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Home My WebLink AboutContract 42126- - -• • Cl'fY Sc:e~l:iA~Y / D.O.E. FILE fORTWORTH CONTRACTOR'S BONDING CO. SPECIFICATIONS AND CONSTRUCTION'S COPY CONTRACT DOCUMENTS CLIENT DEPARTMENT FOR CITY ~ECRETARY4 ,--, I" 1 CONTRACT NO . or--o---\0 WATER REHABILITATION CONTRACT LXIX (69) PART 4 2011 WATER PROJECT No . P253-605170091583 D .O.E. No . 6622. FILE No. X-21480 CITY PROJECT NO. 00915 MIKE MONCRIEF MAYOR T.M. HIGGINS INTERIM CITY MANAGER WILLIAM A. VERKEST, P.E ., DIRECTOR TRANSPORTATION/PUBLIC WORKS PREPARED BY TranSystems Consultants 500 West Seventh Street, Suite 1100 Fort Worth, Texas 76102 817-339-8950 08-12-11 P04:28 IN CITY sr:e~ETARY /. D.O.E. FILE FORT WORTH CONTRACTOR'S BONDJN_G C0. SPECIF! CATIONS AND CONSTRUCTION'S COPY CLIENT DEPARTMENT CONTRACT DOCUMENTS FOR WATER REHABILITATION CONTRACT LXIX (69) PART 4 2011 WATER PROJECT No. P253-605170091583 D.O.E. No. 6622. FILE No. X-21480 CITY PROJECT NO. 00915 MIKE MONCRIEF MAYOR T.M. HIGGINS INTERIM CITY MANAGER WILLIAM A . VERKEST, P .E ., DIRECTOR TRANSPORTATION/PUBLIC WORKS PREPARED BY TranSysten1s Consultants 500 West Seventh Street, Suite 1100 Fort Worth, Texas 76102 817-3"9-8950 M&CReview Page 1 of2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT \\10RTH ~ COUNCIL ACTION: Approved on 7/19/2011 -Ordinance No. 19788 DATE: 7/19/2011 REFERENCE NO.: C-25045 LOG NAME: 60SS69P4- JACKSON CODE: C TYPE: PUBLIC NON-CONSENT HEARING: NO SUBJECT: Authorize Execution of a Contract in the Amount of $612 ,053.00 with Jackson Construction, LTD, for Sewer and Water Rehabilitation Contract 69, Part 4 on East Loop 820 Southbound Frontage Road from David Strickland Road to Martin Street and Adopt Appropriation Ordinance (COUNCIL D1STR1Cr5J RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $672,053 .00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund ; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $672,053.00 from available funds; and 3. Authorize the City Manager to execute a contract in the amount of $612,053.00 with Jackson Construction , LTD, for Sewer and Water Rehabilitation Contract 69, Part 4 on East Loop 82 Southbound Frontage Road from David Strickland Road to Martin Street. DISCUSSION: On January 20 , 2004, (M&C No . C-19937) the City Council authorized the City Manager to execute an Engineering Agreement with TranSystems Corporation d/b/a TranSystems Corporation Consultants for the preparation of plans and specifications for Sanitary Sewer Rehabilitation , Contract LXIX -Village Creek Drainage Basin (Enchanted Bay). On September 16, 2008, {M&C C-23052) the Agreement was revised by Amendment No. 3 that provided for the design of a 16-inch water line to serve the proposed Enchanted Bay North Development. This project, Part 4, consists of the installation of approximately 3,200 feet of water line along the· southbound Frontage Road of East Loop 820 from David Strickland Road to Martin Street. The project was advertised for bid on February 17 , 2011 and February 24 , 2011 in the Fort Worth Star-Telegram. On March 17, 2011, the following bids were received : BIDDER Jackson Construction, LTD Conatser Construction TX, LP S .J .Louis Construction Gra-Tex Utilities , Inc. Tri-Tech Construction, Inc. Lewis Contractors, Inc. AMOUNT $612,053.00 $658,778.00 $669,946.60 $675,792 .00 $684,843.00 $742,587.70 TIME OF COMPLETION 180Calendar Days M/WBE -Jackson Construction, LTD, is in compliance with the City's M/WBE Ordinance by committing to four percent M/WBE participation and documenting good faith effort. Jackson Construction , LTD , identified several subcontracting and supplier opportunities. However, the M/WBEs contacted in the area identified did not submit the lowest bids. The City's goal on this project http ://apps .cfwnet.org/council_packet/mc_review.asp ?ID=l5329&council ... Wednesday, Jul y 20 , 2011 M&CReview Page 2 of2 .-. is 20 percent. In addition to the Contract cost, $35,000.00 is required for construction staking, project management, material testing and inspection and $25,000.00 is provided for project contingencies. The project is located in COUNCIL DISTRICT 5 . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations , and the adoption of the attached appropriation ordinance, funds will be available in the current capital budgets , as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers 1&2) P253 476045 605170091522 2)P253 531350 605170091552 $672,053.00 $8,000.00 2) P253 511010 605170091580 $5,000.00 2) P253 531200 605170091584 $5,000.00 2) P253 531350 605170091584 $3,000.00 2) P253 531350 605170091585 $14,000.00 2) P253 541200 605170091589 $637,053.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 60SS69P4-JACKSON A011 .doc 60SS69P4-JACKSON MAP .pdf FROM Fund/Account/Centers 1) PE45 538040 0609020 $672,053.00 3) P253 541200 605170091589 $612,05.3.00 Fernando Costa (6122) S . Frank Crumb (8207) David L. Cooper (8252) http://apps .cfwnet.org/council_packet/mc_rnview.asp?ID=.l5329&council... Wednesday , July 20 , 2011 03/15/2011 TUE 10: 21 FAX C ITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO. I TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WATI:m REHABILITATION CONTRACT 69 PAiff 4 D.O.K NO. 6622 WATER PROJECT NO . P253-605170091583 BID RECEIPT DATE: 1:30 PM, MARCH 17, 2011 lSSUED: MARCH 15, 2011 id]OOl /00 2 Thi s Addendum No. 1 forms a pa,1 of the Contract Documents referen ce d above and modifie s the Ori g inal Co ntra ct Documents and Plans. Acknowledge receipt of this Addendum in the s pace provided below , in the proposal (page B 1-1 1) and acknow ledge receipt 011 the ou ter envelope of yo ur bid . Failure to ackn owle d ge receipt of each Addendum could subje c t the bidder· to disqualificati on . Pro s pective bidder s arc hereby not itied of the following: 1. Plan Sheet 13: Water and Sanitary Sewer Embedment and Backfill Detail (WTR 029) sha ll be reme:ve d and repl aced with attached detail dated November 2010. C ity standard water detail s are available on the City of Fort Worth's website (Buzzsaw) https ://[lli)~tpoint.buzzs aw .com / £J.i<l.JJ.\Lfan.\.Y..9.rt h gov /resou recs /c onstruction 12 Ian sl~!J5J.!1!.Q.tion detail s/water. All other provisions of the addendums, plans, specifications and contract doc uments for the project wh ich a re not expres s ly amended herein shall remain in full force and effect. Failure to return a s igned c o py of the addendum with the prop osa l shall be gro und s for renderin g th e bid non- responsivc . A sig ned copy of thi s addendum s hall be placed int o the prop osa l at the time of bid submitta l. RECEIPT ACKNOWLED GED: By· t: .. , J[L ,dJ~ . __ _ S. Fr~a_iy_k_~:~1111~ f>.E., Water Depa1 ·tm en t Di rector ,./ ~~ _-:-;_. . .. ···-----·-~-·-.--"··· Companv~S()'(\. ___ _ G::r'istru.c601 lh:\ . David Coo per, P E , Project Ma nager Adde ndum No. I 0 3 /1 5 /20 11 TUE 1 0 : 22 FAX MIN IMUM 6 " I NITIA L BACl <FILL COV ER MI NIMUM 6 " EMBEDME NT ld]o o2 100: MINIMUM 12" INI TIAL.-7 !±,n;~~~g~~ TY PE "C" BACK FILi_ SEE SP EC . E 1 -2.4 G.C.D. BAC KFILL COVER FILTER FABR IC- SUPAC -HEAVY GRADE BNP (UV) OR APPROVED EQ UAL. MINIMUM 6" ---+:=Wl'sfi:::;±~~Nn~Fi EMB ED MENT · CRUS HED STO NE SEE SP EC. E1 -2.3 G.C.D. S AND GRA DA TIO N • LESS TH A N 10% PAS SI NG #200 SIEV E • P .1. = 10 OR LESS CR USHED STO NE GRAD A TIO N SIE VE SI ZE 1 " ~ .. %" #4 #8 RET AINED 0-10 4 0-75 55 -9 0 9 0-1 0 0 9 5 -10 0 WATER: SIZES 16" AND LARGER SANITARY SEWER : ALL SIZES MATERIAL SPE CIFICA TIONS NOT E: SP ECI FICATlmJ REFER ENCE S ARE FO~ WAT ER AND SA NITARY SEWER ONLY. THE EMBEDME NT AND BACK FILL DETA ILS PROVIDED ON TH IS SHE ET SH ALL RE PLA CE AP PROPR IATE PROVISIONS OF E1-2.4(b ) AN D E1-2.3 OF THE GENERAL CONTRA CT DOCUM ENTS AND SP ECIFI CA TI ON S FOR WA TER DEP ARTMEN T PR OJE CTS (G .C.D.) AL L OTH ER PRO VI SIONS OF THE SE IT EM S SHALL APP L Y. PIPE SIZ E DITCH WALL CLEAR ANCE 1.0 . MIN IMUM -A 6" 8 .6" 8" 7 5" 10 " 6.5 " 12" 6" 1 6" 6" 2 0' 6 ' 24" 6 ' 3 0" 9" 3 6 ' §"·-- 4 2' g • 4 8" 9" CIT Y OF FORT WORT H, TEX A S DATE : NO V 201 0 WATER AND SANITARY SEWER EMBEDMENT AND BACKFILL DETAILS WTR -0 29 ERITA LROY WATER REHABILITATION CONTRACT LXIX (69) PART 4 CITY PROJECT NO . 00915 a: w "' w w 0 ~ 0 I ! ii5 (.!) ~ ...J :, ...J en 'j: I ~ KEW PECOS Village Creek Park t5 w ('.l D.O .E. No. 6622 .5 ~ L _______ _J~ ..... ~fffl-t---MAR,::__:.:..:T.;;.IN'--_ m WILBA FORT NTS _/-, -~~-P~alrie oob . ...--.., Park DAVID STRICKLAND a: ~ z .,: ~ :::; I-a: cf z 0 en en a: !:/,! LASTER w 0 Q z w w KALTENBRUN I a: I .,: ~ a: :::; SAUNDERS ~ MAXEY a: a: 0 .,: MOSSON 0 0. COLLETT -UTILE fORTWORTH "------ KENNEDALE CITY 1 LOCATION MAP \ BOLEN \ \ \ .ITfflnsystems) TABLE OF CONTENTS Location Map Part A -Notice to Bidders Special Instructions to Bidders (Water Department) City of Fort Worth Minority/Women Business Enterprise Policy Part B -Proposal Part C -General Conditions Part C 1 -Supplementary Conditions to Section C Part D -Special Conditions Part DA -Additional Special Conditions Certificate of Insurance Part F -Bonds (City of Fort Worth) 0 Performance Bond 0 Payment Bond 0 Maintenance Bond Part G -Contract (City of Fort Worth) Appendix A -Easements Appendix B -TxDOT Permit Appendix C -Borings G:\FW03\0059'Specs\Part 4\Water Jmp rovements\100"/o \Tab/e of Contents.doc TC-1 Bidders SHORT FORM NOTICE TO BIDDERS Sealed proposals for the following : FOR: WATER REHABILITATION CONTRACT LXIX (69) Part 4 D.O.E. No. 6622 City Project No. 00915 Water Project No. P253-605170091583 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be rece ived at the Purchasing Office until 1 :30 p.m ., March 17, 2011 and then publicly opened and read aloud at 2 :00 p.m . in the Council Chambers. Plans and documents for this project may be purchased for a non-refundable cost of thirty Dollars ($30 .00) per set at the offices oITransystems Corporation, 500 West Seventh Street, Suite 1100, Fort Worth, Texas. These documents contain additional information for prospective bidders. Plans and Specifications will be available for pick-up on February 17, 2011. The major work will consist of the following (All Approximate): PART 4-WATER REHABILITATION 2444 L.F. 16" WATER PIPE (BY OPEN CUT) 758 L.F. 16" WATER PIPE (BY OTHER THAN OPEN CUT) 758 L.F. 30" STEEL ENCASEMENT PIPE (By OTHER THAN OPEN CUT) 10 EA. 16" GATE VALVES & VAULTS All bidders submitting bids are required to be pre-qualified in acc o rdance with the requirements of the Special Instructions to Bidders . For additional information , please contact David Cooper, P .E, Project Manager, City of Fort Worth -Water Department at Telephone Number: 817-392-8252 or by email : david .cooper@ fortworthgov.org and /or Kent Lunski , P.E ., Project Manager, TranS y stems Consultants, at 81 '7339-8950 . Advertising Dates : February 17, 2011 February 24, 2011 COMPREHENS IVE NOTICE TO BIDDERS Sealed proposa ls for the following : FOR : WATER REHABILI T ATI ON CONTR\CT LXIX (69) PART 4 0 .0 .E. No . 6622 City Project No . 00915 Water Project Number P253-60517009 1583 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office u ntil I :30 p.m., March 17, 2 0 11 and then public ly opened and read a loud at 2 :00 p .m . in the Council Chambers . Plans and doc uments for this project may be pu rchased for a non- refundab le cost of Thirty Dollars ($30 .00) per set at the offices of TranSystems Corporat ion, 500 West Seventh Street, Suite 1 100, Fort Worth, Texas. These documents contain additional information for prospective bid ders. P la ns and Specifica t io ns w ill be availa bl e for p ic k up on Febru ary 17, 2 0 11. The major wo rk will consist of t he following (All Approximate): 2444 L.F. 16 " WATER PIPE (BY OPEN CUT 758 L.F. 16" WATER PIPE (BY OTHER T HAN OPEN CUT) 758 L.F. 30 " STEEL ENCASEMENT PIPE (BY OTHER THAN OPENCUT) 10 EA. 16 " GATE VALVE & VAULTS Inc luded in the above will be all other miscellaneous items of construction as outlined in the Plans, Genera l Contract Documents and Specifications . NOTICES All bidders will be requ ired to comply with Provis ion 5159a of "Yemon 's Annotated Civ il Statutes" of the State of Texas with re s pect to the payment of prevailing wage rates and City ofFort Worth Ordinance no . 7400 (Fort Worth City Code Section s I 3-A-221 through I 3-A-29) prohibiting discriminatim in the employment practices. Bid secu1ity may be required in accordance with Specia l Instructions to Bidders Th e City of Fo rt Worth reserve s the right to reject any and/or all bids and waive any and/or all forma lities . No bid may be withdrawn unti I the expiratio n of ninety (90) day s fr o m the date bids are o pened . The award of contrac t, if made, will be within ninety (90) days after the o pening o f bid s, but in no c ase will the awa rd be made until a ll the nece ssa ry in ve stigationsare m ade a s to the respon s ibilityofthe bidder to whom it is proposed to awa rd the C ontract. Bidders are re s ponsible for o btainin g all addenda to the c o ntract docum e nts and ackn o w led o ing re c eipt of the a ddenda by initialing the a pprop riate s paces o n the Addenda Ind e x a nd Receipt form(s). 0 Bid s that d o not ac kn o wl ed ge rec e ipt o f all addend a may be rejected as being non-re s ponsi ve. Information regarding the status of addenda m ay be obtained by co ntact ing Kent Lunski , P .E . Project M a nag er, Tran system s C o ns ultants , at 817-339- 8950 . COMPREHENSIVE NOTICE TO BIDDERS Bidders, using the printed copy, shall not separate, detach or remove any portion, segment or sheets from the contract document at any time . Bidders must complete the proposal section(s) and submit the complete specification book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time deadline stated below or the bidder may request a copy of said forms from the City of Fort Worth Project Manager named in this solicitation . In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City of Fort Worth contracts . A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation")and/or the JOINT VENTURE FORM as appropriate . The Documentation must be received no later than 5 :00 p .m., five (5) City of Fort Worth business days after the bid opening date . The bidder shall obtain a receipt from the appropriate employee of the Water Department to whom delivery was made. Such receipt shall be evidence that the City offort Worth received the Documentation. Failure to comply shall render the bid norresponsive . SUBMISSION OF BID AND AW ARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable bid , the Contractor is required to submit a bid for the complete proposal. A bid proposal submittal that is received with the proposal incomplete will be rejected as being non-responsive. The Contractor who submits the bid with the lowest price, will be the apparent successful bidder for the project. Bidders are hereby informed that the Director of the Water Department reserves the right to evaluate and recommend to the City of Fort Worth City Council the bid that is considered to be in the best interest of the Oty of Fort Worth . For additional information, please contact Kent Lunski, P.E., Project Manager, Tran Systems Consultants, at 817-339-8950 or by email : kalunski @ transystemscom or David Cooper P.E ., Water Department at 8 I 7-392-8252. TOM HIGGINS INTERIM CITY MANAGER Advertising Dates : February 17,201 I February 24, 20 I I By :~~~~~n~~~on~~~~~~~~~~~~~ Engineering Manager, Water Department 2 MARTY HENDRIX CITY SECRETARY Special Instructions Bidders Departme�t) SPECIAL INSTRUCTIONS TO BIDDERS I) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids . This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder 's responsibility to submit the following documentation : a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids . a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (I) year old . In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received . c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion , may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened , and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received . Failure to notify shall not be a waiver of any necessary prequalification . 2. BID SECURITY: A cashier's check , or an acceptable bidder's bond, payable to the City of Fort Worth , in an amount ofnot less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond , the surety must be authorized to do business in the state of Texas . In addition, the surety must (I) hold a certificate of authority from th e Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal Jaw; or (2) have obtained reinsurance for any liability in excess of $100,000 from a rein surer 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 Jaw. 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 RA TES: Section C3-3 .13 of the General Conditions is deleted and replaced with the following : (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code . Such prevailing wage rates are included in these contract documents . (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Right to Audit, under paragraph L of Section CI : 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 con spicuous 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, Jexas Revi sed Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located . "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications . The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25 ,000.00 or less , the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9 . AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members , agents employees , program participants or subcontractors , while engaged in performing this contract, shall , in connection with the employment, advancement or discharge of employees or in connection with the terms , conditions 09/10/04 2 or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification , retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification , retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10 . DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with , or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Jaws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. I 5530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts . A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM , SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5 :00 p .m ., five (5) City business days after the bid opening date . The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made . Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive . Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books , records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal , State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years . 12. FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay period . 09/10/04 3 b . Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c . The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d . The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable . f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages , city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days . 09/10/04 4 City of Fort Worth Minority/Women Business Enterpris+e FORT WORTH . ----~ -a City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the 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 20% % 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. SUBMITIAL 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 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated . 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 business days after the bid opening date , exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid o enin date, exclusive of the bid o enin date. received by 5:00 p.m ., five (5) City business days after the bid o 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 o enin date. ·· · FAILURE TO COMPLY WITH THE CITY'S l\11V'1/BE 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. 11/11/05 FORT WORTH ---......---- PRIME COMPANY NAME : PROJECT NAME: City of Fort Worth Subcontractors/Suppliers Utilization Form ATIACHMENT 1A Page 1 of 4 Check applicable block to describe prime M/W/DBE NON-M/W/DBE WATER REHABILITATION CONTRACT LXIX (69) PART 4 BID DATE City's M/WBE Project Go//11 : 20 % ~----~ Prime's M/WBE Project Utilization : % · .PROJECT NUMBER 00915 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 spec ifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule , condit ioned upon execution of a · contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant , Parker , Johnson , Collin , Dallas , Denton , Ellis , Kaufman and Rockwall counties . Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e ., a direct payment from the prime contractor to a subcontractor is considered 1 st 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 onthe 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 FORT WORTH ----...,..---- ATIACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers , regardless of status; i .e ., Minority, Women and non-M/WBEs . Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) 0 n SUBCONTRACTOR/SUPPLIER T T Detail Detail Company Name i N C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w TelephonefFax r B B R 0 B E E C T E A Rev . 5/30/03 FORT WORTH --.,.,- ATTACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e ., Minority, Women and non-M/VVBEs . Please list M/VVBE firms first, use additional sheets if necessary . Certification N (check one) 0 n SUBCONTRACTOR/SUPPLIER T T Detail Detail Company Name i N C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w B B T D w Telephone/Fax r R 0 B E E C T E A Rev. 5/30/03 FORT WORTH ~ Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ ATIACHMENT 1A Page 4 of 4 The Contractor will not make additions, deletions , or subst itutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted , it will affect the final compliance determination . By affixing a signature to this form , the Offerer further agrees to provide , directly to the City upon request , complete and accurate information regarding actual work performed by all subcontractors , including M/W/DBE(s) arrangements submitted with the bid . The Offerer also agrees to allow an audit and/or examination of any books , records and files held by their company . The bidder agrees to allow the transmission of interviews with owners, principals , officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract , by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or Local laws concerning false statements . Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offerer and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name/Title (if different) Company Name Telephone and/or Fax Address E-mail Address City/State/Zip Date Rev . 5/30/03 FORT WORTH -"-,-w ,,.... • a City of Fort Worth Prime Contractor Waiver Form ATIACHMENT 18 Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe crime PROJECT NAME: I MM//DBE I I NON -MM//DBE WATER _R.EHABILITATION CONTRACT LXIX (69) PART 4 BID DATE City's M/WBE Project Goal: PROJECT NUMBER 20'% 00915 If both answers to this form are YES, do not complete ATIACHMENT 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 ATIACHMENT 1C . This form is only applicable if .b.oth 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 detailed explanation that proves based on the size and scope of this NO project, 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, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M,WBE(s) on this contract, the payment therefore and any proposed changes to the original M,WBE(s) arrangements submitted with th is bid . The bidder also agrees to allow an audit and/or examination of any books , records and files held by their company that will substantiate the actual work performed by the M,WBEs on this contract , by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements . Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one ( 1) year. Authorized Signature Printed Signature Title Contact Name (if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev. 5/30/03 FORT WORTH ----. ~ a PRIME COMPANY NAME: PROJECT NAME : City of Fort Worth Good Faith Effort Form WATER REHABILITATION CONTRACT LXIX (69) PART 4 City's M/WBE Project Goal : 20 % PROJECT NUMBER 00915 ATIACHMENT 1C Page 1 of 3 Check applicable block to describe M/W/DBE NON-M/W/DBE BID DATE If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. . If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete th.is 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 eve~ 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"0 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. __ Yes No Date of Listing __ / ___ ./ __ 3 .) Did you solicit bids from M/WBE firms , within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? __ Yes (If yes , attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed .) __ No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? __ Yes (If yes, attach list to i nclude name of M/WBE firm , person contacted , phone number and date and time of contact.) __ No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation,· which is to provide M/WBE name, date, time, fax number and documentation faxed. _NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? __ Yes __ No 6.) Submit documentation if M/WBE quotes were rejected . The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev. 05/30/03 ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev. 05/30/03 FORT WORTH . ...... ,,.... -a CITY OF FORT WORTH Joint Venture Eligibility Form All questions must be answered; use "NA" if applicable. Joint Venture Page 1 of 3 WATER REHABILITATION CONTRACT LXIX (69) PART 4 Name of City project:-------,-,------------,-----,---------------- A joint venture form must be compl eted on each project RFP/Bid/Purchasing Number: ____________ _ 1. Joint venture information: Joint Venture Name : Joint Venture Address : (If applicable) Telephone: Cellular: Facsimile: E-mail address: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the ·oint venture M/WBE firm Non-M/WBE name: firm name: Business Address : Business Address : City, State , Zip : City, State_, Zip : Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail addres s Name of Certifying Agency: 2 S . f k fi cope o wor per orme db h J . V 1y t e omt enture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: Rev . 5/30/03 Joint Venture Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and Joss sharing : Capital contributions, including equipment: Other applicable ownership interests : 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions : a . Estimating -----------------------------------------------1--~~~~~~~~~~~~~~~~~~~~~~~~~~~~---i b. Marketing and Sales -----------------------------------------------·!---~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ c . Hiring and Firing of management personnel -----------------------------------------------1--~~~~~~~~~~~~~~~~~~~~~~~~~~~~---I d . Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form . NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's MNVBE Office immediately for approval. 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 City's M,WBE Ordinance . Rev . 5/30/03 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint v enture . Furthermore , the undersigned shall agree to provide to the joint v enture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process . The undersigned agree to permit audits , interviews with owners and examination of the books , records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which m ay be awa rded under the prov isions of this joint venture's eligibility and may initiate action under Federal , State and/or Local laws /ordinances concerning false _statements_or_willfulmisr~!ese ntationoffacts . ____________ ------------------------------------------------------------------- Name of M/WBE finn N ame ofno n-M/WBE fi nn Printe d N ame of Own er Printe d N ame of Owner Signature of Owner Si gnature of Owner Printe d Name of Owner Pri nted N ame of Owner Si gnature o f Owner S ignature o f Own er T itl e T itl e Date Date Notarization State of ___________________ County of ______________ _ On this _____________ day of ________ , 20 __ , before me appeared and ------------------------------------------ to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public ---------------------------Print N ame Notary Public ----::S::--ig-n-at-ur_e ______________________ _ Commission Expires ------------------------(seal) Rev. 5/30/03 � � 1 � � � . .. .. _ � � � � � � � PART B -PROPOSAL Water Rehabilitation Contract LXIX (69) Part 4, D.O.E. No. 6622 TO: T.M. HIGGINS INTERIM CITY MANAGER FORT WORTH, TEXAS For: Water Rehabilitation Contract LXIX (69) Part 4 City Project No. 00915 Pay Item Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly 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 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. Upon acceptance of this proposal, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums to-wit: CPMSRecord Number Water Rehabilitation Contract LXIX (69), Part 4 -DOE No. 6622 Approximate Units Quantity Description of Bid Item Prices Written in Words Unit Price Total Price Water Improvements lA.* Bid-00592 2,444 LF Pipe -Pressure -16 Inch Ductile Iron Pipe -By Open Cut-Install --~-________ Dollars & ~'--"'-""---~-\_c\--+---Cents per Linear Foot *-Contractor to select only one option for items lettered A, B, or C. Bl-1 $ :ft: $_ -e- Water Rehabilitation Contract LXIX (69), Part 4 -DOE No. 6622 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price lB.* Bid-00592 2,444 LF Pipe -Pressure -16 Inch Steel Pipe -By $ -e-$ -e- Open Cut-Install }Jo Dollars & atd Cents per Linear Foot IC.* Bid-00592 2,444 LF Pipe -Pressure -16 Inch PVC Pipe -By $ ~8~ $ J fa~ J9;L~ Open Cut-Install S\'f..iy el§ht Dollars & no Cents per Linear Foot 2A.* Bid-00592 758 LF Pipe -Pressure -16 Inch Ductile Iron $ 5~~ $ ~lLf-1~~ .... Pipe -By Other Than Open Cut -Install f=\ffy urn Dollars & ro Cents per Linear Foot 2B.* Bid-00592 758 LF Pipe -Pressure -16 Inch Steel Pipe -By $ -e--$ -e- Other Than Open Cut -Install -~____. _________ Dollars & ?'~ ----"-.t:21..q....J'--Jf...f-----Cents per Linear Foot *-Contractor to select only one option for items lettered A, B, or C. Bl-2 Water Rehabilitation Contract LXIX {69}, Part 4 -DOE No. 6622 Pay CPMS Record Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price 3 . Bid-00584 758 LF Pipe-Casing-30 Inch -By Other Than $ 3ao~ $J4-~5f() Open Cut-Install lhcee hl,od:red ui)OOi; Dollars & no Cents per Linear Foot 4. Bid-00591 6 LF Pipe -Pressure 12 Inch PVC Pipe -By $ ~5~ $ ~CJQ5 Open Cut -Install ~' -;..ty fr00 Dollars & 00 Cents per Linear Foot 5. Bid-00588 14 LF Pipe-Pressure 10 Inch PVC Pipe -By $ aq~ $ ~Ji:,~ Open Cut -Install t: lf±y • 0)0€1 Dollars & ho Cents per Linear Foot 6. Bid-00618 20 LF Pipe -Pressure 8 Inch PVC Pipe -By $ ~l~ $ 8d.0 22 Open Cut -Install W-ty (DJ~ Dollars & (f)o Cents per Linear Foot Bl-3 Pay Item 7. 8. 9. 10 CPMSRecord Number Bid-00616 Bid-00719 Bid-00717 Bid-00715 Water Rehabilitation Contract LXIX (69), Part 4 -DOE No. 6622 Approximate Units Description of Bid Item Prices Written in Words Quantity 12 10 1 LF Pipe -Pressure 6 Inch PVC Pipe -By Open Cut -Install Th,riy two ___________ Dollars & _ ___....[}P ________ Cents per Linear Foot EA Valve -16 Inch Resilient Seat -Gate-w/ Vault -Install Ten tha1sood Dollars & Cents per Each EA Valve -12 Inch Resilient Seat -Gate-w/ Box -Install JJ'ioe±Et:n h, 1.ncira:I Dollars & to Cents per Each Unit Price $ Jexxl:r $ [90cP Total Price $ laJuXJ~ $ 1.<:t<XY' 1 $ I c::" 1vn e--$ l cm8' EA Valve -10 Inch Resilient Seat -Gate-w/ _ -cJUJ _ c:)C,..L.I Box -Install ___________ Dollars & ~o)~Q..-c--_______ Cents per Each Bl-4 Pay Item 11. 12. 13. 14A.