMOVE (BID- 00472): See Standard Specifications Item No . 106, "Unclassified Street Excavation " for specifications governing this item . Removal of existing penetration or asphalt pavement shall be included in this item . Removal of existing concrete pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project , it is required that all parkways be excavated and shaped at the same time the roadway is excavated . Excess excavation will be d isposed of at locations approved by the ENGINEER. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent , then actual quantities will be paid for at the unit prices bid . The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42 . PAY ITEM -PAVEMENT-NON GREEN CEMENT-INSTALL (BID-00429): (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement ," shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections . The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work . (b) Concrete pavement acceptance shall be as set forth in "Concrete Pavement Acceptance " within these Specia l Provisions. (c) All concrete pavement not placed by hand shall be placed using a fully automated pav ing machine as approved by the ENGINEER. Screeds will not be allowed except if approved by the ENGINEER. City of Fort Worth , Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date : 07 /28/2010 Page SP -2 0 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 43 . PAY ITEM -CURB - 6 INCH -INSTALL (810-00842): The Contractor may, at his option, construct e ither integral or superimposed curb. Standard Specification Item 502 shall apply except as follows : Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab . The concrete for the curb shall be deposited no t more than thirty (30) minutes afte r the concrete in the slab . If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% unt il the backfill operation is complete . 46. PAY ITEM -PAVEMENT-TRANSITION -MIN 6 INCH HMAC -INSTALL (810-00471): This item w ill cons ist of the furnishing and placing an HMAC surface in transition areas where indicated on the plans , as specified in these speci fi cations and at other locations as may be directed by the ENGINEER. This item shall be governed by all applicable provisions of Standard Specifications Item 312 . The price bid per ton "PAVEMENT -TRANSITION -MIN 6 INCH HMAC -INSTALL" as shown in the Proposal will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the work . 48 . PAY ITEM -TRENCH SAFETY SYSTEM> 5 FOOT DEPTH -INSTALL (810-00372): Descript ion : This item w ill consist of the basic requirements which the Contractor must comp ly with in order to provide for the safety and health of workers in a trench. The Contractor shall develop , design and implement the trench excavation safety protection system . The Contractor shall bear the sole responsib ility for the adequacy of the trench safety system and prov iding "a safe place to work " for the workman . The trench excavation safety protect ion system shall be used for all trench excavations deeper than five (5) fee t. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Admin istration , U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification . The Contractor shall , in addition , comply with all other appl icable Federal , State and local rules , regulations and ord inances . Measurement and Payment: All methods used for trench excavat ion safety protection shall be measured by the linear foot of trench and paid at the uni t price in the Proposa l, which shall be total compensation for furnishing design , materials , tools , labor, equipment and incidenta ls necessary , including remova l of the system . Trench depth for payment purposes for Trench Safety Systems is the vert ical depth as measured from the top of the existing ground to the bottom of the pipe. 49 . PAY ITEMS -SUBGRADE - 6 INCH LIME STABILIZED -INSTALL (810-00484) and SUBGRADE -LIME FOR STABILIZATION -INSTALL (810 -00496): See Standa rd Specifications Item No. 210 , "Lime Treatment (Material Man ipulat ion )" and Specificat ion Item No. 212 , "Hydrated Lime and Lime Slurry " for specifications .governing the items . Quantit ies for these pay item are approximate and are g iven only to establish a unit price for the work . City of Fort Worth , Texas Special Provisio ns For Street and Sto rm Drain Im provements PM O Re lease Date : 07/28/2010 Page S P-2 1 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS The price bid per square yard for "SUBGRADE - 8 INCH LIME STABILIZED -INSTALL" as shown in the Proposal will be full payment for all labor, equipment, tools and incidentals necessary to complete the work. The price bid per ton for "SUBGRADE -LIME FOR STABILIZATION -INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work. 50 . PAY ITEM -PAVEMENT -6 INCH HMAC -INSTALL (BID-00451): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3" deep Type "D" course placed in one lift . All provisions of Standard Specification No. 312 . 7 'Construction Tolerance' shall apply except as modified herein : 1) After completion of each asphalt paving course , core tests will be made to determine compliance with the contract specifications . The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determ ined by measurement cores taken at locations determined by the ENGINEER. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency , the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than Yi of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness , the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient , the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense . 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications . 6) HMAC Testing Procedure : The Contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference . This design shall not be more than two (2) years old . Upon submittal of the design mix a Marshal (Proctor) will be calculated , if one has not~been previously calculated, for the use during density testing . For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" ---. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improve ments PMO Re lea se Date : 07 /28/20 1 o Page SP-22 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory , through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a roll ing pattern that w ill provide the required densities . The requ ired Density for Type "B" and for Type "D" asphalt will be 91 % of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing . After a rolling pattern is establ ished, densities should be taken at locations not more than 300 feet apart . The above requirement applies to bo t h Type "B" and "D" asphalt. Densities on type "B'' must be done before Type "D" aspha lt is applied. Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphalt is applied . Upon completion of the applicat ion of Type "D" aspha lt addit ional cores must be taken to determ ine the applied thickness . 51 . PAY ITEMS -WALK -INSTALL (810-00528), CURB & GUTIER -INSTALL (810- 00423), WALK -ADA WHEELCHAIR RAMP -INSTALL (810-01227), AND DRIVEWAY -INSTALL (BID-00401) Concrete flatwork is defined as curb , curb and gutter, sidewalks , leadwalks , wheelchair ramps and driveways as shown in the plans . This provision governs the sequence of work related to concrete flatwork and shall be considered a supplement to the specifications govern ing each specific item . The Cont ractor shall not remove any regulatory sign , instruction sign , street name and sign or othe r sign which has been erected by the City . The Contractor shall contact Signs and Marking Division , TPW. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed . No payment will be made for f latwork until the pay item has been completed , which includes backfi ll ing and finished grading . The price bid per square foot for "WALK -INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item . The price bid per linear foot for "CURB & GUTIER -INSTALL "as shown in the Proposal w ill be full payment for materials necessary to complete the work for that item . The price bid each ton for "WALK -ADA WHEELCHAIR RAMP -INSTALL "as shown in the Proposal w ill be full payment for materials necessary to complete the work for that item . The type of ramp shall be per plan and shall be called out in the Proposal item . The price bid per square foot for "DRIVEWAY -INSTALL" as shown in the Proposal w ill be full payment for materials necessary to complete the work for that item . "fl ::..·. 52 . PAY ITEMS -WALK -REMOVE (BID-00529), CURB & GUTIER -REMOVE (BID - 00424), WALK -ADA WHEELCHAIR RAMP -REMOVE (810 -00533), AND DRIVEWAY -REMOVE (810-00402): City of Fort W ort h , Texas Special Pro visio ns For Street and Storm Drai n Im pro vements P MO Release Date : 07/28/2010 P age S P-23 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS These items inc lude removal of ex ist ing concrete sidewalks , driveways, steps , leadwalks and/or wheelchair ramps at location shown on the plans or as designed by the ENGINEER. See Item No . 104 "Remov ing Old Conc rete ", for Specifications govern ing this item . 54 . PAY ITEMS -FENCE -REMOVE (BID -00127) and FENCE -INSTALL (BID -00126): This item shall include the removal and reconstruction (or installation of new)of the existing fence at the locat ions shown on the plans or where deemed necessary by the ENGINEER. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence . Their constructed fence shall be equal in every way , or superior, to the fence removed . The Contractor shall be responsible for keeping livestock with in the fenced areas during construction operation and while removing and re locat ing the fence , and for any damage or injury sustained by persons , livestock or property on account of any act of omission , neglect or misconduct of his agents , employees , or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensat ion for all mate rials , labor, equipments , tools and incidentals necessary to complete the work for each. 55 . PAY ITEM -CURB & GUTIER -6 INCH W/ 18 " GUTIER -INSTALL (BID-00424): All provis ions of Standard Specification No . 502 'Concrete Curb and Gutter' shall apply except as modified herein : Subsidiary to the unit price bid per linear foot shall be the following : A m inimum of 5" or greater as req uired depth of st ab ilized subgrade properly compacted under the proposed curb and gutter as shown in the construct ion details , ... If the Contractor fa ils to backfi ll either in from of the gutter or behind the curb within seven (7 ) calendar days of pouring the cu rb and gutter, the amount paid for the curb and gutter shall be reduced by 25% until the backfill operation is complete. Standard Specifications Item No . 502 , shall apply except as here in modified. Concrete shall have minimum compressive st rength of three thousand (3 ,000) pounds per square inch in twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) gallons per sack (94 lbs.) of Port land Cemen t. The slump of the concrete shall not exceed three (3) inches . A minimum cement content of five (5) sacks of cement per cubic yard of concrete is requ ired . 59 . NON-PAY ITEM -UNCLASSIFIED TRENCH EXCAVATION AND BACKFILL -INSTALL (BID-00101): Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area (if any). Excess material which is obtained from excavating the trench may be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Spe ci fications and approval of the ENGINEER. All excavated mate ri al which is unacceptable as fill materia l shall become the·property of the Contractor to be hauled off the site and disposed of properly . Unacceptable ma terial shall be , but not limi t ed to : rocks , concrete , asphalt , debris , etc. The cost for removal and d isposa l of uriac·ceptable material shall be subs id iary to the unit pr ices~--· · City of Fort W orth . T exas Special Provisions For Street an d Storm Drain Improve ments PMO Relea se Date : 07/28/2 010 Page SP-24 of 45 ........ ~ .. ~ \:: SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 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 storm drain pipe. 60. PAY ITEM -STORM WATER POLLUTION PREVENTION > Than 1 AC SWPPP - INSTALL (BID-00100): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an "operator" by state regulations and is required to obtain a permit. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs . The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi): If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre -construction meeting a TCEQ Notice of Intent (NOi) form prepared by the ENGINEER. