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Contract 42205
- - - SPECIFICATIONS AND CONTRACT DOCUMENTS FOR EXECUTED COPY CITY SECRETARY'{ dY9-D S--- CONTRACT NO. -- RIVERSIDE WASTEWATER TREATMENT PLANT DIGESTER SLUDGE TREATMENT, REMOVAL AND DISPOSAL PROJECT WATER DEPARTMENT PROJECT NO . WTR-2010-200051 THOMAS HIGGINS INTERIM CITY MANAGER S . FRANK CRUMB , P.E. DIRECTOR WATER DEPARTMENT MIKE MONCRIEF MAYOR APRIL 2011 ANDY CRONBERG , P.E. ASSISTANT DIRECTOR ..._,.. WATER !I;PARTMENT RICHARD S. TALLEY REGULATORY/ENVIRONMENTAL COORDINATOR WATER DEPARTMENT • .•. FREE __ ··_S_E I ~NICHOLS 4055 INTERNATIONAL PLAZA, SUITE 200 FORT WORTH, TEXAS 76109-4895 (817) 735-7300 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX F&N No : FTW94158C 08 -3 1-11 A11:5o I~ i Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 8/2/2011 DATE: 81212011 REFERENCE NO.: C-25090 NON- CONSENT LOG NAME: 60RIVERSIDE WTP AUi CONTRACTORS CODE: C TYPE: PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Contract with AUi Contractors, LLC , in the Amount of $5 ,255 ,040.00 for Digester Sludge Removal , Treatment and Disposal at Riverside Wastewater Treatment Plant in Gateway Park (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Counci l authorize the City Manager to execute a contract with AUi Contractors , LLC , in the amount of $5 ,255 ,040.00 for digester sludge removal , treatment and disposal at the former Riverside Wastewater Treatment Plant in Gateway Park. DISCUSSION: On February 15, 2011 , (M&C C-247 42) the City Council authorized the execution of a contract with Freese and Nichols, Inc., to final ize the cleanup plans and specifications for removal of sewage sludge containing PCBs and heavy metals from eight digesters located at the former Riverside Wastewater Treatment Plant (Sector 1) in Gateway Park and assist with bid-phase services . Freese and Nichols , Inc., will provide on-site management during cleanup activities necessary to remove the sludge from the digesters and conduct follow-up laboratory sampling and reporting activities in accordance with Texas Commission on Environmental Quality (TCEQ) and U.S . Environmental Protection Agency (EPA) regulations . City staff recommends accepting the low bid of $5 ,255 ,040.00 submitted by AUi Contractors, LLC . The total base bid of $4 ,900 ,440 .00 includes removal , treatment and disposal of the contaminated sewage sludge from eight digesters . The alternate bid items totaled $354 ,600.00. The alternate bid items include backfill material necessary to fill voids after the digesters are demolished and stabilization of the site. Contract time is 180 calendar days with construction to begin in August 2011 and anticipated completion in January 2012 . This project was advertised for bid on April 21 , 2011 and April 28 , 2011 in the Fort Worth Star- Teleqram . On May 26 , 2011 , the following bids were received: Bidder AUi Contractors , LLC Eagle-SWS Archer Western Contractors Oscar Renda Contracting, Inc. Total Base Bid $4,900,440.00 $4,992,367 .25 $5,335 ,526.00 $5,841,170.00 Alternate Bid $354,600 .00 $287,783.00 $364,100.00 $ 95 ,750 .00 Total Bid $5 ,255,040 .00 $5 ,280, 150 .25 $5 ,699,626 .00 $5 ,936 ,920 .00 In addition to the contract cost $260 ,650.00 is required for project contingencies. Project contingency is necessary to account for potential variations in quantities of contaminated sewage sludge that require disposal due to uncertainty in the amount of liquids that can be removed and treated from each digester. AUi Contractors , LLC , is in compliance with the City M/WBE Ordinance by committing to 14 percent M/WBE participation. The City's M/WBE goal on this project is 13 percent. This project is in COUNCIL DISTRICT 4 . fO RTWORTH ~ FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated , of the Water and Sewer Fund . TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers PE45 245100 000000 $5,515,690.00 Fernando Costa (6122) S. Frank Crumb (8207) Richard Talley (8203) 60RIVERSIDE WTP AUi CONTRACTORS MAP.pdf SPECIFICATIONS AND CONTRACT DOCUMENTS FOR RIVERSIDE WASTEWATER TREATMENT PLANT DIGESTER SLUDGE TREATMENT, REMOVAL AND DISPOSAL PROJECT WATER DEPARTMENT PROJECT NO. WTR-2010-200051 THOMAS HIGGINS INTERIM CITY MANAGER S. FRANK CRUMB, P .E. DIRECTOR WATER DEPARTMENT MIKE MONCRIEF MAYOR APRIL 2011 ANDY GRONBERG , P.E. ASSISTANT DIRECTOR WATER DEPARTMENT RICHARDS . TALLEY REGULATORY/ENVIRONMENTAL COORDINATOR WATER DEPARTMENT •• FREESE I ~NICHOLS 4055 INTERNATIONAL PLAZA, SUITE 200 FORT WORTH , TEXAS 76109-4895 (817) 735-7300 F&N No : FTW94158C -f, 1.-0 -II - CITY OF FORT WORTH DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT RIVERSIDE WASTEWATER TREATMENT PLANT Water Department Project No. WTR-2010-200051 ADDENDUM NO. 1 May 10, 2011 The location and time for the submission of bid remains ·unchanged. BID DATE: Thursday, May 26, 2011, 1 :30 p.m. The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the plans and specifications and shall become part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum in the space provided on the Proposal and on the outside of the sealed bid envelope. BIDDING REQUIREMENTS: A1-1 Front End Documents -Comprehensive Notice to Bidders A. Delete the last paragraph and replace with the following: "All bidders will be required to develop and comply with a Storm Water Pollution Prevention Plan (SWPPP) during construction. All bidders will be required to have all on-site personnel fulfill the requirements of 29 CFR 1910.120 by completing OSHA's 40-hour training program for Hazardous Waste Operational Emergency Responders with appropriate annual refresher training as needed." A 1-2 Bid Package -Proposal A. Replace all pages of the proposal with the revised proposal and bid schedule including alternate bid items as provided as Attachment 1. A 1-3 General and Special Conditions A. Part C -Special Conditions a. Reference Page 3-3(6), Section C3.3-11 Insurance Item c.7: Delete paragraph and replace with the following: "Environmental Impairment Liability Coverage must be provided, in lieu of a Warranty Bond, in the limits of $5,000,000 per occurrence and $5,000,000 annual aggregate. The Environmental Impairment Liability (Ell) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emissions, and clean-up costs. The Ell coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. Ell for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s)." Addendum No. 1 WTR-2010-200051 A1-1 B. Supplementary Conditions a. Reference Page CS-5, Section 11.0 Insurance , Section C3 .3-11 Insurance Item c.7: Delete paragraph and replace with the following : "Environmental Impairment Liability Coverage must be provided, in lieu of a Warranty Bond, in the limits of $5 ,000,000 per occurrence and $5,000 ,000 annual aggregate. The Environmenta l Impairment Liability (Ell) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emissions , and clean-up costs. The Ell coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. Ell for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s)." C. Part D -Special Conditions a. Reference Page SC-54, STORM WATER POLLUTION PREVENTION PLAN (SWPPP): Delete last two sentences and replace with the following : "The Contractor will be required to develop and comply with a SWPPP during construction." TECHNICAL REQUIREMENTS: A1-4 . 01510 TEMPORARY FACILITIES A. Reference Page 01510-2 , Item 2.06 A.: Delete paragraph and replace with the following : "Furnish a temporary field office for Contractor's use . The type and size of field office shall be at the discretion of the Contractor." All other provisions of the contract documents, plans and specifications shall remain unchanged . Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. END OF ADDENDUM NO. 1 RECEIPT ACKNOWLEDGED : By: Company: ___________ _ Addendum No. 1 WTR-2010-200051 A1-2 ATTACHMENT 1 -PROPOSAL .... TO: MR. THOMAS HIGGINS Interim City Manager Fort Worth, Texas PROPOSAL FOR: DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT RIVERSIDE WAS TEW ATER TREATMENT PLANT City Project No .: WTR-2010-200051 Pursuant to the foregoing "Notice to Bidders," the undersigned has examined the plans , specifications and the site , understands the amount of work to be done , and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications , and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. Contractor must be pre-qualified in accordance with the project-sponsoring Department of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance, and Payment Bonds approved by the City of Fort Worth for performing and completing said work within the time stated for the following sums, to wit: Total quantities given in the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT tlESCRIPTION OF ITEMS Willi BID PAY ITEM APPROXiM.Ai:E QUAN"{ITY ~Q:S Wl:HTTEN IN WORDS µNIT PRICE AMOUNT~ID Traffic Control Plan Dollars and 1 1LS Cents per LS $ $ Storm Water Pollution Prevention Plan Dollars and 2 lLS Cents per LS $ $ Mobilization Dollars and 3 1 LS Cents per LS $ $ Clearing and Grubbing Dollars and 4 lLS Cents per LS $ $ Digester Lid Removal and Demolition Dollars and 5 lLS Cents per LS $ $ Transportation of Metal Roofs for Recycling Dollars 6 lLS and Cents per LS $ $ Transportation of Uncontaminated Roof Debris & Concrete (Class 2 Nonhazardous Construction and Demolition Debris) to CSC Disposal Dollars and 7 960TON Cents per TON $ $ Disposal of Uncontaminated Roof Debris & Concrete Fifteen Dollars 8 960TON and Fifty Cents per TON $15.50 1 $14,880.00 Sample Collection (Liquid and Solid Samples) Dollars and Cents per 9 218 SAMPLES SAMPLE $ $ PCB Analysis Dollars and 10 138 SAMPLES Cents per SAMPLE $ $ Total RCRA Metals Analysis Dollars and 11 138 SAMPLES Cents per SAMPLE $ $ TCLP RCRA Metals Analysis Dollars and 12 80SAMPLES Cents per SAMPLE $ $ 2 DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT QESCRIPTION QF ITEMS WITH BID PAY ITEM .APPROXIMATE QUANTITY P~ICES WRITTENJN \IIJORDS UNIT PRICE AMOUNT..BID Total Cu/Ni/Zn Analysis Dollars and 13 58SAMPLES Cents per SAMPLE $ $ Cyanide Analysis Dollars and 14 58SAMPLES Cents per SAMPLE $ $ voe Analysis Dollars and 15 8SAMPLES Cents per SAMPLE $ $ SVOC Analysis Dollars and 16 8SAMPLES Cents per SAMPLE $ $ Herbicide/Pesticide Analysis Dollars and 17 8SAMPLES Cents per SAMPLE $ $ TCLP VOC/SVOC/Herbicide/Pesticide Analysis Dollars and Cents per 18 8SAMPLES SAMPLE $ $ Aqueous Sludge/Liquid Removal, Treatment, and Disposal Dollars and 19 600,000GAL Cents per GAL $ $ Solid Sludge Mixing, Stabilization and Excavation Dollars and 20 8 DIGESTERS Cents per DIGESTER $ $ Class "F" Flyash Dollars and 21 7,000TONS Cents per TON $ $ Transportation of Stabilized Solid Sludge/Contaminated Debris to Disposal Site Dollars and 22 30,000TONS Cents per TON $ $ Stabilized Sludge/Contaminated Debris Disposal (TSCA Regulated, Nonhazardous waste with PCBs > 50 ppm) Eighty Dollars and twent y-five 1 23 30,000TONS Cents per TON $80.25 $2,407,500.00 3 DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT l;)ESCRIPTION ()F ITEMS WITH .BID PAY ITEM APPROXIMATE QUANrlTY PRICES WRf!TEN IN WORDS UNIT PRICE AMOUNTBfD Pressure Clean Digesters and Treatment of Decontamination Liquids Dollars and Cents per 24 8 DIGESTERS DIGESTER $ $ Plugging of Digester Pipes Dollars and 25 9 DIGESTERS Cents per DIGESTER $ $ 6-Foot Chain Link Fencing and Gates Dollars and 26 1,975 LF Cents per LF $ $ Disposal of Personal Protective Equipment Dollars and 1 27 50 Drums Cents per TON $125 .00 $6,250.00 DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT TOTAL AMOUNT OF BASE BID ITEMS (ITEMS 1 through 27) $ 1 See Pricing Commitment Letter dated March 29, 2011 from Republic Services, Inc. (Appendix B) 4 PAYITEM 28 29 30 31 32 33 ALTERNATE BID -DEMOLITION, REMOVAL AND DISPOSAL OF DIGESTER TANKS AND CONTROL ROOMS -ADD ITEMS DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT APPROXIMATE DESCRIPTION OF ITEMSWITH QUANTITY BID PRICES·.WRITTEN IN W.ORDS UNIT PRIC E Demolition, Removal, and Disposal of Digester Basins, Control Rooms and Associated Piping Dollars 1 LS and Cents per LS s s Class 3 Earth Fill Dollars and 11,1500( Cents per CY s s Class 12 Earth Fill Dollars and 1,600 ot Cents per CY s s Offsite Borrow -Class 3 Earth Fill Dollars and 14,9000( Cents per CY s s Offsite Borrow -Class 12 Earth Fill Dollars 1,600 ot and Cents per CY s s Seeding Dollars and 3.SAC Cents per AC s s DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT TOTAL AMOUNT OF ALTERNATE BID ITEMS (ITEMS 28 through 33) $ ,AMOUNT BID 5 Within ten (10) days after notification by the City of Fort Worth, the undersigned will ex ecute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas , in the event the contract and bond or bonds are not executed and delivered within the time above set forth , as liquidated damages for the delay and additional work caused thereby . As a requirement of this project, the undersigned bidder certified that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects, and that they have read and thoroughly understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assured that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder understands that the basis of award for this project will be based on the Total Amount of Base Bid Items (Items 1 through 27), as provided herein. The Bidder agrees to begin construction with ten (10) calendar days after issue of the work order and to complete the contract within 180 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable) A. The principal place of business of our company is in the State of _______ _ a. Nonresident bidders in the State of , our principal place of business, are required to be __ percent lower than resident bidders by state law. A copy of the statute is attached. b. Nonresident bidders in the State of , our principal place of business , are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas . 6 I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the forgoing bid: Addendum No. 1 (Initials) __ _ (Seal) Date: ---------- Respectfully submitted, By: Title: Company: Address: 7 - - - - - - - - tiiiiil - - CITY OF FORT WORTH Water Department Project No. WTR-2010-200051 ADDENDUM NO. 2 May 23, 2011 The location and time for the submission of bid remains unchanged. BID DATE: Thursday, May 26, 2011, 1 :30 p.m. The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the plans and specifications and shall become part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum in the space provided on the Proposal and on the outside of the sealed bid envelope. BIDDING REQUIREMENTS: A2-1. Bid Package -Proposal A. Replace all pages of the proposal with the revised proposal and bid schedule including alternate bid items as provided as Attachment 1. A2-2. General and Special Conditions A. Part D -Special Conditions a. Reference Page SC-12, PROJECT DESIGNATION SIGN: Delete the second sentence and replace with the following: "It shall be in accordance with Drawing 1-H." Drawing 1-H is provided as Attachment 2. b. Reference Page SC-54, STORM WATER POLLUTION PREVENTION PLAN (SWPPP): Delete first sentence of NOTICE OF INTENT {NOi) section and replace with the following: "If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall submit a TCEQ Notice of Intent (NOi) form to the TCEQ." c. Reference Page SC -54, STORM WATER POLLUTION PREVENTION PLAN (SWPPP): Delete first sentence of NOTICE OF TERMINATION {NOT) section and replace with the following: "For all sites that qualify as Large Construction Activity, the Contractor shall sign and submit, prior to final payment, a TCEQ Notice of Termination (NOT) form to the TCEQ." Addendum No. 2 WTR-2010-200051 A2·1 - TECHNICAL REQUIREMENTS: A2-3. 