* CPMSRecord Number Bid-00745 Bid-00743 Bid-00546 Bid-00569 Water Rehabilitation Contract LXIX (69), Part 4 -DOE No. 6622 Approximate Units Description of Bid Item Prices Written in Words Quantity Unit Price Total Price 1 $ 1 r:::, C'\ ~ -$ 7 C::. r'\ o; EA Valve - 6 Inch Resilient Seat -Gate -w/ --..x_,; --~ 1 3.3 Box -Install +, +by Dollars & ~n~Q'!""-_______ Cents per Each EA Valve - 6 Inch Blow Off w/ Sump Manhole -Install ___________ Dollars & ~W~~-------Cents per Each EA Fire Hydrant -Install ~ ~USthq I wo Dollars& 00 Cents per Each TN Pipe Fittings-16 Inch or > DI Pipe - Install l\Jo ___________ Dollars & __________ Cents per Ton $ ~ct]~ $ d,[Xf]°-Y $', -e-$ -f9= *-Contractor to select only one option for items lettered A, B , or C. Bl-5 Water Rehabilitation Contract LXIX (69), Part 4 -DOE No. 6622 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price 14B.* Bid-00570 1 LS Pipe Fittings-16 Inch or > Steel Pipe -$ -e-$ -e- Install Do Dollars & Btc) Cents per Lump Sum 14C.* Bid-00570 3.3 TN Pipe Fittings-16 Inch or > PVC Pipe -;£Xf]o" $ I..,..-$ Jb.fiJf? .. Install f; \Je ±haisro d Dollars & ro Cents per Ton 15. Bid-00568 0.2 TN Pipe Fittings-<rhan 16 Inch-PVC Pipe $ 4QIP-$ <goo~ -Install fruf fro tnYf Dollars & 00 Cents per Ton 16. Bid-00758 2 EA ~e6tin~Install $ lb~ $ ~ ~riy£oo Dollars& 0:2 Cents per Each *-Contractor to select only one option for items lettered A, B, or C. Bl-6 Water Rehabilitation Contract LXIX {69}, Part 4 -D OE No. 6622 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price 17. Bid-00762 2 EA Water Service-1 Inch Tap to Main-$ ~~$ l (Qy Install I-ive buncfR:cl ~fly Doll ars & no Cents per Each 18. Bid-00550 2 EA Meter Box -Class A -Install $ f70~ $ ~Lf(y OJe hWlcired ~effiij Dollars & op Cents per Eac h 19 . Bid-00372 2,490 LF Trench Safety System-5 Foot Depth-$ 1~ $~4-CfCP Install Che Do ll ars & no Ce nt s per Linear Foot 20. Bid-00720 2 EA Valve -16 Inch -Gate -Remove $ J..fOD~ $ ~CLP Faif hurrlroi Do llars & Q? Cents pe r Each 21. Bid-00751 3 EA Valve -Gate -Remove $ 75~ $ Jd(j.E? 5?uro}'-Ai.e, Doll ars & Ce nts per Each Bl-7 Water Rehabilitation Contract LXIX {69}, Part 4 -DOE No. 6622 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price 22. Bid-00367 6 EA Cut & Plug Existing-All Sizes-All 3:0 0 $ ___ 2-$ LgaJ':::I Depths -Abandon Th(ee hundred Dollars & 00 Cents per Each 23 Bid-00547 1 EA Remove & Salvage Meter & $ ,~~ $ J=(J3 Components -Abandon Ole hundred My Dollars & n9 Cents per Each 24. Bid-00547 1 EA Remove & Salvage Fire Hydrant & Gate $ 6(£)6.:: $ toaP Valve -Abandon ~ x: hurtlf'eq Dollars& CQ Cents per Each 25. Bid-00840 10 CY Fill Material -Ballast Stone -Install $ 1~ $ 10~ lbe Dollars & Cents per Cubic Yard 26. Bid-00839 10 CY Concrete -Type E-Install $ ,~ $ J[)g:,, Ge. Dollars & Cents per Cubic Yard Bl-8 Water Rehabilitation Contract LXIX {69}, Part 4 -DOE No. 6622 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item N umber Quantity Price Price 27. Bid-00443 30 LF Permanent HMAC Pavement Repair -$ l(X)e.; $30:X)~ Install ({1e bu ncim:J Doll ars & r,p Cents per Lin ear Foo t 28. Bid-00401 53 SY Gravel Road Repair -Install $ 5~ $ ~le,~ F,·oe. Do ll ars & Cents per Sq. Yard s 29 . Bid-00839 37 SF Concrete Flume Repair -Install $ 13:::! $ 'f8/~ Ib~cteff) Do llars & no Cents per Sq . Feet 30 . Bid-00147 276 CY Topsoil -Install $ JEP $ J"" 7/oO~ Tc9 Do ll ars & ro Cents per C ubi c Yard 31. Bid-00134 1,654 SY Grass -Hydromulch Seeding -Install cQe $ ,~ $ Lh5'+~ Do ll ars & Cents per Sq uare Yard Bl-9 Water Rehabilitation Contract LXIX (69), Part 4 -DOE No. 6622 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price 32. Bid-00181 1 LS Traffic Control -Install $ tifXX)~ $ 5 ccrp F,le tbo,s:cod Dollars & ro Cents per Lump Sum 33. Bid-00100 1 LS Storm Water Pollution Prevention Plan> $ 1crne-$ er~ Than 1 AC SWPPP-Install b,'J;oe, ibru..loocj Dollars & ___ (Q__,,_ _______ Cents per Lump Sum Total -Water Improvements Bl-10 PART B -PROPOSAL (Continued) Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Survey Bond and such other bonds as required by the Contract Docwnents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Docwnents and General Specifications for Water Department Project dated January 1, 1978 , and that he has read and thoroughly understands all the requirements and conditions of those General Docwnents and the specific Contract Docwnents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors , or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by terms of City Ordinance No . 7278 as amended by City Ordinance No. 7400 . The Bidder agrees to begin construction within_J_Q_ calendar days after issue of the work order, and to complete construction within 180 calendar days as set forth in the written work order to be furnished by the Owner. Receipt is acknowledged of the following addenda: Addendwn No. 1 -4~_.....-'-H------ J Addendwn No. 2 Addendwn No. 3 (Seal) If Bidder Corporation Title: Ptesident of JOI Partners, Inc., Genera Pamer Address: 5\ \d\ ~Vc31~tit~ foCt u..bcfu 1l 'f 1 b 11 ~ Bl-11 / j l 1 I '·I .,.r ·I J J ] J 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 i n Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications . The failure of out-of-state or nonresident contractors to do so will automatically d isqualify 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 principa l place of business, are not required to underbid resident bidders . B. Our principal place of business or corporate offices are in the State of Texas. ~ BIDDER : Joek~ G.?ostr<Lcb\O(L Ud . By:-=f ~=---=--{-'i.;..._\.\_._j_~--°'--- Company ., (Please print) 6\\~ ~\Jo\tey ~,ue Address Focl \JJ.l('"th ,\. )G 7 b \ , C\ City/State/Zip Slgnature:ka~~ President of JCI Partners 1 Title: Inc., General Partner --------------(P l ease print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION PART C -GENERAL CONDITIONS TABLE OF CONTENTS OCTOBER 19, 2009 TABLE OF CONTENTS Cl-1 DEFINITIONS Cl-1 (1) Cl-1.1 Definition of Terms Cl-1 (1) Cl-1.2 Contract Documents Cl-1 (2) Cl-1.3 Notice to Bidders Cl-1 (2) Cl-1.4 Proposal Cl-1 (2) Cl-1.5 Bidder Cl-1 (2) Cl-1.6 General Conditions Cl-1 (2) Cl-1.7 Special Conditions Cl-1 (2) Cl-1.8 Specifications Cl-1 (2) Cl-1.9 Bonds Cl-1 (2) Cl-1.10 Contract Cl-1 (3) Cl-1.11 Plans Cl-1 (3) Cl-1.12 City Cl-1 (3) Cl-1.13 City Council Cl-1 (3) Cl-1.14 Mayor Cl-1 (3) Cl-1.15 City Manager Cl-1 (3) Cl-1.16 City Attorney Cl-1 (3) Cl-1.17 Director of Public Works Cl-1 (3) Cl-1.18 Director, City Water Department Cl-1 (3) Cl-1.19 Engineer Cl-1 (3) Cl-1.20 Contractor Cl-1 (3) Cl-1.21 Sureties Cl-1 (4) Cl-1.22 The Work or Project Cl-1 (4) Cl-1.23 Working Day Cl-1 (4) Cl-1.24 Calendar Days Cl-1 (4) Cl-1.25 Legal Holidays Cl-1 (4) Cl-1.26 Abbreviations Cl-1 (4) Cl-1.27 Change Order Cl-1 (5) Cl-1.28 Paved Streets and Alleys Cl-1 (5) Cl-1.29 Unpaved Streets or Alleys Cl-1 (6) Cl-1.30 City Street Cl-1 (6) Cl-1.31 Roadway Cl-1 (6) • Cl-1.32 Gravel Street Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2 -2.3 Examination of Contract Documents and Site of Project C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (2) (1) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) C2-2.7 Deli very of Proposal C2-2 (3) C2-2.8 Withdrawing Proposals C2-2 (3) C2-2.9 Telegraphic Modifications of Proposals C2-2 (3) C2-2 .10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.I2 Disqualification of Bidders C2-2 (4) C3-3 AW ARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3 .3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (1) C3-3 .5 A ward of Contract C3-3 (2) C3-3 .6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3 .8 Execution of Contract C3-3 (3) C3-3 .9 Failure to Execute Contract C3-3 (3) C-3-3.10 Beginning Work C3-3 (4) C3-3 .11 Insurance C3-3 (4) C3-3.I2 Contractor's Obligations C3-3 (6) C3-3 .I3 Weekly Payrolls C3-3 (6) C3-3.I4 Contractor's Contract Administration C3-3 (6) C3-3 .I5 Venue C3-3 (7) C4-4 SCOPE OF WORK C4-4 .1 Intent of Contract Documents C4-4 (1) C4-4 .2 Special Provisions C4-4 (1) C4-4 .3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) :1 C4-4 .5 Extra Work C4-4 (2) C4-4.6 Construction Schedule C4-4 (3) C4-4.7 Schedule Tiers Special Instructions C4-4 (6) • CS -5 CONTROL OF WORK AND MATERIALS CS-5 .1 Authority of Engineer CS-5 (1) CS-5 .2 Conformity with Plans CS-5 (1) CS -5.3 Coordination of Contract Documents CS-5 (1) CS-5.4 Cooperation of Contractor CS-5 (2) CS-5.5 Emergency and/or Rectification Work CS-5 (2) CS -5.6 Field Office CS-5 (3) C5-5.7 Construction Stakes CS-5 (3) (2) 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 C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6 .9 C6-6 .10 C6.6.11 C6-6.12 C6-6 .13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6 .19 C6-6.20 C6-6.21 C7-7 C7-7.l 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 Official s C6-6 ( 10) State Sales Tax C6-6 (10) PROSECUTION AND PROGRESS Subletting Assignment of Contract Pro secution 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) .,..1- C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (4) C7-7.l l Suspension by Court Order C7-7 (5) C7 -7.12 Temporary Suspension C7-7 (5) C7-7 .13 Termination of Contract due to National Emergency C7-7 (6) C7-7 .14 Suspension or Abandonment of the Work C7-7 (6) ,. and Annulment of the Contract: C7-7 .15 Fulfillment of Contract C7-7 (8) C7-7.16 Termination for Convenience of the Owner C7-7 (8) C7-7 .l 7 Safety Methods and Practices C7-7 (11) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement Of Quantities C8 -8 (1) C8 -8.2 Unit Prices C 8-8 (1) C8-8 .3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8 .5 Partial Es timates and Retainage C 8-8 (2) C8-8 .6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) C8-8.8 Final Payment C8-8 (3) C8-8.9 Adequacy of Design C 8-8 (4) C8 -8.10 General Guaranty C8 -8 (4) C8 -8.11 Sub si diary Work C8 -8 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) C8 -8.I3 Record Documents C8-8 (4) . ' (4) ' PART C -GENERAL CONDITIONS C 1-1 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 Yell ow 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 PART F-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. Cl-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an useful project . Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a. b. C. d. C2-2.6) Performance Bond (see paragraph C3-3.7) Payment Bond (see paragraph C3-3.7) Maintenance Bond (see paragraph C3-3.7) Proposal or Bid Security (see Special Instructions to Bidders, Part A and Cl-1 (2) Cl-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. Cl-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the . Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, 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. C 1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Texas . Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.16 CITY AITORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C 1-1.17 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 C 1-1 .24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted. Cl-1.25 : LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. New Year's day M .L. King, Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Forth Friday in November 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. Cl-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: Cl-1 (4) .r I AASHTO -American Association of_ State MGD Million Gallons Highway Transportation Officials per Day ASCE American Society of Civil CFS Cubic Foot per Engineers Second IAW In Accordance With Min. Minimum ASTM American Society of Testing Mono . Monolithic Materials % Percentum AWWA American Water Works R Radius Association I.D. Inside Diameter ASA American Standards Association O.D . 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. C 1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four ('4) feet back of the average edge of pavement where no curb exists . Cl-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. 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 listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be 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 documerits shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests , boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm , association, or partnership , the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2 (2) of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2 .6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope · plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth , Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened . C2-2 .9 TELEGRAHIC MODIFICATIONS OF PROPOSALS : Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2 (3) 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 e) f) a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by financial statement, experience statement, equipment schedule , and such inquiries as the Owner may see fit to make. 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) -1 I ... .• PART C -GENERAL CONDITIONS C3-3 AW ARD AND EXECUTION OF DOCUMENTS SECTION C3-3 A WARD 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 talcing 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 false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAW AL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3 (1) C 3-3.5 AW ARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee . The award of the contract, if award is made, will be to the lowest and best responsive bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which , in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS : With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: a. b . C. PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than I 00 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials . This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than I 00 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.I0. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than I 00 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 561h 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 will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 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 LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). C3-3 (4) ...... 2. 3. 4. 5. 6. Blasting, prior to any blasting being done. Collapse of buildings or structures adjacent to excavation ill excavation are performed adjacent to same). Damage to underground utilities for $500,000. Builder's risk (where above-ground structures are involved). Contractual Liability (covers all indemnification requirements 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. f. g . SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. PROOF OF CARRIAGE OF INSURANCE: The 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 . 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 delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all C3-3 (6) appropriately signed and sealed, as applicable, by the Contractor's responsible offices with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason . C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas . C3-3 (7) 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 anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4 (1) C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole . Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved . b. An agreed lump sum . c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds , and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work . The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work . C4-4 (2) Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work . The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "Extra Work" whether or not initiated by a "Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known , unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4--4.6 CONSTRUCTION SCHEDULE: Before commencing any work under this contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i .e. file formats 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) fr "· : C-4-4.6(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: If, in the opinion of the OWNER, work accomplished falls behind that scheduled, the CONTRACTOR shall take such action as necessary to improve his progress. In addition, the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time. Failure of the CONTRACTOR to comply with these requirements shall be considered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with due diligence as will ensure completion within the time specified in the Contract. C4-4.7 SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents . The requirements for each Tier are described below . CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents. TIER 3 COST LOADING SPECIAL INSTRUCTIONS : 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost-loaded with the total contract dollars associated with the respective ABS elements. TIER 4 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 3 requirements, and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER's standard items) shall be loaded into the scheduling software using the "NON- LABOR" resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars . It is intended that Earned Value will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS : 1. Adhere to all Tier 4 requirements, and additionally the following: • Labor resources (Man-Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and without cost. C4 -4 (6) ·,- PART C -GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents . The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed , rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the Contract , compensation , mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise . Engineer will not be responsible for Contractor's means , methods, techniques, sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. The Engineer shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such neces sary 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, finish, and dimensions shown on the plans or any other requirements other wise described in the Contract Documents . Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5 .3 COORDINATION OF CONTRACT DOCUMENTS : The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specification, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the C5-5 (1) Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed nece ssary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives . Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas, and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions , or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the 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 IO 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. CS-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. CS-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 CS-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. CS-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. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed sub stitute, 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 performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless other wise specifically provided . The failure of the Owner to make any tests of materials shall in no way relieve the contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified , will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents . Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement , and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. C5-5 .13 STORAGEOFMATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for 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 structure s 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 compen sation for Extra Work or for increasing the pay quantitie s in any manner what soever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of con siderable magnitude or requires the building of special works, provision of which i s not made in these Contract Documents, in which case the provision in the se 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 adju stments 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 exi sting utilities, structures , and service lines shall include notification of all utility companies at least forty -eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. CS-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 Dis tribution 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 cu stomer cannot be made , a prepared tag form shall be attached to the customer's door knob . The tag shall be durable in composition, and in large bold letters shall say: CS -5 (6) b. "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 Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall suffer loss or damage of the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any claim against the owner on account of damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim . CS-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four (24) hours after written notice is given the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made , the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. CS-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 con structed 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 . Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under C6-6(3) construction or being maintained . The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the Work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or salaries of watchmen, for the subsequent 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 furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations . The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns, fences , culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the work . The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work . Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants , whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise C6-6(5) replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be 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. fu case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results , proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not a s 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 RESPONSIBILITY FOR DAMAGE CLAIMS : Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents, employees, contractors , subcontractors, licensees or invitees of the C6-6(6) Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage or loss, and/or personal injuries , including death, to any and all person of whatsoever kind or character, whether real or asserted, arising out of or in connection with , directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees , whether or not caused, in whole or in apart, by alleged negligence of officers, agents, employees , contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory tot he Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition ( 1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the C6-6(7) Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Qepartment Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6 .I3 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation foe any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage , make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers , bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by the performance of this Contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or divisions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from 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-l .2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents . When meters are used to measure the water, the charges, if any, for water will be 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, m 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. l 9 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 carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized 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 . I SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50 %) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer wi11 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, s ublet, 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 state s, 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 C 1-1.23 "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 C 1-1.24 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 Le ss than $ 5 ,000 inclusive $ 35 .00 $ 5,001 to $ 15,000 inclusive $ 45 .00 $ 15 ,001 to $ 25,000 inclu sive $ 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 ~ reasonable foreca st 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 re sponsible . C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to s uspend the work operation wholly or in part for such period or periods of time as he may deem neces sary due to un suitable weather condition s or any other unsuitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by thi s contract, for any rea son, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews . If it should become neces sary to suspend work for an indefinite period, the Contractor shall store all material s 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 cau se s 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 fund s 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 CONVENIENCE OF THE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) claim, demand or suit shall be required of the Owner regarding such discretionary action B . CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination ; and b. The completed, or partially completed plans, drawings, information and other property which, if the contract had been completed , would have been required to be furnished to the Owner. 5. complete performance of such work as shall not have been terminated by the notice of termination; and 6 . Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of C7-7(9) 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 C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quanut1es of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the term s 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 RETAINAGE: Between the 1 st 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) Supplementary Conditions Section SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C -GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in · its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress . The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished . It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C -General Conditions: Paragraph C3-3.11 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 p ayment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C -General Conditions , Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows : The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories . G . 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 AM. 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. 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. Revised 10/24/02 Pg. 3 H. I. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) 1s deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph CS-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. CS-8.10 GENERAL GUARANTY: Delete CS-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 I 00 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 ofthis specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. 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 proposa l 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, unti l 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 Special Conditions PART D -SPECIAL CONDITIONS D-1 GENERAL ............................................................................................................................ 3 D-2 COORDINATION MEETING ................................................................................................ 5 D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ...................... 5 D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT ...................................... 7 D-5 CROSSING OF EXISTING UTILITIES ................................................................................ 7 D-6 EXISTING UTILITIES AND IMPROVEMENTS .................................................................... 8 D-7 CONSTRUCTION TRAFFIC OVER PIPELINES ................................................................... 8 D-8 TRAFFIC CONTROL ........................................................................................................... 9 D-9 DETOURS ......................................................................................................................... 10 D-10 EXAMINATION OF SITE ............................................................................................... 10 D-11 ZONING COMPLIANCE ................................................................................................ 10 D-12 WATER FOR CONSTRUCTION .................................................................................... 10 D-13 WASTE MATERIAL ....................................................................................................... 10 D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE ........................................................ 10 D-15 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 0-32 MECHANICS AND MATERIALMEN 'S LIEN ................................................................... 23 D-33 SUBSTITUTIONS .......................................................................................................... 23 D-34 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER .............. 24 0-35 VACUUM TESTING OF SANITARY SEWER MANHOLES ............................................ 27 D-36 BYPASS PUMPING ....................................................................................................... 28 D-37 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............ 28 D-38 SAMPLES AND QUALITY CONTROL TESTING ........................................................... 30 D-39 TEMPORARY EROSION, SEDIMENT , AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................................................................. 31 0-40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES .......................... 32 D-41 PROTECTION OF TREES , PLANTS AND SOIL ........................................................... 32 0-42 SITE RESTORATION .................................................................................................... 32 0-43 CITY OF FORT WORTH STANDARD PRODUCT LIST ................................................ 33 D-44 TOPSOIL , SODDING , SEEDING & HYDROMULCHING ............................................... 33 D-45 CONFINED SPACE ENTRY PROGRAM ....................................................................... 38 D-46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION .............................. 39 D-47 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ........................ 39 0-48 CONCRETE ENCASEMENT OF SEWER PIPE ........................................................... .40 D-49 CLAY DAM ..................................................................................................................... 40 02/09/2 010 SC-1 PART D -SPECIAL CONDITIONS 0 -50 EXPLORATORY EXCAVATION (D-HOLE ) .................................................................. .40 0 -51 INSTALLATION OF WATER FACILITIES ..................................................................... .40 51 .1 Polyv inyl Chloride (PVC) Water Pipe ........................................................................... 40 51 .2 Blocking ....................................................................................................................... 41 51 .3 Type of Casing Pipe ..................................................................................................... 41 51 .4 T ie-lns .......................................................................................................................... 