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor ,.understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site . The NOi shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $325 application fee (if mailed) or $225 (if e- filed). The NOi shall be mailed to: BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) P.O. Box 13087 Austin , TX 78711-3087 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) 12100 Park 35 Circle Austin, TX 78753 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction ~ctivity, 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 subjectto the requirement of the permit. City of Fort Worth , Te xas Special Provisions For Street and Storm Drain Improvements PMO Release Date : 07/28/2010 Pag e SP-25 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS The NOT should be ma iled to : BY REGULAR U .S. MAIL Texas Commission on Env ironmental Qual ity Storm Water Process ing Center (MC228 ) P.O . Box 13087 Austin , TX 78711-3087 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Sto rm Water Processing Cente r (MC228 ) 12 100 Park 35 C ircle Austin , TX 78753 A copy of the NOi and NOT shall be sent to : City of Fort Worth Department of Environmental Management 1000 Throckmorton Street Fort Worth , TX 76102 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site . Five of the project SWPPP 's are available for v iewing at the plans desk of the Department of Transportation and Public Works . The selected Contractor shall be p rovided with t hree copies of the SWPPP after award of contract , along with unbounded copies of all forms to be subm itted to the Texas Commission on Environmental Quality . LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER T HAN 5 ACRES : A Not ice of Intent (NOi) form shall be completed and submitted t o the TCEQ including payment of the TCEQ requ ired fee. A SWPPP that meets all TCEQ requirements prepared by the ENGINEER shall be prepared and implemented at least 48 hou rs before the commencement of construct ion activities . The SWPPP shall be incorporated into in the contract documents . The Contractor shall submit a schedule for imp lementat ion of the SWPPP . Dev iations 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. Mod ificat ions may be required to fully conform to the requ irements of the Permit. The Cont ractor must keep a copy of the most current SWPPP at t he construct ion s ite . 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) fo rm shall be submitted w ithin 30 days after final stabilization has been ach ieved on all portions of the site that is the responsibility of the permittee , or, when another permitted operator assumes control ove r all areas of the site that have not been finally stabilized . SMALL CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREAJER THAN ONE ACRE BUT LESS THAN FIVE ACRES : Subm iss ion of a NOi form-=-is not requ i red . However, a TCEQ Site Not ice form must be completed and posted at the site . A City of Fort Worth , Texas Specia l Provisions For Street and Storm Drain Impro vements PMO Release Date : 07/2 8/2 0 10 Pag e S P-26 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 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 . 61 . PAY ITEM -TRAFFIC CONTROL-INSTALL (BID-00181): The contractor will be required to obtain a "Street Use Permit" prior to starting work . As part of the "Street Use Permit " a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways " issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. Unless otherwise included as part of the Construction documents, the Contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Professional Engineer (P.E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770) at or before the preconstruction conference . The P.E . preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. Although work will not begin until the traffic control plan has been reviewed and approved , the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued the Contractor. The Contractor will not remove any regulatory sign, instructional sign , street name sign or other sign , which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled , the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed . City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date : 07 /28/2 010 Pag e SP-27 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Work shall not be performed on certa in locations/streets during "peak traffic periods " as determination by the City Traffic Engineer. The lump sum pay item for traffic control shall cover des ign , and / or installation and ma intenance of the traffic control plans . 62. PRE BID ITEM -SIGN -PROJECT DESIGNATION -INSTALL (BID-00504): The Contractor shall cons t ruct and install two (2) Project Designation Signs and it w ill be the responsibi li ty of the Contractor to ma inta in the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the ENGINEER. It will be the respons ibility of the Contractor to have the individual pro j ect signs lettered and painted in accordance with the enclosed detail. The quality of the paint , painting and lettering on the signs shall be approved by the ENGINEER . The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of%" fir plywood , grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the ENGINEER and in place at the project site upon commencement of construction. The work , wh ich includes the painting of the signs , installing and removing the signs , furnish ing the materials , supports and connections to the support and maintenance shall be to the sat isfact ion of the ENGINEER. A un it price bid per each has been ass igned to this item (see Proposal). The .ass igned unit price w ill be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 63 . PRE BID ITEM -UTILITY ADJUSTMENT -REPAIR (BID-00414): This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water , sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner 's responsibility to ma inta in. An arbitrary figure has been placed in the Proposal ; however, this does not guarantee any payment for util ity adjustments , neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the serv ices of a licensed plumber to make the util ity adjustments determined necessary by the ENGINEER. No payment will be made for utility ad j ustments except those adjustments determined necessary by the ENGINEER. Should the Contractor damage service lines due to his neg li gence , where such lines would not have requ ired adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adj ustments shall be the actual cost of the adjustments p lus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 64 . PRE BID ITEM -TOP SOIL -INSTALL (BID-00147): The proposed quant ities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behirad the ., curb . The pay item is intended to pay for topsoil that must be imported where suitable material is either not ava ilable on the job or cannot reasonably be stored on-site . Payment City of Fort Wo rt h, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date : 07/28/2010 Page SP-28 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed . 65. PRE BID ITEM -VALVE BOX-ADJUSTMENT-SERVICES (810-00847): Contractor will be responsible for adjusting water valve boxes to match new pavement grade . The water valves themselves will be adjusted by City of Fort Worth Water Department forces . A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the work. 66. PRE BID ITEM -MANHOLE -ADJUSTMENT -SERVICES (BID-00849): This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the ENGINEER. Standard Specification Item No . 450 shall apply except as follows: Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions . A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the work . 67 . PRE BID ITEM -METER BOX-ADJUSTMENT -SERVICES (BID-00848): This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes, which are within 0.1' of specified parkway grade. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the work . 68 . NON PAY ITEM -PAVEMENT -SILICONE JOINT SEALANT 1. SCOPE CITY OF FORT WORTH , TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18 , 1989) (Revision 2 , May 12, 1994) This specification for sil icone joint sealing Portland Cement Concrete pavement and '. ~,,., curbs shall supersede Item 314 .2. (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION -CITY OF City of Fort W orth, Texas Special Prov isions For Street and Storm Drain Improvements PMO Release Date : 07/28/2010 Pag e SP-29 of 45 ,;< SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FORT WORTH , and Item 2 .210 "Joint Sea li ng " of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MA TE RIALS 2 .1 The si li cone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification . Before the installation of the joint sealant, the Contractor shall furn ish the ENGINEER cert ification by an independent testing laboratory that the s ili cone joint sealant meet these requirement s . 2 .2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated , documented successful field performance with Portland Cement Concrete pavement si licone joint sealant systems . Verifiable documentation shall be submitted to the ENGINEER. Acetic acid cure sealants shall not be accepted . The s il icone sealant shall be cold applied . 2 .3 Self-Leveling Silicone Joint Sealant The j oint sealant shall be Dow Corning 890-SL self-leveling s ilicone joint sea lant as manufactured by Dow Corn ing Corporation , Midland , Ml 48686- 0994, or an approved equal. Self-Leveling S ilicone Joint Sealant Test Method Test AS SUPPLIED **** Non Volatile Content, % m in . MI L-S-8802 Extrusion Rate , grams/m inute ASTM D 1475 Specific Gravity **** Skin-Over Time , minutes max. **** Cure Time , days **** Full Adhesion , days AS CURED- ASTM D 412 , D ie Mod. Elongation , % min . ASTM D 3583 Modulus @ 150% Elongation , psi max. (Sect. 14 Mod .) ASTM C 719 Movement, 10 cycles@ +100/-50% ASTM D 3583 Adhesion to Concrete , % Elongation min . (Sect. 14 Mod .) ASTM D 3583 Adhes ion t o Asphalt, % Elongati on min . (Sect. 14 Mod .) City of Fort Worth , Texas Special Provisions For Street and Storm Dra in Improve me nts PMO Release Date : 07/2 8/2 01 0 Page S P-30 of 45 Requirement 96 to 99 275 to 550 1.206 to 1 .340 60 14 to 21 14 to 21 1400 9 No Failure 600 600 "'-,. SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them . Reference is made to the "Construction Detail " sheet for the various joint details with their respective dimensions . 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the ENGINEER within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch width "green" saw-cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation . Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed . During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) -and rising. 4. EQUIPMENT 4 .1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the ENGINEER prior to the beginning of the work . The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions . 4 .3 High Pressure Water Pump : The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. • 1 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm . There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. · : 4 .6 Injection Tool : This mechanical device shall apply the sealant uniformly into ' ... . .. the joint. 4 .7 Sandblaster: The design shall be for commercial use with air compressors as .. ,_ specified in Paragraph 5.4. City of Fort W orth , Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date : 07/28/20 10 Pag e SP-31 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 4.8 Backer Rod Roller and Tool ing Instrument: These devices shall be clean and free of contam inat ion . They shall be compat ible with the jo in depth and w idth requirements . 5. CONSTRUCTION METHODS 5.1 Genera l: The joint reservoir saw cutting , cleaning , bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints : The joints shall be saw-cut to the width and depth as shown on the "Construction Detail " s heet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 C leaning Jo ints : Immed iately after sawing , the result ing concrete slurry shall be completely removed from the joint and adjacent area by flushing w ith high pressure water. The water flush ing shall be done in one-direction to prevent joint contamination . When the Contractor elects to saw the jo int by the dry method , flushing the jo int with high pressure water may be deleted . The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev . 1, October 18 , 1989) After complete drying , the jo int s shal l be sandblasted . The nozz le shall be attached to a mechan ical aim ing device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes . Upon the t erm ination of the sandblasting , the joints shall be blown-out using compressed air. The blow tube shall fit into the joints . The blown j oint shall be checked for res idual dust or other contamination. If any dust or contamina t ion is found , the sandblasting and blowing shall be repeated until the joint is cleaned . Solvents w ill not be permitted to remove stains and contam ination . Immediately upon cleaning , the bond breaker and sealant shall be placed in the j oint. Open , cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape : The bond breaker rod and tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Jo int Sea lant: Upon placement of the bond breaker rod and tape , the joint sealant shall be applied us ing the mechan ical injection tool. The joint sealant application shall not be perm itted when the air and pavement temperature is less than 40F (4C ). Jo ints shall not be sealed unless they are clean and dry . Unsatisfact or ily sealed joints sha ll be refilled . Excess sealant left on the City of Fort Wort h, Texas Special Pro vis ions For Street and Sto rm Drain Improvements PM O Release Date: 07/28/20 10 Page SP-32 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition . Traffic shall not be allowed on the fresh sealant until it becomes tack-free . Approval of Joints : A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and seal ing of the joints . He shall demonstrate to the Contractor and the ENGINEER the acceptable method for sealant installation. The manufacturer's representative shall approve the clean , dry joints before the sealing operation commences . 