01010 SUMMARY OF WORK A. Reference Page 01010-1, Item 1.03 Description of Work: Delete Item 1.03 A. 8. and replace with the following: "8. Alternate Bid -Following demolition in place of concrete digester basins and control rooms, backfill site with clean off-site fill material and seed area." B. Reference Page 01010-2, Item 1.05 Construction of Utilities: Add the following as Item 1.05 C . 2. "Access to water is available at fire hydrant located approximately 70 yards to the west of the plant area entrance ." A2-4. 01130 MEASUREMENT AND PAYMENT A. Reference Page 01130-4, Item 1.04 Alternates: Delete Item 1.04 G. 1. and replace with the following: "1. Alternate Bid -Alternate Bid includes backfilling the site with clean off-site fill material and seeding the work area ." B. Reference Page 01130-7: Insert the following items after Item No. 27 "Disposal of Personal Protective Equipment". "28. Item No. 28 : Demolition of Digester Basins, Control Rooms and Associated Piping Payment shall be at the lump sum price bid for "Demolition of Digester Basins, Control Rooms and Associated Piping ", which payment shall constitute full compensation for labor, equipment, tools, and incidentals necessary to complete the work as specified and indicated on the plans . 29. Item No. 29: Class 3 Earth Fill Payment for Class 3 earth fill will be made at the unit price bid per cubic yard compacted in-place for "Class 3 Earth Fill." The payment shall be full compensation for furnishing all labor, mate rials, and equipment and for performing all operations necessary to properly place and compact all earth fill. No payment shall be made for backfill of unautho rized excavations outside of the lines and grades shown on the plans. 30. Item No. 30: Class 12 Earth Fill Payment for Class 12 earth fill shall be made at the unit price bid per cubic yard in place for "Class 12 Earth Fill" which price shall be full compensation for furnishing all labor, equipment, materials, and for performing all operations necessary to scarify and wet the subgrade, spread and roll Class 12 earth fill, remove objectionable debris, finish grade and maintain Class 12 earth fill until acceptance by the Owner. 31 . Alternate Bid Item No. 31: Offsite Borrow -Class 3 Earth Fill Addendum No. 2 WTR-2010-200051 Payment for Offsite Borrow -Class 3 earth fill will be made at the unit price bid per cubic yard compacted in-place for "Offsite Borrow -Class 3 Earth Fill." The payment shall be full compensation for furnishing all labor, materials, and equipment and for performing all operations necessary to A2-2 - transport to the project site, properly place and compact all earth fill. No payment shall be made for backfill of unauthorized excavations outside of the lines and grades shown on the plans. 32. Alternate Bid Item No. 32: Offsite Borrow -Class 12 Earth Fill 33. Payment for Offsite Borrow -Class 12 earth fill shall be made at the unit price bid per cubic yard in place for "Offsite Borrow -Class 12 Earth Fill" which price shall be full compensation for furnishing all labor, equipment, materials, and for performing all operations necessary to scarify and wet the subgrade, transport to the project site, spread and roll Class 12 earth fill , remove objectionable debris, finish grade and maintain Class 12 earth fill until acceptance by the Owner. Alternate Bid Item No. 33 : Seeding Measurement and payment shall be at the un it price bid per acre and shall be full compensation for furnishing and installing a cool or warm season seeding, fertilizer and watering and all othe r appurtenances specified and indicated on the plans complete in place." A2-5. 02218 DIGESTER SLUDGE A. Reference Page 02218-5 Item 3.07 Haul and Disposal: Add the fol lowing as Item 3.07 C. 'The City of Fort Worth shall be designated as the Generator on all waste manifests. The Contractor shall be designated in writing as an agent of the City for execution of waste manifests ." A2-6. 02403 CARE OF WATER DURING CONSTRUCTION A. Reference Page 02403-2 Item 3.03 Contact with Contaminated Materials: Add the following sentence at the end of the section : "The Contractor may assume standing water in the control room basins is uncontaminated and eligib le for discharge to the sanitary sewer without treatment." A2-7. 02050 DEMOLITION A. Reference Page 02050-1 Item 1.01 Work Included : Delete Item 1.01 B. (7) and replace with the following: "(7) Concrete digester basins and concrete from control rooms shall be demolished in place." B. Reference Page 02050-2 Item 3.01 Removal of Structures: Delete Item 1.01 E. and replace with the following : "E. Concrete digester basins and concrete from control rooms shall be demolished in place." A2-7. CONSTRUCTION PLANS A. Reference Construction Plan Sheets 3, 9, and 10: Delete and replace construction plan Sheet 3, Sheet 9, and Sheet 10 with copies dated May 20 , 2011 in Attachment 3. Revisions are denoted on the plans by a triangle with the number 2. Addendum No. 2 WTR-2010-200051 A2-3 .... - All other provisions of the contract documents, plans and specifications shall remain unchanged . Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive . A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. END OF ADDENDUM NO. 2 RECEIPT ACKNOWLEDGED: By: Company: ___________ _ Addendum No. 2 WTR-2010-200051 A2-4 ATTACHMENT 1 -PROPOSAL TO: MR. THOMAS HIGGINS Interim City Manager Fort Worth, Texas PROPOSAL FOR: DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT RIVERSIDE WASTEWATER TREATMENT PLANT City Project No.: WTR-2010-200051 Pursuant to the foregoing "Notice to Bidders," the undersigned has examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth . If required by this project, Contractor must be pre-qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated for the following sums, to wit: Total quantities given in the bid proposal may not reflect actual quantities, by represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. - DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT - DESCRIPTION OF ITEMS WITH BID - PAY ITEM APPROXIMATE QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID Traffic Control Plan Dollars and 1 lLS Cents per LS $ $ Storm Water Pollution Prevention Plan Dollars and -2 lLS Cents per LS $ $ Mobilization Dollars and -3 lLS Cents per LS $ $ Clearing and Grubbing Dollars and 4 1 LS Cents per LS $ $ Digester Lid Removal and Demolition Dollars and 5 1 LS Cents per LS $ $ Transportation of Metal Roofs for Recycling Dollars 6 1 LS and Cents per LS $ $ Transportation of Uncontaminated Roof Debris & Concrete (Class 2 Nonhazardous Construction and Demolition Debris) to CSC Disposal Dollars and 7 960TON Cents per TON $ $ Disposal of Uncontaminated Roof Debris & Concrete Fifteen Dollars 8 960TON and Fifty Cents per TON $15.501 $14,880.00 Sample Collection (Liquid and Solid Samples) Dollars and Cents per 9 218 SAMPLES SAMPLE $ $ PCB Analysis Dollars and 10 138 SAMPLES Cents per SAMPLE $ $ Total RCRA Metals Analysis Dollars and 11 138 SAMPLES Cents per SAMPLE $ $ TCLP RCRA Metals Analysis Dollars and 12 80 SAMPLES Cents per SAMPLE $ $ DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT - DESCRIPTION OF ITEMS WITH BID PAY ITEM APPROXIMATE QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID -Total Cu/Ni/Zn Analysis Dollars and 13 58 SAMPLES Cents per SAMPLE $ $ Cyanide Analysis Dollars and 14 58 SAMPLES Cents per SAMPLE $ $ voe Analysis Dollars and 15 8 SAMPLES Cents per SAMPLE $ $ SVOC Analysis Dollars and 16 8 SAMPLES Cents per SAMPLE $ $ Herbicide/Pesticide Analysis Dollars and 17 8 SAMPLES Cents per SAMPLE $ $ TCLP VOC/SVOC/Herbicide/Pesticide Analysis Dollars and Cents per 18 8 SAMPLES SAMPLE $ $ Aqueous Sludge/Liquid Removal, Treatment, and Disposal Dollars and 19 600,000 GAL Cents per GAL $ $ Solid Sludge Mixing, Stabilization and Excavation Dollars and 20 8 DIGESTERS Cents per DIGESTER $ $ Class "F" Flyash Dollars and 21 7,000TONS Cents per TON $ $ Transportation of Stabilized Solid Sludge/Contaminated Debris to Disposal Site Dollars and 22 30,000 TONS Cents per TON $ $ Stabilized Sludge/Contaminated Debris Disposal {TSCA Regulated, Nonhazardous waste with PCBs > 50 ppm) Eighty Dollars and twenty-five 23 30,000 TONS Cents per TON $80.25 1 $2,407,500 .00 DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT - DESCRIPTION OF ITEMS WITH BID PAY ITEM APPROXIMATE QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID Pressure Clean Digesters and Treatment of Decontamination Liquids Dollars and Cents per 24 8 DIGESTERS DIGESTER $ $ Plugging of Digester Pipes Dollars and 25 9 DIGESTERS Cents per DIGESTER $ $ 6-Foot Chain Link Fencing and Gates Dollars and 26 1,975 LF Cents per LF $ $ Disposal of Personal Protective Equipment One Hundred Twenty 27 50 Drums Five Dollars and zero Cents per TON $125 .001 $6,250 .00 Demolition of Digester Basins, Control Rooms and Associated Piping Dollars 28 1LS and Cents per LS $ $ Class 3 Earth Fill Dollars and 29 11,150 CY Cents per CY $ $ Class 12 Earth Fill Dollars and 30 1,600 CY Cents per. CY $ $ DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT TOTAL AMOUNT OF BASE BID ITEMS (ITEMS 1 through 30) $ 1 See Pricing Commitment Letter dated March 29, 2011 from Republic Services, l~c. (Appendix B) - - PAY ITEM 31 32 - 33 ALTERNATE BID -DEMOLITION, REMOVAL AND DISPOSAL OF DIGESTER TANKS AND CONTROL ROOMS -ADD ITEMS DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT APPROXIMATE DESCRIPTION OF ITEMS WITH QUANTITY BID PRICES WRITTEN IN WORDS UNIT PRICE Offsite Borrow -Class 3 Earth Fill Dollars and 14,900 CY Cents per CY $ $ Offsite Borrow -Class 12 Earth Fill Dollars 1,600 CY and Cents per CY $ $ Seeding Dollars and 3.SAC Cents per AC $ $ DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT TOTAL AMOUNT OF ALTERNATE BID ITEMS (ITEMS 31 through 33) $ AMOUNT BID - - - - - - - Within ten (10) days after notification by the City of Fort Worth, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Tex as, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby . If as a requirement of this project, the undersigned bidder certified that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects , and that they have read and thoroughly understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans . The undersigned assured that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction with ten (10) calendar days after issue of the work order and to complete the contract within 180 days after beginning construction as set forth in the written work order to be furnished by the Owner. (Circle and complete A or B below, as applicable) A. The principal place of business of our company is in the State of _______ _ B. a. b. Nonresident bidders in the State of , our principal place of business, are required to be __ percent lower than resident bidders by state law. A copy of the statute is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders . The principal place of business of our company or our parent company or majority owner is in the State of Texas. - - - I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the forgoing bid: Addendum No. 1 (Initials) __ _ Addendum No. 2 (Initials) __ _ (Seal) Date: ---------- Respectfully submitted, By: Title: Company: Address: ATTACHMENT 2 -PROJECT SIGN - .... 4' -------------4' ------------ 1-" •l·-CFORT WORTH =~:. ~-~~~~~ ~r--3" 300 ~~-Project Title ~,- a1 " 2 Funding 3" 11" 2 Contractor: 1 .. 21" Contractor's Name 2 2 11" 11" Questions on this Project Call: 2 2 1" 11" (817) 392 -XXXX 2 1" 11" After Hours Call: (817) 392 -XXXX 2 21· R1" TYP. FONTS: FORT WORTH LOGO IN CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH · PMS 288 • BLUE LONGHORN LOGO · PMS 725 · BROWN LETTERING • PMS 288 • BLUE BACKGROUND • WHITE BORDER • BLUE 2 NOTES: IF APPLICABLE TO THE PROJECT, CONTRACTOR SHALL OBTAIN VINYL STICKER "CITY GAS LEASE REVENUE IN ACTION"/ LOGO AT CDR SIGN AND ENGRAVING, 6311 EAST LANCASTER AVE (817-451-4684), PEEL AND PLACE IN FUNDING SECTION. PROJECT DESIGNATION SIGN CITY OF FORT WORTH -CONSTRUCTION STANDARD DRAWING NO. 1 - H DATE: ATTACHMENT 3 -PLAN SHEETS - 1 l l � 1 •�,;;� ,� ,� ,� ,� � 1 1 1 1 1 1 1 1 1 �'i� p�r� x�,„ .x �,��� :slz -� mSi: 00. 10.0.lOL � i��_�a , f � s I # AIL � ' � _ _ _.,._ .. `' � � �- - �I __ � \- F - � --�._.���� - - Y ,��� f -��. � Y � , ��� � � g� I � ��� � I � � ' `�. � � � �� � � j�� � � :�g� � � _ �� II� ) I - � � ;, \, , ` ) � ���� �, _ l �" ND S � P �f M� _ � � � � F � ��� �����`� ��_ �� �� � ��� �� ��o���� ��� ��� ��� o- � ��� � � � � �� } g�� ��� � s�� � ��_ ��� �� � t ��� � ��� ��� �� �' m � �� � 4�� �� � Q � H� � � �, : N S m .� � ��� \ �, i �I � , �� �� , �. ��� ��-� _� � r ,� ;� � � � , �� ' � il K � �` --- !�� _ � � ��� � � ��� � I I . � � �I� ti �� i�� ��P� � ��( /' \ � I � / � � 6 (i� . ;r � Q/ � ),� �� j .� / � � $ / � /��� � '�� �_ :�� £� % . -._ _ .-_- � /� �� ,,/% �-� r g���� � � =�i� � G� II ��� � cm ov roxr vronn�, r[�us ••••�•• ^� � �"„��„ DIGESTER SLUDGE REMOVAL TREATMENT �� � c AND DISPOS�L PROJECT ��,�,Ki,�,s � �°'����RIVERSIDE WASTEWATER TREATMENT PLANT ';=`; �* ; a"'� '�"' • ' IL� GY."�'�,.� .�.. 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'� ♦ N f � y ♦ � ♦ � • � Y � ���., � •f' � V . ,` l� . . � w t � ��■ ;. - ., N � �!'i •� � � ��ry �.�. . . � V �-� `` � •a�-�'"�' ' I�Digester No. 1` , � digester No. 2 � .� . ,'� �'�+ �- F' . �,� . ±� ,: �• t� . � .� : • ��/"• r ; Digester No. 3 � p /�, T -:�. 1_ .I� N' .,�fr�•'y � �YI � �� /s,� � L ,���-�}����s - '�.� i�int!� � �`•�' �'v'�, . r � ��r �.�����t•�'�' _ t � �,� �� � , ��^ . / � � � .�� . d 'i�.�' � L. � � �_ �� �� � • �"� ^ . � , • � � > •,� P Treated Effluent Discharge Location �� ' "�� ; �' � �� ' � �" O �/� - ' ,�.. -�`• � � �'' ,� ;. `�-�t� �• _ �, 1r . � , :- ,,, " �, �►.. � � . �� ��t�,1� . , t � � ''' , � r � �� � � . � � i W a.� , � i..' � . � � �'� t ��� � . � �. � 8 . ` �' �'��...�, ..:�� :�. .;'�^ ���� • Digester Na 5 � �.�- Digester No. 4 �" ,.'-f ; ,.' :: �.T� _ .� �,' � � 1 t ���. � . � �t"?+� -��`. i �x'L'~ � � =�'•��I. �• � � ♦ •'�►., � �„ ' ',�t !' �"'' + �' �` � 'TT.,,i � • � /*• *' � � �7 ` �r'',� ' `. � " _` � � � �, .; � � � w �� � �r �` , ,.l^ � !+t �.f� �, .�R •� f .t �+= � �`� .� �� ♦.; r • . , r'►!�'�''' � ; :�' ��: ' � � . ,.� ,-� . . �. �'�•� �,-,,,,-. 'y R i � � ► ! , +. . . �. :, . =� . . a :� � � �� ,� � . ,,�;"��i � ,+ , i , . „� � . { **rY � 9 !► .,yss ' n R ` � ,'1'r. � . .. ' •,+ , * �r i .r ' -^r- � ' � � X.�`�"i: . � -1�' ••` 1 ^�� , � Fee 110 220 440 660 ��� � _ �il+..