41 51 .5 Connection of Exist ing 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 Steril ization of Water Lines ...................................................................... 45 51 .10 Work Near Pressure Plane Boundaries ...................................................................... .45 51.11 Water Sample Station ................................................................................................. .46 51 .12 Duct ile Iron and Gray Iron Fittings ............................................................................... .46 0-52 SPRINKLING FOR DUST CONTROL ........................................................................... .47 0-53 DEWATERING .............................................................................................................. 47 0-54 TRENCH EXCAVATION ON DEEP TRENCHES .......................................................... .47 0-55 TREE PRUNING ............................................................................................................ 47 0-56 TREE REMOVAL ........................................................................................................... 48 0-57 TEST HOLES ................................................................................................................ 48 0-58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION ......................................................................................................................... 49 0-59 TRAFFIC BUTTONS ...................................................................................................... 49 0-60 SANITARY SEWER SERVICE CLEANOUTS ................................................................ 50 0-61 TEMPORARY PAVEMENT REPAIR .............................................................................. 50 0-62 CONSTRUCTION STAKES ........................................................................................... 50 0-63 EASEMENTS AND PERMITS ........................................................................................ 50 0-64 PRE-CONSTRUCTION NEIGHBORHOOD MEETING .................................................. 51 0-65 WAGE RATES .............................................................................................................. 51 0-66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ...................................... 53 0-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) ............................................................................................................................. 53 0-68 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS ...................................................................................................... 55 0-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ................................................... 56 0-70 EARLY WARNING SYSTEM FOR CONSTRUCTION ....................................................... 56 0-71 AIR POLLUTION WATCH DAYS ....................................................................................... 57 0 -72 FEE FOR STREET USE PERMITS AND RE -INSPECTIONS ............................................ 57 02/09/2 01 0 SC-2 PART D -SPECIAL CONDITIONS This Part D -Special Conditions is complimentary to Part C -General Conditions and Part C1 - Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C -General Conditions and part C1 -Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C - General Conditions and Part C1 -Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR : WATER REHABILITATION CONTRACT LXIX (69) PART 4 CITY PROJECT NO. 00915 WATER DEPARTMENT PROJECT NO . P253-541200-605170091583 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 cooperat ive; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications , which general specifications shall govern performance of all such work . Th is contract and project, where applicable , may also be governed by the two following published spec ifications , except as modified by these Special Provisions : 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS 02/09/2 010 SC-3 PART D -SPECIAL CONDITIONS 2 . STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director , 1000 Throckmorton Street , 2nd Floor , Municipal Building , Fort Worth , Texas 76102 . The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown , then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security , to the 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 w ith 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 Ci ty 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. 02/09/201 0 SC-4 PART D -SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes , weekly meetings at the job site may be required to maintain the project on the desired schedule . The contractor shall be present at all meetings. D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions : 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82 , TWCC-83 , or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees prov iding 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 compan ies , motor carriers , owner operators , employees of any such entity , or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing , hauling , or delivering equipment or materials , or providing labor, transportation , or other services related to a project. "Services" does not include activities unrelated to the project , such as food/beverage vendors , office supply deliveries , and delivery of portable toilets . B. The Contractor shall provide coverage , based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401.011 (44) or all employees of the Contractor providing services on the project , for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must , prior to the end of the coverage period , file a new certificate of coverage with the governmental entity showing that coverage has been extended . E. The Contractor shall obtain from each person providing services on a project , and provide the governmental entity : 1. A certificate of coverage , prior to that person beginning work on the project , so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project ; and 0 210912 010 SC-5 PART D -SPECIAL CONDITIONS 2. No later than seven days after receipt by the contractor , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G . The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text , form and manner prescribed by the Texas Worker's Compensation Commission , informing all persons providing services on the project that they are required to be covered , and stating how a person may verify coverage and report lack of coverage . I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to : 1. Provide coverage , based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project , for the duration of the project ; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project , for the duration of the project ; 3. Provide the Contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; 4 . Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage , prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6 . Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project; and 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 commiss ion's Division of Self-Insurance Regulation . Providing false or m isleading informat ion 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 inform i ng all persons providing services on the project that they are required to be covered , and stating how a person may verify current coverage and report failure to provide coverage . This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules . This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type , and shall be in both English and Spanish and any other language common to the worker population . The text for the notices shall be the following text, without any additional words or changes : "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance . This includes persons providing , hauling , or delivering equipment or materials , or providing labor or transportation or other serv ice related to the project , regardless of the identity of their employer or status as an employee ." Call the Texas Worker's Compensation Commission at (512) 463-3642 to receive information on the legal requirement for coverage, to verify whether your employer has provided the requ ired coverage , or to report an employer's failure to provide coverage ". 0-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project, it will be necessary to deactivate , for a period of time , existing lines . The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines . 0-5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer serv ice 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 san itary sewer service line shall be made watertight or be 02/09/2010 SC-7 PART D -SPECIAL CONDITIONS constructed of ductile iron pipe . The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping . The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps . Backfill, fitt ings, 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 s ubsurface 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 the ir 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 construct ion operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support , protection and/or temporary relocat ion of all utility poles , gas lines , telephone cables , utility services , water ma ins , sanitary sewer lines, electrical cables, drainage pipes , and all other utilities and structures both above and below ground during construction . It is understood that the Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed construction. The Contractor is liable for all damages done to such existing facilities as a result of his operat ions 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 materia l and construction , or better, unless otherwise shown or noted on the plans, at his own cost and expense . The Contractor shall immed iately notify the Owner of the damaged utility or service line . He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Eng ineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent , location , and depth ; they are shown on the plans as the best information available at the time of design , from the owners of the utilities involved and from evidences found on the ground . D-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions . It w ill be the responsibility of the Contractor to protect both the new 02/09/2 010 SC-8 PART D -SPECIAL CONDITIONS line and the existing lines from these possibly excess ive 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 ex isting 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 specificat ions , the permanent sign shall be left in place until the temporary sign requirements are met. When construct ion work is completed to the extent that the permanent sign can be reinstalled , the Contractor shall aga in 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 Ma intenance Work Areas ." The lump sum pay item for traffic control shall cover design and / or installation , and maintenance of the traffic control plan. 02/09/2010 SC-9 PART D -SPECIAL CONDITIONS D-9 DETOURS The contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area . D-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions , which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties , procedures for protecting existing improvements and disposition of all materials to be removed . Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give , rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D-11 ZONING COMPLIANCE During the construction of this project , the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. D-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction . D-13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment ( and all subsequent payments until completed) of the appropriate bid item( s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway , right- 02/09/2010 SC-10 PART D -SPECIAL CONDITIONS of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative . This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance . The City of Fort Worth shall give final acceptance of the completed project work . D-15 SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches , painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes , derricks, power shovels , drilling rigs , pile drivers , hoisting equipment or similar apparatus . The warning sign shall read as follows : "WARNING -UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage -type of guard about the boom or arm , except back hoes or dippers , and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines , notification shall be given the power company (ONCOR) who will erect temporary mechanical barriers , de- energize the lines , or raise or lower the lines. The work done by the power company shall not be at the expense of the City of Fort Worth . The notifying department shall maintain an accurate log of all such calls to ONCOR , and shall record action taken in each case . 4 . The Contractor is required to make arrangements with the ONCOR company for the t emporary relocation or raising of high voltage lines at the Contractor's sole cost and expense . 5. No person shall work within six feet of a high voltage line w ithout protection having been taken as outlined in Paragraph (3). D-16 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities . There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities . To the extent that C4-4 .3 conflicts with this provision , this provis ion controls . No claim will be considered for lost or antic ipated profits based upon differences in estimated quantities versus actual quantities . D-17 CUTTING OF CONCRETE When existing concrete is cut , such cuts shall be made with a concrete saw . All sawing shall be subsidiary to the unit cost of the respective item . D-18 PROJECT DESIGNATION SIGN 02/09/2 010 SC-11 PART D -SPECIAL CONDITIONS Project s igns are required at all locations . It shall be in accordance with the attached Figure 30 (dated 9-18-96). The s igns may be mounted on skids or posts . The Engineer shall approve the exact locations and methods of mounting . In addition to the 4 ' x 8' project signs, project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted . Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades . Barricade signs shall be in accordance with Figure 30 , except that they shall be 1 '-0 " by 2'-0 " in size . The information box shall have the following information : For Questions on this Project Call : (817) 392-8306 M-F 7:30 am to 4 :30 p.m . or (817) 392-8300 Nights and Weekends Any and all cost for the required materials , labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed . D-19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways , such sidewalks and/or driveways shall be completely replaced for the full existing width , between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction , Item 504 . At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction , Item 502. Payment for cutting , backfill , concrete , forming materials and all other associated appurtenances required , shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair . D-20 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions . Payment for misce ll aneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D-21 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 -Materials and Divis ion 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. 02/0 9/2 01 0 SC-12 PART D -SPECIAL CONDITIONS Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal mult iplied by the quantity of material used measured in accordance with E2-2 .16 Measurement of Backfill Materials , Construction Specifications , and General Contract Documents . D-22 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures STR-028 ,STR-029 and STR-031 refer to using 2:27 Concrete as base repair. Since this call-out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D-23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots , driveways , gravel surfaced roads , within easements , and w ithin existing or future R.O .W . shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION : In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise , and if the Engineer determines that the design loadings of the pipe will be exceeded , the Contractor will be required to support the pipe with an improved trench bottom . The expense of such remedial measures shall be entirely the Contractor's own . All trench ing 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 exist ing 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 : 02/0912 010 SC-13 PART D -SPECIAL CONDITIONS • Less than 10% passing the #200 sieve • P.I. = 10 or less Additionally, the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract 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 typical sections for Pavement and Trench Repair for Utility Cuts , Figures STR-028 through STR-031. The results of the street cores that were conducted on the project streets, to determine HMAC depths on existing streets , are provided in these specifications and contract documents . 0210912010 SC-14 PART D -SPECIAL CONDITIONS All required paving cuts shall be made with a concrete saw in a true and stra ight 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 ma intained 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 suitable for repaving , in the opinion of the Owner, the repaving shall be done at the earliest possible date . A permit must be obtained from the Construction Services Section by the Contractor in conformance with Ordinance No . 3449 and/or Ordinance No. 792 to make utility cuts in the street. The Construction Services section will inspect the paving repair after construction. This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Construction Services section . D-25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins . The requirements of this item govern all trenches for mains , manholes , vaults , service lines , and all other appurtenances . The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas . The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. 8 . STANDARDS : The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards , 29 CFR Part 1926 , Sub-Part P -Excavations , are hereby made a part of this specification and shall be the minimum governing requirements for trench safety . C. DEFINITIONS : 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in 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 -Bench ing 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. 02/09/2 010 SC-15 PART D -SPECIAL CONDITIONS 3. SLOPING SYSTEM -Sloping means excavat ing 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 i n these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults , Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specificat ions , 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 construct ion . 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 ex isting finish grade of the ground . The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole . 02/09/201 0 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 sect ions 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 su itable removable wrapper and shall not in any way depend on oxidation , evaporation , or any other chemical action for either its adhesive properties or cohesive strength . The Joint sealer shall remain totally flexible without shrinking , hardening , or oxidizing regardless of the length of time it is exposed to the elements . The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. B. EXECUTION : 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above-specified materials . All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt, sand , mud , or other foreign matter. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in accordance with the recommendations . The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench . After removal of the protective wrapper , the joint sealant shall be kept clean . Install frames and cover over manhole opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 02/09/2010 SC-17 PART D -SPECIAL CONDITIONS 2 . SEALING AND/OR ADJUSTING EXISTING MANHOLES : Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a m inimum 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 determ ined by the Engineer shall be replaced . Grade rings that are constructed of brick , block materials other than pre-cast concrete rings , or where necessary and approved by the Engineer, shall be replaced with a pre -cast flattop section . Pre-cast concrete rings , or a pre-cast concrete flattop section will be the only adjustments allowed . In brick or block manholes , replace the upper portion of the manhole to a point 24 inches below the frame . If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame . Existing brickwork , if damaged by the Contractor, shall be replaced at the Contractor's expense . Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris . Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames , a flat top section shall be installed . Joint surfaces between the frames , adjustment rings , and cone section shall be free of dirt , stones , debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint , or use trowelable material in lieu of pre- formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims, wood , stones , or any material not specifically accepted by the Engineer may be used to obta in 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 jo ints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling. C. MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including , but not lim ited to , joint seal i ng , lift hole sealing and exterior surface coating . Payment shall not include pavement replacement , which if required , shall be paid separately . 02/09/2010 SC-18 PART D -SPECIAL CONDITIONS The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole , including , but not lim ited to , excavation , backfill , disposal of materials , joint sealing, lift hole sealing and exterior surface coating . Payment shall not include pavement replacement , which if required, shall be paid separately . The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole , including but not limited to , joint sealing, lift hole sealing , and exterior surface coating . Payment for concrete collars will be made per each . Payment for manhole inserts will be made per each. D-27 SANITARY SEWER SERVICES Any reconnection , relocation , re-routes , replacement , or new sanitary sewer service shall be required as shown on the plans , and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees . City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis . The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A min imum 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 reconnect ion is called for the Contractor shall vertically adj ust 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 serv ice 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 serv ice 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 build ing clean-out) the elevations 02109/2 010 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 po int 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 sha ll 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 /2 010 SC-20 PART D -SPECIAL CONDITIONS A. SALVAGE OF EXISTING WATER METER AND METER BOX : Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . B. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . The concrete vault shall be demolished in place to a point not less than 18 inches below final grade . The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . C. SALVAGE OF EXISTING FIRE HYDRANTS : Existing fire hydrants shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . D. SALVAGE OF EXISTING GATE VALVE : Existing gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials. The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . If the valve is in a concrete vault , the vault shall be demolished in place to a point no less than 18" below final grade. E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 inches below final grade . Concrete shall then be used as backfill material to match existing grade. F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18 " below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade. G. ABANDONMENT OF MANHOLES : Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete . Manhole top or cone section shall be removed to the top of the full barrel diameter section , or to point not less than 18 inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfil l. 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 COND ITIONS 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 exist ing 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 requ ired . 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 exist ing sewer main to be abandoned to make a fi nal determinat ion 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. 0 2/09/2010 SC-22 PART D -SPECIAL CONDITIONS 0-29 DETECTABLE WARNING TAPES Detectable underground ut ility warn ing 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 sol id 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). 0-30 PIPE CLEANING Joints shall be wiped and then inspected for proper installat ion 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 . 0-31 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 Admin istrator 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 perm it , including any necessary Eng ineering 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 02/09/2 010 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 action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream . The equipment shall carry its own water tank , auxiliary engines , pumps , and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease . If sewer cleaning balls or other equipment , which cannot be collapsed , is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. 2 . CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high- velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand , and other materials and obstructions from the sewer lines and manholes . If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted . If, again , successful cleaning cannot be performed or equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists , and the cleaning effort shall be abandoned . 02/09/2010 SC-24 PART D -SPECIAL CONDITIONS When additional quantities of water from fire hydrants are necessary to avoid delay in normal work ing procedures , the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System , the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup , including the water usage bill. All expenses shall be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge , dirt , sand , rock , grease , and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned . Passing material from manhole section to manhole section , which could cause line stoppages , accumulations of sand in wet wells , or damage pumping equipment , shall not be permitted . 4 . All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City . 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES , CATCH BASINS , STORM DRAINS OR SANITARY SEWER MANHOLES . 6 . TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection . Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions . The camera , television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory , equipment shall be removed and no payment will be made for an unsatisfactory inspect ion . 8 . EXECUTION : 1. TELEVISION INSPECTION : The camera shall be moved through the line in either direction at a moderate rate , stopping when necessary to permit proper documentation of any sewer service taps . In no case will the television camera be pulled at a speed greater than 30 feet per minute . Manual winches , power winches , TV cable , and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line . When manually operated winches are used to pull the television camera through the line , telephones or other 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 televis ion inspection videotapes shall have a footage counter . Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable , or the like , which would require interpolation for depth of manhole , will not be allowed. Accuracy 02/09/2010 SC-25 PART D -SPECIAL CONDITIONS of the d istance 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 retriev ing the Television camera, under all circumstances , when it becomes lodged during inspection , shall be incidental to Television inspection. 2 . DOCUMENTATION: Television Inspection Logs : Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection . In addition , other points of significance such as locations of unusual conditions , roots , storm sewer connections , broken pipe , presence of scale and corrosion , and other discernible features will be recorded, and a copy of such records will be supplied to the City . 3. PHOTOGRAPHS : Instant developing , 35 mm , or other standard-size photographs of the telev ision picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 4 . VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed . Video tape recording playback shall be at the same speed that it was recorded . The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days . Equipment shall be provided to the City by the Contractor for review of the tapes. The Engineer will return tapes to the Contractor upon completion of review . Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re-televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made . Also , no payment shall be made for port ions of lines not televised or portions where manholes cannot be negotiated with the television 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 wh ich 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-Construct ion Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised . The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily 02/09/2010 SC-26 PART D -SPECIAL CONDITIONS evaluated as to existing sewer cond itions and for providing appropriate means for review of the tapes by the Engineer including collection and removal , transportation and disposal of sand and debris from the sewers to a legal dump site . Television inspection shall include necessary cleaning (hydraul ic jet or mechan ical cleaner) to provide video image required for line analysis . The primary purpose of cleaning is for television inspection and rehabilitation ; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera , under all circumstances , when it becomes lodged during inspection , shall be incidental to TV Inspection . The item shall also include all costs of installing and ma intaining 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 rehabilitated and/or replaced . The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system . Under no circumstances will the Contractor be permitted to discharge sewage into the trenches . Payment shall be incidental to rehabilitation or replacement of the sewer line. D-37 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction , ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub-Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television . Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 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 02109/2 010 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 dev ice , 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 inspect ion , 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 act ive , 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 relat ion to an ad j acent 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 02109/2010 SC-29 PART D -SPECIAL CONDITIONS and may be retained a maximum of 30 calendar days . Equipment shall be provided to the City by the Contractor for review of the tapes . Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re- televise and provide a good tape of the line at no add itional cost to the City . If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for telev ising this portion shall be made . Also, no payment shall be made for portions of lines not telev ised 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 Telev ision 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 Inspect ion . 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 plac ing of concrete using the same aggregate , cement , and mortar which are to be used later in the concrete . The Contractor shall provide a certified copy of the test results to the City . C. Quality control testing of in-place material on 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 w ill be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furn ish 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 s ite to be tested , and any work effort involved is deemed to be included in the unit price for the item being tested. 02/09/2 010 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 condit ions created by his construction operations. The temporary measures shall include dikes , dams , berms , sediment bas ins , fiber mats , jute netting , temporary seeding, straw mulch , asphalt mulch , plastic liners , rubble liners, baled-hay retards, d ikes , 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 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 , seeding, and other such permanent pollution-control measures current in accordance w ith 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 construct ion 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 Eng ineer, 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. 02109/2 010 SC-31 PART D -SPECIAL CONDITIONS 6. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils , bitumen, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams , lakes and reservoirs and to avoid interference with movement of migratory fish . C . MEASUREMENT AND PAYMENT: All work , materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. D-40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays . The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D-41 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than prior to start of work . Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense . Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal , or root pruning) can be done on trees or shrubs growing on public property including street Rights-of-Ways and designated alleys . This permit can be obtained by calling the Forestry Office at 817-392-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture . Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D-42 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus minus one-tenth (0.1) of a foot. 0210912010 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 requi rements . 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 w ill 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 plant ing 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 ex isting at the source shall be 02/09 /2 010 SC-33 PART D -SPECIAL CONDITIONS watered to the extent required prior to excavating . Sod material shall be planted within three days after it is excavated . CONSTRUCTION METHODS : After the designated areas have been completed to the lines, grades , and cross-sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described . Sodding shall be either "spot" or "block"; either Bermuda, Buffalo or St. Augustine grass . a. Spot Sodding Furrows parallel to the curb line or sidewalk lines , twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded . In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade . Holes of equivalent depth and spacing may be used instead of furrows . The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces. b . Block Sodding. At locations on the Drawings or where directed , sod blocks shall be carefully placed on the prepared areas . The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding shall be filled with additional sod and tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass. Surfaces of block sod , which , in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil , shall, upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth , sufficiently close to hold the block sod firmly in place . When necessary , the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun . Any excess dirt from planting operations shall be spread uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance . The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth. 3. SEEDING DESCRIPTION: "Seeding " will consist of preparing ground , providing and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications. MATERIALS : 02/09/2 010 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 conta iners . A sample of each variety of seed shall be furnished for analysis and testing when directed by the Eng ineer. The specified seed shall equal or exceed the follow ing 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 RA TE (lbs.); Pure Live Seed (PLS) Dates Feb 1 to May 1 Mixture for Clay or Tight Soils (Eastern Sect ions) Bermudagrass 40 Buffalograss 60 (Western Sections) Buffalograss 80 Bermudagrass 20 Total : 100 Total : 100 Table, 120.2 .(2)b Mixture for Sandy Soils (All Sect ions) Bermudagrass 60 Buffalograss 40 Total : 100 TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total: 100 CONSTRUCTION METHODS : After the designated areas have been completed to the lines, grades, and cross-sections shown on the Drawings and as provided for in other items of this Contract , seeding of the type specified shall be performed in accordance with the requirements hereinafter described . a . Watering . Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed . 02/09/2010 SC -35 PART D -SPECIAL CONDITIONS b. Finishing . Where applicable, the shoulders , slopes , and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross -section previously provided and existing at the time planting operations were begun . BROADCAST SEEDING : The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed . If the sowing of seed is by hand , rather than by mechanical methods , the seed shall be sown in two directions at right angles to each other. Seed and fert ilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained . "Finishing" as specified in Section D- 45 , Construct ion Methods , is not applicable since no seed bed preparation is required . DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed . The area shall then be finished to line and grade as specified under "Finishing" in Section D-45 , Construction Methods . The seed, or seed mixture, specified shall then be planted at the rate required and the application shall be made uniformly . If the sowing of seed is by hand rather than by mechanical methods , seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1/8) inch . The planted area shall be rolled with a corrugated roller of the "Cultipacker" type . All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING : The soil over the area shown on the Drawings, or as directed to be seeded , shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in d iameter, or they shall be removed . The area shall then be finished to line and grade as specified under "Finishing" in Section D-45 , Construction Methods . Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened . After the watering , when the ground has become sufficiently dry to be loose and pliable, the seed , or seed mixture specified , shall then be planted at the rate required and the application shall be made uniformly . If the sowing of seed is by hand , rather than mechanical methods , the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time , provided the specified uniform rate of application for both is obtained. After planting , the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch . The planted surface area and giving a smooth surface without ruts or tracks . In between the time compacting is completed and the asphalt is applied , the planted area shall be watered sufficiently to assure un iform moisture from the surface to a minimum of six (6) inches in depth . The application of asphalt shall follow the last watering as rapidly as possible. Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300 , "Asphalts , Oils and Emuls ions". If the type of asphalt to be used is not shown on the Drawings, or if Drawings are not included , then MS-2 shall be used . Applications of the asphalt shall be at a rate of three-tenths (0 .3) gallons per square yard . It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth . 02/09/2010 SC-36 PART D -SPECIAL CONDITIONS RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Tab le 120.2(2)a. The re-seeding w ill be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration . * Slit-seeding , is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4 . HYDROMULCH SEEDING : If hydro mulch seeding is provided , seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes . 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS : FERTILIZER DESCRIPTION : "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications . 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 ac id , 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 fert ilizer 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 fert ilized and in the manner directed for the part icular 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 s ite. Measurement will be made only on topsoils secured from borrow sources . Acceptable material for "Seeding " will be measured by the linear foot , complete in place. 0210912 010 SC-37 PART D -SPECIAL CONDITIONS Acceptable material for "Sodding" will be measured by the linear foot , complete in place . Acceptable material for "Fert ilizer" 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, equ ipment, 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 d isposal of all surplus materials; and for all materials , labor, equipment , tools and incidentals necessary to complete the work , all in accordance with the Drawings and these Specifications . The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding ", or "Sodding", of the type specified , as the case may be , which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly , but is considered subsidiary to Sodding and Seeding . D-45 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM " which must meet OSHA requirements for all its employees and subcontractors at all times during construction. All active sewer manholes , regardless of depth, are defined by OSHA , as "permit required confined spaces ". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM " for all applicable manholes and maintain an active file for these manholes . The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces . 02109/2010 SC-38 PART D -SPECIAL CONDITIONS 0-46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Pr ior 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 pr ice. Contractor shall still be required to address all other deficiencies , wh ich are discovered at the time of final inspection . 11 . Final inspection shall be in conformance with general cond ition item "C5-5 .18 Final Inspection " of PART C -GENERAL CONDITIONS . 0-47 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 with in 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 locat ions 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 diameter indicated . The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. D-49 CLAY DAM Clay dam construction shall be performed in accordance with the Wastewater Clay Dam Construction , figure in the Drawings in these Specifications, at locations indicated on the Drawings or as directed by the City . Clay dams shall be keyed into undisturbed soil to make an impervious barrier to reduce groundwater percolation through the pipeline trench . Construction material shall consist of compacted bentonite clay or 2:27 concrete. Payment for work such as forming, placing and finishing shall be subsidiary to the price bid for pipe installation. D-50 EXP LORA TORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of fill existing utilities prior to construction , in accordance with item D-6 . At locations identified on the drawings , contractor shall conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. The exploratory excavation shall be conducted prior to construction of the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications . The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D-Hole). Payment shall not be made for verification of existing ut ilities per item D-6. Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials , excavation , surface restoration , field surveys , and all incidentals necessary to complete the work , shall be the unit price bid . No payment shall be made for exploratory excavation(s) conducted after construction has begun. D-51 INSTALLATION OF WATER FACILITIES 51.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backfill , bedding , blocking , detectable tapes and all other associated appurtenant required , shall be included in the linear foot price bid of the appropriate BID ITEM(S). 02/09/2010 SC-40 PART D -SPECIAL CONDITIONS 51.2 Blocking Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents . All valves shall have concrete blocking provided for supporting . No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve . 51.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically We lded Steel Water Pipe , and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects . The steel casing pipe shall be supplied as follows : For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203 . Touch-up after field welds shall provide coating equal to those specified above . C . Minimum thickness for casing pipe used shall be 0.375 inch . Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non- concrete pipes when installed in casing. Installation shall be as recommended by the Manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E 1-15 and Construction standard E2-15 as per Fig . 110 of the General Contract Documents . 3 . PAYMENT: Payment for all materials, labor, equipment , excavation, concrete grout , backfill, and incidental work shall be included in the unit price bid per foot. 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 exist ing water or sanitary sewer lines prior to manufacturing of the connecting piece . Any differences in locations , elevation , configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction . Where it is required to shut down existing mains in order to make proposed connections, such down t ime shall be coordinated with the 02/09 /2 010 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 ma in , the Contractor shall notify the City Project Manager, Construction Serv ices , Phone 817-392-8306 , at least 48-hours prior to the required shut down time . The Contractor's attention is directed to Paragraph C5-5 .15 INTERRUPTION OF SERVICE , Page C5-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location , t ime , and schedule of the service interruption. The cost of removing any ex isting concrete blocking shall be included in the cost of connection . Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size . 51.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve ; the work must be expedited to the utmost and all such cut-ins must be coord inated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and adv ised of the approximate length of time they may be without service . Payment for work such as backfill , bedding, fittings , block ing 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 Con t ract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops , type K copper water tubing , curb stops with lock wings , meter boxes , and if required approved manufactured service branches . All materials used shall be as spec ified in the Material Standards (E 1-17 & E 1-18) contained in the General Contract Documents . All water serv ices to be replaced shall be installed at a minimum depth of 36 inches below final grade . All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1- inch Type K copper, 1-inch diameter tap saddle when required , and 1-inch corporation from the main line to the meter box . All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5.15 INTERRUPTION OF SERVICE . 02109/2 010 SC-42 PART D -SPECIAL CONDITIONS All water service meters shall be removed, tagged , and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS : Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction . The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop . Payment for all work and materials such as backfill , fittings , type K copper tubing, curb stop with lock wings , service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle (if required), corporation stops , and fittings shall be included in the price bid for Service Taps to Ma in . 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop . The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 2. WATER SERVICE METER AND METER BOX RELOCATIONS : When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location , separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately . Relocations made along the centerline will be paid of in feet of copper service line. When relocation of service meter and meter box is required, payment for all work and materials such as backfill , fittings , five (5) feet of type K copper service and all materials , labor, and equipmen t used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs w ill be included in other appropriate bid item(s). This item will also be used to pay for all serv ice meter and meter box relocations as required by the Engineer when the service line is not being replaced . Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time . Locations with multiple service branches will be paid for as one service meter and meter box relocation. 02109/2 010 SC-43 PART D -SPECIAL CONDITIONS 4 . NEW SERVICE : When new services are required the contractor shall install tap saddle (when required), corporation stop , type K copper service line , curb stop with lock wings, and meter box . Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section E1-18A-Reinforced Plastic Water Meter Boxes . Payment for all work and materials such as backfill , f itt ings , type K copper tubing , and curb stop with lock w ings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle , corporation stops , and fittings shall be included in the price bid for Service Taps to Mains . Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box . 1. MULTIPLE SERVICE BRANCHES : When multiple service branches are required the contractor shall furnish approved factory manufactured branches . Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 2 . MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 51.8 2-lnch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work . The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Eng ineer 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 fo r 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 f lushing 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 connect ions are made between pressure planes 02/09/2010 SC -45 PART D -SPECIAL CONDITIONS 51.11 Water Sample Station GENERAL : All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge ; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. PAYMENT FOR FIGURE 34 INSTALLATIONS : Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station , concrete support block, curb stop , fittings , and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . PAYMENT FOR FIGURE 33 INSTALLATIONS : Payment for all work and materials necessary for the installation tap saddle , gate valve , and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station, modification to the vault , fittings , and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . 51.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings , and Specials , Sub section E2-7 .11 Cast Iron Fittings : E2-7 .11 DUCTILE-IRON AND GRAY-IRON FITTINGS : All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E1-7 . The price bid per ton of fittings shall be payment in fu ll for all fittings , joint accessories, polyethylene wrapping , horizontal concrete blocking , vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13 . Wrapping shall precede horizontal concrete blocking, vertical tie-down concrete blocking , and concrete cradle . Payment for the polyethylene wrapping, horizontal concrete blocking , vertical tie-down concrete blocking , and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed . 02/09/2010 SC-46 PART D -SPECIAL CONDITIONS D-52 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200 , "Sprinkling for Dust Control " shall apply . However , no direct payment will be made for this item and it shall be considered to this contract. D-53 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the exist ing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers . Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price . D-54 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction . Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation. No extra payment shall be allowed for this special condition . D-55 TREE PRUNING A. REFERENCES : National Arborist Association 's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQU IPMENT 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 back ing 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 . 02/09/2 010 SC-47 PART D -SPECIAL CONDITIONS 9. Backfill and compact the trench immediately after trenching . 10 . Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 11 . Within 24 hours , prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 12 . Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection . E. MULCHING : Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price . D-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 immediate ly repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement , fences, walls, sprinkler system piping , etc ., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed . D-57 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils , including the amount of rock, if any , through which this pipeline installation is to be made is the responsibility of any and all prospective bidders , and any bidder on this project shall submit his bid under this condition . Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determination by the use of test holes or other means , shall be left to the discretion of such prospective bidders . If test borings have been made and are provided for bidder's information , at the locations shown on the logs of borings in the appendix of this specification, it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same , either in character, location , or elevation , as shown on the boring logs. It shall be the responsibility of the bidder to make such subsurface investigations, as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected by the geology of the site. The cost of all rock removal and other associated appurtenances , if required, shall be included in the linear foot bid price of the pipe . 02/09/2 010 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 del iver a notice or flyer of the pending construction to the front dopr of each residence or business that will be impacted by construction. The notice shall be prepared as follows : The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area . The flyer shall be prepared on the Contractor's letterhead and shall include the follow ing ·informat ion : 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 cont ractor 's letterhead and shall include the following information: Name of the project , City Project Number, the date of the interrupt ion of service, the period the interruption will take place , the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number. A sample of the temporary water service interruption notification is attached . A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses . Electronic versions of the sample flyers can be obtained from the Project Construction Inspector .. All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made . D-59 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be considered a subsidiary item . In the event that the contractor prefers for the Signals , Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings , the contractor shall contact SSMD at (817) 392-8770 and shall reimburse SSMD for all costs incurred , both labor and material. No additional compensation shall be made to the contractor for this reimbursement. 02/09/2 010 SC-49 PART D -SPECIAL CONDITIONS 0-60 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets, sidewalks , etc . whenever possible . When it is not possible , the cleanout stack and cap shall be cast iron . Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts. 0-61 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base. The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled w ith a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item . The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized . The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. 0-62 CONSTRUCTION STAKES The City , through its Surveyor or agent, will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional practice , establishing line and grades for roadway and utility construction , and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc .), and one set of excavation/or stabilization stakes , and one set of stakes for curb and gutter/or paving . It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc ., all stakes furnished until completion of the construction phase of the project for which they were furnished. If the City or its agent determines that a sufficient number of stakes or markings provided by the City, have been lost , destroyed, or disturbed, to prevent the proper prosecution and control of the work contracted for in the Contract Documents , it shall be the Contractor's responsibility, at the Contractor's sole expense , to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 0-63 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction, right-of-entry agreements , and/or permits to perform work on private property . The City has attempted to obtain the temporary construction and/or right-of-entry agreements for properties where construction activity is necessary on City owned facilities , such as sewer lines or 02/09/2010 SC-50 PART D -SPECIAL CONDITIONS manholes . For locations where the City was unable to obtain the easement or right-of-entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for review by contacting the consultant who distributes the plans for the project. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property . Contractor shall adhere to all requirements of Paragraph C6-6 .10 of the General Contract Documents. The Contractor's attention is directed to the agreement terms along 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 Violations and City Determination of Good Cause . On receipt of information , including a complaint by a worker , concerning an alleged violation of 2258.023 , Texas Government Code , by a contractor or subcontractor, the City shall make an initial determination , before the 31st day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determ ination 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 be ing subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258 .023 , Texas Government Code , including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction . Records to be Maintained . The contractor and each subcontractor shall , for a period of three (3) years following the date of acceptance of the work , maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract ; and (ii) the actual per diem wages paid to each worker . The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection . Pay Estimates . With each partial payment estimate or payroll period , whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code . Posting of Wage Rates . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance . The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . (Wage rates are attached at the end of this section .) (Attached) 02109/2 010 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. B. ACP is defined under NESHAP as a Category II, non-friable material in its intact state but which may become friable upon removal , demolition and/or disposal. Consequently, if the removal/ disposal process renders the ACP friable , it is regulated under the disposal requirements of 40 CFR 61.150. A NESHAP notification must be filed with the Texas Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non -friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental Protection Agency (EPA) defines friable as material, when dry, which may be crumbled , pulverized or reduced to powder by hand pressures. C. The Generator of the hazardous material is responsible for the identification and proper handling , transportation , and disposal of the material. Therefore, it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable . The Excavator is responsible to employ those means, methods, techniques and sequences to ensure this result. E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs , which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents . D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations , a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an "operator'' by state regulations and is required to obtain a permit. Information concerning the 02/09/2010 SC-53 PART D -SPECIAL CONDITIONS permit can be obtained through the Internet at http ://www.tnrcc .state .tx .us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance w ith North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obta ined through the Internet at www .dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that , if properly utilized , can min imize the need for physical controls and possible reduce costs . The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi): If the project will result in a total land disturbance equal to or greater than 5 acres , the contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site . The NOi shall be submitted to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the required $100 application fee. The NOi shall be mailed to : Texas Commission on Environmental Quality Storm Water & General Permits Team ; MC-228 P .O. Box 13087 Austin, TX 78711-3087 A copy of the NOi shall be sent to : City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth , TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign , prior to final payment , a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to : Texas Commission on Environmental Quality Storm Water & General Permits Team ; MC -228 P.O . Box 13087 Austin , TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site . Copies of the project SWPPP 's are available for viewing at the office of the Consultant disbursing the plans for the project. The selected Contractor shall be provided with three copies of the SWPPP after award of contract , along with unbounded copies of all forms to be submitted to the Texas Commiss ion on Environmental Quality. 02/09/2 010 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 perm ittee, 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 dra in , 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 ex isting water system . Failure to comply will render the Contractor in violation of Texas Penal Code Title 7 , Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law . In addition , the Contractor will assume all liabilities and responsibilities as a result of these actions. 