6 . WARRANTY The Contractor shall provide the ENGINEER a manufacturer's written guarantee on all jo int sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also , the Contractor shall provide the ENGINEER a written warranty on all sealed jo ints . The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the ENGINEER. 7. BASIS OF PAYMENT All costs associated with concrete joint sealant shall be subsidiary to the concrete item and no other compensation will be provided. 69 . NON-PAY ITEM -ACCEPTANCE OF REINFORCED CONCRETE PAVEMENT: The concrete pavement acceptance pol icy shall be as follows : A. Penalty for Deficient Pavement Thickness. There shall be no acceptance of deficient pavement thickness other than the tolerances specified below. 1 . Pavement thickness deficiency up to 0.25-inch will be considered as satisfactory and the contract unit price will be used for payment if the average thickness within the project meets or exceeds the specified designed thickness . 2 . Deficiencies of greater than 0 .25 -i nch shall be removed and replaced with pavement of plan thickness at contractor's entire expense . B. Cracked Concrete Acceptance Policy. If cracks exist in concrete pavement upon comp letion of the project, the Project Inspector shall make a determination as to the need for act ion to address the cracking as to its cause and recommended remedial work . If the recommended remedial work is routing and sealing of the City of Fort Worth. Texas Speci al Provisions For Street and Storm Dra in Im provements PMO Release Date : 07/28/2010 Page S P-33 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS cracks to protect the subgrade , the Inspector shall make the determination as to whether to rout and seal the cracks at the time of final inspection and acceptance or at any time prior to the end of the project maintenance period . The Contractor shall perform the routing and sealing work as directed by the Project Inspector, at no cost to the City , regardless of the cause of the cracking . If remedial work beyond routing and sealing is determined to be necessary , the Inspector and the Contractor will attempt to agree on the cause of the cracking . If agreement is reached that the cracking is due to deficient materials or workmanship , the Contractor shall perform the remedial work at no cost to the City . Remedial work in this case shall be limited to removing and replacing the deficient work with new material and workmanship that meets the requirements of the contract. If remedial work beyond routing and sealing is determined to be necessary , and the Inspector and the Contractor agree that the cause of the cracking is not deficient materials or workmanship , the City may request the Contractor to provide an estimate of the cost of the necessary remedial work and/or additional work to address the cause of the cracking, and the Contractor will perform that work at the agreed-upon price if the City elects to do so . If remedial work is necessary , and the Inspector and the Contractor cannot agree on the cause of the cracking , the City may hire an independent geotechnical engineer to perform testing and analysis to determ ine the cause of the cracking . The contractor will escrow 50% of the proposed costs of the geotechnical contract with the City . The Contractor and the City shall use the services of a geotechnical firm acceptable to both parties. If the geotechnical engineer determines that the primary cause of the cracking is the Contractor's deficient material or workmanship, the remedial work will be performed at the Contractor's entire expense and the Contractor will also reimburse the City for the balance of the cost of the geotechnical investigation over and above the amount that has previously been escrowed . Remedial work in this case shall be limited to removing and replacing the deficient work with new material and workmanship that meets the requirements of the contract. If the geotechnical engineer determines that the primary cause of the cracking is not the Contractor's deficient material or workmanship, the City will return the escrowed funds to the Contractor. The Contractor, on request, will provide the City an estimate of the costs of the necessary remedial work and/or additional work and will perform the work at the agreed-upon price as directed by the City . 70 . NON-PAY ITEM -CLEARING AND GRUBBING : City of Fort Worth , Texas Special Provisio ns For Street and Storm Drain Improvements PMO Release Date : 07 /28/2010 Page SP-34 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS All ob j ectionable items with in the limits of this project and not otherw ise provided for shall be removed under this item in accordance with Standard Specification Item 102 , "Clearing and Grubbing ." However, no direct payment will be made for this item and it shall be cons idered incidental to this contract. 71 . NON-PAY ITEM -SPRINKLING FOR DUST CONTROL : All applicable provis ions 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 conside red incidental to this contract. 72 . NON-PAY ITEM -PROTECTION OF TREES, PLANTS AND SOI L: All property along and adj acent to the Contractor's operat ions including lawns , yards , shrubs , trees , etc . shall be preserved or restored after complet ion of the work to a condit ion equal or better than existed prior to start of work. · By ordinance , the Contractor must obtain a permit from the City Forester before any work (trimming , removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys . This permit can be obtained by calling the Forestry Office . All tree work shall be in compliance with pruning standards for Class II Prun ing 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 Internat ional Society of Arboriculture . Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City . To prevent the spread of the Oak Wilt fungus , all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. Th is is the on ly instance when pruning paint is recommended . 73 . NON-PAY ITEM -CONCRETE COLORED SURFACE : Concrete wheelchair ramp surfaces, excluding the side slopes and curb , shall be colored with LITHOCHROME color hardener or equal. A brick red colo r, a dry-shake hardener manufactured by L.M . Scofield Company or equal , shall be used in accordance with manufacturers ' instructions . Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimens ion , or other dimens ion approved by the ENGINEER , meeting the afo rementioned specificat ions . The sample , upon approval of the ENGINEER , shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be cons idered incidental to this contract. The method of appl ication shall be by screen , sifter, sieve , or other means in order to provide for a uniform color distribution . 74 . NON-PAY ITEM -PROJECT CLEAN-UP : The Contractor shall be aware that keeping the project site in a neat and orderly cond it ion is considered an integral part of t he contracted work and as such shall be considered subsidiary to the approp ri ate 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 City of Fort Worth, Texas Special Provisions For Street and Sto rm Drai n Improvements PMO Release Date : 07/28 /2010 Page SP-3 5 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS necessary , clean up shall be done on a daily bas is . Clean up work shall include , but not be limited to : • Sweeping the street clean of d irt or debris • Storing excess material in appropriate and organ ized manner • Keep ing trash of any kind off other properties . If the ENGINEER does not fee l 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 th is project as soon as the paving and curb and gutter has been constructed . No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the ENGINEER . 75 . NON -PAY ITEM -PROJECT SCHEDULE : Before commencing any work under this contract , the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification , showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format , and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved schedul ing software systems for creating the schedule files are : -Pr imavera (Vers ion 6 .1 or later or approved by OWNER) -Primavera Contractor (Version 6.1 or later or approved by OWNER) -Primavera SureTrak (Vers ion 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 Schedu ler to develop the required schedules . A qualified Project Scheduler would have the following minimum capabilities and experience . a. Experience preparing and maintaining detailed schedules , as well as 1 year of experience using approved schedul ing software systems as defined in this specificat ion . b. Knowledge of Critical Path Method of scheduling and the ability to analyze schedules to determine durat ion , resource allocation , and logic issues. c . Understanding of construction work processes to the extent that a logical crit ical path method schedu le can be developed , ma inta ined , and progressed that accurately represents the scope of work performed . 75.(a) BASELINE CONSTRUCTION SCHEDULE : The CONTRACTOR shall develop , submit and review the draft deta iled basel ine construction schedule with the OWNER to demonstrate the CONTRACTOR 's understanding of the contract requi rements 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 det ailed baseline construction schedule ca ;,· has been submitted by the CONTRACTOR and accepted by the OWNER . --, ·· The follow ing gu idel ines shall be adhered to in preparing t he baseline construction schedule. C ity of Fort Worth , Texa s Special Provisions For Street and Storm Dra in Improvements PMO Release Date : 07 /2 8/2010 Pag e SP-36 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 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 , del ivery and submittal activities are exceptions to this guideline . c. Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity . d. The critical path shall be clearly shown on the construction schedule . e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. f . Thirty days shall be used for submittal review unless otherwise specified . The construction schedule shall be divided into general activities as indicated in the Schedule Guidance Document and each general activity shall be broken down into sub- activities in enough detail to achieve sub-act ivities of no greater than 20 days duration . The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of th is contract document by reference for all purposes, the same as if copies verbatim here in . For each general activity , the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activ ities that follow the guidelines of this section . For each of the trades or subcontracts applicable to the project , the construction schedule shall indicate the following : procurement, construction, pre -acceptance activities , and events in their logical sequence for equipment and materials . Include applicab le activ ities 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 subm ittals 4. Submittal review periods 5. Shop fabrication and delivery 6. Erection and installation 7. Transmittal of manufacturer's operation and maintenance instructions 8. Installed equipment and material testing 9. Owner's operator instructions (if applicable) 10 . Final inspection 11 . Operational testing 75(b) PROGRESS CONSTRUCTION SCHEDULE : The CONTRACTOR shall prepare and submit monthly to the OWNER for approval the updated schedule in accordance with Section 81 and 82 and the OWNER 's Schedule Guidance Document inclusive . As the Work progresses , the CONTRACTOR shall enter into the schedule and record actual progress as described in the Schedule Guidance Document. City of Fort W orth, Texas Specia l Pro visio ns For Street an d Storm Drai n Improve me nts PMO Release Date : 07/28/201 0 Page SP-37 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS The updated schedule submittal shall also include a concise narrative report that highlights the following , if appropriate and applicable : • Changes in the critical path , • Expected schedule changes, • Potential delays , • Opportunities to expedite the schedule, • Coordination issues the OWNER should be aware of or can assist with , • Other schedule-related issues that the CONTRACTOR wishes to communicate to the OWNER. a. The CONTRACTOR's monthly progress payment applications will not be accepted and processed for payment without monthly schedule updates , submitted in the time and manner required by this specification and the Schedule Guidance Document, and which accurately reflects the allowable costs due under the Contract Documents and is accepted by the OWNER. b. Only one schedule update will be required per month in accordance with the Schedule Guidance Document and this specification . c. Failure to maintain the Schedule in an accepted status may result in the OWNER withholding payment to the CONTRACTOR until the schedule is accepted . 75(c) PERFORMANCE AND CONSTRUCTION SCHEDULE : If, in the opinion of the OWNER , work accomplished falls behind that scheduled , the CONTRACTOR shall take such action as necessary to improve his progress . In addition , the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time . Failure of the CONTRACTOR to comply with these requirements shall be considered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with due diligence as will ensure completion within the time specified in the Contract. 