�.. �...'� • . i • N W � E S 0 0 N w� �� � � �� � a� m �' c 10 o x '� H o 0 C Y M d n C � � � M �� n 0 0� � LL � - 2. Front End Documents - TABLE OF CONTENTS 01 -Project Information ~ 1.1 -Title Page ~ 1.2 -Location Maps 02 -Front End Documents 2.1 -Table of Contents ~ 2.2 -Notice to Bidders ~ 2.3 -Comprehensive Notice to Bidders ~ 2.4 -Special Instructions to Bidders (water-sewer) D 2.5 -Special Instruction to Bidders (paving-drainage) D 2.6 -Detailed Project Specifications (no drawings provided) 03 -MWBE Documentation ~ 3.1 -MWBE Special Instructions ~ 3.2 -MWBE Subcontractors/Suppliers Utilization Form ~ 3.3 -MWBE Prime Contractor Waiver ~ 3.4 -MWBE Good Faith Effort ~ 3.5 -MWBE Joint Venture 04 -Bid Package ~ 4.1 -Bid Proposal Workbook ~ 4.3 -Bid Schedule D 4.4 -List of Fittings D 4.5 -Pre-Qualified Contractor List 05 -General and Special Conditions ~ 5.1 -Part C General Conditions (water - City of Fort Worth, Texas Table of Contents PM O Release Date: 06.10.2010 Page I of 2 sewer) ~ 5.2 -Supplementary Conditions to Part C (water -sewer) ~ 5.3 -Part D -Special Conditions (water -sewer) D 5.4 -Part DA -Additional Special Condition (water -sewer) ~ 5.5 -Part E Specifications D 5.6 -Special Provisions (paving - drainage) ~ 5.7 -Wage Rates ~ 5.8 -Compliance with and Enforcement of Prevailing Wage Rates D 5.9 -Standard Details (water-sewer) D 5.10-Standard Details (paving- drainage) TABLE OF CONTENTS 06 -Technical Specifications 0 Technical Specs Index 07 -Contracts, Bonds and Insurance 0 7.1 -Certificate of Insurance 08 -Appendices 09-Addenda City of Fort Worth , Texas Table of Contents PMO Re lease Dale: 06 .10.2010 Page 2 of 2 0 7.2 -Contractor Compliance With Workers' Compensation Law D 7.3 -Conflict of Interest Questionnaire 0 7.4 -Performance Bond 0 7 .5 -Payment Bond 0 7.6 -Maintenance Bond 0 7.7 -City of Fort Worth Contract 0 Waste Characterization Plan 0 Republic Services Pricing Commitment Documentation D Addenda Index NOTICE TO BIDDERS Sealed proposals are requested for the following : FOR: DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT RIVERSIDE WASTEWATER TREATMENT PLANT PROJECT NO. WTR-2010-200051 Addressed to Mr. Thomas Higgins , Interim City Manager of the City of Fort Worth, Texas , will be received until 1 :30 PM, May 26, 2011 at the Office of the Purchasing Manager, City of Fort Worth , in the lower level of the Municipal Building, 1000 Throckmorton Street , Fort Worth , Texas , 76102 , and then will be publicly opened and read aloud in the Council Chambers at 2:00 PM . Any bid received after the closing time will be returned unopened Plans and Specifications for this project may be obtained at the offices of Freese and Nichols , Inc ., 4055 International Plaza Suite 200 , Fort Worth , Texas 76109-4895, Telephone (817) 735-7300 . A set of plans and documents will be provided for a non-refundable fee of one hundred twenty-five dollars ($125) each . A majority of the work consists of the following : • Removal and disposal of digester roofs • Sampling and testing sludge and liquids from each digester • Pumping free liquids from digesters into onsite storage tanks , treat utilizing onsite treatment system , and discharge into City 's sanitary sewer system • Mixing flyash with sludge/solids and testing sludge/soils with paint filter test • Transporting and disposing of approved sludge/solids at CSC Disposal in Avalon, Texas • Upon removal of sludge materials , steam cleaning interior of digesters to remove residual contaminated materials and plugging connecting pipes with lean concrete • Installation of 1,975 linear feet of six-foot high chain link fence Included in the above will be all other items of construction as outlined in the Plans and Specifications. Pre-qualification of Bidders, according to the Special Instructions to Bidders in the Contract Documents or the Fort Worth Water Department General Contract Documents and General Specifications is required . The City reserves the right to reject any or all bids and waive any of all irregularities . Bidders shall be allowed to modify and/or withdraw bids prior to bid opening. No bid may be withdrawn until the expiration of 90 days from the date bids are received . A pre-bid meeting will be held on Thursday, May 5, 2011 at 9:00 a.m . in City of Fort Worth Pre-Council Chamber, Municipal Building (2nd Floor), 1000 Throckmorton Street, Fort Worth , Texas, 76102 . A site visit will be held on Thursday, May 5, 2011 immediately following the pre-bid meeting at the soccer/rugby fields pavilion at Gateway Park, 4800 East First Street, Fort Worth, Texas 76103. All bidders are strongly encouraged to attend the site visit because the former Riverside Wastewater Treatment Plant is currently unoccupied and a controlled access site . For additional information concerning this project, please contact Richard Talley, Project Manager, City of Fort Worth (817) 392-8203 or Robert Chambers, Freese and Nichols , Inc . at (817) 735-7300 . Publication: April 21, 2011 FTW9415SC Thomas Higgins Interim City Manager Marty Hendrix City Secretary COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals are requested for the following: FOR: DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT RIVERSIDE WASTEWATER TREATMENT PLANT PROJECT NO . WTR-2010-200051 Addressed to Mr . Thomas Higgins, Interim City Manager of the City of Fort Worth , Texas , w ill be received until 1 :30 p.m., May 26, 2011 , at the Office of the Purchasing Manager, City of Fort Worth , in the lower level of the Municipal Building , 1000 Throckmorton Street , Fort Worth , Texas , 76102 , and then will be publicly opened and read aloud in the Council Chambers at 2 :00 PM. Any bid received after the closing time will be returned unopened Plans and Specifications for this project may be obtained at the offices of Freese and Nichols , Inc., 4055 International Plaza Suite 200 , Fort Worth , Texas 76109-4895, Telephone (817) 735- 7300 . A set of plans and documents will be provided for a non-refundable fee of one hundred twenty-five dollars ($125) each . General Contract Documents and General Specifications for the Water Department projects , dated January 1, 1978 , with amendments , also comprise a part of the Contract Documents for this project and may be obtained by paying $50 .00 for each set , at the Engineering Office of the Fort Worth Water Department. All bidders will be required to comply with Provision 5159a of "Vernon 's Annotated Civil Statues " of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No . 7578 , as amended by City Ordinance No . 7 400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders . A majority of the work consists of the following : • Removal and disposal of digester roofs • Sampling and testing sludge and liquids from each digester • Pumping free liquids from digesters into onsite storage tanks, treat utilizing onsite treatment system, and discharge into City 's sanitary sewer system • Mixing flyash with sludge/solids and testing sludge/soils with paint filter test • Transporting and disposing of approved sludge/solids at CSC Disposal in Avalon , Texas • Upon removal of sludge materials , steam cleaning interior of digesters to remove residual contaminated materials and plugging connecting pipes with lean concrete • Installation of 1,975 linear feet of six-foot high chain link fence Included in the above will be all other items of construction as outlined in the Plans and Specifications . Pre-qualification of Bidders , according to the Special Instructions to Bidders in the Contract Documents or the Fort Worth Water Department General Contract Documents and General Specifications is required. The City reserves the right to reject any or all bids and waive any of all irregularities . Bidders shall be allowed to modify and/or withdraw bids prior to bid opening . No bid may be withdrawn until the expiration of 90 days from the date bids are received. FTW94158C A pre-bid meeting will be held on Thursday, May 5, 2011 at 9:00 a.m . in City of Fort Worth Pre- Council Chamber, Municipal Building (2nd Floor), 1000 Throckmorton Street , Fort Worth , Texas , 76102 . A site visit will be held on Thursday, May 5, 2011 immediately following the pre-bid meeting at the soccer/rugby fields pavilion at Gateway Park , 4800 East First Street, Fort Worth , Texas 76103 . All bidders are strongly encouraged to attend the site visit because the former Riverside Wastewater Treatment Plant is currently unoccupied and a controlled access site . For additional information concerning this project , please contact Richard Talley, Project Manager, City of Fort Worth (817) 392-8203 or Robert Chambers , Freese and Nichols , Inc. at (817) 735-7300. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH FORM ("Documentation"), and/or the JOINT VENTURE FORM as appropriate is received by the City. The award of the contract, if made , will be within ninety (90) days after this documentation is received , but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract do c uments and acknowledging receip t of the addenda by initial ing the appropriate spaces on the proposal form . Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Freese & Nichols , Inc . at (817) 735-7300 . Bidders shall not separate , detach or remove any portion , segment or sheets from the contract document at any time . Bidders must complete the proposal sections(s) and submit the complete specifications 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 timeline stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No . 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts . A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM , GOOD FAITH EFFORT FORM ("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. All bidders will be required to comply with the project's Stormwater Pollution Prevention Plan (SW3P) during construction. Bidders will not be required to prepare the SW3P. All bidders will be required to have all on-site personnel fulfill the requirements of 29CFR 1910.120 by completing OSHA's 40-hour training program for Hazardous Waste Operational Emergency Responders. THOMAS HIGGINS INTERIM CITY MANAGER Advertising Dates : Thursday, April 21, 2011 FTW94158C MARTY HENDRIX CITY SECRET ARY Thursday, April 28. 2011 2 SPECIAL INSTRUCTIONS TO BIDDERS (September 10, 2004) 1. PREQUALIFICATION REQUIREMENTS. All contractors submitting bids, are required to be pre-qualified by the Fort Worth Water Department prior to submitting bids. This pre-qualification process will establish a bid limit based on 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 equipment schedule, names and addresses of each individual or business entity owning 10 % or more of the bidding entity, and any other documents the Department may deem necessary, to the Director of the Water Department or his designated representative , at least seven (7) calendar days prior to the date of the opening of bids. a) COVER LETTER. The cover letter provided by the prospective bidder with the pre-qualification information must include the following infonnation: • Contact person (for additional information) if other than individual who signed the cover letter • If the bidder intends to submit a bid within thirty (30) days from the date that the pre-qualification request is submitted to the City , a statement as to the project to be bid and the date that the bids are scheduled to be opened. b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an independent certified public accountant or 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 of the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared , the previous statement shall be updated by proper verification. c) EXPERIENCE RECORD. 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 the work of both the same nature and technical level as that of the project for which bids are to be received. For this project, acceptab le past experience must include: • Experience with a removal of hazardous waste or Class 1 nonhazardous waste involving contaminated soi ls for a project at least $1 million in magnitude; or • Experience with removal of TSCA-regulated, PCB wastes for a project at le ast $500,000 in magnitude. Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received. A minimum of three references must be included. References must include a contact person A-1 name, telephone number, project name and total cost, and type of work done (Utility contractor shall list pipe size and pipe linear footage). d) EQUIPMENT SCHEDULE. The prospective bidder shall list the equipment that the Contractor has available for the project and list the equipment that Contractor will rent as may be required to complete the project on which the Contractor submits a bid. The Water Department will review each pre-qualification submittal. From the financial statement, the maximum bid limit will be based on amount of liquid assets times 10. The expiration date for pre-qualification will be established as 15 months after the date of the financial statement. The experience record will be reviewed and verified at the same time. The following condition~ will apply: a) The Director of the Water Department shall be the sole judge as to the acceptability for financial and experience qualification to bid on any Fort Worth Water Department project. b) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. c) The City, in its sole discretion, may reject a bid for failure to demonstrate experience and/or expertise. d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered . e) 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 wavier of any necessary pre-qualification. For additional infonnation contact John Kasavich , Fort Worth Water Department at (817) 392-8480 (FAX 817 -392-8195). Pre-qualification submittal should be sent to: John Kasavich Fort Worth Water Department 1000 Throckmorton Fort Worth , TX 76102-6212 2 . BID SECURITY. A cashier's check, or an acceptable bidder's bond , payable to the City of Fort Worth, in the amount of not less than five (5 %) percent of the largest possible total of the bid submitted must accompany the bid , and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded . To be an acceptable surety on the bid bond, the surety must be licensed to do business in the State of Texas . In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of A-2 $100,000 from a reinsurer that is authorized and admitted as a re insurer in the State of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federa l 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 proof required herein. 3. BONDS. A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required . Reference C3-3 .7. 4. WAGE RA TES. Not less that the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents. must be paid on this project. 