02/09/2010 SC-55 PART D -SPECIAL CONDITIONS D-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City , in sole discretion may require, including but not limited to manpower and equipment records , information about key personnel to be assigned to the project , and construction schedule , to assist the City in evaluat ing and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame . Based upon the City 's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule , the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example : 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken : 1. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that , within 10 days from the date that the letter is received, it prov ide sufficient equipment, materials and labor to ensure completion of the work within the contract time . In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of Water Department , and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discret ion, be required to be provided to interested indiv iduals w ill 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 fa ils to perform satisfactorily a second time prior to the completion of the contract , the bonding company will be notified appropriately. 0210912010 SC-56 - PART D -SPECIAL CONDITIONS D-71 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS ". Typically , the OZONE SEASON, within the Metroplex area , runs from May 1, through OCTOBER 31, with 6:00 a.m. -10 :00 a .m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m . on the afternoon prior to the WATCH day . On designated Air Pollution Watch Days , the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10 :00 a.m. whenever construct ion 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 Transportat ion 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 02/09/2010 PART D -SPECIAL CONDITIONS FORT WORTH ' _,,, Date: ____ _ DOE 110. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON-------- BETWEEN THE HOURS OF AND------ IF YOU HA VE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALL: MR. AT _________ _ (CONTRACTORS SUPERINTENDENn (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 ,; e u s a n I y 0 T .A H p A D N e s H A p G T 0 H PART D -SPECIAL CONDITIONS ~ DEMOLITION/ RENOVATION ~ NOTIFICATION FORM T D H NOTIFICATION# _________ _ TEXAS CEPARTMENT OF HEALTH NOTE: CIRCLE ITEMS THAT ARE AMENDED 1) Abatement Contractor:_-_________________ TDH License Number:'------ Adcress: City: State : Zip: ___ _ Office Phone Number: .._..__ _________ Joi> S ite Pl'IOne Numbat;. _____________ _ S"rte Supervisor: TDH License Number:--------------- Site &Jpcrwsor : TOH Lirens.e Number:-. -------------- Trained On-Site NESHAP lndividual: _______________ Ceriification Date:. _______ _ Demolition Contractor: ______________ Olfice Phooe Number._. ~----------- Address: Cit~·: Ste1e: ____ Zip: ___ _ 2) Project Consullanl or Opera1or: ________________ TDH Licensa Number: _____ _ Mailing Addres.s: _______________ -::--:-::---::-:----,-,---,---,,---,---------- Clty: State:. ____ .Zip; ____ Office Pt1one Number: ....... _..__ _____ _ 3) Facllit;•0·.1,mer: ___________________________________ _ Atlontion : ________________ ---------------------- Marnng Address: _____________________ -:-------,-,----------- City.: State: Zip : O'M"ler Phone Numbcr_~---- ··Noto: Thg invoic;o for the notification foe will be sentto the owne.r cf the building and l:he billing .iddrC$$ for the invoke will be obtained rrcm the lnrotm.llion th.it Is prn"Yided In thl~ i;ection. 4) Description ()r Facility Name=-------------------~-----------Physic..l Adctre!>s : _____________ County: Ci~·: _______ .Zip; ___ _ Facil ity Phone Number Facil ity Contact Person : _____________ _ Descripl ion of Areal Room Num ber: ____________________________ _ Prior Use: _______________ .Furure Usa: _________________ _ Age o f Building.'facili1y : S i~: Number of F lcors: _____ Sc.'lool (K -12): r:: YES c NO 5) Type of Work: Cl Demolition n Renovation {Abatement) :J Annual Consolidated Work will be during: U Day D E•,ening D Night -: Phased Project Descri ption of work schedu:lc: ____________________ ----------- 6} IS this a Public Building? ,-: YES NESHAP-Only Facility? n YES n NO Federal Facility?:, YES : NO Industrial Site? D YES Cl NO 0 NO IS Buildir,giFacilfly Occupied? :.1 YES fl NO 7) No1iiication Type CHECK ONL V ONE V : Original (10 Working Days) ::: Cancellation c Amendment o EmergencyfOrdercd I 0 I a: tf () n ? H 1his is an amendment. which amendrnen1 nu mber is this?_ (Enclose copy of origin.ii and/or last amendment) If an emergency, who did you talk with at TOH? Emergency#: ______ _ Date ~nd Hout o! Emeq;Mcy {HHIMM.IDDIYY}:. _______ _ Description of the sudden, unexpected event and explenation ol how tho ()Vent caui;ed unsafe conditions or Would cause equ i pment damage {computets • .machinery, etc. ________________________ _ O B) Descripiion of procedures to be followed in the event lhat unexpected asbestos is found or prevrously non-fri~le ~I asbestos material becomes crumbled. pul\•etized. or reduced lo powder:----------------- S 9) ·was .an Asbestos SUl"li'e'I performed? o YE::$ 0 NO Da te: I TOH Inspector Lic-erise No; _____ _ G Anelytical Me1hod : D PLM O TEM n Assumed TOH Laboratory License No: ,------- N (For TAHPA (public building) projeds: an assum;:,tion musl be made by a TDH LiC(},lSed lnspeclor) 02/09/2010 t O) Descript:on of planned demoli tion or renovation work. ~pe of material, end method(s) to be used-:. ______ _ 11) Doscription of work practices and engineering controls to be used to pr<:wcnt emissions of asbestos a t the demolitioni'renova1ion : __ --~--------------------------- SC-60 PART D -SPECIAL CONDITIONS 12) ALL applicabtc Items in 1hl!! fol lowing table must be completed : IF NO AS8ESTOS PRESENT CHECK HERE: Appro1dm11te ~mount of Check. unit of measurement Asbestos..Containing Building Materi11l 1--___ As_b,..e_s_to_s _____ ..--..------...-~---l Type Pipes Surface Area RACM to be removed RACM NOT removed Interior Cate or J non-friab!a removed Extetiot Gate o I non"friabl e removed Catec:o I non -triable NOT remo'>'ed Interior Cat o • II non"friable remo\•ed Exterior Cateq JI non-friable removed Cate JI non -friable NOT remo .. ed RACM Otf~Facillty Component 13) Waste Transponer Name: _________________ TOH Llcense Number:------ Addr-0ss : ___________ Ci.y: __________ sta1e: ___ Zip: ___ _ Coot!lc:i Person : Phone Number: ..__ ..... · ......... _______ _ 14) waste Disposal Site Name=------------------------------ Address :'-______________ City: ----------State: ___ Zip: ___ _ Telephone : TNRCC Per mit Number:-------- 15) For s,n.ic tu rally unsou nd facilities, attaeh a copy of demolition order and oclen ti fy Governmental Official beilow; Name : Registrat ion No:-------------- Title: __ ,----,----~-------- Dale of ordet (MWJDDJYY), Date order to begin {MM.rDD/YY) _ __,_.,_· __,_l __ 16) Scheduled Dates of Asbestos Abatemen ! (MMi'DDIYY) Start:----'-'---'---Complete; -~-~/- 17) Scheduled Dates Demolitionl Renovation {MM/DDlYY) Start:. Complete:_~/-~/ ___ _ " Note: tf the start date <>n this nolitic.ation ,c:an not bo mut, tbu TOH Regional or L.ocal Program office Must b8 contacted by phone prior to the start date. Failure lo do so is. a vioi.ation ii'! ;)t:C:t>rd:lnco to TAHPA, Section 295.61. l hereb1• certify lnet all inform aoon I have provided is coHcct, complete. and true to the best of my knowledge . I acknD'h'ledge that I am respons ible for all aspects er the notifica.1icn form , includi ng, bu t not limiting , cc-1tent and sub mi ss ion dales . TM maximum penalty is $10,aOOO per dey per vi olation . (Signa i ure of Building 0,Nner/ Operator or Deleg-ated Consu l tanL"Conlrac1or) MAIL TO: (Printed Na me) {Dale} ASBESTOS NOTIFICATION SECTION TOXIC SUBSTANCES CONTROL DlVIS ION TEXAS DE PARTMENT OF HEAL Tt1 PO BOX 1<13538 AUSTIN, TX 78714-3538 PH: 512--'334..fi6DO. 1--'300-572-5548 (Telepho.-ie) (Fax Nu m ber) •Faxes arc not accepted" Farm APBf.5,. dated fJZ/29/02. Replaces TOH fotm datod 07/13/01. For assistance in completing form. c;aJI 1-800--572-5548 02/09/2010 SC-61 PART D -SPECIAL CONDITIONS 0210912010 SC-62 PART D -SPECIAL CONDITIONS City of .Fort Worth Highway {Heavy} Construction Prevailing Wage Rates .For 2008 Classifications Air Tool Operato:r Asphalt Rake r Asph,3.lt .Shove-Je r .A.sphalr. D i =.tribuior Operator Asphalt Pa11 i na Machine OpHator Sa.tchi ,g Plant Wei gher Srocm or Sweeper Operator Bulldozer Oper ator Caroen~r ,'R.ouch) Concrete i=i rfrsh,e,r-P aving Concrete. Fin is.h-=-r ·-Structures Cor,crete Pa,'inQ Cwbing t.lach . Qper. Concrete Pavino Finishir:o Mach. OPH. Concrete Pa.,i ng .lcint Sealer Oper. Concrete Pavi no Saw Ooer. Concrete P avi ng Spreader Ope r . Concrete Rubber Crane. Clamshell, Backhoe. De rric~. Dra:g !ine. Shovel !electrician Fl agger Form Bui lder-Structures Form Setter-Pavi ng & Curbs Foundat,cn Dri ll Oceratcr. Crawl;;.r Mou nted Foundat ion Drdl Oo-erator, i ruck Mounted Frcnt End Loader L aborer-Common L abore-r-Ut il i:y M eohanic Milling Mach ine O perator, Fi ne Grade M ixer Cceratcr M01or Grader Ope.rator (,C ine Gra.de} Moior Grader Ooerator, Rough O il er ;=>a.inter, Structures Pa,·e m ent Marki na Machi ne Ooe r. Roller. Ste-e l 'Nheel F l am-Mix Pavements Roller. Steel 'Nheel Cther Flah'llheel or Tamoi ni; Roi!er. Pneumatic , Self-Propelled Scraper Rei nfcrcin a Steel Seter ,:Pavina ) IRe i nforcino Steel Seter (Structure\ Sou rce is AGG of Texas (Hwy. Hvy, utilit:.Os Industria l B ranch j N'NA'.access,gpcgo'Jl da'.'i sbacnn, 02/09/2010 Hourlv Rate-s $10 .. C6 $8.80 $12 .78 $14.15 $13 .22 s12.e,J $12.85 $t3.27 $13.e3 $12.50 $13 .::'5 $14.e(I $10 .e1 $14.12 $1EL12 SB.43 $11.e3 $1U3 s13 .e, $1620 s12.e2 S9 .18 s1oes $16 .97 $11 .8.3 $11 .eS $15.20 $14.ED S t:3. l7 $10.G4 $11C4 $!1 .29 $10 .92 $11 .C7 $14 .e-o SC-63 Classifications Scraper Oper.3t or Servicer 8,lio Ferm Machine Oaerato, Screader Bex Ooerator Tractor operator. CrmN'ler Tvi,e Tractor cperaror, Pneumatic Travelina Mi:,:er Oceratcr Truck Driver-Sir:gl-e A:<le {Lght) Truck Driver-Sina le Axle f Heavv) Truck Dri•Jer-1 andem Axle S"nii-Trail.er Truck Drive•-L cwbo·,•/Float Truck Drive•-Transii Mix 'l\lagcn Drill , Boring Machi ne. Post Hole D r iller '/ii.elder Work Zone Sa rricade Ser•,icer Hrl v Rts Sn.42 S 12.32 S 12.33 $10.92 S ,2.60 S 12.Q1 S 12.03 Si'l.47 S 1 1.75 S14.93 S 12.0& S 14.00 $13 .57 S 10.0~ Part DA Additional Special Conditions PART DA -ADDITIONAL SPECIAL CONDITIONS DA-1 AW ARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS -OMIT 4 DA-2 PIPELINE REHABILITATION CURED-IN-PLACE PIPE -OMIT ....................... 4 DA-3 PIPE ENLARGEMENT SYSTEM -OMIT .................................................................. 4 DA-4 FOLD AND FORM PIPE -OMIT ................................................................................. 4 DA-5 SLIPLINING -OMIT ..................................................................................................... 4 DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT .................................................. 4 DA-7 TYPE OF CASING PIPE .......... , ..................................................................................... 7 DA-8 SERVICE LINE POINT REP AIR/ CLEAN OUT REPAIR -OMIT ........................ 8 DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION - OMIT 8 DA-10 MANHOLE REHABILITATION -OMIT ................................................................... 8 DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION -OMIT ....... 8 DA-12 INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM - OMIT 8 DA-13 INTERIOR MANHOLE COATING -QUADEX SYSTEM -OMIT ........................ 8 DA-14 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM -OMIT ............... 8 DA-15 INTERIOR MANHOLE COATING -RA VEN LINING SYSTEM -OMIT ............ 8 DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINER -OMIT ................................................................................................................................. 8 DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM-OMIT ............... 8 DA-18 RIGID FIBERGLASS MANHOLE LINERS -OMIT ................................................. 8 DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION -OMIT ........................... 8 DA-20 PRESSURE GROUTING -OMIT ................................................................................. 8 DA-21 VACUUM TESTING OF REHABILITATED MANHOLES -OMIT ...................... 8 DA-22 FIBERGLASS MANHOLES -OMIT ........................................................................... 8 DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES -OMIT 8 DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER -OMIT ........................ 8 DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS-OMIT ................................. 8 DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE -OMIT ......................... 8 DA-27 GRADED CRUSHED STONES -OMIT ...................................................................... 8 DA-28 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE -OMIT ....................................... 8 DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX)-OMIT .................................. 8 DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER -OMIT ....................... 8 DA-32 NEW 7" CONCRETE VALLEY GUTTER -OMIT ................................................... 9 DA-33 NEW 4" STANDARD WHEELCHAIR RAMP-OMIT ............................................. 9 DA-34 8" PAVEMENT PULVERIZATION -OMIT .............................................................. 9 DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) -OMIT .. 9 DA-36 RAISED PAVEMENT MARKERS -OMIT ................................................................. 9 DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING ... 9 DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL 13 DA-39 ROCK RIPRAP -GROUT-FILTER FABRIC -OMIT ........................................... 14 DA-40 CONCRETE RIPRAP -OMIT .................................................................................... 14 1012310s ASC-1 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-41 CONCRETE CYLINDER PIPE AND FITTINGS -OMIT ...................................... 14 DA-42 CONCRETE PIPE FITTINGS AND SPECIALS -OMIT ........................................ 14 DA-43 UNCLASSIFIED STREET EXCAVATION -OMIT ................................................ 14 DA-44 6" PERFORATED PIPE SUBDRAIN -OMIT ........................................................... 14 DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS-OMIT ............................... 14 DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION -OMIT ........................... 14 DA-47 PAVEMENT REPAIR IN PARKING AREA-OMIT ................................................ 14 DA-48 EASEMENTS AND PERMITS .................................................................................... 14 DA-49 HIGHWAY REQUIREMENTS ................................................................................... 15 DA-50 CONCRETE ENCASEMENT -OMIT ....................................................................... 15 DA-51 CONNECTION TO EXISTING STRUCTURES -OMIT ........................................ 15 DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION -OMIT ........ 15 DA-53 OPEN FIRE LINE INSTALLATIONS -OMIT ......................................................... 15 DA-54 WATER SAMPLE STATION -OMIT ....................................................................... 15 DA-55 CURB ON CONCRETE PAVEMENT -OMIT ......................................................... 15 DA-56 SHOP DRAWINGS ....................................................................................................... 15 DA-57 COST BREAKDOWN -OMIT .................................................................................... 16 DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY -OMIT .......... 16 DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP -OMIT ................................................. 16 DA-60 ASPHALT DRIVEWAY REP AIR -OMIT ................................................................ 16 DA-61 TOP SOIL ....................................................................................................................... 16 DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT ..... 16 DA-63 BID QUANTITIES ........................................................................................................ 16 DA-64 WORKINHIGHWAYRIGHTOFWAY .................................................................. 17 DA-65 CRUSHED LIMESTONE (FLEX-BASE) -OMIT .................................................... 17 DA-66 OPTION TO RENEW -OMIT .................................................................................... 17 DA-67 NON-EXCLUSIVE CONTRACT -OMIT .................................................................. 17 DA-68 CONCRETE VALLEY GUTTER -OMIT ................................................................. 17 DA-69 TRAFFIC BUTTONS -OMIT ..................................................................................... 17 DA-70 PAVEMENT STRIPING -OMIT ................................................................................ 17 DA-71 H.M.A.C. TESTING PROCEDURES -OMIT ........................................................... 17 DA-72 SPECIFICATION REFERENCES .............................................................................. 17 DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX -OMIT ........................................................... 17 DA-74 RESILIENT-SEATED GATE VALVES ..................................................................... 17 DA-75 EMERGENCY SITUATION, JOB MOVE-IN -OMIT ............................................ 17 DA-76 1 Yi" & 2" COPPER SERVICES .................................................................................. 17 DA-77 SCOPE OF WORK (UTIL. CUT) -OMIT ................................................................. 18 DA-78 CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT) -OMIT ................................. 18 DA-79 CONTRACT TIME (UTIL. CUT)-OMIT. ................................................................ 18 DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) -OMIT ......... 18 DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT)-OMIT ........................... 18 DA-82 LIQUIDATED DAMAGES (UTIL. CUT) -OMIT .................................................... 18 DA-83 PAVING REP AIR EDGES (UTIL. CUT) -OMIT ..................................................... 18 10/23108 ASC-2 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-84 TRENCH BACKFILL (UTIL. CUT)-OMIT ............................................................ 18 DA-85 CLEAN-UP (UTIL. CUT) -OMIT .............................................................................. 18 DA-86 PROPERTY ACCESS (UTIL. CUT) -OMIT ............................................................ 18 DA-87 SUBMISSION OF BIDS (UTIL. CUT) -OMIT ......................................................... 18 DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) -OMIT .......................... 18 DA-89 CONCRETE BASE REP AIR FOR UNIT II & UNIT III (UTIL. CUT) -OMIT ... 18 DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) -OMIT .......................................... 18 DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT)- OMIT 18 DA-92 MAINTENANCE BOND (UTIL. CUT)-OMIT ........................................................ 18 DA-93 BRICK PAVEMENT (UTIL. CUT) -OMIT ................................................... ., ......... 18 DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT)-OMIT ........................................ 18 DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT)-OMIT ................................. 19 DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) -OMIT .................. 19 DA-97 "QUICK-SET" CONCRETE (UTIL. CUT)-OMIT •............................................... 19 DA-98 UTILITY ADJUSTMENT (UTIL. CUT)-OMIT ...................................................... 19 DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT)-OMIT ................................................................................................................................. 19 DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT)-OMIT .......... 19 DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) -OMIT. ................................ 19 DA-102 PAYMENT (UTIL. CUT)-OMIT ........................................................................... 19 DA-103 DEHOLES (MISC. EXT.)-OMIT .......................................................................... 19 DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.)-OMIT ................................ 19 DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.)-OMIT ...................... 19 DA-106 BID QUANTITIES (MISC. EXT.)-OMIT ............................................................ 19 DA-107 LIFE OF CONTRACT (MISC. EXT.)-OMIT ...................................................... 19 DA-108 FLOWABLE FILL (MISC. EXT.) -OMIT ........................................................... 19 DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.)-OMIT ...................................... 19 DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) -OMIT .. 19 DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.)-OMIT ...................... 19 DA-112 MOVE IN CHARGES (MISC. REPL.)-OMIT ..................................................... 19 DA-113 PROJECT SIGNS (MISC. REPL.)-OMIT ............................................................ 19 DA-114 LIQUIDATED DAMAGES (MISC. REPL.)-OMIT ........................................... 19 DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.)-OMIT ........................ 19 DA-116 FIELD OFFICE-OMIT ........................................................................................... 19 DA-117 TRAFFIC CONTROL PLAN ................................................................................... 19 DA-118 COORDINATION OF WORK.WITH CONTRACTOR FOR OTHER UNITS 20 DA-119 CATHODIC PROTECTION SYSTEM -OMIT ................................................... 20 10123108 ASC-3 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS-OMIT DA-2 PIPELINE REHABILITATION CURED-IN-PLACE PIPE -OMIT DA-3 PIPE ENLARGEMENT SYSTEM -OMIT DA-4 FOLD AND FORM PIPE -OMIT DA-5 SLIPLINING -OMIT DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT A GENERAL: 1. Furnish materials and necessary accessories, with strengths, thickness , coatings , and fittings indicated, specified and/or necessary to complete the work. 2. All excavation shall provide an open area conforming to the outside diameter of the casing and/or carrier conduit. The excavation shall be to an alignment and grade which will allow the carrier conduit to be installed to proper line and grade as shown on the Plans and as established in the Specifications. 3. Work shall be performed in accordance with the requirements of the City of Fort Worth Water Department, the Texas Department of Transportation, or railroad company , as applicable . 8 . MATERIALS: 1. Casing Pipe : Casing pipe shall be steel conforming to ANSI 836.10 and the following : a. Field Strength : 35,000 psi minimum . b. Wall thickness: 0.312 in. minimum (0 .5 for railroad crossings). c. Diameter: As shown on the drawings (minimum size requirements). d. Joints: Continuous circumferential weld in accordance with AWS D1 .1. 2 . Carrier Pipe in Casing: Carrier pipe shall be as shown on drawings and as specified in the General Contract Documents. 3. Sewer Pipe without Casing Pipe: Shall be minimum Class 51 ductile iron pipe, or as designated on the plans. 4 . Grout: Grout shall be Portland Cement grout of min . 2000 psi compressive strength at 28 days. Proportioned not less than 1 cu. ft. of cement to 3 cu . ft. of fine sand with sufficient water added to provide a free flowing thick slurry. C. EXECUTION 1012310a ASC-4 1012 3/08 PART DA -ADDITIONAL SPECIAL CONDITIONS 1. Where sewer pipe is required to be installed under railroad embankments or under highways , streets or other facilities in other than open cut, construction shall .be performed in such a manner so as to not interfere with the operation of the railroad, street, highway, or other facility, and so as not to weaken or damage any embankment or structure. During construction operations, barricades and lights to safeguard traffic and pedestrians shall be furnished and mainta ined, until such time as the backfill has been completed and then shall be removed from the site . 2. Pits and Trenches : a. If the grade of the pipe at the end is below the ground surface, suitable pits or trenches shall be excavated for the purpose of conducting the jacking or tunneling operations and for placing end joints of the pipe. Wherever end trenches are cut in the sides of the embankment or beyond it, such work shall be sheeted securely and braced in a manner to prevent earth from caving in . b. The location of the pit shall meet the approval of the Engineer. c. The pits of trenches excavated to facilitate these operations shall be backfilled immediately after the casing and carrier pipe installation has been completed. 3. Boring and Jacking Steel Casing Pipe : Steel casing pipe shall be installed by boring hole with the earth auger and simultaneously jacking pipe into place . a. b. C. The boring shall proceed from a pit provided for the boring equipment and workmen . The holes are to be bored mechanically. The boring shall be done using a pilot hole . By this method an approximate 2-inch hole shall be bored the entire length of the crossing and shall be checked for line and grade on the opposite end of the bore from the work pit. This pilot hole shall serve as the centerline of the larger diameter hole to be bored . Other methods of maintaining line and grade on the casing may be approved if acceptable · to the Engineer. Excavated material shall be placed near the top of the working pit and disposed of as required . The use of water or other fluids in connection with the boring operation w ill be permitted only to the extent required to lubricate cuttings . Jetting or sluicing will not be permitted. In unconsolidated soil formations , a gel-forming colloidal drilling flu id consisting of at least 10 percent of high grade carefully processed bentonite may be used to consolidate cuttings of the bit, seal the walls of the hole , and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. Allowable variation from the line and grade shall be as specified under paragraph A.2 . All vo ids between bore and outside of casing shall be pressure grouted . ASC-5 10/2 3/08 PART DA -ADDITIONAL SPECIAL CONDITIONS 4 . Installation of Carrier Pipe in Casing : a. Sanitary sewer pipe located within the encasement pipe shall be supported by "skids" or "bands" to prevent the pipe and bells from snagging on the inside of the casing , and to keep the installed line from resting on the bells . b. All skids shall be treated with a wood preservative. Skids should extend for the full length of the pipe with the exception of the bell area and spigot area necessary for assembly unless otherwise specified . c. The Contractor shall prevent over-belling the pipe while installing it through the casing . A method of restrict ing the movement between the assembled bell and spigot where applicable sha ll be provided. d . At all bored , jacked , or tunneled installations, the annular space between the carrier pipe and casing shall be filled with grout. Care must be taken that not too much water is forced into the casing so as not to float the pipe . The backfill material will not be required unless specified on the plans and specified by the Eng ineer. e. Closure of the casing after the pipe has been installed shall be plugged at the ends of the casing as shown on the drawings or as required by the Engineer. 5. Boring and Jacking Ductile Iron Pipe without Casing Pipe: a. As indicated on drawings and as required and directed by the Eng ineer sewer shall be constructed of bore and jacked ductile iron pipe . b. When a casing pipe is not designated on the drawings, the contractor shall provide a casing pipe if necessary to ach ieve line and grade. Casing pipe shall be provided at no additional cost and shall be subsidiary to the cost bid for installation By Other than Open Cut. c . Bore and jack in accordance with paragraph C.3. above . d . Short length of sewer consisting of a single pipe section may be installed by jacking without a bore ho le if permitted by the Engineer and in soft soil layer. All voids outside of installed pipe shall be pressure grouted . 6. Tunneling : Where the characteristics of the soil , the size of the proposed pipe , or the use of monolithic sewer would make the use of tunneling more satisfactory than jacking or boring , or when shown on the plans, a tunneling method may be used , with the approval of the Engineer or railroad/highway officials . a . When tunneling is permitted , the lining of the tunnel shall be of sufficient strength of support the overburden . The Contractor shall submit the proposed liner method to the Engineer for approval. The tunnel liner des ign shall bear the seal of a licensed professional engineer in the State ASC-6 PART DA -ADDITIONAL SPECIAL CONDITIONS of Texas. Approval by the Engineer shall not re lieve the Contractor of the responsibility for the adequacy of the liner method . b. The space between the tunnel liner and the limits of excavation shall be pressure grouted or mud-jacked . c. Access holes for placing concrete shall be space at maximum intervals of 10 feet. D. MEASUREMENT AND PAYMENT: Installation of pipe by other than open cut will be measured by the linear foot of pipe, complete in place . Such measurement will be made between the ends of the pipe along the central axis as installed. The work performed and materials furnished as prescribed by this item will be paid for at the Contract Unit Price bid per linear foot for Pipe Installed by Other Than Open Cut of the type, size, and class of pipe specified as shown on plans . The furnishing of all materials , pipe , liner materials required for installation , for all preparation, hauling and installing of same , and for all labor, tools, equipment and incidentals necessary to complete the work, including excavation, backfilling and disposal of surplus material shall be included in the Contract Unit Price as shown in the Bid Proposal. Payment shall not include pavement replacement, which if required, shall be paid separately. DA-7 TYPE OF CASING PIPE 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E 1-15, E 1-5 and E 1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows : A. For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sect ions in AWWA C-203. B . Touch-up after fie ld welds shall provide coating equal to those specified above. C. Minimum thickness for casing pipe used shall be 0 .375 inch . Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company, Advanced Products and Systems , Inc., or an approved equal shall be used on all non- concrete pipes when installed in casing . Installation shall be as recommended by the manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents . 3 . PAYMENT: 10123/08 ASC-7 PART DA -ADDITIONAL SPECIAL CONDITIONS Payment for all materials, labor, equipment, excavation , concrete grout, backfill , and incidental work shall be included in the unit price bid per foot. DA-8 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR -OMIT DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION -OMIT DA-10 MANHOLE REHABILITATION-OMIT DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION-OMIT DA-12 INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM -OMIT DA-13 INTERIOR MANHOLE COATING-QUADEX SYSTEM-OMIT DA-14 INTERIOR MANHOLE COATING-SPRAY WALL SYSTEM-OMIT DA-15 INTERIOR MANHOLE. COATING-RAVEN LINING SYSTEM -OMIT DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINER-OMIT DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM -OMIT DA-18 RIGID FIBERGLASS MANHOLE LINERS -OMIT DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION-OMIT DA-20 PRESSURE GROUTING -OMIT DA-21 VACUUM TESTING OF REHABILITATED MANHOLES-OMIT DA-22 FIBERGLASS MANHOLES -OMIT DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES-OMIT DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER-OMIT DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS -OMIT DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE-OMIT DA-27 GRADED CRUSHED STONES -OMIT DA-28 WEDGE MILLING 2" TO O" DEPTH 5.0' WIDE -OMIT DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX)-OMIT DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER-OMIT 10/23108 ASC-8 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-32 NEW 7" CONCRETE VALLEY GUTTER-OMIT DA-33 NEW 4" STANDARD WHEELCHAIR RAMP -OMIT DA-34 8" PAVEMENT PULVERIZATION-OMIT DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT)-OMIT DA-36 RAISED PAVEMENT MARKERS-OMIT DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING A. GENERAL: 10123/08 Where known by the design engineer, the locations of potentially petroleum contam inated materia l (soil) that may be encountered during excavation and/or construction activities will be shown on the plans . For all locations where material is excavated and suspected of being contaminated with petroleum products , whether known or not , these special conditions are to be followed . The contractor is also to follow all applicable Federal. State and Local regulations when handling known or suspect contaminated materials (soils). 1. WORK INCLUDED a. Excavation , stockpiling and testing of Potentially Petro leum Contaminated Material. b. Removal , testing , and disposal of petroleum contaminated groundwater. c. Obtaining and paying for required permits . d. Hiring of qualifi ed environmental professional consultant(s). Contractor will be required to submit the environmental consultant's experience and qualifications to the City pr ior to beginning work in areas of Potentially Petroleum Contaminated Material. e. Hiring of qual ified environmental sampling professionals that will collect and submit samples to the applicable City of Fort Worth testing laboratory. The City of Fort Worth 's Department of Environmental Management for coordination of laboratory . testing. 2. REFERENCES a. All applicable OSHA regulatory requirements. b. All applicab le Env ironmenta l Protection Agency (EPA) regulatory requirements . c. All appl icable State of Texas regulatory requirements . d. All applicable City of Fort Worth (City) regulatory requirements . e. All appl icable NIOSH standards. f . All applicable TNRCC requirements . ASC-9 PART DA -ADDITIONAL SPECIAL CONDITIONS 3. SU BM ITT ALS a. The contractor shall prepare and submit to the City 's Department of Environmental Management, Senior Specialist in Compliance, plans for handling Potentially Petroleum Contaminated Material (PPCM) not less than 30 days prior to commencing excavation . b. The Contractor shall take necessary precautions while performing this project. Contractor shall not commence PPCM work (1) Contractor's submittal for dealing with PPCM is reviewed by the City and (2) the plans (i.e ., drawing and description) for discharging any treated liquid into the storm sewer or sanitary sewer are reviewed by the City (3) and acceptable stockpile area is identified by the Contractor. c. Contractor shall submit the name of his proposed qualified environmental professional consultant(s) and proposed PPCM Handling Plan to the City. The PPCM Handling Plan shall include the detailed sequence of construction including proposed excavation and handling methods, proposed carriers for contaminated materials, waste disposal site, and a list of any permits that may be required for PPCM handling or contaminated materials disposal. The above data must be compiled and arranged in a format that is acceptable to the Texas Natural Resource Conservation Commission (TNRCC). d. Contractor shall submit actual limits of PPCM excavation, as prepared by his qualified environmental consultant(s) and testing lab . e. Contractor shall submit for review the proposed carrier pipe material to be used with the actual limits of PPCM excavation, including pipe gasket and carrier pipe coating or liner. B. PRODUCTS : 1. PIPE GASKET MATERIAL. Materials used within the actual limits of PPCM excavation, including pipe gaskets , shall be resistant to petroleum hydrocarbon deterioration. C. EXECUTION: 10/23108 1 . POTENTIALLY PETROLEUM CONTAMINATED AREAS a. Areas suspected of having petroleum contaminated material (soils) are shown in on the engineering drawings. b. In areas other than those noted on the plans and where potentially petroleum contaminated materials are either detected or suspected , the City of Fort Worth and the Engineer should be notified immediately and the work should proceed in accordance with this section . 2. SCREENING POTENTIALLY PETROLEUM CONTAMINATED AREAS ASC-10 10/23108 PART DA -ADDITIONAL SPECIAL CONDITIONS a. Care should be taken during all excavation and dewatering activities to identify areas potentially contaminated by petroleum . b. When a petroleum odor is encountered during excavation or when there is visual evidence of potentially petroleum contaminated soil , the Contractor shall notify the Engineer without delay . c. The Contractor shall have retained the services of an environmental consu ltant who shall be present at the site to screen suspect so il with a photo-ion ization detector (PID) or a flame ionization detector (FID). A reading of 20 ppm above ambient conditions or greater on PID or FID tested soil sample will be considered potentially petroleum contaminated. The soul sample should be a recent sample from the excavat ion face . The sample should be stored in a laboratory supplied glass jar with a teflon gasket lined lid. The City of Fort Worth Department of Environmental Management will be notified prior to all sample collection and submittal to the current testing laboratory identified by the City. The PID or FID tests should be performed in a confined location. Soils producing a reading of less than 20 ppm above ambient will not be considered potentially petroleum contaminated . The PID or FID shall be calibrated according to manufactures instructions . d. Water encountered during excavat ion or dewatering shall be considered to be potent ially contaminated if there is a visible sheen, a hydrocarbon odor, adjacent soil that appears visually to be contaminated by hydrocarbons or at any time the Contractor has reason to believe that hydrocarbon contamination may have occurred . The Contractor shall immediately notify the City and the TNRCC whenever contam inated water is encountered . a. The Contractor shall contact the City whenever contamination from any source is suspected. 3. HANDLING POTENTIALLY PETROLEUM CONTAMINATED SOIL (PPCS) a. Contractor shall coordinate with the City to determine a suitable location for the stockpiling of contaminated so il. The following procedure shall be followed in preparing the chosen site: 1. Provide a d iked enclosure large enough to hold all material and prevent runoff. 2. The d iked area shall be lined with 20-30 mil plastic tp prevent seepage into the existing soil. 3. At the end of each work day, Contractor shall completely cover stockpile with 20 mil plastic . During the day , the Contractor shall keep the stockpile covered, as necessary, to prevent release of contaminated materials due to rain or wind. 4 . Samp ling and evaluation of materials will be performed at the Contractor's expense . (The City of Fort Worth will provide laboratory services) b. PPCS shall be handled , tested , observing all standard chain-of-custody procedures and sampling preservation and analyses shall conform to published and recognized standards . ASC-11 10/23/08 PART DA -ADDITIONAL SPECIAL CONDITIONS c. The stockpiled PPCS shall be sampled and tested every 50 cubic yards for Total Petroleum Hydrocarbons (TPH) (TX1005) and Benzene, Toulene , Ethylbenzene and Xylene (BTEX) (EPA 8020). All test results will be forwarded to the City of Fort Worth Department of Environmental Management. d. Contaminated soil iden t ified by test results will be disposed of according to DA-36 , Loading , Transportation , and Disposal of Contaminated Soil. e. It is the intent of the City of Fort Worth that uncontaminated soils be utilized as backfill material , if the soils also meet the Type C or B backfill classifications . 4 . HANDLING POTENTIALLY PETROLEUM CONTAMINATED WATER (PPCW) a. Water pumped from the excavation or from dewatering activities that has an oily sheen, a hydrocarbon odor, or is otherwise suspect, shall be considered potentially petroleum contaminated . b. PPCW shall be handled, tested, and discharged in accordance with the TNRCC 's appropriate state regulation . PPCW shall be tested no later than 15 days prior to extraction . PPCW shall , if necessary , be treated in an appropriately sized oil/water separator, air stripper or GAC canisters . Contractor shall have his testing laboratory determine that the oil/water separator treated discharge is within the limits established by the TNRCC 's regulations before being allowed to discharge (discharge to sanitary sewer). Contractor shall be respons ible for furnishing the effluent test reports to the City . c. Alternatively, the Contractor may dispose of contaminated water, after appropriate pretreatment , into the sanitary sewer collection system . It shall be the responsibility of the Contractor to obtain the necessary permit(s) and to perform all testing required by the City of Fort Worth Pretreatment Services Division . d. All treated water shall be discharged into a Contractor supplied Frac Tank , sampled , and analyzed before discharge into the sewer system . e. The product that is recovered shall be disposed of in accordance with all applicable regulations. Any phase separate product recovered from the oil/water separator and · air stripper shall be transported in accordance with Department of Transportation rules and regulations fo r flammable products. When transporting product for disposa l, transportation shall also be performed by a licensed carr ier. The Contractor is responsible for proper manifesting of the material from the site to the waste disposal facility. Completed Manifests shall be returned to the C ity Department of Environmental Management within 90 days of shipment. 5. HANDLING VAPOR CONCENTRATIONS a. In order to maintain safe work ing conditions , the vapor concentrations should not exceed 20 percent of the Lower Explosive Limit (LEL). During construction, measures should be taken to maintain LEL levels below 20 percent in all working areas . ASC-12 PART DA -ADDITIONAL SPECIAL CONDITIONS b. To monitor vapor levels and oxygen levels a combustible gas indicator (CGI) with a LEU02 meter should continuously operate in the working area. The CGI should be properly cal ibrated and should have an alarm that sounds if 20 percent LEL is reached. Monitoring data from the GCI should be recorded periodically to determine if ventilation or other methods are effective . In the event local health and safety agencies require more stringent monitoring, the local regulations must be implemented. D. MEASUREMENT AND PAYMENT: Payment for handling PPCS, PPCW and Vapor Concentrations, obtaining and paying for any permits required, hiring the services of a qualified professional environmental consu ltant(s}, environmental issues , stockpiling and all issues included and incidental to this section will be full compensation for all labor, equipment, materials , and supervision. Measurement and Payment for this section will be per linear foot of trench excavated where the excavated material is handled as a contaminated material. No separate payment will be made for handling of contaminated water, vapor concentrations, sampling, stockpiling, etc. DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL A. GENERAL: This item has been established for the loading, transportation and disposal of contaminated soils in a State of Texas approved disposal site (landfill) to handle special wastes (petroleum contaminated soils). A bid item has been established in the proposal for the proper loading, transportation and disposal of the material to a designated site and the quantity established is the engineers best estimate of the quantity that may be removed. This quantity may vary depending upon actual conditions and testing results . The unit price bid will not be increased regardless of the actual amount of material disposed and may be decreased if a larger volume of material , than that listed in the bid proposal, results in a unit cost reduction for disposal. B. WASTE MANIFESTS: 10123/08 Any and all non-hazardous liquid and petroleum substance waste removed from the site of generation and transported for treatment and/or disposal must be accompanied by a waste shipment record/manifest detailing required generator, transported, destination and waste description information . These results may not be uniform throughout the entire site . For all petroleum substance waste , the waste shipment record utilized shall be the TNRCC PETROLEUM-SUBSTANCE WASTE AFFIDAVIT (Form TWC-0332). The Contractor shall be responsible for obtaining , originating and maintaining manifests in accordance with federal and state laws . The Contractor shall sign the manifests forms as Independent Contractor to the Owner. AUTHORIZATION OF PAYMENT FOR REMOVAL TRANSPORT AND TREATMENT / DISPOSAL OF WASTES IN CONTINGENT UPON RECEIPT BY THE ENGINEER OF FULLY COMPLETED AND SIGNED MANIFEST FORMS that are in agreement with regard to the type and amount of waste removed from the site and received by the treatment/disposal facility . The Contractor shall immediately resolve any manifest d iscrepancies . Completed Manifests ASC-13 PART DA -ADDITIONAL SPECIAL CONDITIONS shall be returned to the City Department of Environmental Management within 90 days of shipment. C. MEASUREMENT AND PAYMENT: Payment for this item shall be made per in place cubic yard of contaminated soils that are loaded , transported and disposed of in an approved special disposal site. No separate payment will be made for loading, transportation and disposal of contaminated ground waters collected; these costs considered subsidiary to DA-37 , POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING . The proposed landfill shall be included in the Contractor's bid submittal and approved by the City of Fort Worth Department of Environmental Management prior to contract award. Contractor shall be responsible for all landfill costs, including, but not limited to landfill fees, transportation costs and landfill operator requested analytical testing and waste characterization. DA-39 ROCK RIPRAP -GROUT -FILTER FABRIC -OMIT . DA-40 CONCRETE RIPRAP -OMIT DA-41 CONCRETE CYLINDER PIPE AND FITTINGS -OMIT DA-42 CONCRETE PIPE FITTINGS AND SPECIALS -OMIT DA-43 UNCLASSIFIED STREET EXCAVATION-OMIT DA-44 6" PE RF ORA TED PIPE SUBDRAIN -OMIT DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS -OMIT DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION -OMIT DA-47 PAVEMENT REPAIR IN PARKING AREA-OMIT DA-48 EASEMENTS AND PERMITS Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto . Any easements and/or permits, both temporary and permanent, that have not been obtained by the time of publ ication 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 . 10/23108 ASC-14 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-49 HIGHWAY REQUIREMENTS The Texas Department of Transportation requirements pertaining to the construction of this project are enclosed herein and made part of these specifications . DA-50 CONCRETE ENCASEMENT -OMIT DA-51 CONNECTION TO EXISTING STRUCTURES -OMIT DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION-OMIT DA-53 OPEN FIRE LINE INSTALLATIONS-OMIT DA-54 WATER SAMPLE STATION-OMIT DA-55 CURB ON CONCRETE PAVEMENT -OMIT DA-56 SHOP DRAWINGS 1. Submit seven (7) copies of shop drawings, layouts , manufacturer's data and materia l schedules as may be requ ired by the Eng ineer for his rev iew. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information g iven in the General Contract Documents . Indicated actions by the Enginee r, 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 rel ieve the Contractor of responsibility for errors or omissions in the subm itted 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 , wh ich 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 t he submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form . 2 . Shop drawings shall be submitted for the following items prior to installation : List the required submittals here Additional shop drawing requ irements are described in some of the material specifications . 3. Address for Submittals -The submittals shall be addressed to the Project Manager: 1012 310s ASC-15 PART DA -ADDITIONAL SPECIAL CONDITIONS David Cooper P.E. City of Fort Worth 1000 Throckmorton Fort Worth , TX 76102 DA-57 COST BREAKDOWN -OMIT DA-58 STANDARD STREET SPECIFICATIONS H.M .A.C. OVERLAY-OMIT DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP -OMIT DA-60 ASPHALT DRIVEWAY REPAIR -OMIT DA-61 TOP SOIL Where directed by the Engineer, top soil shall be applied in accordance with the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction , Item 116 , except as follows : All labor, equ ipment , tools and incidentals shall be included in the square yard bid price for the top soil. DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT Th is item shall include raising or lowering an existing meter box to the parkway grade specified No payment will be made for adjusting existing boxes which are within 1 foot vertical and 3 foot horizontal feet of specified parkway grade . The unit price bid shall be full and sufficient payment for all labor, equipment and materials used in the adjustment of the meter box . DA-63 BID QUANTITIES Bid quantities of the various items in the proposal are for compar ison 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 prov ision , this provision controls . No claim will be cons idered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities . In part icular, the Contractor shall be aware that it is the City 's intention that the quantities in Unit I be used on an "emergency " basis only . Total quantit ies given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $200 ,000 (see Options to Renew) shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be not limit on the variation between the estimated quant it ies 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 . 10123/08 ASC-16 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-64 WORK IN HIGHWAY RIGHT OF WAY When the Engineer directs the Contractor to perform work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (Tex-Dot), the Contractor shall obtain approval from the Texas Department of Transportation prior to commencing any work therein. All work performed in the Tex-Dot right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation and Item E2-29.1 "Construction Within Highway Right-of-Way" of the General Contract Documents and Specifications, effective July 1, 1978 , as amended. DA-65 CRUSHED LIMESTONE (FLEX-BASE) -OMIT DA-66 OPTION TO RENEW -OMIT DA-67 NON-EXCLUSIVE CONTRACT -OMIT DA-68 CONCRETE VALLEY GUTTER-OMIT DA-69 TRAFFIC BUTTONS -OMIT DA-70 PAVEMENT STRIPING -OMIT DA-71 H.M.A.C. TESTING PROCEDURES -OMIT DA-72 SPECIFICATION REFERENCES When reference is made in these specifications to a particular ASTM , AWWA, ANSI or other specification , it shall be understood that the latest revis ion of such specification , prior to the date of these general specifications or revisions thereof, shall app ly. DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX-OMIT DA-74 RESILIENT-SEATED GATE VALVES Any res ilient-seated gate valves supp li ed for this contract shall conform to Material Standard E1-26 , STANDARD SPECIFICATIONS FOR RESILIENT-SEATED GATE VALVES , with the except ion of size requirements in sections E-26.1 . All resilient-seated gate valves shall be mechanical joints and be approved on the City of Fort Worth Standard Product List. DA-75 EMERGENCY SITUATION, JOB MOVE-IN -OMIT DA-76 1 %" & 2" COPPER SERVICES The following is an addendum to E1-17 , Copper Water Service Lines and Copper Alloy Couplings : All fittings used for 1 %" and 2" water services lines shall be compress ion fittings of the type produced with an internal "gripper ring " as manufactured by the Ford Meter Box Co., Inc., Mueller 1012310 8 ASC-17 PART DA -ADDITIONAL SPECIAL CONDITIONS Company, or approved equa l. Approved equal products shall submit shop drawings and manufacturer's catalog information for approval. Contractor shall make all cuts to the copper tub ing with a copper tubing cutter tool specifically designed for this purpose in order to provide a clean, square cut. The use of hacksaws or any other type of cutter will not be allowed. Prior to installing the compression fittings, the copper tub ing will be made round by the use of a "rounding tube" specifically made for that purpose . Payment for all work and materials associated with 1 % " and 2 " copper services shall be included in the price of the appropriate bid item . DA-77 SCOPE OF WORK (UTIL. CUT) -OMIT DA-78 CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT) -OMIT DA-79 CONTRACT TIME (UTIL. CUT) -OMIT DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) -OMIT DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) -OMIT DA-82 LIQUIDATED DAMAGES (Ulll. CUT) -OMIT DA-83 PAVING REPAIR EDGES (UTIL. CUT)-OMIT DA-84 TRENCH BACKFILL (UTIL. CUT) -OMIT DA-85 CLEAN-UP (UTIL. CUT) -OMIT DA-86 PROPERTY ACCESS (UTIL. CUT) -OMIT DA-87 SUBMISSION OF BIDS (UTIL. CUT) -OMIT DA-88 STANDARD BASE REPAIR FCR UNIT I (UTIL. CUT) -OMIT DA-89 CONCRETE BASE REPAIR FOR UNIT 11 & UNIT Ill (UTIL. CUT) -OMIT DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT)-OMIT DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT)-OMIT DA-92 MAINTENANCE BOND (UTIL. CUT) -OMIT DA-93 BRICK PAVEMENT (UTIL. CUT) -OMIT DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT)-OMIT 10/23108 ASC-18 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT)-OMIT DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) -OMIT DA-97 "QUICK-SET" CONCRETE (UTIL. CUT) -OMIT DA-98 UTILITY ADJUSTMENT (UTIL. CUT) -OMIT DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT)-OMIT DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT)-OMIT DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT)-OMIT DA-102 PAYMENT (UTIL. CUT) -OMIT DA-103 DEHOLES (MISC. EXT.) -OMIT DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.)-OMIT DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.)-OMIT DA-106 BID QUANTITIES (MISC. EXT.) -OMIT DA-107 LIFE OF CONTRACT (MISC. EXT .)-OMIT DA-108 FLOWABLE FILL (MISC. EXT.) -OMIT DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.)-OMIT DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.)-OMIT DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) -OMIT DA-112 MOVE IN CHARGES (MISC. REPL.) -OMIT DA-113 PROJECT SIGNS (MISC. REPL.) -OMIT DA-114 LIQUIDATED DAMAGES (MISC. REPL.)-OMIT DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) -OMIT DA-116 FIELD OFFICE -OMIT DA-117 TRAFFIC CONTROL PLAN Traffic control sha ll be in accordance with item D-8 of the Special Conditions with the exception of the Contractor providing the traffic control plan . A traffic control plan has been prepared and is included in the project plans . All other requirements of D-8 shall apply . 10/23/08 ASC-19 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS The contractor shall coordinate his work with the work of other contractors on remaining units of this project. The contract documents indicate the starting and stopping points for each of the units of the project. The plans indicate "connecting to an existing pipeline " constructed by others and ending the line with the insta ll ation of a plug . If the start of the project cannot be connected to the previous unit, the contractor will begin his line with a plugged section of pipe. If the pipeline is constructed for the connecting unit the contractor shall connect his line with the adjoining unit in lieu of installation of a plug . Contractor w ill be paid for "connect ion " to existing line or installation of blind flanges based on the unit price bid for the water or sewer main . DA-119 CATHODIC PROTECTION SYSTEM-OMIT 10/23/08 ASC-20 �ertificate Insurance ·1 1 ·1 I 1 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 CO.)lerage for all of its employees employed on City of Fort Worth Project No. 00 f t6 . STATE OF TEXAS COUNTY OF TARRANT § § § CQNTRACTOR".?-::::-J.n !!:' t-Lfi ~ITT~.<.LJ.J.DO ua. By,~ Cl Name: l:zrrytf . ~ Title: President of JCI Pstners. Inc., General Partner Date: ~ }r;;tq/ / J I I , the undersigned authority, on this day personally appeared f~!l..L~..h.!!..&~~[LJL, known to me to be the person whose name is subscribed to the for oing in~nd~~ to ~ tl}at he executed the same as the ad and deed of~ ~G1c)>)JJ.t:da for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this(X%.y of d~ . 20 ...... I ~I _. ,,,,~~~'tW"'• LISA RAULSTON Qol'~~···· '\/\ Notary Public. Stete of :e. xas ~. ..~1 My Comrnlsaion Expires ..... ,, ,,~ Septtmber 16, 2013 lttn,1\\ . Rev4-1~10 THE STATE OF TEXAS COUNTY OF TARRANT PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS: Bond #1977465 That we, (1) JACKSON CONSTRUCTION LTD. , as Principal herein, and (2) __ The Hanover Insurance Company a corporation organized under the laws of the Stateof(3) New Hampshire , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and frrtnty bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Six Hundred Twelve Thousand and Fifty Three Dollars ($612,053.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Princ·pal has entered into a certain written contract with the Obligee dated JUL 1 2011 the __ day of 2011 a copy of which is attached hereto and made a part hereof for all purposes, for the construction of: Water Rehabilitation Contract LXIX (69) Part 4 NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal' s default, and reimburse and repay Ob Ii gee 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 WTINESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this ___ day of __ '_JU_L_1_9_2_0_11 __ __, 20~. Jackson Constrnction, Ltd. ATIEST: ( ~~(fvv Pncipal)Setary Name: Larry H. Jackson, President of Title: JCI Partners, Inc., General Partner Address: 5112 Sun Valley Drive (SEAL} Fort Worth. TX 76119 ~~J~ s ~rincif)ai' NOTE: (1) (2) (3) Name: Jack M. Crowley Attorney· in Fact Address:15305 North Dallas Pkwy. #1100 Addison, TX 75001 Telephone Number: 972-385-9800 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE HANOVER INSURANCE COMPANY MASSACHUSE1TS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW All MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint STEVEN R. FOSfER, JACK M. CROWLEY, PATRICIA A. SMITH, MARIE PERRYJ\fAN of Dallas, TX and "ach is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and oeed any place within •. ,e United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and. No/100 ($10,000,000) in any single Instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and· acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obliga tory in the nature thereof, with power to attach thereto the seal of the Company . Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance Compan y; Adopted April 14, 1982-Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETIS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 12th day of July , 201 o. THE COMMONWEAL TH OF MASSACHUSETIS ) COUNTY OF WORCESTER ) ss. On this 12th day of July , 2010 before me came the above named Vice President and Assistant Vice President of T_he Hanover Insurance Company , Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as o fficers were duly affixed and subscribed to said instrument by the authority and d irection of said Corporations. y')· ~ /J ..._ o:,,/ ,, /} I x(;fat'~4 U,, ,_.YJa,1r0;a&- No!ary Public My commission expires on November 3 , 2011 I, th e undersigned Assis tant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Origi nal Power of Attorney issued by said Companies , and do hereby further certify that the said Powers of Attorn ey are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all sig natures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile ." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) · '.!UL day of 9 2011 , 20 GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this THE STATE OF TEXAS COUNlY OF TARRANT PAYMENT BOND § § § KNOW ALL BY THESE PRESENTS: That we, (1), JACKSON CONSTRUCTION LTD. as Principal herein, and (2) __ _ The Hanover Insurance Company , a corporation organized and existing under the laws of the State of (3) New Hampshire , as surety, are held and finnly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Tex as, Obligee herein, in the amount of Six Hundred Twelve Thousand and Fifty Three Dollars ($612,053.00} for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written cont ract with the Obligee f JUL l 9 2011 . . dated the __ day of , 20.!!_, which contract 1s hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Water Rehabilitation Contract LXIX (69) Part 4 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; othezwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is e x ecuted pUTsuant 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. Bond 1977465 SIGNED and SEALED this ___ day of __ 1J_U_L_l _9_2_0_11 ___ , 20...!.!.._. Jackson Construction, Ltd. AITEST: PRI ~ ~L~ (Pricipal)Secr By:~~~ Name:Larry H. Jackson, President of Title: JCI Partners, Inc., General Partner Address : 5112 Sun Valley Drive (SE AL) ~~I~ Fort Worth, TX 76119 ~siistorincipal NOTE: (1) (2) (3) The Hanover Insurance Compa SURE Nam : Jack M. Crowley Attorney in Fact Address: 15305 North Dallas Pkwy., #1100 Addison, TX 75001 _ ...,. -' " -----------"'-----" Telephone Number: 972-385-9800-- Correct name of Principal {Contractor). Correct name of Surety. State of incorporati on of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint STEVEN R. FOSfER, JACK M. CROWLEY, PATRICIA A. SMITH, MARIE PERRYMAN of Dallas, TX and <>ach is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and aeed any place within , ,e United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertaki ngs, contracts of indemnity or other writings obligatory in the nature thereof, as follows : Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents . These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies wh ich resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts , to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company . Any such writings so executed by such Attorneys-in -fact shall be as bind ing upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons ." (Adopted October 7, 1981 • The Hanover Insurance Company; Adopted April 14 , 1982 -Massachusetts Bay Insurance Company ; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, th is 12th day of July, 2010. THE COMMONWEAL TH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss . On th is 12th day of July , 2010 before me came the above named Vice President and Assistant Vice President of The Hanov.er Insurance Company , Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America , respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. U"'?