76 . SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents . The requirements for each Tier are described below . CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document which is available on the City 's BuzzSaw website . TIER 3 COST LOADING SPECIAL INSTRUCTIONS: 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost-loaded with the total contract dollars associated with the respective ABS elements . T IER 4 COST LOADING SPECIAL INSTRUCTIONS : 1. Adhere to all Tier 3 requirements , and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER 's standard items) shall be loaded into the scheduling software using the "NON-LABOR " City of Fort W ort h. Texas Specia l Provisions For Stree t an d Storm Drain Improvements PM O Release Date : 07 /28/2010 Page SP -38 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 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 resou rces are progressed . TIER 5 COST LOADING SPECIAL INSTRUCTIONS : 1. Adhere to all Tier 4 requirements , and add itionally the following : • Labor resources (Man-Hours) sha ll be loaded into the scheduling software using the "LABOR " reso urce type with man -hours and without cost. 77 . NON-PAY ITEM -NOTIFICATION OF RESIDENTS : In order to cut down on t he number of complaints from residents due to the dust gene rated when saw-cutting joints in concrete pavement , the Contractor shall notify residents , in writ ing , at least 48 hours in advance of saw-cutting jo ints during the construction of paving projects . All costs involved with providing such written notice shall be cons idered subsidiary to this contract. 78 . NON -PAY ITEM -PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION : Prior to beginning construct ion on any block in the proj ect , the Contractor shall , on a block by block basis , prepare and deliver a notice or flyer of the pend ing construction to the front doo r of each res idence or business that will be impacted by construction . The notice shall be prepared as follows : The not ificat ion notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information : Name of Project , City Project No ., Scope of Project (i.e . type of construction activity), actual construction duration w ith in 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 -const ru ction not ification ' flyer is attached . The Contractor shall submit a schedu le 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 Inspect or for his rev iew prior to being distributed . The Contractor w ill not be allowed to begin construction on any block until the flyer is delivered to all residents of the block . An electron ic version of the sample flyer can be obtained from t he construction office. All work involved with the pre-construction notification flyer shall be considered subsid iary to the contract price and no additional compensation shall be made . 79 . NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING : After the pre-construct ion conference has been held but before construction is allowed to beg in on th is project a publ ic mee t ing will be held at a locat ion to be determ ined by the ENGINEER. The Contracto r, inspector, and project manager shall mee t with all affected · res idents and present the projected schedule , includ ing construction start date , and answer any construct ion related questions . Every effort w ill be made to schedule the neighborhood City of Fort Worth . Texas Special Provi sions For Street an d Storm Drai n Improvements PMO Release Date : 07/28/2010 Page SP-3 9 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS meeting within the two weeks following the pre-construct ion conference but in no case will construction be allowed to begin until this meeting is held. 80 . NON-PAY ITEM -WASHED ROCK : All washed rock used for embedment o r backfill or as otherwise directed by the ENGINEER shall washed, crushed stone and shall meet the following gradation and abrasion : (Actual washing not required if gradation is met) Sieve Size 1" 1/2" 3/8 " #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M. Designation C-131 . 81 . NON -PAY ITEM-SAWCUT OF EXISTING CONCRETE : When existing concrete or H.M .A.C . is cut , such cuts shall be made with a concrete saw. The Contractor may break out cu rb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respect ive item . 82 . NON PAY ITEM -LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before repaving commences fo r a particular st reet. The Contractor shall attempt to include the ENGINEER (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2) working days before repaving begins on any street. Marking the curbs with paint is a recommended procedure . It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the repaving is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall no t ify the utilities of this complet ion and indicate that start of the next one in order for the utilities to adjust facilities accordingly . T he Contractor shall be responsible for all materials , equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 83 . NON PAY ITEM -TIE IN INTO STORM DRAIN STRUCTURE : The cost for making lateral tie-ins to the storm drain structure shall be subs idiary to the bid price for the respective lines . City of Fort Worth , T exas S pecia l Provisio ns For Street a nd Storm Drain Improvements PM O Release Date : 07/28 /2 010 Page SP-40 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 84 . NON PAY ITEM -SPRINKLER HEAD ADJUSTMENT : The adjustment and/or relocation of sprinkler heads encountered shall be pa id fo r under "UTILITY ADJUSTMENT" in the proposal section . No other compensation will be prov ided . 85 . NON PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS : Contractor is required to secure a Street Use Permit , issued by the City of Fort Worth Transportat ion and Public Works Permit Center (817-392-6594) prior to any work in public right of way . Permit will not be issued w ithout a traffic control plan sealed and signed by a registered professional engineer licensed to practice in the State of Texas . Failure to acqu ire the proper permit and pe rm ission may result in a fine of $500/day to t he cont ractor perform ing the work . Payment by the contractor for all Street Use Permits shall be cons idered subsidiary to the contract cost and no additional compensat ion shall be made . 86 . NON PAY ITEM -TEMPORARY EROSION. SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION : Th is item shall consist of tempo rary soil eros ion sediment and water pollution control measures deemed necessary by the ENGINEER for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the ENGINEER and they sha ll 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 , aspha lt mulch , plastic liners , rubble liners , slope drains and other devices . All inlet protection measures shall be designed to allow for runoff to freely overflow into the inlet during a flood event. B. Further, eros ion control measures placed in front of inlets , or in channels , drainageways or barrow ditches will be at th e risk of the contractor. Contractor shall rema in liable for any damage caused by the meas ures , including f lood ing damage which may occur due to blocked dra inage . At the conclusion of any project , all channe ls , dra inageways and barrow ditches in the work zone shall be dredged of any sed iment generated by the project or deposited as a result of as a result of erosion control measures . Any such dredging must comply with all Federal , State and local regulat ions . C. CONSTRUCTION REQUIREMENTS : The ENGINEER has the authority to define erod ible earth and the authority to lim it the surface are of erodib le-earth material exposed by preparing right-of-way , clearing and grubbing , the surface area of erodib le-earth ma terial exposed by excavation , borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adj acent streams , other water course , lakes , ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes , dams , sed iment bas ins , slope dra ins and use of temporary mu lches , mats , seeding or other con t rol devices or methods directed by the ENGINEER as necessary to control soil eros ion . Temporary pollut ion - control measures shall be used to prevent or co rr ect erosion that may develop City of Fo rt Worth , Texas Specia l Pro visio ns For St reet a nd Storm Drain Imp rovemen ts PM O Release Date : 07 /28/2010 Page SP-41 of 45 SPECIAL PROVIS IONS FOR STREET AND STORM DRAIN IMPROVEMENTS during construct ion prior to installation of permanent pollution control features , but are not associated with permanent control features on the project. The ENGINEER w ill 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 , seed ing , and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic , temporary soil-erosion-control measures shall be performed as directed by the ENGINEER. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . 1. Frequent ford ings of live streams will not be permitted ; therefore , temporary br idges or other struct ures shall be used wherever an appreciable number of stream cross ing are necessary . Unless otherwise approved in writ ing by the ENGINEER , mechan ized equipment shall not be operated in live streams . 2. When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream . 3. All waterways shall be cleared as soon as pract icable of false work , piling , debris or other obstructions placed during construction operations that are not part of the finished work . 4 . The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels , oils, bitumens , calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish . D. SUBMITTAL: Prior to the start of the applicable const ruction , the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible -earth material to a minimum . He shall also submit for acceptance his proposed method of so il-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials . No work shall be started until the soil-erosion control schedules and methods of operat ions have been rev iewed and approved by the ENGINEER. F. MEASUREMENT AND PAYMENT: All work , materials and equipment necessary to prov ide temporary erosion control shall be considered subsidiary to the cont ract and no extra pay w ill be g iven for this work. C ity of Fort Worth, Texas S pecial Provisio ns For Street and Sto rm Drain Improveme nts PM O Re lease Date : 07/28 /20 10 Page SP-42 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (To be printed on Contractor's Letterhead) Date: ____ _ City No: __ PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: -- LIMITS OF CONST.: --------------Estimated Duration of Construction on your Street : _ days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMP ANY WILL< REPLACE WATER AND/OR SEWER LINES -RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392-8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. City of Fort Worth , Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date : 07 /2 8/2010 Page SP-43 of 45 HEAVY & HIGHWAY CONSTRUCTI ON 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 Rubber Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator Electrician Flagger Form Builder/Setter, Structures - Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, 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 Pipelayer 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 Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy-Float Truck Driver, Single Axle, Heavy Truck Driver, Single Axle, Light Truck Driver, Tandem Axle, Semi-Trailer Truck Driver, Transit-Mix Wagon Drill , Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10.06 $13.99 $12.78 $11.01 $ 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 $11 .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 $11.04 $14 .86 $16.29 $) 1.07 $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 Mechanic Helper Acoustical Ceiling Mechanic Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electronic Technician Electronic Technician Helper Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common La borer Skilled Lather Painter Painter Helper Pipefitter Pi pefitter Helper Plasterer Pl asterer Helper 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hrly Rate Classification $21.69 Plumber $12.00 Plumber 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 Sprinkler System Installer $13.12 Sprinkler System Installer Helper $14 .62 Steel Worker Structural $10. 91 Concrete Pump 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 SB.OD $18 .85 $12 .83 $17 .25 $12.25 Hrly 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 or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of2258.023 , Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination , before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker , shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 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. ( 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. 4' 3"~ a1 " 2 11" 2 21 " 2 11 " 2 11 " 2 11 " 2 R1 " TYP . FONTS : 1-" ----2 3" Project Title ~1' Funding 3" Contractor: 1 .. 