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: Prior to the award of contract to an out-of-state bidder, the bidder shall be licensed to do business in the State of Texas. For licensing procedures, contact the Texas Secretary of State Offices (Telephone Number 1-512 -463-5555 or 1-900-263-0060) 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower that the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident 's principal place of business is located. "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 a place of business in the State of Texas. 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 contract amount is $25,000 or less, the contract amount shall be paid within forty-five ( 45) days after the completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall , in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of A-3 their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, 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 subcontractors against the City arising out of the Contractor's and /or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of the contract. 10 . DISABILITY: In accordance with 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 the Contractor or any of its subcontractors. Contract warrants it will fully comply with ADA's provision and any other applicable Federal, State, and local laws concerning disability and will defend, indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this contract. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530 , the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts . A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p .m, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work A-4 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 facts ( other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 12 . ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents . No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in , or omissions from , the Contract Documents , or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. A-5 3. MWBE Documentation - - - - - - FORT WORTH -'"-, •. ,-' . 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 app li cab le. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Wom e n Busines s Enterprises (M/WBE) in the procurement of all goods and serv ices to the City on a contractual basis . All requ iremen ts and regulations stated in the City's current Minority and Wom e n Business Enterprise Ordinance apply to th is bid . M/WBE PROJECT GOALS The City's M/WBE goal on this project is 13 · Q % of the tota l bid (Base b id applies to Parks and Commun ity 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 Ordinan ce by ei ther of the following : 1. Meet or exceed the above stated M/WBE goal , or 2. Good Faith Effort documentation , or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The appl icable documents must be received by the Manag ing Department, w ithin the following times a ll ocated , in order for the entire bid to be considered responsive to the specifications. frhe Offeror shall dellver t he MWBE documentation -....,......,....,,.-....,.....--,,..,,.. --' -"-i iate employee of the managing departrnent and obtain a date/time receipt. Such receipt shall Cit receiv d the do9,b!mentation ln t ~!trne.e)tocated. A axed CQRY: will ~-q£!??.~. 1. Subcontractor Utilization Form , if goal is received by 5:00 p.m., five (5) City bus iness days after the bid met or exceeded : opening date, exclus ive of the bid opening date . 2. Good Faith Effort and Subcontractor received by 5 :00 p .m ., five (5) City business days after the bid Utilization Form , if participation is less than opening date , exclusive of the bid opening date . stated goal: 3. Good Faith Effort and Subcontractor received by 5 :00 p .m ., five (5) City business days after the bid Utilization Form , if no M/WBE participation : open ing date , exclusive of the bid open ing date . 4. Prime Contractor Waiver Form , if you w il l received by 5 :00 p .m ., five (5) City business days after th e bid perform all subcontracting/supplier work : open ing date , exclusive of the bid opening date . 5. Joint Venture Form , if utilize a joint venture received by 5 :00 p.m ., five (5) City business days after the bid to met or exceed qoal. open inq date , exclusive of the bid openinq date . FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE , WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any q uestions, please contact the M/WBE Office at (817) 392-6104. Rev . 11/1/0 5 - - - - - FORT WORTH ~ PRIME COMPANY NAME: PROJECT NAME: City of Fort Worth Subcontractors/Suppliers Utilization Form ATIACHMENT 1A Page 1 of 3 Check applicable block to describe prime I M/W/DBE I I NON-M/W/DBE Riverside Wastewa ter Treatment Plant Digester Sludge Treatment , Removal and Disposal Proj ect BID DATE City's M/WBE Project Goal: I Prime 's M/WBE Project Utilization: PROJECT NUMBER % % Identify fill subcontractors/suppliers you will use on this project Failure to c omplete this form, in its entirety with requested documentation , and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offerer agrees to enter into a formal a greement with the M/WBE firm(s) Ii sted in this utilization schedule, conditioned u pan execution of a con tract with the City of Fart 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 o f subcontracting below the prime contractor, i.e., a direc t payment from the prime contractor to a subcontractor is considered 151 tier , a payment by a sub contractor 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 wo men businesses by the No rth Central Texas Region al 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 wi II be given credit as lo ng as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, i ncluding M/WBE ow ner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs , i ncluding owner-operators, but will only receive credit for th e fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev . 5/30/03 fORTWORTH ---..,-..-- ATIACHMENT 1A Page 2 of 3 Primes are required to identify ALL subcontractors/suppliers , regardless of status ; i.e ., Minority, Women and no n-M/WBEs . Please list M/WBE firms first, use additional sheets if necessary. Certific ation N (ch ec k one) 0 SU BCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail C X M Subc ontracti ng Work Supplies Pu rc ha s ed Dollar Amo unt Addres s e M w T D w Telephone/Fax r B B R 0 B E E C T E A Re v. 5/30/03 ..... - - - - - - fORTWORTH ~ 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 3 of 3 The Contractor will not make additions , deletio ns, or substitutions to this certified Ii st without the prior approval of the Minority and Women Business Enterpr ise Office Manager or designee t hrough 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 debarm ent in a ccord with the p rocedures outlined in the ordinance . The contra ctor shall submit a detailed explanation of how the requested ch ange/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agr ees to provide , directly to the City upon request , complete and accurat e information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangeme nts submitted with the bid. The Offerer al so agrees to allow an audit and/or examination of any bo oks , record s and files held by th eir company. The bidder agrees to allow the transmission of int erviews with owners, pr incipals, off icers, employees and applica ble subcontractors/suppliers/contractors participat ing on the contract t hat will su bstantiate t he actual work performed by the M/W/DBE(s) on this contra ct , by an authorized officer or employee oft he City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for ape riod of not less than thr ee (3) years and for in itiating action under Federal , State or Local laws concerning false statements. An y failure to comply with this ordina nee and create a mat erial breach of contract may result in a determination of an irre sponsible 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 '-,-•. ~ C ity of Fort Worth Prime Contractor Waiver Form ATIACHMENT 18 Page 1 of 1 PRIME COMPANY NAME : Check applicable block to describe prime PROJECT NAME : I M/W/DBE I I NON -M/W/DBE Rive rsi d e Wa ste wa te r Tre atment Plant Digester Sludge Treatme nt, Removal and Disposal Proj ect BID DATE City's M/WBE Project Goal: I PROJECT NUMBER % If both answers to this form are YES , do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO , then you must complete ATTACHMENT 1C . This form is only appl icable if .both answers are yes . Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.1 five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes , please provide a deta iled explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operat ional profile of your business . Will you perform this entire contract without suppliers? YES If yes , please provid e a detailed explanation that proves based on the size and scope of th is 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 regard ing 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 this bid. The bidder also agrees to allow an audit and/or examination of any books , records and files held by the ir 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 know ing 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 comp ly with th is ordinance creates 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 . Au thorized Si gnature Pr inted Sign ature Titl e Contact Name (if diffe re nt) Co mp a ny Nam e Ph one Num ber Fa x Number Address Em a il Address City/State/Zip Date Rev. 5/30/03 ATTACHMENT 1B Page 2 of 1 Rev. 5/30/03 - lliiiii - - - FORT WORTH -'-, •. -- PRIME COMPANY NAME: PROJECT NAME: City of Fort Worth Good Faith Effort Form Digester Sludge Treatment, Removal and Disposal Project at Riverside Wastewater Treatment Pl ant City's M/WBE Project Goal : I PROJECT NUMBER % ATTACHMENT 1C Page 1 of 3 Check applicable block to describe prime I M/W/DBE I I NON-M/W/DBE BID DATE If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2nd tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities 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. D Yes 0 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? D Yes (If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) D 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? D Yes (If yes , attach list to include lli!!!!.!1. of M/WBE firm , person contacted, phone number and date and time of contact.) 0 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? D Yes D 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 "-,-•. ,-' CITY OF FORT WORTH Joint Venture Eligibility Form All <111estions 11111st be a11swere<I; use "NA" if applicable. Joint Venture Page 1 of 3 Name of City project: Rivers ide Wastewater Treatment Plant Digester Sludge Treatment, Removal and Disposal Project A j o int ve nture form mu st be compl eted on eac h proj ect RFP/Bid/Purchasing Number: ____________ _ 1. Joint venture information: Joint Venture Name: Joint Venture Addres s: (If applicable) Telephone : Facs imile : E-mail addres s : Cellular: Identify the finns that comprise the joint ve nture : Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture M/WBE firm I Non-M/WBE I name: firm name: Bu s in ess Address: Busin ess Ad dre ss: City, State, Zip : C ity, State , Z ip: Telephone Facs imil e E-mail Telephone Facsimil e Cell ular Cellul ar Certification Status: E-mail address Name of Certifying Agency: 2 S f cope o wor k f per orme db th J . t V t 1y e om en ure : 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 d escribed in joint venture agreement) Profit and lo ss sharin g: Capital contributions, including equipment: Other applicab le 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 Paya ble and Rece ivable): Management deci sions: a. Estimatin g - - - ------------------------------------------- b . Marketing and Sa les ---------------------------------------------- C. Hiring and Firing of manageme nt personnel -------------- - - - ------------------------ - - - -- 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 M/WBE 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 V enture Paqe 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and exp lain the terms and operation of the joint venture. Furthermore , the undersigned shall agree to provide to the j oint venture the stated scope of work, decision-making responsibi lities 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 tennination 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 au thorized representatives of the City of Fort Worth . Fai lure to comply with this provision shall res u lt in the tennination of any contract, which may be awarded under the provisions of this joint venture 's eligibility and may initiate action under Federal , State and/or Local laws/ordinances conc erning false __ statements or willful misrepresentation of facts . ______________ --------------------------------------------------------------------------------- Name ofM/WBE fir m Name of non-M/WBE firm Printed Name of Owner Printed Name of Owner Si gnature of Own er Signature of Owne r Printed Na me of Own er Prin ted Name of O wner Si g nature of Owner Si gnature of Owner Title Title Date Date N ota rizatio n 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 Pu blic ______________________ _ Print Name Notary Public _______________________ _ Signature Commission Expires _______________________ _ (seal) Rev . 5/30/03 4. Bid Package TO: MR. THOMAS HIGGINS Interim City Manager Fort Worth, Texas PROPOSAL FOR: DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT RIVERSIDE WASTEWATER TREATMENT PLANT City Project No.: WTR-2010-200051 Pursuant to the foregoing "Notice to Bidders," the undersigned has examined the plans , specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. If required by this project, Contractor must be pre-qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated for the following sums , to wit: Total quantities given in the bid proposal may not reflect actual quantities, by represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. Within ten (10) days after notification by the City of Fort Worth, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. If as a requirement of this project, the undersigned bidder certified that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects, and that they have read and thoroughly understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans . The undersigned assured that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction with ten (10) calendar days after issue of the work order and to complete the contract within 180 days after beginning construction as set forth in the written work order to be furnished by the Owner. (Circle and complete A or B below, as applicable) A . The principal place of business of our company is in the State of _T_ex_a_s ______ _ a. Nonresident bidders in the State of , our principal place of business, are required to be __ percent lower than resident bidders by state law. A copy of the statute is attached. b. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Respectfully s By: Title : Company: Address: President AUi Contractors, LLC 4775 North Freeway Fort Worth, TX 76106 DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT DESCRIPTION OF ITEMS WITH BID PAY ITEM APPROXIMATE QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID Traffic Control Plan Five Thousand 1 1 LS Dollars and ...lfil:Q__ Cents per LS $5,000.00 $5,000 .00 Storm Water Pollution Prevention Plan Fifteen Thousand Dollars 2 1 LS and zero Cents per LS $15,000.00 $15,000.00 Mobilization Two Hundred Forty Five Thousand Dollars and zero 3 1 LS Cents per LS $245,000 .00 $245,000.00 Clearing and Grubbing Forty Five Thousand Dollars and...lfil:Q__ Cents 4 1 LS per LS $45,000.00 $45,000.00 Digester Lid Removal and Demolition One Hundred Fortv Two Thousand Dollars and ...lfil:Q__ Cents 5 1 LS per LS $142,000.00 $142,000.00 Transportation of Metal Roofs for Recycling Ten Thousand Dollars 6 1 LS and ...lfil:Q__ Cents per LS $10,000.00 $10,000.00 Transportation of Uncontaminated Roof Debris & Concrete (Class 2 Nonhazardous Construction and Demolition Debris) to CSC Disposal Thirty Dollars and ...lfil:Q__ Cents per 7 960 TON TON $30.00 $28,800.00 Disposal of Uncontaminated Roof Debris & Concrete Fifteen Dollars 8 960TON and Fifty Cents per TON $15.501 $14,880.00 Sample Collection (Liquid and Solid Samples) Fifty Five Dollars and 9 218 SAMPLES zero Cents per SAMPLE $55 .00 $11,990.00 PCB Analysis Ninety Dollars and 10 138 SAMPLES zero Cents per SAMPLE $90.00 $12,420.00 Total RCRA Metals Analysis Ninetv Dollars and ...lfil:Q__Cents per 11 138 SAMPLES SAMPLE $90.00 $12,420.00 TCLP RCRA Metals Analysis One Hundred Twenty Dollars and~ 12 80 SAMPLES Cents per SAMPLE $120.00 $9,600.00 DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT DESCRIPTION OF ITEMS WITH BID , PAY ITEM APPROXIMATE QUANTITY PRICES WRITIEN IN WORDS UNIT PRICE AMOUNT BID r Total Cu/Ni/Zn Analysis Thirtv Five Dollars and zero Cents per 13 58 SAMPLES SAMPLE $35 .00 $2 ,030.00 Cyanide Analysis Forty Dollars and 14 58 SAMPLES zero Cents per SAMPLE $40.00 $2 ,320.00 voe Analysis One Hundred Ten Dollars and zero Cents per 15 8 SAMPLES SAMPLE $110 .00 $880.00 SVOC Analysis Two Hundred Forty Five Dollars and ~Cents per 16 8 SAMPLES SAMPLE $245.00 $1,960.00 Herbicide/Pesticide Analysis Two Hundred Ninety Dollars and zero 17 8 SAMPLES Cents per SAMPLE $290 .00 $2,320.00 TCLP VOC/SVOC/Herbicide/Pesticide Analysis Seven Hundred Forty Dollars and ~Cents per 18 8 SAMPLES SAMPLE $740 .00 $5,920.00 Aqueous Sludge/Liquid Removal, Treatment, and Disposal Zero Dollars and Twenty Five Cents per 19 600,000 GAL GAL $0 .25 $150,000.00 Solid Sludge Mixing, Stabilization and Excavation Twenty Five Thousand Dollars and zero Cents 20 8 DIGESTERS per DIGESTER $25,000 .00 $200,000.00 Class "F" Flyash Forty Nine Dollars 21 7,000 TONS and zero Cents per TON $49.00 $343,000.00 Transportation of Stabilized Solid Sludge/Contaminated Debris to Disposal Site Twenty Seven 22 30,000TONS Dollars and ~ Cents per TON $27.00 $810,000.00 Stabilized Sludge/Contaminated Debris Disposal {TSCA Regulated, Nonhazardous waste with PCBs > 50 ppm) Eighty Dollars and Twentv-five 23 30,000 TONS Cents per TON $80.25 1 $2,407,500.00 DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT IA DESCRIPTION OF ITEMS WITH BID PAY ITEM APPROXIMATE QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID Pr essure Clean Digesters and Treatment of Decon t am i nati o n Liqu ids Five Thousa nd Doll ars and 24 8 DIGESTERS zero Cents per DIGESTER $5 ,000 .00 $40,000.00 Plugging of Digester Pipes One Thousand Dollars and ..E.[Q__ Cents 25 9 DIGESTERS per DIGESTER $1 ,000.00 $9,000.00 6-Foot Chain Link Fencing and Gates Fourteen Do ll ars and ..E.[Q__ Cents 26 1,975 LF per LF $14.00 $27,650 .00 Disposal of Personal Protect ive Equipment One Hundred Twenty 27 50 Drums Five Dollars and zero Cents per TON $125 .00 1 $6,250.00 Demolition of Digester Basins , Control Rooms and Associated Piping Two Hundred Twenty Thousand Dolla rs and ..E.[Q__ Cents 28 1 LS per LS $220,000 .00 $220,000.00 Class 3 Earth Fil l ...Tun_ Dolla rs and 29 11,150 CY zero Cents per CY $10.00 $111,500.00 Class 12 Earth Fill ..£jyLDollars and 30 1,600 CY zero Cents per CY $5.00 $8,000.00 DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT TOTAL AMOUNT OF BASE BID ITEMS (ITEMS 1 through 30) $4,900,440.00 1 See Pr icing Commitment Letter dated March 29, 2011 from Republic Services , Inc . (Appe ndix B) r PAY ITEM 31 32 33 ALTERNATE BID -DEMOLITION, REMOVAL AND DISPOSAL OF DIGESTER TANKS AND CONTROL ROOMS -ADD ITEMS DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT APPROXIMATE DESCRIPTION OF ITEMS WITH QUANTITY BID PRICES WRITTEN IN WORDS UNIT PRICE Offsite Borrow -Class 3 Earth Fill Nineteen Dollars and zero 14,900 CY Cents per CY $19 .00 Offsite Borrow -Class 12 Earth Fill Twenty Five Dollars and 1,600 CY zero Cents per CY $25 .00 Seeding Nine Thousand Dollars 3.5 AC and zero Cents per AC $9,000.00 DIGESTER SLUDGE REMOVAL, TREATMENT AND DISPOSAL PROJECT AT FORMER RIVERSIDE WWTP CLOSURE PROJECT TOTAL AMOUNT OF ALTERNATE BID ITEMS (ITEMS 31 through 33) AMOUNT BID ' $283,100.00 $40,000.00 $31,500.00 $354,600.00 5. General and Special Conditions - r . PART C-GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS Cl-1 DEFINITIONS Cl-1.1 Definition of Tenus Cl-1.2 Contract Documents Cl-1.3 Notice to Bidders Cl-1.4 Proposal Cl-1.5 Bidder C 1-1.6 General Conditions Cl-l.7 Special Conditions C 1-1.8 Specifications C 1-1.9 Bonds Cl-l.LO Contract Cl-1.11 Plans Cl-1.12 City Cl-1.13 City Council Cl-1.14 Mayor Cl-l.15 City Manager Cl-1.16 City Attorney Cl-1.17 Director of Public Works Cl-1.18 Director, City Water Department Cl-1.19 Engineer Cl-1.20 Contractor Cl-1.21 Sureties Cl-1.22 The Work or Project Cl-1.23 Working Day Cl-l.24 Calendar Days C l-1.25 Legal Holidays Cl-1.26 Abbreviations Cl-l.27 Change Order Cl-1.28 Paved Streets and Alleys Cl-l.29 Unpaved Streets or Alleys Cl-1.30 City Street Cl -l.31 Roadway Cl-1.32 Gravel Street C2-2 INTERPRET A TlON AND PREP ARA TlON OF PROPOSAL C2-2. l C2-2.2 C2-2.3 C2-2.4 Proposal Form interpretation of Quantities Exami11ation of Contract Documents and Site of Project Submitting of Proposal (I) Cl-1 (1) Cl-1 (1) Cl-1(2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) C 1-l (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-I (4) Cl-1 (4) Cl-I (5) Cl-1 (5) Cl-1 (6) Cl-1 (6) Cl-1 (6) Cl-l (6) C2-2 (1) C2-2(1) C2-2 (2) C2-2 (2) C2 -2.5 Rejection of Proposals C2-2 (3) C2 -2.6 Bid Security C2 -2 (3) C2 -2.7 Delivery 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 Pub[jc Opening of Proposal C2 -2 (4) C2-2.l l liTegular Proposals ,· C2-2 (4) .. C2 -2.12 Disqualification of Bidders C2 -2 (4) C3-3 AW ARD AND EXECUTION OF DOCUMENTS: C3 -3.l 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 (I) C3 -3.4 Withdrawal of Proposals C3-3 (1) ~ C3-3.5 Award 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 Failme to Execute Contract C3-3 (3) C-3-3.10 Beginning Work C3-3 (4) C3 -3 .l 1 insurance " C3-3 (4) C3 -3.12 Contractor's Obligations . ' C3-3 (6) \. C3-3.13 Weekly Payrolls C3-3 (6) C3 -3.14 Contractor's Contract Admin istration C3 -3 (6) C3 -3.15 Venue C3 -3 (7) ' ' \ C4-4 SCOPE OF WORK C4 -4.l Intent of Contract Documents C4-4 ( l) C4-4.2 Special Provis ions ''\; C4 -4 ( 1) C4-4.3 increased or Decreased Quantities C4-4 (I) C4-4.4 Alteration of Contract Documents C4-4 (2) C4 -4.5 Extra Work C4-4 (2) C4 -4.6 Schedule of Operation C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer P lant Facilities C4-4 (4) C5-5 co TROL OF WORK AND MATERIALS CS -5.1 Aut hority of Engineer C5-5(l ) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (1) C5 -5.4 Cooperation of Contractor C5-5 (2) CS -5.5 Emergency and /or Rectification Work C5-5 (2) CS-5 .6 Field Office CS-5 (3) CS-5.7 Construction Stakes C5-5 (3) (2) C5-5.8 C5-5.9 C5-5. l0 C5-5. l l C5-5.l2 C5-5.l3 C5-5.14 C5 -5.15 C5-5.16 C5 -5.l 7 C5-5.18 C6-6 C6-6.l C6-6.2 C6-6.3 C6 -6.4 C6 -6.5 C6-6.6 C6 -6.7 C6-6.8 C6-6.9 C6-6 . l0 C6.6.l l C6 -6.12 C6-6 .13 C6-6.14 C6-6 . l5 C6-6. l6 C6-6. l 7 C6 -6 . l8 C6-6.19 C6 -6.20 C6-6.21 C7 -7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7 .5 C7-7.6 C7-7.7 C7-7 .8 Authority and Duties of City Inspector Inspection Removal of Defective and Unauthorized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities Interruption of Service Mutual Responsibility of Contractors Clean-Up Final Inspection LEGAL RELA TlONS AND PUBLIC RESPONSlBILITY 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, W amings and Flagmen C6-6 (3) Use of Explosives , Drop Weight, Etc. C6-6 (4) Work Within Easements C6-6 (5) Independent Contractor C6-6 ( 6) Contractor's Responsibility for Damage Claims C6-6 (6) Contractor's Claim for Damages C6-6 (8) Adjustment or Relocation of Public Utilities , Etc . C6 -6 (8) Temporary Sewer and Drain Connections C6-6 (8) Arrangement and Charges for Water Furnished by the City C6-6 (9) Use of a Section or Portion of the Work C6-6 (9) Contractor 's Responsibility for the Work C6-6 (9) No Waiver of Legal Rights C6-6 (9) Personal Liability of Public Officials C6-6 (10) State Sales Tax C6-6 (10) PROSECUTlON AND PROGRESS Subletting Assignment of Contract Prosecution of The Work Limitation o f Operations Character of Workmen and Equipment Work Schedule Tim e of Commencement and Comple tion Extension of Time Completion (3) C7-7(l) C7-7(l) C7-7(l) C7-7 (2) C7-7 (2) C7-7 (3) C7-7 (3) C7-7 (3) ; i • ... ,.-' C7-7 .9 Delays C7-7 (4) A' 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 .17 Safety Methods and Practices ~ C7-7 ( 11) C8-8 MEASUREMENT AND PAYMENT -. , .. C8-8.l Measurement Of Quantities ¥ C8-8 (I ) C8-8.2 Unit Prices C8-8 ( 1) C8 -8.3 Lump Sum C8-8 (l) C8-8.4 Scope of Payment C8 -8 (1) C8-8.5 Pai1ial Estimates a nd Reta inage t C8-8 (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 C8-8 (4) C8-8.l.O General Guaranty C8 -8 (4) ,. C8-8 .ll Subsidiary Work C8 -8 (4) I;. C8-8.12 Miscellaneous Placement of Material ,J CS-8 (4) ~ C8-8 . I 3 Record Documents CS-8 (4) .. ,. ./ I' ' '· J . ~ y ' ,, .,. -,, - " '" ' .. , ' . . ~ .. ~~ .. ., • t ~' .l < ,, ~ 1 . ''• " ,. . .. :;. ~ ~ • ,· ~ . C : ... ,...J . z:; j . , •' r. .• ~ (4) PART C-GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl -1 DEFINITIONS Cl-1. l 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 perfonnance 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 -SPECCAL CONDITIONS PART E -SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS PART G -CONTRACT (Sample) (Sample) (CITY) (Developer) White White Canary Yellow Brown Green El-White E2-Golden Rod E2A-White Blue (Sample) White (Sample) White b . SPECIAL CONTRACT DOCUMENTS : The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items : PART A -NOTICE TO BIDDERS (Advertisement) White SPECfAL INSTRUCTION TO BIDDERS White PART B -PROPOSAL (Bid) White M /WBE BID SPECIF I CA TIO NS Golden Rod PART C -GENERAL CONDITIONS Canary Yellow PART CS-SUPPLEMENTARY CONDITIONS Green PART D -SPECIAL CONDITIONS Green PART E -T ECHNICAL SPECIFICATIONS White PERMITS /EASEMENTS (Some Permits are Multicolored) White PART F -BONDS AND INSURANCE White PART G -CONTRACT White PART H -PLANS/FIGURES (may be bound separately) White Cl-I (1) C 1-l.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furni shed direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. CI-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Ownei: 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. C 1-1.5 BIDDER: Any person, persons , finn, 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. C 1-1.6 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 charte r and promulgated ordinances. Whenever there may be a conflict between the General Conditions and the Special Conditions, the latter shall take precedence .. C l-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 pa1t 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 s pecifications, regulations , requirements , statutes , etc., such refetTed to documents shall become a part of the Contract Documents just as though they were embodied therein . C l-1.9 BONDS: The bond or bond s are th e written g uarantee or security furnished by the Contractor for prompt and faithful perfonnance of the contract and include the followin g: a . Performance Bond (see paragraph CJ-3.7) b. Payment Bond (see pa rag raph C J-3 .7) c . Mainten a nce Bond (see paragraph C J-3 .7) d . Proposal or Bid Security ( ee Spec ial instructions to Bidders , Part A and C2-2 .6) C l-I (2) <. Cl -1.10 CONTRACT: The Contract is a fonnal 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-1.1 l PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles , typical cross-sections, layout diagrams , working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. Cl-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties . Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl -1.14 MAYOR: The official ly elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl -1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative . C 1-1.17 DIRECTOR OF TRANSPORATlON AND PUBLIC WORKS: The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, or his duly authorized representative, assistant, or agents. C 1-1.17 A DIRECTOR OF ENGINEERING: The officially appointed Director of the Department of Engineering of the City of Fort Worth , referred to in the charter as the City Engineer, or his duly authorized representative assistant , or agents . Cl-l.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-l.19 ENGINEER: The Director of the Fort Worth Department of Engineering, the Director of Fort Worth Transportation and Public Works Depatiment, the Director of the Fort Wo1ib Water De partment, or their duly authori zed assistants , agents , engineers , inspectors , or superintendents , acting within the scop e of th e particular duties entrusted to them . CL-L (3) . •. . ' " . C 1-1.20 CONTRACTOR: The person, person's , partnership, company, firm , association, or corporation, entering into a contract with the Owner for the execution of work, acting 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 pennitted 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 i Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July4 First Monday in September Fourth Thursday in November Forth Friday in November December 25 ·'' When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar as the holiday . Cl-1.26 ABBRE V[ATlONS : Whenever the abbreviation$ defined herein appear in the Contract Documents , the intent and mea ning shall be a s follows: C l-1 (4) ·, AASHTO -American Association of State MGD Million Gallons Highway Transportation Officials per Day ASCE American Society of Civil CFS Cubic Foot per Engineers Second IAW In Accordance With Min. Minimum ASTM American Society of Testing Mono. Monolithic Materials % Percentum AWWA American Water Works R Radius Association l.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.l. 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 Orde_rs " shall be prepared by the City from infonnation 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 unimpro'ved 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-l.