-,,,:;A ~ ~ A /? ' ~7/J d; h ,6 -,pr:lfR'l--ef7:Zdk& u.. "YJ~~ No!af'/ Public My commission expires on November 3, 2011 I, the unders igned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the sa id Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 • The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 · Citizens Insurance Company of America) · '.J JL 1 9 70 dayo , 20 GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this THE STATE OF TEXAS COUNTY OF TARRANT § § § Bond #1977465 MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: JACKSON CONSTRUCTION LTD. ("Contractor"), as principal, and, The Hanover Insurance Company a corporation orgahized under the laws of the State of New Hampshire , ("Surety,.), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City'1 in Tarrant County, Texas, the sum of Six Hundred Twelve Thousand and Fifty Three Dollars ($612,053.00) , lawful money of the United States , for payment of which sum well and truly be made unto said City and its successors, sa id 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 w ith the City of Fort Worth , dated the __ of ',JUL 1 9 2011 , 20!!_, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Water Rehabilitation Contract LXIX (69) Part 4 the same being referred to herein and in said contract as the Work. and being designated as project number(s) Water P253~5170091583 and saict contract, including all of the specifications, conditions , addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and , WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work. by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said tenn of Two (2) years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period , if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and , WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided ; NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these· presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted . IN WITNESS WHEREOF, this instrument is executed in.~_8 __ counterparts, each of which shall be deemed an original, this_ day of fJUL ZOll , A.D. 20..!!_. ATTEST: (SEAL) ~:t~ Scretary Jackson Construction, Ltd. Contractor ::611:±::::.t of Title: JCI Partners, Inc., General Partner The Hanov er Insurance Company Surety(1 ::me~~ Title: Attorney-in-Fact 15305 North Dallas Parkway #1100 Addison. TX 75001 Address THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint STEVEN R. FOSfER, JACK M. CROWLEY, PATRICIA A. SMITH, MARIE PERRYMAN of Dallas, TX and "ach is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and oeed any place within •. ,e United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations In the United States, not to exceed Ten Million and Nof100 ($10,000,000) in any single Instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and· acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach ttiereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons ." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice Pres ident and an Assistant Vice President, this 12th day of July, 2010 . THE COMMONWEAL TH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 12th day of July , 2010 before me came the above named Vice President and Assistant Vice President of T_he Hanover Insurance Company , Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respect ively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations . .. "'7 ~ /) ' (t,/ ~ ,,1~ . I )&d@Az,{,)4 U., ,,_..YJadW;a&- No!ary Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full , true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto , granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile ." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) · ',J LJ L l 9 / O J , GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of , 20 FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1-800-999-9239 PARA INFORMACION, 0 PARA HACER UNA QU.EJA, HABLE: 1-800-999-9239 COMPLAINT NOTICE -TEXAS Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the company that issued the policy, bond or certificate. If the problem is not resolved, you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091. FAX# (512) 475-1771. This notice of complaint procedure is for information only and does not become a part or condition of this policy, bond or certificate. 231-1314 TX (9-91) Contract THE STATE OF TEXAS CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the I a~ f l 9 2011 A.D ., 2011, by and between the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and Jackson Construction LTD Owner and Contractor may be referred to herein individally as a "Party" or collectively as the "Parties ." WITNESSETH: That said parties have agreed as follows : 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows : Water Rehabilitation Contract LXIX (69) Part 4 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools , appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Water Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein . 3. The Contractor hereb y agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Water (Engineering) of the City of Fort Worth . 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 180 Calender days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions , there shall be deducted from an y monies due or which may thereafter become due him, the sum of $315. 00 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency . 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing , setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City 's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees , from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents , employees, subcontractors, licensees or invitees , whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to in_dewJJify 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, sen1ants or employees .. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor 's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7 . The Contractor agrees , upon the execution of this Contractor, and before beginning work, to make , execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptable to the requirements of the Chapter 2253 of the Texas Government Code, as Amended . A. If the total contract price is $25 ,000 or less , payment to the contractor shall be made in one lump sum . Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted b y the Owner. B . [f the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of the claimants supplying labor and material in the prosecution of the work. C [f 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 protecti~n of the Owner. D. A T wo-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 f Documents. ' 8 . The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for-all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by Contractor and accepted by the Owner and receipt of invoice from the Contractor. Tne agreed upon total Contract amount (includ ing/excluding) a lternates "n/a" shall be Six Hundred Twelve Thousand and Fifty Three Dollars, ($612.053.00). 9. It is further agreed that the performance of this Contract, either in whole or in part. .shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Engineering Department. . · 10 . The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties he reto with references to the existing Charter and Ordinances of t he City of Fort Worth and the laws of the Stat e of Texas with references to and governing all matte rs affecting this Contract, and the Contrac tor agrees t o ful ly co mp ly wit h all th e provisions of the same. IN WITNES S TIIBREOF, the City of Fort Worth has caused this instrument to be signed in 1!_ counterparts in its name and on its behalf b y th e City Manager and attes ted by its Secre tary, with the corpo rate s eal of th e City of Fort Worth attached. The Con tra ctor has executed thi s in strument through its dul y au th o rized officers in~ counterparts with its corporate seal attached. . . ,JUL I 9 2011 Done m Fort Worth, Texas , this the_ day of A.D ., __ _ DIRECTOR, DEPARTMENT OF WATER CONTRACTOR PrPc:irlPnt nf JCI Partners, Inc., Generli Pamer TITLE 51\~ ~Voll~~,ve Fdt lfil'ib..,T~ 70l lQ ADDRESS CITY OF FORT WORTH FERNANDO COSTA, ASST CITY MANAGER ATTEST: APPROVED AS TO FORM AND LEGALITY : WATER REHABILITATION CONTRACT 69 -PART 4 Parcel# 1 Doe# 6171 5300 Martin Street, Fort Worth Lot 1, Blk 1, Southeastern Freight Lines Fort Worth Addition STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS DATE : GRANTOR: CITY OF FORT WORTH PERMANENT WATER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT 4-21-2010 SOUTHEASTERN FREIGHT LINES INC. GRANTOR'S MAILING ADDRESS (including County): 420 DAVEGA DRIVE LEXINGTON, LEXINGTON COUNTY, SC 29073-7485 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THORCKMORTON 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 1 Block 1, Southeastern Freight Line Fort Worth Addition, City of Fort Worth, Tarrant County, Texas, as recorded in, Cabinet A, Slide 10186, Plat Records, Tarrant County, Texas, and being more partlcularty described in Exhibits "A" "B" and "C". Grantor, for the Consideration paid to Granter 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 Water Main Facility, hereafter referred to as "Facility". The Facility includes all PERMANENT WATER FACIUTY EASEMENT /IND TEMPORARY CONSTRUCTION EASEMElfl R.-.,. Oll/100!I incidental underground and aboveground attachments, equipment and appurtenances , including, but not limited to manholes , pipelines, junction boxes , inlets, flumes, headwalls , wingwalls , slope pavement. gabions, rock rip-rap, drop structures and access ramps , and other erosion control measures in, upon, under and across a portion of the Property and more fully described in Exhibits ·A· and ·s·. attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property , or any part thereof, for the purpose of constructing , operating, maintaining, replacing, upgrading, and repairing said Facility; and a temporary construction easement, as described in Exhibits ·c· and "D", attached hereto and made a part hereof, to use in connection with the construction of said Facility , said temporary construction easement to expire upon completion of construction and acceptance by Grantee of said Facility. In no event shall Granter (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit, or any structure not requiring a building permit but which may threaten the structural integrity or capacity of the storm drain and its appurtenances. Granter shall be permitted to maintain any existing concrete driveways, or roads on the property or be allowed the installation of new driveways or roads across the easements. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks , driveways , or similar surface improvements located upon or adjacent to the Easement which may have been removed, relocated, altered. damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder provided , however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described permanent easement, together with all and singular the rights and appurtenances thereto in 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 by , through , or under Granter. TO HAVE AND TO HOLD the above described temporary construction easement, together with, all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee 's successors and assigns until the completion of construction and acceptance by Grantee. Granter hereby bind themselves , their heirs, successors, and assigns, to warrant and defend, all and singular, said easement unto Grantee , its successors and assigns, against every person whomsoever lawfully claiming or to claim the same , or any part thereof by, through, or under Granter. This easement is executed by Grantor. and accepted by Grantee subject to any encumbrances or rights of third part ies shown in the real Property Records of Tarrant County . When the context requ ires . singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] PER MANENT DRA INAGE FACILrfY EASEME"'1' ANO TEMPORARY CO NSTRUCTION EASEMEr..f GRANTOR: 5 • ...11, C+&,.t :..,~ STATE OF 1'eXAS , § )..,4.'f,•'\c/-,4 COUNTY OF fARR,tctff § GRANTEE: City of Fort Worth s .. : .1.CL- Fernando Costa Assistant City Manager . stant City Attorney ACKNOWLEDGEMENT BEFORE ME, the undersigned a Public in and for the State of Texas, on this day personally appeared ___ _._..-'--"-----+--"'---' known to me to be the same person whose name is subscri :?J2. . and acknowledged to me that the same was the act of • • and that he/she executed the same as the ad of said i c;.c. c for the purposes and consideration therein expressed and in the capacity therein stated. °'\ o-+ GIVEN UNDER MY HAND ANO SEAL OF OFFICE this __ ,.. ___ day of PERMAHEl'IT WATER FACILITY EASEMEl'IT ANO TEMPORARY CONSTRUCTION EASEMENT Rev. oenooe 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 subsaibed 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 th is 0d day of . 20/() . EVONIA OAMaS MY COMMISSION EXPIRES Ju'f 10,2013 PERMANENT WATER FA CI LITY EASEMENT AND TEMPORARY CONSTRUCTIO N EASEMENT Rev 00/20 08 EXHIBIT "A" Being a variable width strip of land situated in Lot 1, Block 1, Southeastern Freight Lines Fort Worth Addition , being an addition to the City of Fort Worth , Tarrant County, Texas accord ing to the plat thereof recorded in Cabinet A, Slide 10186, Plat Records , Tarrant County, Texas and being a portion of that same tract of land conveyed to SOUTHEASTERN FREIGHT LINES, INC. by warranty deed as recorded in Tarrant County Clerk 's Instrument No . 0205009040, Deed Records of Tarrant County, Texas (D .R.T .C.T .), said variable width strip being a PERMENENT WATER FACILITY EASEMENT and being herein more described by metes and bounds as follows: BEGINNING at a point on the north property line of the sa id Lot 1, said beg inning point being located South 88°36'44" West a distance of 71 .45 feet from the north end of a right- of-way comer clip found at the northeast property comer of the said Lot 1, said beginning point also being on the south right-of-way line of Martin Street, being a variable width right- of-way, said beginning po int also being the northwest comer of an existing 10' by 80' utility easement as shown on the said Southeastern Freight Lines Fort Worth Addition , said beginning point also being at the beginning of a curve to the right having a radius of 2,086 .83 feet ; THENCE along the west edge of the said 1 O' by 80' utility easement and in a Southerly direction along the said curve through an arc length of 10.18 feet and across a chord bearing South 12"16'13" East a distance of 10.18 feet to the southwest comer of the sa id 1 O' by 80 ' utility easemen"t, same being the northwest comer of a 15 ' by 20' utility easement as shown on the said Southeastern Freight Lines Fort Worth Addition ; THENCE South 01 °23'16" East, along the west edge of the said 15' by 20 ' utility easement, a distance of 10.00 feet to a point ; THENCE South 88°36'44" West a distance of 22 .67 feet to a point; THENCE North 01 °23 '16" West a d istance of 20 .00 feet to a point on the said north property line of Lot 1, same being the said south right-of-way line of Martin Street ; THENCE North 88°36'44" East , along the said property line and along the said right-of-way line , a distance of 20 .75 feet to the POINT OF BEGINNING containing 0.010 acres (443.8 Sq. Ft) of land more or less. P ERMANENT WATE R FA CI LITY EASEMENT ANO TEMPORARY CONSTR u cnoN EASE MENT R ev 06l200I! EXHIBIT "B" Being a variable width strip of land situated in Lot 1, Block 1, Southeastern Freight Lines Fort Worth Addition, being an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Slide 10186, Plat Records, Tarrant County, Texas (P.R.T.C.T.), and being a portion of that same tract of land conveyed to SOUTHEASTERN FREIGHT LINES, INC. by warranty deed as recorded in Tarrant County Clerk's Instrument No. (f.C.C.I. No.) D205009040, Deed Records of Tarrant County, Texas (D.R.T.C.T.), said variable width strip being a PERMENENT WATER FACILITY EASEMENT and being herein more described by metes and bounds as follows: BEGINNING at a point on the south property line of the said Lot 1, said beginning point being at the southwest comer of an existing 1 O' wide utility easement as shown on the said Lot 1, Southeastern Freight Lines Fort Worth Addition, said beginning point also being located North 67°58'46" West a distance of 10.77 feet from the southeast property comer of the said Lot 1, Southeastern Freight Lines Fort Worth Addition; THENCE North 67°58'46" West, along the said property line, a distance of 10. 77 feet to a point; THENCE North 00°15'20" East a distance of 269.23 feet to a point; THENCE North 89°31'52" West a distance of 30.00 feet to a point; THENCE North 00°15'20'' East a distance of 274.46 feet to a point; THENCE South 89°31'52" East a distance of 30.00 feet to a point; THENCE North 00°15'20H East a distance of 358.97 feet to a point at the beginning of a curve to the left having a radius of 2,146.83 feet; THENCE in a Northerly direction along the said curve through an arc length of 438 .58 feet and across a chord bearing North 05°42'11" West a distance of 437.82 feet to a point: THENCE South 88°36'44" West a distance of 42.86 feet to a point on the east edge of an existing 15' by 20' utility easement as shown on the said Southeastern Freight Lines Fort Worth Addition; THENCE North 01°23'16H West, along the said east edge of the existing 15' by 20' utility easement , a distance of 10.00 feet to a point on the south edge of an existing 10' by 80' utility easement as shown on the said Southeastern Freight Lines Fort Worth Addition ; THENCE North 88°36'44H East, along the said south edge of the 10' by 80' utility easement, a distance of 51 . 21 feet to a point on the west edge of the said existing 1 O' wide utility easement as shown on the said Southeastern Freight Lines Fort Worth Addition , said point also being at the beginning of a curve to the right having a radius of 2,156 .83 feet; PERMANEIIT WATER FACILITY EASEIIEIIT ANO TEMPOf!AAY CONSTRUCTION EASEMEi'lT Rev . 06/2008 THENCE along the said west edge of the existing 1 O' wide utility easement and in a Southerly direction along the said curve through an arc length of 449.01 feet and across a chord bearing South 05°48'50" East a distance of 448 .20 feet to a point; THENCE South 00°15'20" West, continuing along the said easement edge, a distance of 906.65 feet to the POINT OF BEGINNING, containing 0.509 acres (22,188.7 Sq. Ft) of land more or less . PE RMANENT WATER FACI LITY EASEMENT AND TEMPORAR Y COHSTRUCTION EASEMENT R ev 06/2008 EXHIBIT "C" Being a variable width strip of land situated in lot 1, Block 1, Southeastern Freight Lines Fort Worth Addition, being an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Slide 10186, Plat Records , Tarrant County, Texas (P.R.T.C.T.), and being a portion of that same tract of land conveyed to SOUTHEASTERN FREIGHT LINES, INC. by warranty deed as recorded in Tarrant County Clerk's Instrument No. 0205009040, Deed Records of Tarrant County, Texas (D .R.T.C.T .), said variable width strip being a TEMPORARY CONSTRUCTION EASEMENT and being herein more described by metes and bounds as follows: BEGINNING at the southwest comer of an existing 15' by 20' utility easement as shown on the said Southeastern Freight lines Fort Worth Addition, said beginning point being located South 68°50'03" West a distance of 73 .88 feet from the north end of a right-of-way comer clip found at the northeast property comer of the said Lot 1; THENCE North 88°36'44" East, along the south edge of the said 15' by 20' ut ility easement, a distance of 20 .00 feet to the southeast comer of the said 15' by 20 ' utility easement; THENCE North 01°23'16" West. along the east edge of the said 15' by 20' utility easement, a distance of 5.00 feet to a point; THENCE North 88°36'44" East a distance of 42 .86 feet to a point at the beginning of a curve to the right having a radius of 2 ,146 .83 feet; THENCE in a Southerly direction along the said curve through an arc length of 20 .30 feet and across a chord bearing South 11 ° 17'05" East a distance of 20 . 30 feet to a point; THENCE South 88°36'44" West a distance of 89 .02 feet to a point; THENCE North 01°23'16" West a distance of 20 .00 feet to a point ; THENCE North 88°36'44" East a distance of 22 .67 feet to a point on the west edge of the said 15' by 20' utility easement; THENCE South 01°23'16" East, along the said west edge of the 15' by 20' utility easement, a distance of 5 .00 feet to the Point of Beginning containing 0.038 acres (1,645.8 Sq. Ft) of land more or less. PERMAHEHT WATER FACII.ITY EASEMENT /\NO TEMPORARY CONSTRUCTION EASEMENT ROY oet200II PLAT OF EX H 18 IT s "A"," B " & ., C" ____ lla_n::ir'P'T"TUN,_. ___ _ , ; 0 SE£ ATTACHED LEGAL DESCRIPTION Of OCHISIT• ·A·. ·e·a·c· HEREIN SOUTHEASTERN FRE:IGHT UNES INC. INST. No. 0205009040 D.R. T.C. T. LOT 1, BLOCK 1 SOUTHEASTERN FR£7CHT LINES FORT WORTH Al)O!TION CAB. A, SLD. 10186 P.R. T.C.T. FORT WORTH PROPERTY, UC 60.741 AC. INST. No. 0209080995 D.R.T.C. T. No . DIRECTION DIST. LS N6?958'46•w 10.77 ' L6 N89.31 '5.2"W 30.00' L7 sa9·31 ·s2"E 30.00' 100' 200· = GRAPHIC SCAl£ IN FEIT HOT£: TH[ IIASIS ~ BCMINGS !"Oft THIS SURVC'I' JS [5TAIUSHCll r ROW BCAII~ SHOWN OH LOT 1, IILOCX 1 SOVTl£.UTt:IIN F"RtlOHT UNO rORT WOlfTH AOOmON, AS RCCOll0£0 IN CABINFT A. SL.IDC 10185, P.A.T.C.T. 8CTWCOI votruW[NTS rOUNll ALONG Tli[ £AST l'f!OPOITY UNC. WA T ER REHAB1LITA 'Il0N CONTRACT 69 -PART 4 ~T[RN fROCHT UHCS f"ORT IIIORlH AOOITIOH _o_.o_._E_. _6_1_7_, ------- 1.0CAnoN: CITY ~ ran WOR'TH. TAHR.i,HT COUNTY, TEXAS PER~EHT WATER LINE EASEMENT ~ PROPOHY ~ CAL1.£D 37.499 ACIES SAA J08 ,W..; 09--004 Of!AWN 8Y: E.S..S. OA ~ 4-21 -1 0 OCO<tl> ~ £.S.S. --~--~-----~--'lz. /RF JIARTIN S1'REET PLAT OF EXHIBITs "A","B"&"C" SU ATIACHCD LEGAL. DESCRIP'Tlet, Of' EXHIBIT• •A", •9• A:•c• HEREIN y~ r11lffl R.O.F. -----R.O.W._~------------~-C1RF :Jo.JR'" EXHBT i4 • WiJ4fU' IIWJTH PERIWEJfT ""-...,_'"'-=~ .n:~ EXHBT 't'• IWiWlE llfOTH ~ MIITili fACIJTY £.AS8E1IT ~ EASEJENT 0.010 ACRES (#.3.8 ,SQ. FT.) '\_0.038 ACHES (16M.8 ~ FT.) fX1S11NC 1()' /JL I T.CC l No. 02051~ -P.R.T.Cr. I lJtHBT 11" WiJ4fU' llfDTH PfRMW](T 1114TE1i filfQJTY litSlJENT" fl, 1 D.9JI ACRES (.12, 1811. 7 .stl FTJ g~~ ,, ' ~. s:: ij \s ! ij l\i ,~ Ii ~ij ~j~oo· SOUTHEASTERN FREIGHT UNES INC. I~ f: GRAPHIC SCALE IN FE.ET INST. No. D205009040 D.R. T.C. T. 1· = 100' -%'" C1RF "J/lm'" No . DIRECT ION 01ST. LOT I, BLOCK 1 S0UTH£'AST£RN FREIGHT UNES FORT WORTH ADDtnON C.AB. A, SLD. 10 I 86 ~ .~ L1 so1·2:s ,e·E 10 .00' ;._ ~ L2 S88"J6' 4-4 W 22.67' O!in u N01'2J'te•w 20.00 ~ .-L4 H88"36'4-4 E 20.75' ti; 2 L8 S88"36 44"W 42.86 P.R. T.C. T. ~ L9 No1·23 '1 e"W 1 o .oo• NUMBER ·~--l~c_1 __ ~-+-C2-"--------'~C..:.J ___ -+-c_4_~--1 oEi..TA-ANGLr 00'1e·•r 1 ,· .. 2·11,· 11•55•.w• 00'52'31• -·-----·~--''--'--+-;...._----'---1-'-c_c..;;...._;...._-+-.;..__.;..;;;..,c.,_-- RAOIUS 2086 .83.:c____,~2'-:::1,c-48'-::: .• .;;..85"---+-'2;...1..::.5;:.,,tl • ..:.!J;;;_ __ t-'2'-1-4,;..tl.-"8~l--i ARC LrNGTH 10 .18 438 .58 .«9.o, 20.!0 CHORD CIR . t-S-1-T--l-8.,-,' 1--3"'"·[-t-N-0-5*,...4--2.,-' 1-l=·w-so-· -5.-~~·~--=-Ec-t-s=--,-1..,..·1--7"0"'.·o::-c:5:-;:-•::-tt cHo_R_o -·-Lr_H_G_TH-1-,-0-. ,-e---4.3-,--7 _-a-2--+-.ua-.-.2-o--+-2-o-.J-o NO'TL: f)!£ BASl5 OT 90Rl~ rOII TMlS SURVCY IS £STAIUSH£D f1IOII BIUJIIHGS SlfO'Wl4 ON LOT I, IILOCI( I SOUTl1£AST£IIH f R[IGHT UN£5 rowr WOITH AOOrTlOH, AS ll[CORO(D IH CAIJIN[T ~ 'SUD£ 101&6, P ••• T.C.T . IICfWU:N WOHOWCNTS rOOND ALONG Ill£ CAST P1IOf"CA'TY UH(. WATE R RE HABILIT /\ TlON CONTRACf 69 ~ PART 4 PAAal. NO. I 9J8: SOVMASJERH .FROQil UNES ran WORTH J\OO!Tl(»i LOCATIOt: CHY~ ran ~lH. TARRANT COONTY, ~ 'MiOl.£ Pft(lf>(RTY ~ CAU.£D 37.489 ACRES ~ JOB HO.: ~ ORA-.. SY: £.S.S. DATE: 4-21-10 Ol£0CED 8Y: E.S.S. 0.0.E. 6171 PERMANENT WATER LINE EASEMENT LIO H88"!6'.U"E 51.21 L11 M88"36' .u E 22.67 l12 S01'23'16 E 5 .00 LlJ N88'J6'44"E 20 .00' l1 4 N0 1'2J'16"W 5 .00' U5 N88':S6'«"E 42.86 ' L16 588"36' « W 89.02' U7 N01·2J'16 W 20.00' WATER REHABILITATION CONTRACT 69-PART 4 Parcel# 2 Doe# 6171 David Strickland Street, Fort Worth Lots 1, Blk 1, Central Acres Subdivision & David Strickland Survey, Abstract 1376 STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS DATE : GRANTOR: CITY OF FORT WORTH PERMANENT WATER FACILITY EASEMENT 4-21-2010 FORT WORTH PROPERTY, LLC. GRANTOR'S MAILING ADDRESS (including County): 4301 WEST MOHAVE STREET PHOENIX, MARICOPA COUNTY, AZ 85043-8303 GRANTEE: CITY OF FORT WORTH GRANTEE 'S MAILING ADDRESS (including County): 1000 THORCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 co -< l l ! I I I I J (/) C N n ;:::. o...,.. c--:z:Z: -(l"rl ~~:c (") f'Tl ,:c P'1~ ~;o (/} C> z ~ )~·~ c::::, :0 c= :;o (_ :::-- C ,-;.;:5 I -.J o -c::l~-_.:; f.'1 -0 :'.::;Q :x -< w -,t r.,......_ u, >< (..,) }:-... , r _, CONSIDERATION: Ten Dollars ($10.00) and other good and valuable co n sideration, the receipt and sufficiency of wh ich is hereby acknowledged. PROPERTY: Being a portion of Lot A Block 1, Central Acres Subdivision, City of Fort Worth, Tarrant County, Texas, as recorded in, Volume 388-83, Page 4, Plat Records, Tarrant County, Texas, and being a portion of that certain tract of land conveyed to Fort Worth Property, LLC. by deed as recorded in Tarrant County Clerk's Instrument Number 0209080995, of the deed records of Tarrant County, Texas, and being more particularly described in Exhibit "A". Permanent Water Fac ili ty Easement Rev . 06/2008 .j Grantor, for the Consideration paid to Grantor and other good and valuable consideration, hereby grants , sells , and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Water Main Facility, hereafter referred to as "Facility·. The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, valves, pipelines, water meters, junction boxes in, upon, under and across a portion of the Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. ________ ln...na .e'ilent shalLGrantor .(J.)._use .. the.Eroperty.in an¥-manner..which.inted.eres. in. any. materialway...Ol'.-.. is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Granter shall be permitted to maintain any existing concrete driveway or road on the Property . Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. 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 Granter 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) M & C: DATE 1 { 7 f I o AG~Q. {',('\ fY'-~j._ DOE# r \./Jr{ 7 ! Permanent Water Facility Easement Rev . 06/2008 GRANTOR: GRANTEE : City of Fort Worth Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY --·····--············ ··-···-············-···········-····-······ ~-/~········· Assistant City Attorney ACKNOWLEDGEMENT Anz.()t1il. STATE OF~ § l--'\o.n c.,ofa.._ COUNTY OF "FARRAN § {y1-z.onll... BEFORE ME, the unde ·gned authority, a Notary Public in and for the State of '.fexl!ts , on this day personally appeared e.f r ti H known to me to be the same person whose name i subscribed tO:,U'le for~oing in ru ent, and acknowledged to me that the same was the act of r+ , v~ Cf L.LL and that he/she executed the same as the act of said t-r ~ u for the purposes and consideration therein expressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this j ]W day of _:fv ___ . _l.\.V'l.e.. ____ _, 20~. Permanent Water Faci lity Easement Rev. 06/2008 Notary Public in a ' OFFICIAL SEAL. Patricia J . Irving Notary Public -Arizona Maricopa Coqnty M Commis sion Expires i /9 11 te of -FexaS' ~l L6 v'1£l1- ACKNOWLEDGEMENT STA TE OF TEXAS § COUNTY OFT ARRANT § BEFORE ME, the undersigned authority, a Notary Pub li c 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 ..... __ .e.xpre.ssed andin the. capacit¥.therein.stated_. ___ . __ .... __ .. ____ _ GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3o ~day of c....-.-_, _w_t.1_~-----· 201°. ..... ~·~·-. :~~.;;,.._ t~r..J) ,,,,.,'{f,,.,• EVONIA DANIELS MY COM MI SSION EXPIRES July 10 , 2013 Permanent Water FacilTty Easement Rev . 06/2008 tNotary Public in and for the State of Texas EXHIBIT "A" Being a 20 feet wide strip of land situated in Lot A, Block 1, Central Acres Subdivision, being an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in Volume 388-83, Page 4, Plat Records, Tarrant County, Texas (P.R.T.C.T .) and being a portion of that certain 60.741 acre tract of land conveyed to FORT WORTH PROPERTY, LLC. by warranty deed as recorded in Tarrant County Clerk's Instrument No. 0209080995, Deed Records, Tarrant County, Texas (D .R.T.C.T.), said variable width strip being a PERMENENT WATER FACILITY EASEMENT and being herein more described by metes and bounds as follows: BEGINNJNG at the southeast property comer. of the said 60.7 4 t acre tract, said beginning point being at the intersection of the west right-of-way line of East Loop 820 South, being a variable width right-of-way, and the north right-of-way line of David Strickland Road, being a 60 feet wide right-of-way; THENCE North 89°39'47" West, along the south property line of the said Lot A and along the said north right-of-way line of David Strickland Road a distance of 20.00 feet to a point; THENCE North 00°28'19" East a distance of 1,236.49 feet to a point on the north property line of the said 60 .741 acre tract; THENCE South 70°43'16" East, along the said property line, a distance of 21.13 feet to the northeast property corner of the said 60.741 acre tract, said point being on the east property line of Lot 1, Block 1, Southeastern Freight Lines Fort Worth Addition, being an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in Cabinet A Slide 10186, P.R.T.C.T., said point also being on the said west right- of-way line of East Loop 820 South; THENCE South 00°28'19" West, along the east property line of the said 60.741 acre tract and along the said right-of-way line, a distance of 1,229.63 feet to the POINT OF BEGINNING containing 0.566 acres (24,661.2 Sq. Ft.) of land more or less. Permanent Water Facility Easement Rev . 06/2008 '· PLAT OF EXHIBIT "A" \ \ I SEE ATIACHED LEGAL DESCRIPTION or EXHIBIT • A.. HEREIN 1/2• tRF'-L 21.13' \. 11 S70-<43' 16•E --------~ -LOT I, BLOCK I AR[A OF APPAR[N r • ~, SOUTHE:ASTERN . FR£1GHT UNES O'IFRLAPPING BOUNOARl[S 'I.Cft FORT WORTH AOOJnON -- 60.741 ACRES FORT WORTH PROPERTY, LLC INST. No. 0209080995 O.R.T.C.T. LOT A, BLOCK 1 CENTRAL ACRES SUBDIVISION VOL. 388-83, PG. 4 P.R.T.C.T. • · :-CAB, A. SUD£ 10186 ~ s P.R.T.C.T. I ~ I ··~ : I t~ ~-- ~ ~t I ~; :i ,--; ~; ' ~ ~~ I EXHIBIT :4" 20 1 W/0£ PERM4NENT-r WATER FACIUTY FASEAIENT 0.566 ACRES (2-1,661.2 SO. FT.) , ~ 0 180' I ' I Jeo· ~ ti.,, GRAPHIC SCALE IN FEET r· == 1ao· .... t.O a:>i-3c,; b~~ orA.-P.0.8. 11.0.w. l.1NC z~ EXHIBIT A• D,ll'lD STRICJtLAND -lw. -~39' 47"W 60' "11)1 11.0. r. l ~g~oo• I I I ~-- NOTE: THE B.\.SIS or 8£ARINGS roR THIS SURVEY IS ESTABLISHED FROM DEED BEARINGS SHOWN IN TARRANl COUNTY CLERKS INSTRUMENT HUMBER 0209080995, Of THE DEED RECORDS Of TARRANT COUNTY TEXAS. WATER REHABTUTATTON CONTRACT 69-PART 4 0.0.E. 6171 PARCEL NO. 2 St.JB0f"1SION : CENTRAL ACRES SUBDIVISION LOCATION: CITY ~ FORT WOR'!H, TARRANT COUNTY, TEXAS PERMANENT WATER LINE EASEMENT PROPERTY ACREACE: CAULD 110.741 ACRES SctA J08 NO.: Oi-064 ORAVIN BY: J.W.C. DATE: 4-21-10 CHECKED BY: E.S.S. PLAT Of EXHIBIT •A" SPOONER at ASSOC .. INC. J<Xl BYERS STREET, 1100, EULESS. TX. 780.JQ, PH 817-281-2355 0 Appendix B: TxDOT Permit w Approval Form Online version 11/2005 To Kent Lunski City of Fort Worth 500 W 7th Street Fort Worth, TX 76102 APPROVAL Date 8/4/2010 Application No . FTW20100621075905 District App . No . 220-165-W-2010 Highway IH 0820 Control Section 000813 ----------------Maintenance Section South Tarrant ----------------County Tarrant TxDOT offers no objection to the location on the right-of-way of your proposed utility installation, as described by Notice of Proposed Utility Installation No. FTW20100621075905 (District Application No . 