2 Contractor's Name 11" Questions on this Project Call: 2 1" (817) 392 -xxxx 1" After Hours Call: (817) 392 -XXXX 21" 2 NOTES: FORT WORTH LOGO IN CHEL TING HAM BOLD ALL OTHER LETIERING IN ARIAL BOLD IF APPLICABLE TO THE PROJECT, CONTRACTOR SHALL OBTAIN VINYL STICKER "CITY GAS LEASE REVENUE IN ACTION"/ LOGO AT CDR SIGN AND ENGRAVING, 6311 EAST LANCASTER AVE (817-451-4684), PEEL AND PLACE IN FUNDING SECTION. COLORS: FORT WORTH -PMS 288 -BLUE LONGHORNLOGO-PMS725-BROWN LETIERING -PMS 288 -BLUE BACKGROUND -WHITE BORDER -BLUE PROJECT DESIGNATION SIGN CITY OF FORT WORTH -CONSTRUCTION STANDARD DRAWING NO. 1 -H DATE: DITCH WALL NOTES: TRENCH REPAIR LIMITS PRIME COAT ~~',---BACKFILL MATERIAL PER DETAIL WTR-029 (SEE NOTE 3) 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 B L io <D 24" CHAIN , NO SWIVEL 8" USE #3 BARS X 3 '-2" @ 22" O.C., UNLESS CONNECTING TO PAVEMENT, THEN USE #3 BARS X 5'-3" @ 22 " O.C . 24" A ... A :::J PLAN VIEW #3 BARS @ 12" 0 .C. (REAR FACE, REAR WALL) #3 BARS @ 18" 0 .C. (NEAR FACE, REAR WALL) 8"~ #4 BAR X 11'-0" NOTES: 1. DIMENSION "D" (DEPTH) FOR ALL STANDARD 10' INLETS SHALL BE 4'-0" AT THE UPPER END AND 4'-8" AT THE OUTLET END (MEASURED FROM THE TOP OF CURB). FOR NON-STANDARD INLETS THE DEPTH WILL BE SHOWN ON THE PLANS. 2. DIMENSION "A" SHALL BE THE GUTTER DIMENSION IN USE ON THE PROJECT. (2) #4 BARS X 15' -9" 3. IF MANHOLE DEPTH IS OVER 5'-0", STEPS WILL BE REQUIRED AND SHALL BE CONSTRUCTED PER DRAWING SD-013. B A (SEE J NOTE 2) #3 BARS @ 18" O.C. (FRONT FACE. FRONT WALL) #3 BAR X 15'-9" 4 . GUTTER CONSTRUCTION IN FRONT OF INLET (AS SHOWN) IS TO BE CONSIDERED AS PART OF SAME . 5 . ALL EXPOSED SURF ACES ARE TO BE WELL FINISHED . EXCAVATION FOR INLET IS TO BE INCLUDED IN PRICE BID FOR SAME . A 1 '-0" ---1------- VARIES (SEE FACE OF CURB NOTE 2) RADIUS AND- SLOPE AS STD. CURB j..... 3,f' CHAMFER TOP OF CURB END OF INLET TO BE NEAR CURB CORNER 7" GRADE OF GUTTER AT INLET C/L OC> ,..._ 3'-0" 10'-0" OPENING 3'-0" PAY LIMIT OF INLET ELEVATION VIEW TOP OF GUTTER \ TOP OF CURB ~ OUTSIDE EDGE \ 2" : _ _r --~ . === J r--+--. L _l_ OC> T _____ _::_:t· --1= ----------::::-:-r= ------~~ ___J_ .. -.-------·-r - FLow LINE SECTION B-B Lr 3/4" CHAMFER STD. CURB AND GUTTER -#3 BARS BENT INTO WALL 8" 24" #4 BARS AT 8" 0 .C. ~ BOTH WAYS ' 1 "x4" KEYWA Y --- OR #3 L-BAR @ 3'-4 8" O.C. IN LIEU OF KEYWAY SECTION A-A ~ l=! Cl 0 z (/) w w w er: ~ <( > 8" k OF GUTTER REVISED DATE: 11-2009 CITY OF FORT WORTH, TEXAS STANDARD 1 O' STORM DRAIN INLET DATE: 06-2007 SD-001 0 I N RING AND COVER TO BE CONSTRUCTED OVER OUTLET --'----+--~-------------I __ -_____________ .___ } (SEE NO TE 3) I· FACE OF CURB EDGE OF GUTTER (2) #3 BARS @ 6" o.c . Ol A 3'-0" I i+-1 8" THICK WALL AT CENTER OF DOUBLE 1 O' INLET ~---+---+--(2) #6 BARS @ 6" O.C. ONLY IN CENTER WALL OF DOUBLE 1 O' INLET 3'-4" .. 1 SECTION A-A I LA PLAN VIEW 20'-8" 3'-0" TOP OF CURB L) I I 10'-o" I 8"-----j ----· ---· ELEVATION VIEW NOTES : 1. ONE DOUBLE 10' INLET SHALL CONSIST OF TWO STANDARD 10' REINFORCED CONCRETE INLETS CONSTRUCTED TOGETHER AS A SINGLE UNIT WITH THE ADJACENT ENDS OF THE TWO INLETS REMOVED AND JOINED TOGETHER SO AS TO FORM A CONTINUOUS BOX INLE T HAVING A 20'-8" LENG TH OPENING . PROVID E AN 8" CENTER WALL AS SHOWN IN SEC TION A-A . 2. SEE DRAWING NO. SD-001 FOR FINISHED INLET DETAI L S. 3 . DIMENSION 'A' SHALL MATCH GUTTER DIMENSION IN USE ON THE PROJECT. REVISED DATE : 07-2009 CITY OF FORT WORTH , TEXAS DATE : 06-2007 STANDARD DOUBLE 10' STORM DRAIN INLET SD-002 4'-Q" ............ W+2T w (OPEN ING) 3" FILLET IN OPENING (TYP .) TROWEL FINISH 7 (TYP. ALL SIDES) 4'-0" #4 BARS X 3'-Q" @ 18" O.C. (TYP .) CONSTRUCTION AT CORNERS #4 BARS @ 18" O.C.B .W. (TYP . ALL SIDES) SECTION A-A NOTES: 1. MA TER I AL AND WOR KM ANSH IP SHALL CONFORM WITH THE REQUIREMENTS OF FORT WORTH STANDARD SPECIFICATIONS FOR STANDARD CONCRETE MANHOLES . 2 . ALL STEEL REINFORCING SHALL HA VE A 2" CONCRETE COVER (MINIMUM), UNLESS OTHERWISE NOTED . 3 . EXC A VATION FOR MANHOLE TO BE INCLUDED IN THE UNIT PR IC E BID FOR MANHOLE . 4 . FOR DETA IL S OF REINFORCING OF LOWER PORTIONS OF INLET, SEE APPROPRIATE SQUARE MANHOLE DETAIL. 5 . DEPTH OF DROP INLET FR OM FINISHED GRADE TO FLOW LINE OF INLET IS VAR IABLE . APPROXIMATE DEPTH WILL BE SHOWN ON PLANS AT LOCATION OF INLET. 6. ALL STANDARD DROP INLETS SHALL HAVE ONE OPENING ON EACH SIDE UNLESS SHOWN ON PLANS . 7 . DECK MAY BE REINFORCED SAME AS 4' SQUARE MANHOLE (SEE DRAWING NO . SD-006). 8 . IF DEPTH OVER 5'-0" AT MANHOLE, STEPS SHALL BE CONSTRUCTED PER DRAWING NO . SD-013). f- N + 3: f- f- #4 BARS @ 6" O.C.B.W. INLET SIZE 2' SQUARE 4' SQUARE 5' SQUARE 6' SQUARE 7' SQUARE 8 ' SQUARE PLAN VIEW T 7" 7" 8" g" g " g" CITY OF FORT WORTH, TEXAS STANDARD STORM DRAIN DROP INLET w 2 '-0" 4'-0" 5'-0" 6'-0" 7'-0" 8'-0" TOOLED EDGES (T YP. ALL SIDES) REVISED DATE: 11-2009 DATE: 06-2007 SD-004 t') I N w __J m <{ i:2 <{ > 2" X 8" X 10'-3" 12" (TYP.) 10'-3" (FOR 1 O' INLET) 2" X 8" X 2'-3" WOOD TIES --B (TYP . 3) l_ WOOD PLANKS ~--_...__......____ __ ___,___ ~ 2" (TYP .) J I r, A II I A L tt::tt=r-rr ~===tt:tt===~-==::=_-==tttll I I J n I N __._ __ L ...J I 2" (TYP .)r 11 2 .. -j f--(TYP .) SPAC E B 2" X 4" X 1'-1 1" WOOD TIES 2" X z oO 3= i== f--U I ::> Wet: c., f-- <{ VJ f--z VJO u z WO Zi== Ou I ::> w Ct: c., f-- <{ VJ f--z VJO u 8" (TYP . 2) WOOD GRATE 2" X 8" X 10'-3" r WOOD PLANKS WOOD TIES I 2 ,. K:2" X 8" X 2'-3" 2 -f--WOOD TIES (TYP. 3) (TYP . 2) L___Jl2" x 4" x 1·-11"~ L " 4'-9 3,f' ------------.! 7 12" WOOD PLANK 10'-3" SECTION A-A BEND REINFORCING BARS DO WN TO HOLD WOOD GRATE IN PLACE r--L --- 12" 2" X 8" WOOD TIE 2" X WOOD 4" TIE NOTES : 1. THE TWO-STAGE CONSTRUC TION SHALL BE USED WHEN DENOTED ON THE PROJECT PLANS, OR WHEN DIRECTED BY THE ENGINEER. TH IS SHALL BE A SUBSIDI A RY ITEM TO THE PROJEC T CONTRAC T. 2. THE WOOD GRATE SHA LL BE MA DE OF NEW , NO. 2 YELLOW PINE LUMBER, OR MATERIAL APPROVED BY THE ENGINEER . ROUGH LUMBER MAY BE USED. 1" x 4" KEYW A Y (TYP. 4) 2'-0" 3. THE 2" x 4" WOOD TIES SHALL BE CONNECTED TO EACH PLANK WITH (4) 16d N A ILS . THE 2 x 8 WOOD TIES SHALL BE CONNECTED TO EACH PLANK WITH AT LEAST FOUR 16d NAILS. ALL NAILS TO BE CEMENT COATED. 4. THE REINFORC ING STEEL USED FOR THE FIRST ST A GE SHALL BE BILLET-STEEL DEFORMED BARS, INTERMEDIATE GRADE, ASTM DESIGNATION A-15-57T. SECTION B-B 5 . SEE STANDARD INLET CONSTRUCTION DETAIL FOR FINISHED INLET DETAILS (SD-001). CITY OF FORT WORTH , T EXAS TWO-STAGE CONSTRUCTED CURB INLET RE VI S E D DATE : 11-2009 DATE: 06-2007 SD-005 iXJ ;i. . 0 I I in -:.i, 3-#4 BARS, AS SHOWN . co CITY STANDARD MANHOLE FRAME AND COVER TOP OF PIPE #4 BARS@-- 8 " O.C .B .W. 5'-4" PLAN VIEW BARS T #4 BARS @ 6" O.C.B.W. HOOKED AT EACH END 5-#4 x 9" BARS TO BIND BRICK TO TOP SLAB 8" 8" 2 1-2" TYPICAL---j f-- TYP IC AL CORNER DETAIL PLAN VIEW BARS E--- #4 BARS @ 18" OUTSIDE FACE tfil..IES; 1. MATERIALS AND WORKMANSHIP SHALL CONFORM WITH THE REQUIREMENTS OF CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STANDARD CONCRETE MANHOLES. 2 . LAYERS OF REINFORCING STEEL NEAREST THE INTERIOR AND EXTERIOR SURFACE SHALL HAVE A COVER OF 2" TO THE CENTER OF BARS, UNLESS OTHERWISE NOTED . 3 . EXCAVATION FOR MANHOLE TO BE INCLUDED IN THE UNITS PRICE BID FOR MANHOLE . ~--BARS C ~--+--+--,---, #4 BARS @ 18" INSIDE FACE T 18" MA X. J BARS T-#4 BARS @ 6" 0 .C.B.W. ~ 0 z 1 "x4" KEY OR #4 BARS @ 8" C-C IN LIEU OF KEYWAY SECTION B-B VERTICAL BARS #4 BARS AT 18" (IF WALL HEIGHT IS OVER 6' USE STEEL REBAR SPACERS) w w Vl SLOPE 3~" TO DRAIN ._..-.._.._,._..~----+-#4 DOWELS @ NOTE : DEPTH "D" SHALL BE SHOWN ON STORM DRAIN PLAN AND PROFILE SHEETS . #4 BARS @ 6" O.C.B.W. SECTION A-A CITY OF FORT WORTH, TEXAS STANDARD 4' SQUARE MANHOLE 18" ALL AROUND EXCEPT IN WAY OF PIPE NOTE: SLOPE INVERT OF M.H. AS INDICATED ON PLAN & PROFILE SHEET. DATE : 06-2007 SD-006 '.,j-CJ I I i.o in 3-#4 BARS, AS SHOWN CITY STANDARD MANHOLE FRAME AND COVER FINISHED STREET MORTAR COVER ONE OR MORE C.I. MANHOLE STEPS COURSES 2 1,i" AT 12"-12" SPREAD VITRIFIED BRICK 6'-4" 5'-0" 8"-------~8" .-----A PLAN VIEW BARS T #5 BARS @ 8" O.C .B.W. HOOKED AT EACH END 5-#4 x 9" BARS TO BIND BRICK TO TOP SLAB 8" T 18" MA X. 8" 2 1,i" TYPICAL---11-- TYPICAL CORNER DETAIL PLAN VIEW BARS E--~ #4 BARS @ 18" OUTSIDE FACE tfilIES; 1. MATERIALS AND WORKMANSHIP SHALL CONFORM WITH TIHE REQUIREMENTS OF CITY OF FORT WORTIH STANDARD SPECIFICATIONS FOR STANDARD CONCRETE MANHOLES. 2 . LAYERS OF REINFORCING STEEL NEAREST THE INTERIOR AND EXTERIOR SURFACE SHALL HAVE A COVER OF 2" TO TIHE CENTER OF BARS, UNLESS OTIHERWISE NOTED. 3 . EXCAVATION FOR MANHOLE TO BE INCLUDED IN THE UNITS PRICE BID FOR MANHOLE. ~---BARS C ...----1-----+---, #4 BARS@ 18" INSIDE FACE BARS D -------<H++-+-, STAGGERED (REINF. BARS F-#4 PLASTIC STEPS MAY 1----=-B:....cA:..:..RS:;_;_A:....cT_1:....:8'-"--_....,.,i'*= BE USED) #5 BARS @ 8" 0.C.B .W. VERTICAL BARS #4 BARS AT 18" (IF WALL HEIGHT IS OVER 6' USE STEEL REBAR SPACERS) ~ 0 z #4 BARS @ 18" OUTSIDE FACE TOP OF PIPE #5 BARS@--- 8" O.C.B .W. SLOPE 3,s" TO DRAIN w w (/) tt4------+---+----t--#4 DOWELS@ 1 "x4" KEY OR #4 BARS @ ~ ~ 8" C-C IN LIEU OF KEYWAY CXJ SECTION 8-8 NOTE : DEPTH "D" SHALL BE SHOWN ON STORM DRAIN PLAN AND PROFILE SHEETS . #5 BARS @ 8" O.C.B .W. SECTION A-A CITY OF FORT WORTH, TEXAS STANDARD 5' SQUARE MANHOLE 18" ALL AROUND EXC EPT IN WAY OF PIPE NOTE : SLOPE INVERT OF M.H . AS INDI CATED ON PLAN & PROFILE SHEET . DATE: 06-2007 SD-007 7'-6" 6 -0 !iQIE.S.; g"i-----------9" k~-A .. ·r I I V I 1. MATERIALS AND WORKMANSHIP SHALL CONFORM WITH THE REQUIREMENTS OF CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STANDARD CONCRETE MANHOLES. ~-J,,______ I I a, B B g" <O 0 I I r--<D -,11-11----;/".~'-f-/-+-H-l~~r--~~- / / .., J ,I -------r--. ~ 2 ~" TYPICAL--j f-- TYP IC AL CORNER DETAIL PLAN VIEW 2 . LAYERS OF REINFORCING STEEL NEAREST THE INTERIOR AND EXTERIOR SURFACE SHALL HAVE A COVER OF 2" TO THE CENTER OF BARS, UNLESS OTHERWISE NOTED. 3. EXCAVATION FOR MANHOLE TO BE INCLUDED IN THE UNITS PRICE BID FOR MANHOLE . ~""C" ... • ,,_., .. ' a, t 3-#5 BARS, AS SHOWN NOTE . 60" DIAMETER PIPE SHOWN CITY STANDARD MANHOLE FRAME .AND CO VER FINISHED STREET --"'>.,· MORTAR COVER ONE OR MORE COURSES 2 W VITRIFIED BRICK C.I. MANHOLE STEPS AT 12"-12" SPREAD STAGGERED (REINF. PLASTIC STEPS MAY BE USED) REINFORCING TYPICAL ALL WALLS #4 BARS @ 18" VERT. #4 BARS @ 12" HOR. #5 BARS @ --- 12" 0 .C.B .W. l--'---l---l--+--.V-L/ BARS T J #5 BARS @ I ·-~~J 8" 0.C.B.W. HOOKED AT EACH END I I I I A PLAN VIEW 5-#4 x 9" BARS TO BIND BRICK TO TOP SLAB 18" MAX. ~ VERTICAL BARS g #4 BARS AT 18" w (IF WALL HEIGHT IS ~ OVER 6' USE STEEL 1 REBAR SPACERS) BARS E--~ #4 BARS @ 18" OUTSIDE FACE BARS D ----++++--+-, #4 BARS @ 18" OUTSIDE FACE ~---BARS C #4 BARS @ 18" INSIDE FACE BARS C #4 BARS @ 18" INSIDE FACE ........+--+-+++-BARS B #4 BARS @ 9" INSIDE FACE p ~=~=~±~=t=:+-----t-#4 DOWELS @ SECTION B-B ' '° NOTE: DEPTH "D" SHALL BE SHOWN #4 BARS @ 6" O.C .B.W. ON STORM DRAIN PLAN AND PROFILE SHEETS . SECTION A-A CITY OF FORT WORTH, TEXAS STANDARD 6' SQUARE MANHOLE 18" ALL AROUND EXCEPT IN WAY OF PIPE NOTE : SLOPE INVERT OF M.H. AS INDICATED ON PLAN & PROFILE SHEET. DATE: 06-2007 SD-008 1/4 I.D. (LARGE PIPE) 1 /8 CIRCUMFERENCE . (TYP .) i------+---1/4 I.D. (L ARGE PIPE) O.D. (LARGE PIPE) + 1'-0" • • ) ;; • 3" (TYP .) ,--.. w a.. ii wo c., I ~-;_ 2-+ 0 ci #3 BARS BENT AS SHOWN 0 ci #3 BARS @ 14" O.C. (CIRCUMFER ENTIAL) • g" 1'-6" • g" 1-----1- 1 I I SECTION A -A CITY OF FORT WORTH , TEXAS REINFORCED CONCRETE COLLAR DATE : 06-2007 SD-011 MANHOLE FRAME & COVER SHOWN, (NEENAH R-1688 OR EQUAL 280 LBS.) FOR INLET, COVER MAY BE 20" (NEENAH R-1737 OR EQUAL, 185 LBS.) PLAN OF FRAME 25 3,f' ~ .. i ______ 24_" ____ ~· ~~ .. 22 11.2" 32" SECTION C-C 14" CORRUGATION CITY OF FORT WORTH, TEXAS STANDARD CAST IRON FRAME & COVER DATE: 06-2007 SD-012 FORT WORTH ~ --------~ -·~------~ 1 I I ~ 6" I -+--~ I r I I ll~ -3" l~---C...- #4 BAR (SEE NOTE) 1 I II I v-SEE REINFORCEMENT FOR I 1 ~,,. CONCRETE PLUG 0 -~ i s 1 I .• I· I T I I I ___ .___.__ ___ L_L_J T = LENGTH OF PIPE GROOVE --:J REINFORCEMENT FOR CONCRETE PLUG PIPE SIZE REINFORCED DISTANCE s BAR c-c 18"-33" #2 12" BOTH WAYS 1/2 T 36"-54" #3 1 2" BOTH WAYS 1/3 T 60"-84" #4 1 2" BOTH WAYS 1/4 T NOTE: STEEL HANDLE FOR REINFORCED CONCRETE PIPE PLUG SHALL BE LOCATED 1 / 4 1.0. ABOVE CENTER POINT OF PLUG. TWO STEEL HANDLES WILL BE REQUIRED ON PLUGS OF 36" PIPES OR LARGER AND SHALL BE PLACED 1/4 1.0. APART AND 1/4 1.0. ABOVE CENTER OF PLUG. CITY OF FORT WORTH, TEXAS REINFORCED CONCRETE PIPE PLUG DATE: 06-2007 SD-014 <t. SYM. 0 w c;:: u w 0... (/) (/) <{ I f-3 " 0... w 0 3" • • g" g" f--3" #3 BARS @ 18" C-C BOTH WAYS • CONCRETE (5 SACK) #3 BAR NOTE : 1. CONCRETE SHALL BE CLASS 'A' PER SPECIFICATIONS ITEM 406 CONCRETE FOR STRUCTURES . CON S TRUCTION JOINT #3 L BAR @ 18" C-C 2 . RIPRAP TO BE FORMED ON UNDISTURBED SO IL CUT TO GRADE . IF TO BE PLACED ON FILL, ALL FILL SHALL BE PLACED ON BENCHES CUT IN UNDISTURBED SOIL AND FILLED IN 8" LOOSE LIFTS , EACH COMPACTED TO 95% STANDARD PROCTOR NOTE : DENSITY. THE FILL SO COMPACTED SHALL THEN BE CUT TO GRADE . TYPICAL TRANVERSE SECTION (SEE BOTH FOR COMPLETE DETAIL) TRAN SVERSE EXPANSION JOINTS ARE REQU IRED 100' ON CENTERS OR LESS; SAME SHALL INCLUDE 3,,f' REDWOOD COMPLETELY COVERING THE JOINT FACES (EXCEPT 34" EDGE RELIEF FOR DEALING COMPOUND) AND 24" #8 SMOOTH DOWELS ON 18" CENTERS COATED 16" AND CAPPED WITH 1 14" MIN. CLEARENCE ON ONE END AND WITH 12" SPAN DOWEL SUPPORT AND HOT POURED RUBBER TYPE SEALING COMPOUND 34 " THICK <t. SYM. SLOPE UNLESS~~~ SPECIFIED OTHERWISE 2" PROJECTION @ 20' C-C 2 " SCH 40 P .V.C. CUT FLUSH AS SHOWN 6" MIN . ----j AS REQU IRED FOR 1 SQ FT. W PER FT. 14" PER FT . (1 CU. FT. PER FT. CONTINUOUS; 12" FOR 2 : 1 SIDE SLO PE) --- 6" MIN . BOTTOM WIDTH AS SPECIFIED FORT WORTH ~ NOTE : 12" WASHED ROCK TO BE COVERED WITH STAKED BURLAP OR OTHER SUITABLE MEANS, APPROVED B Y THE ENG INEER , TO HOLD IN PLACE WHILE CONCRETE IS BEING PLACED . TYPICAL TRANVE RSE SECTION (SEE BOTH FOR COMPLETE DETAIL) CI TY O F FORT WORTH , TEXAS REINFORCED CONCRETE RIPRAP DATE : 06-2 007 SD-019 - 10/20/2010 WED 8:32 FAX 12)003/005 PIPE O.D . + 2' FINAL BACKFILL SELECT NATIVE MATERIAL COMPACTED TO A DENSITY OF 90% PROCTOR (95% PROCTOR If UNDER PAVEMENT) TOP OF PIPE INITIAL BACKFILL CRUSHED STONE BEDDING PIPE 0.0. T NOTES: 1) PIPE EMBEDMENT SHALL BE CRUSHED STONE IN CONFORMANCE WITH COfW SPECIFICATION 402.2 . 