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for "Paved Streets and Alleys." CI-J (5) Cl-1.30 CITY STREET: A city street is defined as that area between the right-of-way ;s-, lines as the street is dedicated . Cl-1.3 l ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four ('4) feet back of the average edge of pavement where no curb exists. < ' Cl -1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made . • .. , . • > 'I ' t' ,, ·t .. ' ,J C L-l (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 Bidder shall furnish a Financial Statement, Equipment Schedule, and Experience Record, all of which must be properly executed and filed with the Director of the Water Department one week prior to the hour for opening of bids. Information shall be on forms provided by the Bidder and acceptable to the City. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid pennit 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 (l 0) 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 finn 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 lNTERPRET A TION 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 perfom1ed 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 ( l) f C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SlTE OF PROJECT: Bidders are advi sed that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish . All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the fon:n 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 a nd 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 informa tion 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 exclu s ively and solely upon their own e stimates , investigation, research , tests , explorations , and other data which are necessary for full and complete infonnation upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prirna-facie evidence that the bidder ha s made the investigation , examinations and tests herein required . Claims for additional compensation due to variations between conditions actually encountered in construction and a s indicated in the Contract Documents will not be allowed except for changes in the s ite conditions caused by factor s outside of the control of the Contractor which occur after the Contractor's inspection and prior to installation. 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 Eng ineer guarantee that the data shown is representative o f conditions which actually exist. C2-2.4 SUBMJTTING OF PROPOSAL: The Bidder shall submit his Proposal on the fonu furni she d by the Owner. All blank s pace s applic a ble to the project contained in the 1 fom1 s hall be correctly filled in and th e Bidd e r s hall state the pric es, writte n in ink in both ' word s and nume ral s , for which he propo ses to do work c onte mpl a ted or furnish th e material s required . All such price s s ha ll be writte n legibly . ln ca se of di screpancy between price written in words and th e price writte n in nume ral s, the price most advantageous to the City shall govern. If a propo sa l is submitted by an indivi.dual hi s or he r na m e mu s t be s ig ned by him (her) or his (her) dul y a uthoriz ed a gent. l f a propo sal is submitted by a firm , a ss ociation , or partn e rship , th e na me and addre ss o f eac h m e mb e r o f th e fim1 , asso ci a ti o n, or partn e rs hip , or b y pe rson dul y a uthori zed. lf a prop osa l is s ubmitte d b y a c ompa ny o r c orpo ration, th e C2 -2 (2) 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 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: Propo sals 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 pi:oposal will be considered unless it is delivered , accompanied by its proper Bid Security and other required material , to the Purchasing Manager or his representative at the official location and stated time set forth in 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 designated in the "Notice To Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box L 7027, Fort Worth , Texas 76102." C2-2 .8 WITHDRA WLNG PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for the opening of proposals. A reque st 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 request s have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODffICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic conununication at any time prior to the time set for openin g proposals , provided such telegraphic communication is received by th e Purcha s in g Mana ger prior to th e said propo sal opening time , and provid e d furth e r, that the City Manager is satisfi e d th a t a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the propo sal op e ning time. Lf s uch confirmation is not receive d within forty-ei g ht C2-2(3 ) ,,, -. •,., ( 48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2 .10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders ." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids . C2-2. l l IRREGULAR PROPOSALS : Proposals shall be considered as "lnegular" 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) e) f) The bidder being in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work j f awarded . h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposal s the following: l. 2 . 3. Financial Statement showing the financial condition of tl1e bidder as specified in Part "A" -Special Instructions A current experie nce record showing especially the projects of a nature similar to th e one under consideration, which have been successfully completed by the Bidder. An equipment sch edule s howing the equipment the bidder has a vailable for use o n th e project. C 2-2 (4) ' . ' The Bid Proposal of the bidder wbo, in the judgment of the Engineer, under the requirements stated herein, shall be set aside and not opened . ~ . •: " "''' ·, '~ s'"~ . ,~ ,~ -~ , ' \. ,.. "' .. '~ ' ' ,, .. IS t '!. .... l . . . • ~ . ,, ~ .. ,, '{ ' . "' .. '. " . , 'i ' . .• C2-2(5) ?"1~ i :.~ ;. disqualified _,., ~ '\ ' .. , . ·' \ ., /' I • PART C -GENERAL CONDITIONS C3-3 AW ARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 .l CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents . The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid . Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities , to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY AND WOMEN BUSINESS ENTERPRlSES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTORJSUPPLIER 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 infonnation 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 neg ligent 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 mis representation facts ( other than a neg] igent misrepresentation) and /or commission of fraud will result in the Contractor being C3-3 (l) detennined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 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 WlTHDRA WAL 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. 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 the period stated for the duration of the Bid Security stated in the Notice to Bidders or 90 days, whichever is shorter. 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 SECURlTIES: As soon as proposed price totals have been detennined 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 Secreta1y. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to , and file with the owner in the amounts herein required, the following bonds : a . PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other pe rsons 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 C3-3 (2) ,. t f b. C. the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. MAINTENANCE BOND: A good and sufficient maintenance bond, in_ the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8. l 0. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56 111 Legislature, Regular Session , 1959, effective April 27, 1959, and /or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made . d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. 1n 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 ce11ificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. Each bond shall be properly executed by both the Contractor and the Bonding Company. Should any surety on the contract be detennined 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 rnade 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 (IO) days after the Owner has appropriate resolution , or otherwise, awarded the contract , th e C ontractor s hall execute C J-3 (3) 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 A ward. 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 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 tenned "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (l 0) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.l l 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 and certificates of insurance shall be delivered to the Owner (City of Fort Worth , Contract Administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth , Texas 76 l 02) prior to commencement of work on the contract project. 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 . The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of C3-3. l l are met for all subcontractors . Failure of the Owner to request required documentation , shall not constitute a waiver of the insurance requirements specified herein. The Contractor's liability shall not be limited to the specified amounts of insurance required herein . C3-3 (4) < • . . ' ' ., '~ a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of thi s contract, Worker 's Compensation Insurance on all of his employees to be engaged in work on the proj ect 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 s uch of his employees not so protected . Worker's compensation insurance covering employees in the project site shall be indorsed with a waiver of subrogation providing rights of recovery in favor of the OWNER. b. COMMERJCAL GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the Life of this contract, General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500 ,000 covering each occurrence/aggregate on account of bodily injury, including death , and in a n amount not less than $500,000 covering each occurrence/aggregate on account of propetty damage with $2 ,000 ,000 umbrella policy coverage . Certificates of ins urance shall state that Insurance is on an "occurrence" basis . Certificate shall al so contain a sta tement that no exclusions by endorsement have been made to the Commercial General Liability Policy. C. ', ADDITIONAL LlABILITY: The Contractor shall furnish insurance as a separate policies or by addition a l endorsement to one of the above-mentioned policies, and in the amount a s set forth for public liability and property damage , the following insurance: 1. Contin gent Liability ( covers General Contractor's Liability for act s o f sub- contrac tors). ' . 2 . Blasting, prior to a ny bl as tin g bein g done . 3. Collapse of buildings or structures adjacent to excavation (if e xcavation are performed adjacent to same). 4 . Damage to underground utiliti es for $500 ,000. " . 5. Builder's ri s k (wh e re a bov e -ground s tructures are involved). 6. Contractual Liability (covers a ll indemnification requirements of Contract). The City, it s o ffice s, employees and servants s hall be e ndorsed as additional insured on C ontractor 's ins uranc e policies excepting employer's liability insura nce cov e rage und e r C ontractor's worker 's compensation in s urance policy . C ontractor's in s uranc e policies shall be indorsed to provide th a t s uc h ins ur a nc e is primary protec tion and a ny se l [- fund ed o r comme rci a l coverage ma in ta in _ed by the OWN ER shall not be ca ll ed upon to contribu te to loss recovery. CJ -3 (5) •' ,. .: d. 7. When required by the Contract Documents, Environmental Impairment Liability Coverage must be provided in the limits of $1,000,000 per occurrence and $2,000,000 annual aggregate. The Environmental Impairment Liability (EIL) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emissions, and clean-up costs. The EIL coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. EIL for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s). 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 aggregate on account of one accident, and automobile property damage insurance in an amount not less than $100,000 aggregate. e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) Other than Worker's Compensation Insurance, in lieu of specified insurance, the City may consider alternative coverage or risk treatment mea s ures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. h . DEDUCTIBLE LLMlTS. The deductible limits or self-funded retention limits, on each policy must not exceed $10 ,000 per occurrence unless otherwise approved by the City. INSURANCE COMPANY: The insurance company with whom the Contractor's insurance is written shall be authorized to do bu s iness in the State of Texas and C3-3 (6) ,l • f shall have a current A.M. Best Rating of "A :Vll" or equivalent measure of financial strength and solvency. 1. NOTIFICATION. During the lifetime of this contract, the Contractor shall notify the ENGINEER in writing, of any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss . J . CANCELLATION: Insurance shall be endorsed to provide the City with a minimum of thirty days notice of cancellation, non-renewal and/or material change in insurance policy tenns or coverage. A minimumlO day notice shall be acceptable in the event of non-payment of insurance premium to msurance company. CITY RESPONSIBILITIES. The City shall not be responsible for direct payment of insurance premium costs for Contractor's 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, finn , 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 busin.ess office within the Fo rt 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 a ll business actions required in the performance of the Contract. This local authority sha ll 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 ad mini strative or other wise and as such shall be empowered, thus delegated a nd 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 secur ity coverage for the project. Such local authority for the administration of the work under the Contract s hall be maintained until all business transactions executed as part of the Contract are complete. C3-3 (7) 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 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 perfonn 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 (8) \ I SECTION C4-4 SCOPE OF WORK PART C-GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.l INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is 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 pa11 of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTLTIES: 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 r.evised 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 sanitar.y 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 (L) t 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 cun-ent 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 l O 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 fonn 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. 