220-165-W-2010) dated 8/4/2010 and accompanying documentation, except as noted below . YOU MUST contact the TxDOT inspector Jimmy Vaughan at 817-307-1617 forty-eight hours prior to construction. Conventional dry bore only unless approved in writing by the Area Engineer or Inspector. NO JACK BORING ALLOWED. Utility Accommodation Rules (U.A.R.), under Title 43 Texas Administration Code, Chapter 21, §21.40(a)(4) Installation (A): Lines placed beneath any existing highway shall be installed by boring or tunneling. Jacking may not be used unless approved in writing by the district. The district may require encasement of lines installed by boring or jacking. The use of explosives is prohibited. Pipe bursting or fluid/mist jetting may be allowed at the discretion of the department. -Buzz When installing utility lines on controlled access highways, your attention is directed to governing laws , especially to Texas Transportation Code, Title 6, Chapter 203, pertaining to Modernization of State Highways ; Controlled Access Highways. Access for serving this installation shall be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads or streets, (c) trails along or near the highway right-of-way lines, connecting only to an intersecting roads; from any one or all of which entry may be made to the outer portion of the highway right-of-way for normal service and maintenance operations . The Installation Owner's rights of access to the through-traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except, however, if an emergency situation occurs and usual means of access for normal service operations will not permit the immediate action required by the Utility Installation Owner in making emergency repairs as required for the safety and welfare of the public, the Utility Owners shall have a temporary right of access to and from the through-traffic roadways and ramps as necessary to accomplish the required emergency repa irs , provided TxDOT is immediately notified by the Utility Installation Owner when such repairs are initiated and adequate provision is made by the Utility Installation Owner for convenience and safety of highway traffic. The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners . In the event the Installation Owner fails to comply with any or all of the requirements as set forth herein, the State may take such action as it deems appropriate to compel compliance . It is expressly understood that the TxDOT does not purport, hereby, to grant any right , claim , title, or easement in or upon this highway; and it is further understood that the TxDOT may require the Installation Owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice . If construction has not started within six (6) months of the date of this approval , the approval will automatically expire and you will be required to submit a new application . You are also requested to notify this office prior to commencement of any routine or period ic maintenance which requires pruning of trees within the highway right-of- way, so that we may provide specifications for the extent and methods to govern in trimming , topp ing , tree balance, type of cuts, painting cuts and clean up . These specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming . -'~ Special -Provisions: FTW_SpecialProvision_ 11 FTW_SpecialProvision_ 17 You are required to notify TxDOT 48 hours (2 business days) before you start construction to allow for proper inspection and coordination of work days and traffic control plans . Use the UIR website for the 48-hour notification . DO NOT start construction until you have coordinated the construction start date and inspection with TxDOT. You are also required to keep a copy of this Approval , the Notice of Proposed Installation , and any approved amendments at the job site at all times . By Texas Department of Transportation Buzz Ky ler PLEASE READ P.J~ij.S.~ ...... .b~ ...... r..es.P..Q.DS.i.bl~. and call your TXDOT Inspector 48 hours prior to starting construction, and be prepared to provide the fo llowing information. 1. Permit and Highway numbers 2.T he n ame of th e Utility Company,a co ntact person's name an d phone number. 3. The name of the Construction Company, a contact person's name and phone number. 4. A start date 5. Date to be staked, if applicable. CONTRACTOR: .................................................... UPON COMPLETION OF PROJECT YOU WILL NEED TO CALL THE PERSON THAT IS ON THE PERMIT AND LET THEM KNOW JOB IS DONE. Note: A copy of the attached Approval (including all attachments) shall be on the job site at all times. IF CONSTRUCTION IS FOUND TO HAVE COMMENCED WITHOUT 48 HOURS CALL IN NOTICE, THE JOB SHALL BE SHUT DOWN UNTIL PROPER PROCEDURES ARE COMPLETED. Texas Department of Transportation Specifications for Utility Installations Fort Worth District (revised April 2010) Specifications for Utility Installations Fort Worth District TxDOT Directory For Utilities TxDOT's Mission Statement Safety Protection of Highway Facilities Use of Explosives Protection of Existing Facilities Deviation From Approved Plans Staking of Utility Lines in Advance of Construction Full-Time Supervision and Inspection Notification of Job Start TxDOT Locates Stockpiles on TxDOT ROW Coordination of Work With Highway Contractor or State Forces Work Dav Restrictions Inclement Weather Pits Bore and Tunneling Operations Markers Above-Ground Appurtenances Back-Fill of Utility Trenches Site Clean-Up Repair and Replacement of Rip-Rap and Earth Slopes Special Precautions For Erosion Control Seeding Specifications Aesthetics Required Pruning Practices Pruning Suqqestions Spc:cific~tiou s for l.itilit)' JnstilJJation!-2 3,4 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 7 7 8 8 8 8 8 9 10 10 11 Fo rt Wor U1 Di strict TXDOT DIRECTORY FOR UTILITIES R.O.W. UTILITY OFFICE J. D. GREENHILL BUZZ KYLER PAUL FIERRO JIMMY VAUGHAN STACY CLACK BRENDA RICHARDS UTILITY AGREEMENT/ PERMIT COORDINATOR UTILITY COORDINATOR UTILITY COORDINATOR UTILITY OBSERVER UTILITY OBSERVER lflJ IEJf!f'~RMTI'r~ s. TARRANT, N. TARRANT, JOHNSON, ERATH, HOOD, SOMERVELL, PARKER, PALO PINTO, JACK & WISE I (50) JOHNSON COUNTY AREA OFFJqE RONALD ROBINSON RANDY BOWERS JERRY STOUT AREA ENGINEER ASSISTANT AREA ENGINEER UTILITY COORDINATOR '(5,1) WIS£:& JACK COUN.TY AREA·<?FFIC,ES , • .: I BILL NELSON AREA ENGINEER VACANT ASSISTANT AREA ENGINEER VACANT UTILITY COORDINATOR (52) NORTH TARRANT COUNTY.ARE~ OFFICE (N. OF IH30) RALPH BROWNE OSCAR CHAVEZ AREA ENGINEER ASST AREA ENGINEER (54) SOUTHTARRANT COUNTY AREA OFFICE (S. OF IH30) GREG CEDILLO DAVID NEELEY AREA ENGINEER ASSISTANT AREA ENGINEER (56) ERATH, HOOD & SOMERVELL COUNTY A'RE~ OFFICES MARC Mc ENDREE AREA ENGINEER DAVID BULLARD ASST AREA ENG. /UTILITY COORD . SptCifications for Vt ility l11sh1Jbtio ns 3 817-370-6588 817-370-6827 817-370-6865 817-307-1617 817-313-3873 817-370-6589 817-202-2900 817-202-2900 817-202-2900 940-626-3400 940-626-3400 940-626-3400 817 -399-4302 817 -399-4302 817-370-6640 817-370-6640 254-965-3511 254-965-3511 Fort Worth District (57) PARKER & PALO PINTO COUNTY AREA OFFICES JOHN CORDARY VACANT AREA ENGINEER ASST AREA ENG. /UTILITY COORD. UOHNSON COUNTY MAINTENANCE RALPH GARZA . ' MAIN-TENANCE SUPERVISOR BRYAN ANDERSON UTILITY OBSERVER WISE& JACK COUNTY MAINTENANCE RICKY.T OM-PKINS ' MAINTENANCE SUPERVISOR KEITH PROCHNOW UTILITY OBSERVER (WISE) GERRY STONE UTILITY OBSERVER (WISE) JANA ROBINSON UTILITY OBSERVER (JACK) NORI R:tARRANi:''cciUNTY'MAltiTENAN'cE GARY PH~1LuPs _, "" · · MAI NT ENANCE suPERv1soR ST ACY CLACK UTILITY OBSERVER so][{H'f AR~~t co'tiNty MAf~:re &~~c·~ RALPH GARZA MAINTENANCE SUPERVISOR JIMMY VAUGHAN UTILITY OBSERVER !;MfH, Ho90: ·s9MER,VELL _ c;:o4Ntv· ~Aif-JT.EN~f{c~ JAMES PARKER MAINTENANCE SUPERVISOR TONY MUNOZ UTILITY OBSERVER PARKER'.'&.PALb 'PINTO COUNTY MAINTE'NANCE A LAN DONALDSON . M~MNTENANCE SUP.ERVISOR WAYNE FRAIZER UTILITY OBSERVER (PARKER) BRYAN RIGGS UTILITY OBSERVER (PALO PINTO) 682-229-2800 682-229-2800 817-202-2900 817-202-2905 940-626-3400 940-626-3400 940-626-3400 940-567-6611 817 -283-2731 817-313-3873 817-235-3416 817-307-1617 254-897-264 7 254-897 -264 7 682-229-2804 682-229-2806 940-325-2414 IN CASE OF EMERGENCIES, CONTACT J.D. GREENHILL AT 817-370-6588; LIGHTS AND TRAFFIC CONTROL DEVICES SHALL ALWAYS BE USED, AND WILL BE IN STRICT ACCORDANCE WITH THE GUIDELINES OF THE TMUTCD. TXDOT'S MISSION STATEMENT The mission of the Texas Department of Transportation is to provide safe, effective and efficient movement of people and goods. SAFETY Please refer to the Texas Manual on Uniform Traffic Control Devices for questions concerning traffic control. While working on TXDOT right of way hard hats and fluorescent safety vest are required at all times . PROTECTION OF HIGHWAY FACILITIES Spt~cificntions for l.i tility lustillfation!I 4 Fort Worth DisiTict All construction operations relative to installation of the Utility shall be conducted in such manner as to protect highway facilities from damage at all times . In addition, all work must be done in strict accordance with all applicable regulations of the occupational Safety and Health Administration (OSHA) of the US Department of Labor . USE OF EXPLOSIVES ~ explosives shall be used within limits of highway right-of-way without written perm ission . PROTECTION OF EXISTING UTILITIES Prior to beginning actual construction operations the Utility shall notify all other Utility Companies who may have facilities in the area so they can determine if the proposed construction will conflict with or otherwise damage their facilities . REMEMBER: 1-800-DIG-TESS DEVIATION FROM APPROVED PLANS No changes shall be made to the approved location of utilities without prior authorization of TxDOT. The Utility shall make necessary arrangements with other Utility Owners for moving facilities and /or supporting same during trenching operations . Any poles, anchors , etc . relocated to clear the proposed underground utility line shall be moved toward the highway right-of-way line and location shall be subject to TxDOT approval. All utility lines incorrectly installed shall be removed and laid in proper location at the entire expense of the Utility . STAKING OF UTILITY LINES IN ADVANCE OF CONSTRUCTION Utility lines shall be staked well in advance of construction so that TxDOT can inspect staking to verify that the alignment conforms to requirements set out herein and that there is no conflict with highway facilities . FULL TIME SUPERVISION AND INSPECTION The Utility shall provide competent full-time supervisors or inspectors for all utility installations . NOTIFICATION OF JOB ST ART 48 Hour notification is required for utility installations . Please have the follow ing information ready when you call: • APPROVED PERMIT NO. • STATE HIGHWAY NO . • UTILITY COMPANY • UTILITY SUPERVISOR OR INSPECTOR'S NAME and UTILITY MOBILE NO . • GENERAL CONTRACTOR'S NAME • NAME OF FOREMAN and MOBILE PHONE NO . • START DATE TXDOT LOCATES 48 Hour notification is required for TXDOT locates. BE AWARE!! TXDOT has a considerable investment in traffic signals, lighting, and traffic management system. These systems include underground electric and fiber optic lines. If any of the above facilities are within the limits of the utility project, the utility is required to call the phone numbers listed below: Sp,:cificMtinu s for l.itilil)' Jnsl1lll:1tions Signals and lighting : Phone# (817) 370-6671 Traffic Management: Phone # (817) 370-6745 5 For t \\iorth I>i sirkt AERIAL CROSSINGS 72 Hour (3 business days) notification is required for aerial crossings. Crossings on controlled access highways and/or high volume roadways can only be performed on Sunday, between the hours of 3 a .m. to 7 a .m. with police assistance and traffic control. Crossings on non-controlled access roadways and/or low volume roadways can be performed anytime during the week, Monday thru Friday , between the hours of 9 a .m. and 4 p .m . with proper traffic control. LANE CLOSURES 72 Hour (3 business days) notification is required for lane closures prior to the alteration of traffic flow. If a lane closure is required due to an unforeseen situation and after a utility permit has been approved, it will be necessary to call the TxDOT Utility Permit Office at 817/370-6588. A traffic control plan must be submitted and approved by TxDOT prior to lane closures . Note : An Engineer's seal may be required for lane closures on controlled access highways and high volume roadways. STOCKPILES ON TXDOT ROW Stockpiling will be allowed with permission from TxDOT. Once, permission has been granted, stockpiling can start forty-eight hours prior to construction . The stockpile shall be placed on the right of way line or as close as possible without obstructing the curb, pavement , or line of site . All materials must be removed from TxDOT right of way completion of the utility project. COORDINATION OF WORK WITH HIGHWAY CONTRACTOR OR STATE FORCES All work related to the installation of utilities shall be conducted in such manner as not to interfere in any way with highway construction or TxDOT maintenance operations . WORK DAY RESTRICTIONS Except, in cases of emergency, no work will be allowed on Saturdays , Sundays, Federal or State Holidays or at night. EXCEPTIONS MAY BE GRANTED BY TXDOT IF the Utility shows that "off day" work is necessary to avoid service interruptions to the public and the Utility agrees to the following conditions : Obtain TxDOT approval at least 48 hours in advance . The Contractor is required to have sufficient personnel and equipment on the job to efficiently execute the work. The utility will have a supervisor or inspector present on the job at all times while the work is in progress . INCLEMENT WEATHER To ensure the safety of the traveling public , as well as the contractor and his crew and TxDOT agents , no work shall be allowed during inclement weather such as, but not limited to rain , fog , snow and sleet effects visibility and/or traction . PITS All pits shall be excavated and closed within 48 hours . If the utility wishes to leave pits open overnight, reflective barricades must be employed . BORE AND TUNNELING OPERATIONS GENERAL REQUIREMENTS Utilities crossing under surfaced roads within the limits of highway right-of-way shall be placed by auger bore or tunnel method, unless otherwise specifically authorized by TxDOT . Sp<~ci fk a li ons for ll tilit~· J.1 1st nJJations 6 Fort Wurth Disirkt Bores or tunnels shall be placed at depths below the roadway structure which are sufficient for superimposed live and dead loads and also prevent collapse of supporting soil between hole and roadway . Boring and tunneling operations shall extend outside of the front slope and clear zone of the highway . Bores Where material beneath pavement is sandy or unstable and will be subject to caving , the hole for the casing shall be bored and cased simultaneously and bored material removed through casing . Cutting face of auger or drill shall not project more than six (6) inches ahead of casing and no water shall be used in connection with drilling. Where material beneath pavement is stable and not subject to caving , and allowed by TxDOT , the hole for the casing may be bored first and casing inserted in the hole immediately after completion of boring . If allowed by TxDOT, water may be used in conjunction with boring. Bore Pit Location Pits excavated for boring or tunneling operations shall be located so that any possible sloughing of sides of pit will not endanger shoulders or pavements and so that barricades can be placed as specified in the TMUTCD . Bore pits should be located at least thirty feet from the edge of the nearest through traffic lane and not less than twenty feet from the edge of pavement on ramps. On low traffic roadways and frontage roads, bore pits should not be less than ten feet from the edge of pavement or five feet from face of curb . Tunneling While hole is being tunneled, casing shall normally be jacked into place as operations progress. Working face of excavation shall not precede advancing end of casing by more than two and one half (i12 ) feet unless otherwise allowed by TxDOT . Grouting All voids around casing shall be pressure grouted . The grout shall consisting of Portland Cement and washed sand and containing not less than two (2) sacks or Portland Cement per cubic yard of grout. Additional cement shall be added if workability and/or stability cannot be obtained . An air-entraining agent may also be added to the grout mixture to facilitate flow if necessary . Grouting shall be done immediately after casing has been installed in hole in order to avoid any shearing of soil and settlement of over burden above casing . Means shall be provided for proving that voids are filled around 24 " diameter and larger casings in the event there is some doubt by TxDOT . TxDOT may require the Utility to install removable plugs at intervals inside the casing . No holes shall be drilled in pavement or shoulders for grouting operations . MARKERS The Utility shall place a readily identifiable and suitable marker at each right-of-way line for highway cross ings . Utilities that parallel the right of way shall place a marker every 1500 feet , at intersecting streets , and highway drainage culverts . ABOVE-GROUND APPURTENANCES Above-ground appurtenances , such as pedestals, fire hydrants, meters, etc., shall be located at the right-of-way line. BACKFILL OF UTILITY TRENCHES DESCRIPTION This specification shall govern backfill of trenches, which have been opened for the removal, adjustment, or installation of utility lines within the limits of highway right-of-way . Except when permission is granted, compacted backfill will be used for utility installations . Backfill shall consist of compacted material obta ined 7 Specific)ttion s for t)fility Ju s hlfl3tions from suitable soil excavated from the trench , or from sources outs ide the highway right-of-way . Material shall be free of rock, lumps , or clods that will not break down under compaction. Backfill material shall be placed in the trench in layers not to exceed 6" in depth and compacted. Water shall be added as required to facilitate compaction . Compaction shall be done with rollers or mechanical tamps . Use of rollers w ill be allowed only when such use is not believed detrimental to any highway facility . The type of roller used must be acceptable to TxDOT. When rollers are used, mechanical tamps shall be used along the sides of trench to compact any backfill that cannot be reached with rollers . Compacting shall be continued until a backfill density is equal to that of the adjacent, und isturbed material. Where trenches lie within the limits of drainage ditches and channels , which are in solid rock , TxDOT may require 1' of concrete backfill , struck off flush with the top of rock . SITE CLEAN UP The Utility is responsible for site clean up at the end of each workday. Roadways adj acent to the util ity constructi on site shall be kept free from debris, construction materials, and mud . At the end of each day, construction equipment and materials shall be moved as far from the roadway as feasible within the safety rules. If mudding of the roadway occurs at any time , the roadway shall be cleaned immediately . When the utility installation is complete , the right-of-way shall be reshaped to its original condition and the area reseeded or re-sodded to reduce erosion . Should settlement or eros ion occur with in one (1) year of the utility installation , TxDOT may specify prompt replacement at the utility's expense for bringing the construction site to a satisfactory condition. TxDOT will restore sites that are left at an unsatisfactory condition after notification has been sent to the utility . These sites will be restored to original condition. The utility shall fully reimburse all costs incurred by TxDOT for all repairs made by TxDOT . These costs include , but are not limited to matters of traffic safety , right of way contour, restoration and repairs to all highway structures : includ ing, but not lim ited to roads , driveways , terrain , landscaping , fences , etc . REPAIR AND REPLACEMENT OF RIPRAP AND EARTH SLOPES Any existing riprap cut by trenching operations shall be replaced and surface of new riprap finished to match that of existing riprap . Concrete riprap shall conta in not less than three (3) sacks of cement per cubic yard of concrete . Re inforcing steel shall conform to that of existing riprap . SPECIAL PRECAUTIONS FOR EROSION CONTROL Special precautions should be taken during utility installations to avoid disturbing ex isting drainage courses . In addition , so il erosion should be held to a min imum and sediment from the construction site should be kept away from the roadway and drain inlets . During construction the roadbed and ditches shall be maintained in such cond ition to in sure proper drainage at all times . Ditches and channels shall be maintained to avoid damage to the roadway . To avoid soil erosion , it is advised and encouraged that the Util ity Contractor use all applicable means (i.e . silt fences , hay bails , rock fi lter dams , etc .) to detour soil from eroding into roadway , ditches , and adj acent property. SEEDING SPECIFICATIONS RURAL AREA WARM-SEASON SEEDIN~ RATE In pounds, Pure Live Seed (PLS. Mixture for Clay or Tight Soils Mixture for Sandy Soils Dates Eastern Section Western Section All Sections Sp1,cifiClllio11, for Uti li ty J.nstnlla t io n, 8 for t Worth Distrkt Green Sp ran gletop 0 .6 Green Sprangletop 0 .6 Green Sprangleton 0 .7 Sideoats Gra ma (El Reno) 1.8 Sideoats Grama (Haskell or El Reno) 1.8 Sideoats Grama (Haskell) 2.2 Ber mudagrass 0 .8 Little Bluestem 1.1 Bermud ag rass 0 .9 Little Blu estem 1 .1 lndiangrass (Lometa or Cheyenne) 1.5 Little Bluestem 1.4 K-R Blue stem 0 .7 K-R Bluestem 0 .7 Sand Dropseed 0 .2 Switchgrass 1 .2 Switchg ras s (Alamo or Blackwell) 1.2 Total 6 .2 Total 6.9 Total 5.4 URBAN AREA WARM-SEASON SEEDING RATE In Pounds, Pure Live Seed (PLS) Mixture for Clay or Tight Soils Mixture for Sandy Soils Dates Eastern Section Western Section All Sections Feb 1 Green Sprang letop 0 .9 Green Sprangletop 1.1 Green Sprangletop 1.1 To Bermudagrass 1.2 K-R Bluestem 1.3 K-R Bluestem 1.3 May 1 K-R Bluestem 1.0 Buffalograss 10.7 Buffalograss 1.5 Buffa lograss 8 .0 Total 11 .1 Total 13 .1 Total 3.9 TEMPORARY COOL-SEASON SEEDING RA TE In pounds, Pure Live Seed (PLS) Dates All Sections Feb 1 Tall Fescue 4.0 To Western Wheatgrass 5.0 May 1 Wheat (Red, Winte r) 30 .0 Total 39.0 TEMPORARY COOL-SEASON LEGUME SEEDING RATE In pounds, Pure Live Seed (PLS) Dates All Sections Aug 15 Crimso n Clover 7.0 to Nov 30 Total 7.0 TEMPORARY WARM-SEASON SEEDING RA TE In pounds, Pure Live Seed (PLS) Dates All Sections May 1 Foxtai l Millet 30 .0 to Nov 30 Total 30.0 Note : Names in parenthesis () represent "improved" vanet1es of the species shown . ~pi,cifi cs ti ous fu r Utili ty Jm rnll a tio n~ 9 fort \\'ur th Di strict AESTHETICS To preserve and protect trees, shrubbery, and other aesthetic features on the highway right-of-way, TxDOT may specify the extent and methods of tree removal, tree trimming, or their replacement. TxDOT may also specify the installation methods of the underground or overhead utility in order to protect and preserve trees and other aesthetic features . REQUIRED PRUNING PRACTICES PRIOR TO CUTTING • Locate utility lines with the least possible interference with trees. • Amount of clearance should be determined by the rate of tree growth . • Remove minimum number of branches to provide adequate clearance . • Maintain adequate clearance for lines, NOT EXCESSIVE CLEARANCE . • ALL pruning shall conform to recognized tree surgery practice. • Preserve natural character of tree . WHERETO CUT In removing a limb, the cut should be made at a fork where the remaining branch will be at least one third the diameter of the one removed . LIMB REMOVAL 1. In removing branches the cut should be made at a fork with the remaining branch at least one-third the diameter of the one removed . 2 . Undercut 1/3 of the way through the limb , 8 to 12 inches from the main stem . 3. Remove limb 4 to 6 inches out from the first cut. 4 . Remove stub with an even cut so that a trace (called a "collar") still protrudes (about Y, inch). 5. All cuts two (2) inches or over shall be painted with an approved tree dressing or paint. * See pg 11 . DISPOSAL OF CUTTINGS All pruned wood and brush must be removed from the right of way and disposed of in accordance with the laws and regulations of the community, county , and state. Disease branches (especially those infected with oak wilt) must be properly disposed of to prevent the further spread of the disease . Sp~cific~tions for l.i tili t~· l ustidla ti on~ 10 Fo rt \\i or th Distr ict DESIRAeLI: T REE MODIFICATIONS PRESERVING SYM'-!ETRY. OES 1RABLE DE SI il ABLE OE SIR ABLE DESIRABLE Sp<:.cific;(tinm,, for l.1 1Hity .t.ushlJbtfons SUGGESTIONS .. ; .. ·;: UNDESIRABLE TREE MODIFICATIONS S1,~01e..,ifat to f''q,,,, IO 2 :S Such 1ret .line rtl0Honsh 1pc 01 illustrated perpetuates hi gh moinltnonce cost, and right.of-way uns i ghtliness , UNDES I RABLE UNOESJ RABLE: OE SI A ABLE ma in ~tem. UNOE SIRAOLE PROPER UM9 REM OV A L (2' d ia. o, mo·,) 11 Fort Worth District ~ ~~::.Ml lo,~:~nsp<>.t11Jrion Notice of Proposed Installation Utility Line On TxDOT Highway Right of Way Installation Application Online version 4/2006 To the Texas Transportation Commiss ion c/o District Engineer Texas Department of Transportation Fort Worth District, Texas Formal notice is hereby given that Date 7/20/2010 Application No . FTW20100621075905 City of Fort Worth proposes to install a utility facility within the right-of-way of IH0820 in Tarrant County, Texas as follows : (details are shown on page 2) The city is proposing a 31001f 16" water line along Loop 820 between US 287 to David Strickland. The project includes a 375LF bore across Loop 820. The existing line, parallel to the ROW, will be abandoned . The existing 10" water line across Loop 820 will be connected to the proposed lines. The line will be constructed and maintained on the highway right-of-way as shown on the attached drawing and in accordance with the rules , regulations and policies of the Texas Department of Transportation (TxDOT), and all governing laws , including but not limited to the "Federal Clean Wate r Act," the "National Endangered Species Act ," and the "Federal Historic Preservation Act.· Upon request by TxDOT, proof of compliance with all governing laws , rules and regulations will be submitted to TxDOT before commencement of construction . Our firm w ill use Best Management Practices to minimize erosion and sedimentation resulting from the proposed installation , and we will revegetate the project area as indicated under "Revegetation Special Provis ions.· Our firm will ensure that traffic control measures complying with applicable portions of the Texas Manual of Uniform Traffic Control Devices will be installed and maintained for the duration of this installation . The location and description of the proposed installation and appurtenances is more fully shown by _2_ files containing drawings and other pertinent information uploaded to the website. Constru ctio n will begin on or after March 1 2011 and end on or before December 31. 2011 I certify that I am authorized to represent the Firm listed below, and that our Firm agrees to the cond itions/provis ions included in this notice . Utility Installation Owner _C_it~y_o_f_F_o_rt_W_ort_h ___________ _ By Kent Lunski Title Project Manager Address 500 W 7th Street Fort Worth , TX 76102 Phone No . 817 -334 -4442 E-mail address ka lunski@ transystems .co m Application Details Application No . FTW20100621075905 Date 7/20/201 o Utility Installation Owner _C_ita..y_o_f _F_o_rt_W_ort_h ___________ _ By Kent Lunski TxDOT District Fort Worth District County Tarrant Route IH0820 Control Section 000813 ------------------The city is proposing a 31 OOlf 16" water line along Loop 820 between US 287 to David Strickland . The project includes a 375LF bore Description across Loop 820 . The existing line , parallel to the ROW, will be abandoned. The existing 10" water line across Loop 820 will be connected to the proposed lines . C69 Part 4 TxDOT Comment Response Attachments 07201 O.pdf ---'---------------- C69 Part 4 TxDOT sheets 072010.pdf TxDOT -Fort Worth District CHECKLIST FOR REVIEW OF NOTICES OF PROPOSED INSTALLATION Online version 05/2009 Yes No N/A 181 D D Are other existing utility lines in the vicinity shown on the plans and have you included vertical elevations and horizontal alignments for these existing utilities based on the department's survey datum? 181 D D Are the right of way line and edge of highway pavement clearly shown on plans? 181 D D For lines to be installed parallel to the highway, have you included the design , proposed location, vertical elevations, and horizontal alignments of the utility facility based on the department's survey datum, the relationship to existing highway facilities . 181 D D For installations parallel to the highway, does the installation alignment change? Alignment changes need to be justified and reasonable . Half the length of the existing water line is in TxDOT ROW. The proposed alignment i s in a permenant Fort Worth easement. D D ~ For gas crossings, are all encased gas lines showing vent pipes at right of way line and all gas pipes clearly marked with owners signs? D D ~ For aerial installations, do the plans clearly show and differentiate between existing poles and new poles? ~ D D For highway crossings , is the location of the crossing clearly shown on the plans? The crossing should be as close to 90 degrees as practical. 181 D D The following statement is clearly stated on each page of the plans : CONTRACTORS : IT IS YOUR RESPONSIBILITY TO CALL THE TXDOT AREA INSPECTOR 48 HOURS PRIOR TO START OF CONSTRUCTION . (see specs for utility installations for contact numbers) 181 D D Are the utility plans legible , drawn to scale, and accurately d imensioned and when printed out are easily read? ~ D D It is understood it is the application owners' responsibility to file the 48 hours job start notice through the on line UIR Electronic program . In the comment box you shall enter the name of the contractor, on site supervisor name and cell number and the date the construction is going to start . 181 D D For lines crossing State highways or roads , crossing intersecting streets/county roads , or passing through the protected root area of desirable trees, is it clearly shown in description and on ALL plans that the line will be installed by conventional dry auger boring unless otherwise approved by a TxDOT engineer or inspector? In addition, casing should be shown under highways and paved city street/county road intersections. TxDOT Permit Application for Fort Worth Water Department 16" Water Line Crossing IH 820 FTW20100621075905 Response to 6/23/10 Comments 7/20/10 Comment/Response Question 1: Where are the Bore Pits? Response : On the West side of Loop 820 -Outside of TxOOT right-Of-way On the East side of Loop 820 -Within the right--0f-way, outside of the NB frontage road. See attached sheet 1. Question 2: What is the material type of the carrier pipe? Response: City does not limit competition. Potential material types placed in profile on sheet t. Question 3: What does "Other than Open Cur installation suggest? Response : This is the Water Departments standard statement for a group of installation options . The contact documents will provide the contractor with an installation option . The options are boring and tunneling . The City standard for casing pipe is liner plate and steel pipe. This is typical for highway crossings . Question 4: Where are the bore details? Response: Shown on attached sheet 2. 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'.c.,:;.' . . ,ri. _ �:�' �: -p : - s � :.. �.. ,:. •� -M• +'i'�1��' i �r^ 1 . �'i;:;+�: , .��': ::�:." . . �,.. . .4 1 ' • Jiv:.�. .. ..... . ... . _» _ � a. . . 1"':•�� . . . . .1�.. .. .. .wr.._.. ... . ..r . _ ,. .. .::�• . .< .. .. .. . .. . .. .. .. ... ., .._..�:r;: .._. , ..< .... .. .. ;��:. _ . Appendix Borings (CSJ 8-13-6) Available