2) FOUNDATION WHERE TRENCH BOTTOM IS UNSTABLE, THE CONTRACTOR SHALL EXCAVATE TO A DEPTH REQUIRED BY ENGINEER AND REPLACE WITH A FOUNDATION OF BEDDING MATERIAL (6" MINIMUM THICKNESS). 3) MEASURES SH.ALL BE TAKEN TO PREVENT MIGRATION OF NATIVE FINES INTO BACKFILL MATERIAL. 4) FOR PIPE DIAMETERS GREATER THAN 36", El.48EDMENT SHALL BE WORKED UNDER PIPE HAUNCHES BY HAND. 5) FILTER FABRIC MEETING TXOOT SPEClflCATION OMS-6000 SHALL BE INSTALLED ALONG THE TOP OF THE INITIAL BACKFILL FOR THE FULL TRENCH WIDTH PRIOR TO THE PLACEMENT IF THE FINAL BACKFILL . 6) PAYMENT FOR STORM DRAIN PIPE SHALL INCLUDE ALL UNCLASSIFIED TRENCH EXCAVATION, EMBEDMENT & BACKFILL MATERIAL AND FILTER FABRIC. STORM DRAIN EMBEDMENT DETAIL GENERAL NOTES: 1. CONCRETE PIPE SHOULD BE IN ALLED IN ACCORDANCE WITH ASTM C1479. STANDARD TRE CH INSTALLATION SHOWS THE BASIC PIPE AND SOIL TERMI LOGY. 2. 3. INSTALLATION TYPE WILL APPLY FOR CONCRETE PIPE. AT THE ENGINEER 'S ISCRETION, INSTALLATION TYPES 1 AND 2 MAY BE U D. BEDDING OUTER BEDDING MATERIAL AND COMPACTION EACH SIDE, SAME REQUIREMENTS AS HAUNCH NOTE 1: EQUIVALENT uses AND AASHTO SOIL CLASSIFICATIONS FOR SOIL DESIGNATIONS REPRESENTATIVE SOIL TYPES INSTALLATION TYPE TYPE 1 TYPE 2 TYPE 3 NOTES: BEDDING THIC KN ESS Do/24 MINIMUM , NOT LESS THAN 3 IN. IF ROCK FOUNDATION, USE Do/12 MINUIMUM, NOT LESS THAN 6 IN . Do/24 MINIMUM , NOT LESS THAN 3 IN. IF ROCK FOUNDATION, Do/12 MINUIMUM, NO LESS THAN 6" IN 90% CATEGORY I OR 95% CATEGORY II 85% CATEGORY 1, 90% CATEGORY II, OR 95% CATEGORY Ill SIDD SOIL uses SW, SP, GW, GP GM, SM, Ml. & ALSO GC, SC WITH LESS THAN 20% PASSING (1200 SIEVE 1. COMPACTION AN SOIL SYMBOLS, THAT IS, 95% CATEGORY I, REFERS TO CATEGORY I SOIL MATERIAL WITH INIMUM STANDARD PROCTOR COMPACTION OF 95%. 2. WHEN THE TR CH WIDTH SPECIFIED MUST BE EXCEDDED, THE ENGINEER SHALL BE NOTIFIED. 3. SOIL IN BE ING AND HAUN CH ZONES SHALL BE COMPACTED TO AT LEAST THE SA ME COMPACTI AS SPECIFIED FOR THE MAJOR ITY OF SOIL IN THE BACKFILL ZONE. 4 . THE TR CH WIDTH SHALL BE WIDER THAN SHOWN IF REQUIRED FOR ADEQUATE SPACE TO ATIAIN E SPECIFIED COMPACTION IN THE HAUNCH AND BEDDING ZONES . 5 . REO ED BEDDING THICKNESS IS THE THI CKN ESS OF THE BEDDING AFTER THE PLACEMENT OF THE PIP ON THE BEDDING AND PRIOR TO PLACEMENT OF THE BACKFILL. CITY OF FORT WORTH, TEXAS REINFORCED CONCRETE PIPE TRENCH INSTALLATION DETAIL AASHTO A1, A3 A2, A4 AS, A6 PERCENT COMPACTION STANDARD MODIFIED PROCTOR PROCTOR 100 95 95 90 90 85 85 85 100 95 95 90 90 85 85 85 100 90 95 85 90 80 85 75 SD-025 .. - NOTE: BEARING AREAS SHOWN ARE BASED ON 150 P .S.I.G TEST PRESSURE AND 3000 P.S.F. SOIL BEARING VALUE. X BEND_/ r-------,,----1 3000 PSI CONCRETE (TYP .) * DIMENSION "X" MAY VARY IF NECESSAR Y TO PROVIDE BEARING AGAINST UNDISTURBED TRENCH WALL HORIZONTAL BLOCKING "X" 11 .25" 22.5" 45· PIPE MA X MIN. MIN. SIZE (FT.) "A" MIN . "B U MA X "C" AREA VOL AREA VOL AREA 4" 1.0 0 .90 0 .80 0 .05 0 .95 0 .90 0 .05 0 .95 0 .90 6" 1.5 0.90 0.80 0.05 0.95 0 .90 0 .05 1.05 1.10 8" 1.5 0 .90 0 .80 0.05 0.95 0 .90 0 .05 1.41 2.00 10" 1.5 0 .90 0 .80 0.05 1.26 1.60 0 .05 1.79 3 .20 12·· 1.5 1.10 1.20 0 .05 1.48 2 .30 0.10 2 .14 4 .50 16" 2 .0 1.41 2 .00 0 .10 2 .00 4 .00 0 .10 2 .83 8 .00 20" 2.0 1.77 3 .10 0 .20 2 .54 6 .20 0 .30 3 .52 12.40 24" 2 .0 2.14 4 .50 0 .25 3 .00 9.00 0 .50 4 .25 18.10 30" 2 .5 2.66 7 .10 0.55 3.78 14.20 1.00 5 .30 28.20 36 " 2 .5 3 .33 10.00 0.75 4.50 20.40 1.40 6.36 40.80 4 2 " 3 .0 3 .72 13 .80 1.20 5.25 27.60 2.20 7.41 55.30 48" 3 .0 4 .38 18.30 1.60 6.00 36.00 2.90 8.48 72.00 54" 4.0 4.0 22.50 4 .0 6 .70 45.00 7.00 9 .40 88.00 NOTES : TABLE go· MAX MIN. MAX "D" VOL AREA VOL 0 .05 0 .91 0.82 0 .05 0 .05 1.73 1.99 0 .05 0.05 1.86 3 .47 0 .10 0 .10 2 .18 5 .62 0 .20 0 .20 2 .83 8 .00 0.30 0.40 3 .75 14.10 0.65 0 .60 4.70 22.00 1.15 0 .95 5.65 32.00 1.85 1.75 7.05 49.80 3.40 2 .65 8 .50 72.00 5 .10 4.10 9 .90 97.50 7 .90 5.40 11.14 126 .50 10.40 10.00 13.00 162.00 16 .00 MINIMUM AREAS SHOWN ARE IN SQUARE FEET. VOLUMES SHOWN ARE IN CUB IC YARDS. VERTICAL DIMENSIONS OF ALL BLOCK BEARING AREAS SHALL BE IDENTICAL TO THE HORIZONTAL DIMENSION SHOWN. E1 -20 M A,.TERIAL E2-20 CONSTRUCTION CITY OF FORT WORTH, TEXAS HORIZONTAL BLOCKING TEE & PLUG MIN . JJ EU 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 3000 PS I CONCRETE BELL -BELL BEND TR ENCH WIDTH : 1. PIPE 24" 1.D. AND SMALLER = 24" OR O.D. + 12" WHICHEVER IS GRE ATER. 2. PIPE L ARGER THAN 24" = O.D. OF PIP E + 18". 3 . CRADLE SHALL EXT END A MIN. OF 6 " BEYOND EACH SIDE OF PIPE. -~-~--J_ .. •:.. ·-.··· .. •. ~-'-~·;....,~--~-:.Si?~8 \: ~ 11·-o"I . -jTYP .r- RUBBER GASKET JOINT BEL L-BELL BEND 3000 PSI CONCRETE KEE P A MIN. OF 1'-0" CLEA RANC E BE TWE EN CONCR ETE AND JOINTS OR BOLTS ON C.I. PIPE, OR IN EXCESS OF 1'-0" AS DETAILED . E1-20 MATER I AL E2-20 CONSTRUCTION M.J.-M .J. BEND _ 11·-o"I --,TYP .r- MECHANICAL JOINT MAIN ------~-- ~ TYP. BELL AND SPIGOT JOINT CITY OF FORT WORTH , TEXAS CONCRETE CRADLE NO TE: WHEN CRADLE IS SHOWN OR SPECIFIED FOR INSTALLATION ON CONCRETE PIPE, THE FULL JOINT LENGTH OF THE PIPE OR FITTING SHALL BE CRADLED . DATE : FEB . 2 009 WTR-009 CLASS "B" (2500 PSI) CONCRETE #4 STEEL BAR NOTE : m KEEP CONCRETE CLEAR OF PIPE JOINTS AND BOLTS WRAP PIPE WITH 15# ROOFING FELT FORM AS NECESSARY 6 ..---.. z ~ a::: w I-8 w ~ <( 0 _J <( z ~ 10 0 z w Cl. Cl. 12 go· *VOL . REQ 'D. (C .F.) 39 .99 A (FT .) 2 .50 B (FT.) 4 .00 C (FT.) 4.00 *VOL. REQ'D . (C.F.) 71.09 A (FT.) 2 .83 B (FT.) 5.00 C (FT.) 5 .00 *VOL . REQ'D. (C .F.) 111 .07 A (FT .) 3 .25 B (FT.) 5 .90 C (FT.) 5 .90 *VOL . REQ'D . (C.F.) 159 .94 A (FT.) 4 .17 B (FT.) 6.20 C (FT.) 6.20 BENDS 45· 22.5" 21 .64 11 .03 1.42 1.00 3.88 3.36 3 .88 3 .36 38.47 19 .61 1.67 1.50 4 .80 3.6 6 4 .80 3 .6 6 60 .11 30.6 5 1.92 1.7 5 5 .60 4 .2 5 5.60 4 .2 5 86 .56 44.13 2.42 1.4 2 6.00 5 .54 6.00 5 .54 *VOLUME CALCULATED ON THE BASIS OF CONCRETE REACTING 11.25 " 5.54 0 .75 2 .75 2.75 9.85 1.00 3.20 3.20 15.40 1.50 3 .25 3 .25 22.17 1.25 4.20 4 .20 THRUST ON THE RESPECTIVE BENDS UNDER AN INTERNAL. PRESSURE E1-20 MATERIAL E2 -20 CONSTRUCTION OF 150 PSIG AT THE RA TE OF 150 LB. WT. PER CUBIC FEET OF CONCRETE. CITY OF FO RT WORTH, TEXAS EXAMP LE A VERTI CA L TIE -DOWN BLOCK DATE: FEB. 2009 W T R-010 ® ® 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" BLIND FLANGE ATTACHED 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 12 5# PATTERN BLIND FLANGE WITH STEEL BOLTS AND BRON Z E NUTS THEN COVER WITH CEMENT GROUT AFTER INSTALLATION. 125# PATTERN FLANGE, UNLESS REQUIRED OTHERWISE. FLANGES AND BLIND FLANGES TO BE DESIGNED TO WITHSTAND PRESSURE RA TING OF PIPE. WYE BRANCH TO BE ONE SIZE LARGER THAN, BUT TAPERED TO STANDARD RUN NORMAL DI AMETER UNLESS OTHERWISE SPECIFIED . STANDARD RUN DIAMETER E1-4 MATERIA L E2 -4 CONSTRUCTION CITY OF FORT WORTH, TEXAS STANDARD CLEANING WYE DATE : FEB . 2009 WTR-022 FLOW E1-7 MATERIAL LOOPED SYSTEM SLEEVE EXISTING GATE VALVE 1. INSTALL M.J. WYE AT END OF IMPROVEMENTS. 2 . RECONNECT TO EXIS TING USING M.J. SLEEVE . 3 . AFTER CL EA NING WITH POLY-PIG, REMOVE CLE AN ING WYE . FLOW NON-LOOPED SYSTEM EXTEND PIPE RISER ----7' ABOVE GROUND LEVEL 1. INSTALL M.J . WYE AT TERMINAL END OF MAIN. 2 . PLUG THE STRAIGHT RUN OF THE WYE AS SHOWN. 3 . AFTER CLEANING WITH POL Y-PIG, REMOVE CLEANING WYE. E2-7 CONSTRUCTION CITY OF FORT WORTH , TEXAS DATE : FEB . 2009 CLEANING WYE DETAIL FOR LOOPED AND NON-LOOPED SYSTEM 12" AND UNDER WTR-023 11 111 111 111 111 1 ----+++--+--TYPE "C" BACKFILL MINIMUM 6" INITIAL ---~-'--'-'-='...-"-!· SEE SPEC . E1 -2.4 G.C .D. BACKFILL COVER ~<,;Jn,1,.1.l.r--SAND MATER IAL EMBEDMENT & INITIAL BACKFILL SEE SPEC. E1 -2 .3 G.C.D. MINIMUM 6"---t--Ht~~~ EMBEDMENT WAT ER: TYPE "C" BACKFILL SEE SPEC . E1 -2.4 G.C.D. FILTER FABRIC- SUPAC-HEAVY GRADE BNP (UV) OR APPROVED EQUAL. CRUSHED STONE SEE SPEC . E1 -2.3 G.C.D . WATE R: SIZES 16 " AND LAR GER SANI TARY SEWE R: ALL SIZES NOTE: SPECIFICATION REFERENCES ARE FOR WATER AND SANITAR Y SEWER ONLY. SAND GRADATION • LE SS THAN 10% PASSING #200 SIE VE • P.I. = 10 OR LE SS CRUSHED STONE GRADATION SIEVE SIZE 1 .. t" %" #4 #8 RETAINED 0-10 40-75 55-90 90-100 95-100 MA TERI AL SPECIFICATIONS THE EMBEDMENT AND BAC KFILL 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 O F FORT W ORTH, TEXAS DA TE: JUNE 2 0 09 WATER AND SANITARY SEWER EMBEDMENT AND BACKFI LL DETAILS WTR-029 ~" TUBING 2" GAL V. PIPE NOTE: CONTRACTOR SHALL BE REQUIRED TO COVER METER VAULT WITH PROTECTIVE GUA RD. 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 CONTRACTOR . EXISTING COPPER SERVICE LINE CITY OF FORT WORTH , TEXAS TEMPORARY SERVICE CONNECTION DATE: FEB . 2009 WTR-031 EXISTING PAVING 36" MA X. ASPHALT COVER 15# ROOFIN G FELT. 36" WIDE 2" GAL V. PIPE 2-STANDARD FINISHED 2 "x 6 " WOODEN PLAN K S / CITY OF FORT WORTH , TEXAS DATE : FEB . 2009 INTERSECTION & DRIVEWAY APPROACH CROSSING FOR TEMPORARY WATER SERVICE WTR-032 EXISTING SURF ACE G) @ BACKFILL AS APPROPRIATE 6" MIN . DIM ENSION . 6" MA X. FOR PAY PURPO SES WHEN BID PER CUBIC YARD . G) 6" MIN . DIMENSION . MA X. FOR P A Y PURPOSES SHALL BE 6" ON MAINS 24" AND SMALLER, 9" ON MA INS 30" AND LARGER WHEN BID PER CUBIC YARD . 4" MIN . DIMENSION. 4 " MA X. FOR PAY PURPO SES WHEN BID PER CUBIC YARD. (±) CLASS 'E' (1500 PSI) CONCRET E. E1-7 MATERIAL E2-7 CONSTRUCTION CITY OF FORT WORTH , TEXAS CONCRETE ENCASEMENT DAT E: FEB . 2009 SAN-020 ~ I ~ 0 0 0 0 0 0 10 FEET o~ ~ <I MIN.\ o 0:: w 0 0:: ro 3 <I 0 0 0:: w 0 LL w LL z 0 => 0 0 m N 0 0 X 0 z <I 0 :z:: :z:: 0 0 f- 0 f-w i w w 0 w 0 LL LL 0 CS) 0 CS) CS) LD 0 ROAD X WORK AHEAD Thi s plan 1s submitted for TCP. I certift,1 this plan wi ll b e used for the foiling l ocat io n(s}: I I and that all channelizing devices will conform to 'General Notes ' as shown on the back. CITY OF FORT WORTH i TRANSPORTATION AND PUBLIC WORKS TMUTCO Figure TA-3 ,4 & 6 Date TYPICAL TWO WAY STREET -SPEED LIMIT -30 MPH OR LESS SHORT TERM ST A TIONARY -12 HRS OR LESS DAYTIME ONL-Y~ Note: See r everse side for Genera l Notes and Dev i ce Spaci ng PLAN "220 B" ;:; 0 N N z <l'. ....J n.. END ROAD WORK 10 FEET 0 MIN. 0 ° ( ii D D D D D 0 0 0 0 0 0 0 0 0 y Cl: 0 ~ Cl: w LL LL :i 0) ..J I') ;:, <( w Cl: <( w z 0 N END ROAD WORK 0 o This plan is submitted for TCP. I certify this plan will be used for the following location(s): N ' n ' l{) and that all channelizing devices will conform to "General Notes" as sh o wn on the back. w ..... <i: Signature: Date: 0 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS TYPICAL TWO WAY STREET -SPEED LIMIT 30 MPH OR LESS INTERMEDIATE TERM -OVERNIGHT lO 3 DAYS Note: See reverse side for General Notes and Device Spocin . p LAN 11 2 2 Q C 11 ________________________________________________ j ,,,..-----··- j N N z <{ _J 0... 0 0 N '- ") '- l[) w Flogger 2 Flogger s requi red wheneve o pp osi ng traffic r e quir ed to use some lone . Floggers sha ll be in constant radio contact. No congregroting around flogge r s to tions . Flogger stations must be ligh te d at night . END ROAD WORK D D D 0 0 0 0 0 0 0 0 D D ~~- ~ END ~ <( O:'.w 00::: 3: <( O:'. WW u. z u. 0 :J N m z ~ f-w w u.. X X <( 2 (} 0 ROAD WORK Flogg e r Required On Callee tor /Res iden tial Streets . Additional Flogger s Moy Be Required Depending O n Field Condi tio ns . This pion 1s submitted for TC P . I certify t his pion will be u sed f or the f ollow ing locotion(s): ':;: and that all channelizing devices will conform to "General Notes " as shown on the bock. 0 Signature: Dote: CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS Note: TYPICAL TWO WAY STREET LANE CLOSURE See reverse side for General Notes ond Device S acin PL AN "2 21" , ... t' \ ~ I LL z <( _J Q_ 0 0 N ' 0 I") ' := w f- <( 0 ~- -~ ~ it END DETOUR w li[wl ~ / z t---w .1. w 0:: t--- ~/ Vl T ¢= ~ /1-- .1. STREET N.AME ~ ' O[TOUR ROAD q CLOSED g ~ ~130 "». ~ ll'tW'N 133~1S T ;/ ~ ¢= ~ /1-- ni w :::, <{ z STREE T NAM( t---DETOUR w w 0:: t--- Vl ~T ~ it D R .1. --------- Thi s pion is submitted for TCP . I certify this pion will be used for the following and that all channelizing devices will conform to "General Notes" as shown on the bock. Signatu re : Dote: CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS FULL STREET CLOSURE DETOUR Note: See reverse side for Generol Notes ond Device S PL AN II F -111 ·' ( .\ N ' LL ~ __J Cl. 0 0 N ' 0 I") ' w f- <( 0 ROAD CLOSED ROAD CLOSED ~ w ~ z ,_ w w 0:: ..... V1 ~ OIJ~tfl r.tf-11 o, OJS01J O.Dit i ~ OUR L L 111;1JI -I -1/ ~ ROAD CLOS£0 AHEAD /~ .L srR!ET NAME ' [ill 0£!0</I> ~ ~ "10lJO """ 3'ft'M 133ll1S T This pion is submitted for TCP. I certify th, pion will be used for the following loco t ion(s): and that all channelizing devices will conform to "General Notes" as shown on the bock. Signature: Dote: CITY OF FORT WORTH TRANSPORT ATIOi'J AND PUBLIC WORKS FULL STREET CLOSURE DETOUR Note: See reverse side for General Notes and Device Spac in p LAN "F -2" r ... I (.'