111 case any orders or instructions, either oral or written , appear to the Contractor to involve Ex.tra 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 ) ' . ~ - ,. I: ' ' ' . ' ' ' ·, Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer ins ists 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 w01:k 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 pennanent 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, wh ether said costs are known , unknown, foreseen or unforeseen at that time, including without Limitatiou, 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 SCHEDULE OF OPERATION : Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticieated progress of construction with the time being plotted hori z o11tally and percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2 " x 11" sheets and at least five black or blue line prints sl1all be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER.AND SEWER PLANT FACILITIES: Withit1 ten ( 10) days prior to submission of the first monthly progress payment, the Contractor shall prepare and submit to the owner for approval six copies of tbe schedule in which the Contractor proposes to carry on activities (including procurement of materials , plans , and equipment) and tb e conte mplated dates for completing the same. The schedul e s hall be in the fonn o f a time schedul e Critical Path Method (CPM) network diagram. As the work progresses , the Contractor shall enter on the diagram the actual progress at the end of each partial payment pe riod or at s uch intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Engineer. As a minimum , the construction schedul e sha ll incorpora te all work elements and activities indicated in the proposal and in th e tec hni c al s pecifications. C4-4 (3 ) '- ' ' Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a . Milestone dates and final project completion dates shall be developed to confom1 to the time constraints , sequencing requirements and completion time. b. The construction progress shall be divided into act1v1t1es with time durations of approximately fourteen days (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. c . Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e . Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f . Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fou11een (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section . For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. l. Preparation and trans mittal of submittals 2. Submittal review periods. C4-4 (4) " ~ ' ,. ~ "' ,, , ~ .. " 3. 4. 5. 6. 7 . 8 . ' ll-"'t~ I-9. . > Shop fabrication and delivery. ' . ' Erection or installation. Transmittal of manufacturer's operation and maintenance instructions. lnstalled equipment and materials te sting . Owner's operator instruction (if applicable). Final inspection. · , , Operational testing. T ' ' If, in the op10ton of the Owner, work accomplished falls be hind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition , the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the con.tract time . l f the owner finds the proposed plan not acceptable , he may require the Contractor to increase the work force , the construction plant and equipment, the number of work shifts or overtime operatio11s without additional cost to the Owner. Failure o f the Contractor to comply with these requirements s hall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with diligence a s will insure its completion witnirr the time specified. , , r • , t C4-4 (5) ,• PART C -GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5 -5.l AUTHORITY OF ENGINEER: The work shall be perfonned 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 perfonned, 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 responsib le for Contractor 's failure to perfonn the work in accordance with the contract documents. The Engineer shall detennine the amount and quality of the work completed and materia ls furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time , upon written request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades , cross-sections, finish, and dimensions shown on the plans or any other requirements other wise described in the Contract Documents . Any deviation from the approved Contract Documents required by the Engineer durin g 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 a s binding as though it occurred in all sections . Ln case of discrepancies , fi g ured dimension shall govern over scaled dimensions , plans s ha ll govern over specifications , speci a l conditions shall govern over general conditions and standard specification, and quantitie s shown on the plans shall govern ove r tho se shown in the propo sal. The Contractor shall not take advantage of any apparent error or omi ss ion in the C5 -5 ( L) Contract Documents , and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall inunediately call this condition to the attention of the En g ineer. 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. CS-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times , one set of such Contract Documents . The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor 's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives . Pursuant to this re s pons ibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor 's a gent 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 repres e ntative of th e Contractor to adequately provide for the safety or convenience of the trav e ling public or the owners of property acros s which the project extends or the safety of th e property contiguous to the project routing. The Contractor shall provide all facilitie s to enable the E ngineer and his inspector to examine and inspect the workmanship and material s entering into the work. C5-5 .5 EMERGENCY AND /OR R ECTlflCATJON WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exis ts related to any part of the work , the Contractor, or the Contractor throu g h his des ignated re pre sentative , shall respond with di s patch to a verbal requ es t made by the Owner or Eng ineer to alleviate th e emergency condition . Such a respon se shall occur day or ni ght , whether the project is scheduled on a calendar-day or a workin g -day ba s is. Should th e Contractor fail to res po nd to a re qu es t from th e Eng ineer to re ctify a ny di screpancies, omi ss ions , or correction nece ss ary to confonn with the requirem e nt s of th e project s pecifications or plans , the Eng in ee r sha ll g ive the Contractor written notice that such work or chan ges are to be pe rform e d. Th e writt e n noti ce s ha ll dire c t att e ntion to th e C 5-5 (2) discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours , the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. CS-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather proof, so that documents will not be damaged by the elements. 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 materia ls 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 wi ll not relieve the Contractor from any obligation to perfonn 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 Lnspector will not, however, be a uthorized 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 o f 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 tb e Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City In spector or Engin eer when the same are consistent with the obligations of tbe Contract Documents of the Contract Documents , provided , however, s hould the Contractor object to any orders or inst ructions or the C ity inspector, the Contractor may within six days make written appeal to the E ngi neer 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 tbe work as performed is in accordance with the requirements of the Contract Documents. If the E ngine e r so reque sts, th e Contractor shall, at any time before acceptance of the work, remove or uncover s uch portion of the fini s hed work as may be directe d. After examination, the Contractor shall restore sai d portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, tbe uncovering or removing and repl ac ing of the covering or makin g goo d of the parts removed s hall be paid for as extra work, but should Work so exposed or exam in e d pro ve to be un accepta ble , the uncovering or removing and replacing of all adjacent defective or dam aged pa rts shall be at tbe Contractor's expense. No work shall b e done or materials used without s uitable s up e rv ision or ins pection. CS-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK:All work, materials , or equipment which h as been rejected shall be remedied or removed and replaced in a n acce ptabl e manner by the Co ntractor at thi s ex pense . Work done beyond the lin es and grades given or as shown on th e plans, exce pt as here in s pecially provid e d , or any Extra Work don e without written authority, w ill be considered as unauthori zed and done at the expense of the Co ntractor and will not be paid for by th e Owner. Work so done may be ordered removed at the Contractor's expense . Upon the failure on the part of the Contrac tor to comply with any o rd er of the Engin ee r m a de und er the provi sio ns of this paragraph , the Engineer will have th e authority to cause de fect ive work to be remedied or removed and re plac e d a nd un a uthorized work to be removed, and the cost thereof may be d e ducte d from any money due or to become due tot he Co ntractor. Failure to require the removal of any d efectiv e or unauthori zed work shall not constitute accep tance of s uch work . CS -5 . l l SUBSTITUTE MATERIALS OR EQ UIPMENT : If the Specifications , law , ordinance, codes or regulation s pe rmit Contractor to furnish or us e a s ubstitute that is equ a l to a ny m ate ri a l or eq uipme nt spec ified , and i.f Contra ctor w ish es to furni s h or use a propo sed s ub stitu te, he s hall , prior to the preconstruction conference, m ake written ap plication to ENG IN EE R for approval of s uch s ub s titute certifying in writing th a t th e proposed s ub stit ut e w ill perform adequate ly the function called for b y the genera l des ig n, be s imil a r and of e qu a l s ub stance to that s pecified and be su ited to th e sa m e use and C5-5 (4) > '.I. capable of perfonning the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold hannless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims, damages , losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. CS-5.12 SAMPLES AND TESTS OF MATERIALS: Where, 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 by the Contractor unless otherwise specifically provided for in the Technical Specifications. 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 pennission 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. 1n case of concrete , the aggregates , design minimum, and the mixing and transpotiing equipment shall be approved by the Engineer before any concrete is placed , and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents . Tests shall be made at least 9 days prior to the placing of concrete , using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. CS-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platfonns or other hard, clean durable s urfaces 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 . l4 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 location s on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilitie s . The location of m a ny gas mains , water mains , conduits , sewer lines and service lines for C5-5 (5) all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision of which is not made in these Contract Documents; in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service Unes 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. Nonna! Prosecution: 1n the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3. .. , In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's door knob. The tag shall be durable in composition, and in large bold letters shall say: CS-5 (6) . ,,, . ,. "NOTICE" Due to Utility Impro vement in your neighborhood, your (water) (sewer) service will be interrupted on ----- between the hours of and ---- This inconvenience will be as short as possible. Thank You, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5. l6 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 s ustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim. C5-5. l 7 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 fai ls to cotTect 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 comp letion of the project as a whole as covered by these Contract Documents , and before final acceptance and fina l payment wi ll be made , the Contractor shall clean and remove from the site of the project all s urplu s and discarded materials, temporary structures , and debris of every kind. He shall leave the site of al l work in a neat and orderly condition equal to that which origina ll y 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 s uch materials and equipment in a brig ht , clean , polished and new appearing condition . No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5 (7 ) '• f ,- f t l , CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up perfonned, 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. ·-' '•J , ' , , '• ; .. '' ( C5-5 (8) ,,. PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6. l LAWS TO BE OBSERVED:The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations , and shall observe and comply with all orders, laws, ordinances and regulations which exjst at the time of the Contract or may be hereafter exist during the performance of the Contract 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 pennits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. Contractors are responsible for obtaining all construction pennits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Department in accordance with the permit requirements and submit copy of updated schedule to the Engineer weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewei: access fees will be paid by the Water Department. Any other permit fees are the responsibility of the Contractor. 