.) z <( __J 0... 0 0 N '-(!) '-0 .. w I- <( 0 w ~ z ,.... w w Ct: ,.... Vl lOIS H3·HO 3SO <:== 03S010 >llVM.30 SIDEWALK C L OSED S~SED] US( OTHER SOE This pion is submitted f or TCP. I ce r tify this p ion wil l be used fo r the fol l owi n g locot i on(s): and that al l channelizing devices wi ll conform to "Genera l Notes" as shown on the bock . Signature: CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS Dote: SIDEWALK CLOSURE DETOUR Note: ee rever s e side or enerol Jo es and ev,ce poc,ng. PLAN "P-1" I a 1~ This plan 1s submitted for TCP. I certify this plan will be used for the following location(s): ' 1: <( and that all channelizing devices will conform to "Gene ral Notes" as shown on the back. o Signature: Date: f-2 1TY OF FORT WORTH SIDEWALK CLOSURE DETOUR TRANSPORTATION AND 1 ~N~o~t~e_=~~~~~~~~~~~~~~~~~~~ PUBLIC WORKS See reverse side f o r General Notes and Device S o ci n. PLAN 11 P-2 11 "GENERAL NOTES" 1. All channelizing devices shall be in accordance with the current edition of the Texas Manual on Uniform Traffic Control Devices . 2. All Traffic Control Devices shall have working vis ible warning lights as required in accordance with the current edition of TMUTCO . 3. For Temporary Situations, when it is not feasible to remove and restore pavement markings , channelization must be made dominant by using a very close device spacing. This is especially important in locations of conflicting information, such as where traffic is directed over a double yellow centerline . In such locations, channelizing device spacing of 10 feet is required. · 4 . For Long Term Stationary work, all conflicting pavement markings must be removed and centerline striping provided where two way traffic is in adjacent lanes . 5. Contractor shall provide sidewalk closure, crosswalk closure and/or walkway bypass wherever pedestrian movements are affected by construction activities. All sidewalks and crosswalks shall be accessible when contractor is not working unless otherwise approved by the City Traffic Engine er. 6. The use of trailer mounted ARROW DISPLAYS may be required on all lane closures. The contractor shall provide one (1) stand-by unit in good working condition at the job site, ready for use, if his operation requires 24-hour a day closure set-ups and if required. 7. City Traffic Engineer and/or Inspectors may require additional traffic control devices . Posted Speed Formula* MPH 30 35 L=WS 2 60 40 45 50 L=WS *L= Taper length in feet TYPICAL TRANSITION LENGTHS ANO SUGGESTED MAXIMUM SPACING OF DEVICES Minimum Des irable Taper Suggested Maximum Device Lengths (L) Feet Spacing 10 ' 11 ' 12' On a Taper On a Tang ent Lane Lane Lane (Feet) (Fe et) Offset Offset Offset 150 165 180 30 60-75 205 225 245 35 70-90 265 295 320 40 80-100 450 495 540 45 90-110 500 550 600 50 100-125 W= Width of offset in feet S= Pos ted speed Note: Buffer Zone will be 25 feet (maximum). LEGEND DD ~ o=° Channeliz ing devices Trail er mounted ar row display Flagger Barricade Suggested Sign Spacing (Feet) II X" Dimension 120 160 240 320 400 " / / / < Section 07 -Contracts, Bonds and Insurance 7 .1 -Certificate of Insurance 7 .2 -Contractor Compliance With Workers' Compensation Law 7.3 -Conflict of Interest Questionnaire 7 .4 -Performance Bond 7 .5 -Payment Bond 7.6 -Maintenance Bond 7.7 -City of Fort Worth Contract 7 .8 -Easements 7 .9 -TxDOT Permit NOTICE The blank spaces in the Certificate of Insurance; Performance , Payment and Maintenance Bonds ; and Contract are not to be filled in by the Bidder at the time of submitting his proposal. These forms are included herein to familiarize the Bidder with such forms which the successful Bidder will be required to execute. CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406 .96 (2000), as amended , Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.5424 and City of Fort Worth Project No. P227- 541200-203280048483. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR I Title : ~€s,oe"Nt ----------- Date : _Q"-'--'-~-"'-+-} -=0 --"fs'--,/,___._I I __ _ Before me , the undersigned authority, on this day personally appeared -.J,e , , known to me to be the person whose name is subscribed to the foregoin instrument, and acknowledged to me that he executed the same as the act and deed of Conatser Construction TX, LP. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this{~ &~ 11 Notary Public in and for the State of Texas ,,,,·~~~/:'•,, VICKI L. OLSON ,:;~~~ ••.. 1,,; [~·· '•("\ Notary Public , State of Texas ; ,;;. .: .. ~ My Commission Expires ~~i,,;;,~.~~$ Novem b er 12, 2013 11ii'n\ Bond No: 022028983 PERFORMANCE BOND THE ST A TE OF TEXAS § KNOW ALL BY THESE PRESENTS : COUNTY OF TARRANT § That we (I) Conatser Construction TX. LP. as Principal herein, and (2) tA~iif~c~ca66anv . 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: Seven Hundred Thirty-eight Thousand Five Hundred Sixty and No/100 ....................................................... .. ($738.560.00) Dollars for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. . FEB 15 2011 WHEREAS, Principal has entered into a certain contract with the Obligee dated the __ of ____ _ 2011 a copy of which is attached hereto and made a part hereof, for the construction of: Construction of the Kermit-Bonnie Drainage Improvements. 4600 Merida Drainage Improvements. and Waverly Park Drainage Improvements NOW THEREFORE, the condition of this obligation is such, if the said Principle 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. SIGNEDandSEALEDthis FEBof152011 2011. ATTEST: (Principal) Secretary (SEAL) Witness as to Principal 5327 Wichita Street, Fort Worth,TX 76119 Address ATTEST : (Surety) Secretary (SEAL) GP PO Box 15448 Fort Worth. TX 76119 (Address) Liberty Mutual Insurance Canpany Sucety~ /) . BY•~~~ (Aii;mey-m-fact) (5) Glerma S. Davis 175 Berkeley Street Boston; MA 02) )7 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation of Surety Telephone number of surety must be stated . In addition, an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. The date of bond shall not be prior to date of Contract. --\ THE STATE OF TEXAS COUNTY OFT ARRANT § § § Bond No: 022028983 PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we, (1) Conatser Construction TX, LP., as Principal herein, and (2) Liberty Mutual Insurance Canpany, a corporation organized and existing under the laws of the State of (3) MA , 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 Seven Hundred Thirty-eight Thousand Five Hundred Sixty and No/100 ......................................................... Dollars ($738,560.00) 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: ff M , 5 Wff REAS, the Principal has entered into a certain written contract with the Obligee dated the __ day of _____ , 2011, 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: Construction of the Kermit-Bonnie Drainage Improvements, 4600 Merida Drainage Improvements, and Waverly Park Drainage Improvements 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. . rre 1 5 2011 SIGNED and SEALED this __ <Tay ot, ____ _,2=0;..;1 __ 1. .-I Conatser Construction TX, LP. :~I~ ~.Conatser ATTEST: (Principal) Secretary President of Conat ser Managerrent Title: Group, Inc., GP (~ Address : PO Box 15448 Fort Worth, TX 76119 Witness as to Principal ATTEST: Secretary (SE AL) NOTE: (1) (2) (3) Liberty Mut ual Insur ance Ccrnpany Name : Glerma S. Davis Attorney in Fact Address : 175 Berkeley Street Bos t on, 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. Bond N5: 022028983 MAINTENANCE BOND THE ST ATE OF TEXAS § COUNTY OF TARRANT § That Conatser Construction TX, LP. ("Contractor"), as principal, and Liberty Mutual Insurance Ccxnpany 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 Seven Hundred Thirty-eight Thousand Five Hundred Sixty and No/100 ............................................................................................................................................ Dollars ($738,560.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the , 2011, a copy of which is hereto. attached and made a part hereof, for the performance of the following described public improvements : Construction of the Kermit-Bonnie Drainage Improvements, 4600 Merida Drainage Improvements, and Waverly Park Drainage Improvements the same being referred to herein and in said contract as the Work and being designated as project number(s) P227-541200-203280048483 and said contract, includ ing 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 rece iving 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 cond itions 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§. counterparts, each of which shall be deemed an original, this __ day o EB 1 5 2011 , A.D .2011 . ATIEST: (SE AL) ~ Secretary ATIEST: (SE AL) Secretary Zolyn Mapl Conatser Construction TX, LP. Contract ~ ~ By :~ ~Conat s e r T'tl Pre siden t of Conat ser Managerrent 1 e: Grou~. Inc., GP Liberty Mut ual Insurance Caripariy Surety By:~~ Name: Gle rm.a S. Davis Title : ---'A=t=t =orn=e.._y---=i=n;....;-F""'a'""'c ""'t ______ _ 175 Berkel e y St reet Boston MA 02117 Address Tel No : 972 .222.9 588 3042204 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 arid 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 undertakinas, bonds, recoanizances and other su. rety obligations in the oenal sum not exceeding TWENTY FIVE MILLION AND 00/100**'********************1,***************1, 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 otthe 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. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 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 3rd day of August , 2010 COMMONWEAL TH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY CERTIFICATE LIBERTY MUTUAL INSURANCE COMPANY Bybc:~ M-fZ<-J;bf; Garnet W. Elliott, Assistant Secretary 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 c.ertity 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 . FEB 15 2011 IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this--------day of Important Notice TO OBTA IN INFORMATI ON OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Sure ty at: Liberty Mutual Surety Intercha nge Corporate Center 450 Plymouth Road , Suite 400 Plymouth Meeting , PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on compan ies , coverages , rights or complaints a t: 1-800-252-3439 You may write the Texas Department of Insurance : P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http :l/ww1111.t dL s!§J.e .tx.u.~ E-mai l: Con s um e rProte Gti QTI@ld i.s ta t e .tx .u s Premium or C la im D is p utes S hould you have a dispute conce rning a premium, you should co ntact the agent first. If you have a dispute concerning a claim, you should contact the compa ny first. If the dispute is no t resol ved, you may contact the Texas Department of Insurance. A tta ch This N otice To Yo ur Po l icy : This notice is for information only and does not become a part or co ndition of t he . attached document. UvllC -3 5 00 Page 1 of 2 Rev . 7 .1 .07 THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS FEB 15 2011 This Contract made and entered into this the __ day of A.D ., 20!!, by and between the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant County, Denton, Parker, and Wise Counties, Texas, by an through its duly authorized Assistant City Manager, ("Owner"), and Conatser Construction TX, LP., ("Contractor"). Owner and Contractor may be referred to herein individually a s a "Party" or collectively as the "Parties." WITNESS ETH: That said parties have agreed as follows: I. 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: Construction of the Kermit-Bonnie Drainage Improvements, 4600 Merida Drainage Improvements, and Waverly Park Drainage Improvements 2 . That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools , appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth . 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to full y 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 350 working days . If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as fffl'l"l7Tr. m-11-m· rl+~Rei-ft-1. OFFICIAL RECORD CITY SECRETARY FT. WORTH. TX Conditions, there shall be deducted from any monies due or which may thereafter become due him , the sum of $315 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 s ame 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, s etting 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 injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and condit ions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees .. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7 . The Contractor agrees , upon the execution of this Contract, and before beginning work, to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. All bonds furnish hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended . A. If the total contract price is $25 ,000 or less , payment to the contractor shall be made in one lump sum. Pay ment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX B . If the contract amount is in excess of $25 ,000 , a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the Contract amount is in excess of $100 ,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the Owner. D. A Two-year Maintenance Bond in the Name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee contained in the Contract Documents. 8 . The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of the foresaid 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 Seven Hundred Thirty-eight Thousand Five Hundred Sixty and No/100 .................................................................................................................... Dollars, ($738,560.00). 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 Director of the Department of Engineering. 10 . The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified , promulgated and set out by the City of Fort Worth, Texas , a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in ~ counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in ~ counterparts with its corporate seal attached. . . rte 1 s 2011 Done m Fort Worth , Texas, this the __ day of ____ __._A.D ., 2011.: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVAL RECOMMENDE D : Transportation Public Works ATTEST:~ Conatser Construction TX, LP. PO Box 15448 Fort Worth, TX 76119 CONTRACTOR BY ~ ~ ~~-·- Jerry Co natser , Pres iden t of Conatser Management Group, Inc, G.P . TITLE ?tJ i3o~ ;s-f{B fr Wt>!Zrl/, TX 7 6' / 11 ADDRESS November 1960 Revised May 1986 Revised September 1992 CITY OF FORT WORTH F ERNANDO COSTA, ASST CITY MANAGER Contract Authorizatioa c9-/ ts l jJ Date CITY SECRETARY (S E AL) APPROVED AS TO FORM AND LEGALITY : ~EY OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX KERMIT AVENUE CULVERT AND STORM DRAIN LINE A Parcel# 1 Doe# 5424 BUCKNER FOUNDATION & M. CALABRIA, AS CO-TRUSTEE Lot A, BLOCK 19, RIDGECREST ADDITION STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PERMANENT DRAINAGE FACILITY EASEMENT (Earthen Channel) DATE : August 13th, 2009 GRANTOR: Meriam Calabria Trust, Amended Trust No. 1 Dated Oct 9th, 2001 Buckner Foundation & M. Calabria, as Co-Trustees GRANTOR'S MAILING ADDRESS (including County): 600 North Pearl Street, Suite 2000 Dallas County, Dallas, Texas 75201-2896 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 .. . .. ~ CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration~ the ~-'-- receipt and sufficiency of which is hereby acknowledged . PROPERTY: Being a portion of Lot A, Block 19, Ridgecrest Addition, Fort Worth, Tarrant County, Texas as recorded in Volume 388-T, Page 80 , Plat Records, Tarrant County, Texas and being more particularly described in Exhibit "A" Granter, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Drainage Facility, hereafter referred to as "Facility". The Facilit.y:includes all incidental underground and aboveground attachments, equipment and appurtenances; --·:,,i:-i::c10 . : ·,:c:-~r including, but not limited to manholes, pipelines, junction boxes. headwalls, slope pavement, PERMANENT DRAINAGE FACILITY EASEMENT (Earthen Channe~ drop structures, access ramps, gabions, rock rip-rap and other erosion control measures in, upon, under and across a portion of the Property and more fully described in Exhibit "A' attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility . In no event shall Granter (I) use the Property in any manner which interferes in any material way with the unrestricted flow of water within the channel or is inconsistent with the rights granted hereunder. or (II) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures whether or not they require a building permit. In addition , in no event shall Granter plant or maintain any landscape material in the Property other than grasses within the drainage channel. Grantee shall be obligated to restore any grasses on the surface of the Property at Grantee's sole cost and expense which may have been removed , relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] PERMANENT DRAINAGE FACILITY EASEMENT (Earthen Channel) Rev. 06/2008 ld-,e 3 f /0 ~> ~h/D'f .. 1 GRANTOR: Meriam Calabria Trust. Amended Trust No . 1,dated Oct. 9, 2001, Buckner Foundation & Meriam Calabria, Co-Trustees }(By: yJ~ (}{ ~ David M . Slover, Executive Vice President, Buckner Foundation, ACKNOWLEDGEMENT ST ATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas . on this day personally appeared David M. Slover. Executive Vice President. Buckner Foundation. known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Meriam Calabria Trust, Amended Trust No . 1,dated Oct. 9, 2001, and that he/she executed the same as the act of said Meriam Calabria Trust, Amended Trust No. 1, dated Oct. 9, 2001 for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this )~ day of ~ PATRICIA J. WILLIAMSON Notary Public, State of Te~as My Commiss ion Expires April 24, 2011 PERMANENT DRAINAGE FACILITY EASEMENT (Earthen Channel) Rev . 06/2008 ' J GRANTEE: City of Fort Worth Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY Assistant City Attorney ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME. the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this // +17 day of EVONIA DANIELs MY CO!.IWSSION EXPIRES July 10, 2013 M & C· . . DATE Cjl iLr :o~ . AGENT)<h~f'("\~E#~ PERMANENT DRAINAGE FACILITY EASEMENT (Earthen Channel) Rev . 06/2 008 .... ~. ~. ,------ ' ------ rri1 -··. ._ .... ... ·:··. .· . .... . . •... <:: iJ .·:. ·:. .. . .. . . : . . .. :· ... . . : exH,a1t i·A':' ·:: :· :/::·:.:: ............. ~ •' :·'..:-; :· ::.:.:.·:-::-: ... :::'.·:'•'.'.·'..:"· ... : .. :· .. ::-::;-::==:J t >><: . · .. -::-:: .... · .. . . ··\::_:·/=::·: ..... \::.:-······ .•·. ··. ·:· ··.· ·. ·, .. -:·. ~. ·: '· ·, -. . ··. :··\:: ·: · i . ·,. :: = THEN$E 1~oqfrf 13~20'0011 ·West·a)~Ii$tar1ee 'of:80 ~0d feet-to a poi~t; .· .. : ··::; ·., ./ ' _:(< :)j\= , .. : 'i: ,: ::}::.i!!:??:Y\t ) . · •.. ..:.:.:: ,•. · .. :· . ::-: ·::: :. . .. •. .. . •• ..... ,· ... ::··· :·:·-·::::./-::-: ........ /·-:=·····.·· .··-: :=.":::/:::::·· .::.:: ... :· . .::·i:·:\:-:···.::::::' .... , . ····:,: /: :"::·:::·:·:-;::.::: ·.:;·:: ::: .··\: .. /\:.:,: :-::: :.:{·:-:.:-:: ·: :. ·::·>·:::;::_:.: .. .: :: ·::. -:·-.. ;;··.:y·;y:: _;:_.·:_.·:.:-;_::>:.:•: :-:::,::-:_:·:.::::. 11{ f JI1!0~1};C:f 1f ilt~tl.({4f 1Jllltli~l,i,,tl\Vlliltt mt:rr~!~;' ;1(1,il,;1)[:f !i!\\I; :::::\:/'.(;'./=::::'. .. : . -TH.~~p~ No.~h 13"2Q10_0l'-Bc1st ; alori{fth_e ·s~id -pro~rjylines J /1 qistaii~_pt8~.o.o·t~ttc{ .· -:'_. :-:.·. :: .'.:. :::::: ]!~Jf J/li> i<~t~llliiiltliif Jiili~ii~ij{f lil~~1[!~~iilllJiii t~~i;1~iii,j:~It/iI1~~1moo · · .. :<: .:-_ . · .. · · . 0.006 acres ·(24.1.4 Sq.' Ft.). contained Jn1li"e ·ex isting . W wiij~ ea~¢~entJQ. toe . Qify ··of :F ort ·· , '·: ... , i ·:· ::-.. . .: . i : <:·:·>::.:: · · .. · worth ~s · ff1fe9rd.~frii· v<,it;Jrri~:sfl45,·:Rage·s1a ::.o~RTL<t:t >and .. _ie~~-th~.ai:eii:qt'o:009 ·.· .' ·, .. :· ::<: ·:<-.: ~~· • ~~~! ·.··.··.·.:-·:··:.··.:· ··:::::-::-;:-· ... · ... ·· .. :.:.· .. :.·:.···:.;·, ~:· : . . '.l .: ... ·.:· .... ~..:~ -to.~~ :"' .... · .. · .... :·:.::-:\.)(/ . . ::-::,-,:r<r(:. :: ·;":·:· ... ::· :-: ·::·· '·';r·:;-:·::-;;:: ... .'·(·:': .·.,:. :·.'..'i.·S1i~2o!® .. Yf :··:'· '·. /:,:::\,:.,::i.,.,l.¥1;9P-~, .. :::,::::,::: ,:·::'.O:::: ,· .:::.· •:::::-:::-:::::-,,,.:· .. . A/J£A. .. Wflf]i,it iit,jpiJ.st.d -~COfJl:S/f{O~ _.··Ir·. ·. '·:./ . . . ·. } .. ·.. .''. '.,·· .. ·., :-::/:·•< ::;::/ . 'f'XI.S:.lNC.. -...'/J., Wtql{._t,711.m FA:£M£NT 1 .. , .. 1 .,,. 1~_. ! · .If .· , :. ·· .. -VOL ·-t5522· PG"; :.43 1--.. ,-: . ,~Vt; ~B.!J-l P,a ,ao·:F.dl7,C.)L .. !:.":"····,.·· ·.· .·.·· · ·. · --"j · ·. : ·:: ·. (>-.. : ;.-;-:: : ·, ll',R~'r~{\f.·:'.· , ·, _:·· .: ,.. · 0/0..1.i Ap,.w~ . .r,. "IIOJ:s · s.o. ·rr.), , . :n :-: ··: :-:1 . · . . 1 ·: ·· · , : ,,,:t>-'·' . ·,' PLAT OF EXHIBIT "A" SEE ATTACHED LEGAL DESCRIPTION ON PAGE 5 EXHIBIT "A~ HEREIN 0 30' 60' GRAPHIC SCALE IN FEET [1NFORMAr10NnN,_.~_-:·, :__1_ _ __ 1 .. = 30 ~oT 1. BLOCK 18 _ j ~ RIDGECREST ADDITION -----VOL. 388-T PG. 80 I I S7S41'16"E r.'x " FN~ 120.00'} P.O.B. -.. ~ EXHIBIT "A .. LOT 10, BLOCK 13 .._ -... RIDGECREST ADDITION VOL. 388-T PG. 80 P.R.T.C.T. D = 01·1s'19" R = 2633.51' L = 60.00' --P.R.T.C.T. ~ --• l.JNf .. CH = s71•-43'46"E CL = 60.00 FT 2.990 ACRES (DEED) LOT A, BLOCk 1 9 RIDGECREST ADDITION VOL 388-T PG. 80 P.R.T.C.T. BUCKNER FOUNDATION ct M CALABRIA, AS CO-TRUSTEES VOL 15522 PG. 431 D.R.T.C.T. NOTE: THE BASIS OF BEARINGS FOR THIS SURVEY IS ESTABLISHED FROM BEARINGS SHOWN ON BLOCK 19, RIDGECREST ADOfTION, BEING AN ADDITION TO THE CITY Of' FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE ·PLAT THEREOF RECORDEO IN VOL 388-T, PG. 80, P.R.T.C.T. KERMIT A VENUE CUL VERT & STORM DRAIN LINE A PARCO. NO. 1 SUBDJ\IISION: RIDGECREST ADDITION LOCATION: QTY OF FORT WORl'H , TARRANT COUNTY, TEXAS ~OU: PROPERTY ACREAGE: 2.990 ACRES DEED S&A JOO NO.: 08-1620 DRAWN BY: J.W.C. DATE: a-13-09 CHECKED BY: E.S .S. D.O.E . #5424 PERMANENT DRAINAGE EASEMENT EXHIBIT • A" PAGE 6 OF 6 __ f\t·v - SPOONER & ASSOC.. INC . 309 BYERS STREET, #100, EULESS, 1X 76039, PH 81 7-28l-2355 -FAX 817-685-6508 REV, 8 ,-.27--09 ~J7~l'O 0n) ~ llse,· Name : Eric Prn-jr:~ t: 1620 · FW-DRAINAGE -2007 C1·c;,tc Map<;t;eck Reports ,,. Date 08-27-09 Time 09:23 :45 P~r.e l =·====---------=--------------------·-=-:::---"::~.-···-·--·==-·=::====~ Lot Nlillle: Lot Description: Lot ID: Lot Oioner: Lot Area (Square Feet): Lot Area (Acres): Lot Perimeter: Parent Area (Square Feet): Parent Area (Acres): Percent of Parent: Closing Direction : Closing lli.sta11ce: PARCEL 1 3' easement PARCEL 1 3· ease111ent VOL 5645 PG 313 11one none 241. 42 0.006 166. 183 0. 00 0.000 0.000 S72' l J' 1a·E 0. 0110 Course Data: (ldapchcck Through Radius Point:s Method ) Point Northing Easting Direction Begin 6943621. 7167 2296706.6066 Nl3' 20' oo·E PC 6943699. 6115 2296725.0680 RP 6941191. 1409 2295923.2263 Curve Direction: Ci Radia i In: S 17° 43' 36'f IJ.O.C Arc: 02· 10· Jr D.O.C Chord: 02· 10· 33· Radius: 2633. 5100 Delta angle: oo• 03' 56" Tangent length: I. 5066 Arc length: 3.0132 Chord Direction: $72" 14'26HE Chord length: 3.0132 External: o. 0004 Middle ordinate: 0.0004 Radial Out : Nl7" 47' 32.E Point Northing Easting Direction PT 69·13698. 6924 2296727.9376 S13° 2o·oo·w 6943620. 7712 2296709 .4699 ITTJ 0 43' 3r"lf End 6943621. 7201 2296706 .5961 EiTor of Closure 1 ; 15078 Departure in Y <Northing): --0. 0034 Departure in X (Easting): 0.0105 Lot Narue: PARCEL 1 5' easement Lot Description: PARCEL l s· VOL 388-T, PG. 80 Lot ID: none Lot Owner: none Lot Area (Square Feet): 398.99 Lot Area (Acres): 0.009 Lot Perimeter: 170 . 057 Parent Area (SQuare Feet): 0.00 Parent Area (Acres): 0.000 Pi,rct:n L of Parent: 0. 000 Closing Dinction: N12° 39• os·w Closing Distance: 0. 0049 Course Dnta: (IJapcheck Through Radius Points Method) Point Begin PC RP Point Northing 6943623 . 2858 6943701. 1294 6941191. 1394 Curve Direction: Radial In: IJ . O.C: Arc: D.O.C Chord: Radius: Delta angl<,: Tangent length: Arc length : Chord Direction: Chord length : External : Middle ordinate: Rsdial Out : Northing Easting Direction 2296701. 8547 N1J0 zo·oo·E 2296720.3040 2295923.2310 cw Sli0 37'04'11' 02· 10'32" 02· JO' 33" 2633. 5100 oo· 06' 32' 2.5025 5.0049 s12° 19'40'E 5. 0049 0. 0012 0.0012 Nl7° 43'36'E East i ng Direction Distance 80.0526 Distance 80.0798 3.0264 · '-Distance 80.0000 Di-stance ....... ,-,. ·Q.1:a ih, .. PT , • 6943699.6100 fi'.H3621. 7153 B1u. .. • 6943623.2844 Errti~· of Closure Depdrt ure in Y (Northing): fMparture in X (Easting): Lot N8111e: Lot Descripticn : Lot [D: lot Owner: Lot Area (Square Feet): Lot Area (Acres) : Lot Perimeter : Parent Area (Square Feel): Parent Arca (Acres): Percent of Parer.t: Closing Direction : Closing Distonc~: 2296725.0727 2296706. 6LIJ 229670 l. 8593 I : 34993 0. 0014 -0 .0046 s 13' 20· oo ·w N'71' 43' 37'1!' PARCEL I 20' easemen l PARCEL J 20' VO L 388-T. PG . 80 none none 1603.52 0.037 200.461 0 .00 0.000 o.·ooo N72' 02· oo#w 0.0066 Course Data :(Mapch ~ck Through Radius Points Meth od) Point lfox·thing Easting Direction Begin 6943617 . 0110 2296720 .8581 N13° 2o·oo'E PC 6943695 .0038 2291i739 .3427 RP 6941191. 1376 2295923. 2366 Curve Di rection : cw Radial In : s1a· 03' 1o·w D. 0. C Arc : 02· 10· 32# D. 0. C Chord : 02° 10· 33• Radius : 2633 .5100 Delta angle : oo• 26' 13' Tangent l ength : 10.0418 Arc length : 20 .0835 Chord Direction: S71 ° 43' 44 .E Chord length: 20 .0834 External : 0.0191 Middle ordinate: 0.0191 Radial Out : Nl8° 29'23~E Point Northing Easting Direction PT 694.3688. 7073 2296758.4136 s13· 20· oo·w 6943610 . 7139 2296739 .9288 N71° 43' 37"W End 6943617.0090 2296720 .8643 En-or of Closure l : 30538 Dep ,irture in Y (Northing) : o. 0020 Departure in X (Easting): -0.0062 80 .0526 5.0043 Distance 80 . 1533 Distance 80 . 1539 20 .0769 :· .. ' ,, :: :!i!!f (t!J!f ~!;?4~f t~~#,fuAYAND£A~t~fflt\/;l'.i';,'.\ , ''' :-: : ttt-/:\r<-:: .. :: FileffFt· ... }'.:•.:Lt~ •· ·········:•·· .• ·;/~t:Ylllll:l~IDl~llllltlillt•llllMllll:11111:111•11111.i:::.:·•·1•:•···•·i ..... · .. · ...... · .. ·.··::·:.: ·-:·:-·::/·.:·:-:=~>·'.:-:: -::..:>-·:,··:. ·.···,:· ... : .. :· <·:: . <:·:'= :·-:·: ·.. .· . .:·. · .. · ·:_._.: :·: :":·.·:· ·:: ··: :·-; :':. ·:::: .. : : o~ti$:2~:sta4 •····· -· ... ·.· •·· ilfrli}i!!fi!lf llliiltlill~l!IS'. ~~i· :<(t~f •• -. .•tg •:~ti ••:gt •:F::ot*··•~9r:;tU:,•·· ·:.-.'.·-:-··,:-::-::-::.:·;.:{:,.·-;: TXDOT PERMIT TO BE PROVIDED TO AWARDED CONTRACTOR