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 i_nfringed 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 ham1less on account of such suits. C6-6(1) . ~. ,, C6-6.4 SANITARY PROVlSIONS: The Contractor shal I 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 constrncted and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State 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 pha ses 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 atTangements 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 pennission 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 s hall be deducted from the monies due or to become due to the Contractor. The Contractor, afte r approval of the Engineer, shall notify the fire Department Headquarters , Traffic Engineer, and Police Depatiment, when any street or alley is requested to be closed or obstructed or any fire hydrant is to b e m ade inaccessible, and when so directed by the E ng ineer, s hall keep any street, streets , or hi g hways in condition C6-6(2 ) 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 . The Contractor shall at all times conduct his operation and use of construction m achinery 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 adj~cent 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 ass istance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at hi s 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 perfonning the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the pennits 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 prope11ie s. The Contractor will not be g ive n extra compensation for such railway crossings unle ss specifically set forth in the Co ntract Documents. C6-6(3) C6-6.8 BARRlCADES, WARNINGS AND FLAGMEN: 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, fence s, lights , and danger signals, shall provide such flagmen, and shall take all reasonable necessary for the protection o f persons or property and of the work as are necessary. Barrica des and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from , and vehicles from being driven on or into , any work under construction or being maintained . The Contractor shall furnish flagmen 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 Texa s Manual on Unifonn Traffic Control Devices for Streets and Highways'' is s ued 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 s ign which has been erected by the City. If it is detennined 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 s ig ns, 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. lf the temporary sign is not installed correctly or if it does not meet the required specification s, the permanent sign shall be left in place until the temporary si gn requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed , the Contractor s hall again conta ct the Sig ns a nd Markings Division to re-in s tall the permanent s ign and shall leave hi s temporary s ign in place until such re-installation is completed . The Contractor will be held respons ible foe a ll dam ag e to the work or the public due to failure of barricades , signs, fences , lights , or flagmen to protect them . Whenever evidence is found of such damage to the work th e Eng ine e r may order th e damaged po1tion immedi a tely removed and re pl aced by the Contractor at th e C ontractor's own expen se. The Contractor's responsibility for the maintenanc e of barricades , signs , fences and li g hts, and for providing flagmen s hall not cease until the project shall hav e be e n compl e ted and accepted by the Owne r. No compe n sation , except a s specifica ll y pro v id e d in the se Co n tract Documents, will b e paid to the Contractor for the Work a nd ma te ri a ls in vo lved in th e cons tructing, providin g, and maintainin g of barricade s, s ign s, fenc es , and li g hts or salaries of flagmen , for th e s ub sequ e nt removal and di s po sal of s uc h ba rric a des , s ig n s, or for any o the r incid e ntal s nec essary for th e prop e r prot ec tion , safety , a nd co nve rn e nc e of the publi c during th e C6-6(4) 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 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 C6-6(5) ... .<• misconduct in the manner or method or execution of the work, or at any time due to defective work, materjal , 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 bave 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 replacing and restoring as may be directed by the Owner, or he shall make good such damages or inju1y 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 condjtion upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances , and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6. lJ INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independe11t contractor, and not as an officer, agent, servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all work and services perfonned 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. C 6-6(6) C6-6.12 CONTRACTOR'S RESPONSlBILlTY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify the City' Engineer and Architect, and their personnel at the project site for the Contractor's sole negligence. 1n addition, the Contractor covenants and agrees to indemnify, hold harmless and defend at its own expense, the Owner, its officers, agents, servants, and employees, from and against all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise of, the work and services to be perfonned hereunder by the 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 the Owner, its officers, agents, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless Owner from and against any and all injuries to the Owner's officers, agents, servants, and employees, loss or destruction of property of the Owner: arising fonn the perfonnance of any of the tenns 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 the Owner, its officers, agents, servants, or employees In the event the Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until the Contractor either (a) submits to the Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides the Owner with a letter from the 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 perfonned under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation foe any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25 111 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 RELOCA TlON Of PUBLIC UTILlTlES, ETC.: Ln 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 C6-6(7) . . ~ " , .. ,. f, • !. ~ • . •. ' " 'i " t . "~ ' A • the geographical limits of the Contract foi; the purpose of making such changes or repairs to the property that may be necessary by the perfonnance 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. l6 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 Conti;actor 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 tbe City ordinance, or where no ordinances applies , payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provi s ions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use , due to defective C6-6(8 ) •, C ' . ,. .. 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 111JUnes or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6 .19 NOW 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 .20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: 1n carrymg out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise as they are agents and representatives of the City . C 6-6(9) . ,, ' . PART C -GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7 -7 PROSECUTION AND PROGRESS: C7-7.l SUBLETTING : The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject tot he same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7 -7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, or otherwise dispose of the contract or his rights , title , or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concun-ed in by the Sureties. lf 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 th e insolvency laws of any states, attempt to dispose of the contract may, at the op6on of th e 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 PROSECU TION OF THE WORK: Prior to beginning any construction operations, the Contractor shall submit to tbe 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 pro sec utin g th e work and ordering materials and equipment which he expects to fo ll ow in order to complete tbe 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 s hall commence the work to be performed und er thi s contract within the time limit stated in these Co ntract Documents and shall conduct the work in a continuous manner and with sufficie nt equipment, materia ls , and labor a s is necessary to insure its completion within the time limi t. C7 -7 (1) . ~ . ,, < < w 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 a pproval by the Engineer shall not relieve the Contractor from full re sponsibility 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 hi s 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 Eng ineer. All workmen shall have sufficient skill , ability, and experience to properly perfonn the work assigned to them and operate any equipment nece ss ary to properly carry out the performance of the as s igned duties. The Contractor s hall furnish and maintain on the work all s uch equipment as is considered to be necessary for the prosecution of the work in an acceptable marmer and at a satisfactory rate of progre ss . All equipment, tools , and machine ry used for handling materials and executin g any pa 1t of th e work shall be subjec t to th e approva l of the Engineer and shall be maintain e d in a satisfactory, sa fe and efficient workin g condition . Equipment on any portion of the work shall be such that no injury to th e work. Workmen or adjacent property will re s ult from its use. C 7-7(2) ' ' [ '· C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in Cl-l.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 'l 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 co1umence 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 abandomnent 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 TlME 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 tbe time alleged cause of delay shall occurred. Should an extension of the time of completi.on be requested such request will be forwarded to the City Council for approval. 1n adjusting the contract time for completion of work, consideration will be given to unfoi:eseen 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) I • . . . , .. ' 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. l0 TlME 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 s um per day g iven in the followin g schedule, unless otherwi se specified in other parts of the Contract Documents, will be deducted from the monie s due the Contractor, not as a penalty, but as liquidated dama ges suffered by the Own e r. C7-7(4) ,, . •, ~ '. ~ '. ' AMOUNT OF CONTRACT AMOUNT OF ~ LlQUIDATED ~ DAMAGES ' ' PER DAY Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15 ,000 jnclusive $ 45.00 $ 15 ,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210 .00 $ 500,001 to $ 1,000,000 inclusive $ 315 .00 $ 1,000,001 to $2,000,000 inclusive $ 420.00 $2,000,000 and over $ 630.00 The partjes hereto understand and agree that any ham1 to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that the "Amount of Liquidated Damages .Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.l l SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. . , C7-7.12 TEMPORARY SUSPENSIO : The Owner shall have the right to suspend the work operation wholly or in part for s uch pe riod or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interes t of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra payment for sta nd-by time of construction equipment an d /or construction crews. If it s hould become necessary to suspend work for an indefinite period , the Contractor s hall sto re all materials in such manner that they will not obstruct or impede the public unnece ssaril y nor become damaged in any way, a nd he shall take every precaution to preve nt damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary st ructures where necessary. Should the Contracto r not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Para grap h C7-7.8 EXTE SlON OF THETlME OF COMPLET LON , 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 detennined 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 th e termination shall be conditioned and based upon a final settlement mutually acce ptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which s hall 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 SUSPE NSION OR ABANDONMENT OF THE WORK AND ANNULME NT 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 En g ineer or the Contract may be declared canceled by the City Council for any good and s ufficient 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 Ord e r iss ued by the Owner. b . Substantial e vid e nce that pro g re s s of the work operations by the Contractor is ins ufficient to complete th e work within the s pecified tim e . C 7-7(6) l ··, ~. ' ' ' '. • >- '· c. Failure of the Contractor to provide and maintain sufficien t labor and e quipm e nt to properly exec ute the working operations. d. e. f. g. h. Substantial evidence that the Contractor has abandoned the work . Substantial evidence that the Contractor ha s become inso lvent or b a nkrupt, or otherwise financially unable to ca rry on th e work satisfac torily. Fai lu re on the part of the Contractor to observe any requirements o f the Contract Docume nt s or to comply with a ny orders given by the Engineer or Owner provided for in these Contract Documents. Failure of the Contractor promptly to make good any de fect in materials or workmanship, or any defects of a ny nature the correction of which bas bee n directed in writing by the Engineer or the O wner. Substantial evidence of collusion for the purpo se of ill egally proc uring a contract or perpetrating fraud on th e City in th e construction of work under co ntract. 1. A s ub stantial indication that the Contracto r has mad e an unauthorize d ass ignm e nt of the contract or any funds du e therefrom for the benefit of a ny creditor or for any other purpose. J. k . lf the Co ntractor shall for any cause whatsoever not carry on the working operation in a n acceptable manner. Lf the Co ntractor commences lega l action aga inst the Owner. A Copy of the s us p e nsion ord er or act ion of the C ity Co uncil shall be se rved on the Co n tracto r 's Sureties. When work is sus pe nd ed for a ny cause or causes, or when the contract is canceled , the Contractor s ha ll di sco ntinu e the work or such part thereof as the owner s ha ll d esignate , whereupon th e Sureties may, at their option, ass um e the co nt ract or that portion thereof which the Owne r h as ordered the Contractor to di sco ntinue , and may perform th e same or may, with written co nsent of the owner, s ublet the work or that portion of the work as taken over, provided however, that the Sureties s hall exerci se th e ir option , i f at a ll, within two weeks afte r the writte n not ice to discontinue the work has bee n served upon the Co nt ractor a nd upon the Sureties or their a uth o ri zed agen ts . The S ur eties , in such event shall ass um e the Contractor 's place in a ll respects , a nd s hall b e pa id by the Ownei: fo r a ll work perfonned by th.em in accordance with the tem1s of th e Contract Documents. A ll moni es remaining due the Contracto r at the time of this default s hall thereupon become du e a nd payable to the Sureties as the work progresses , s ubj ect to a ll 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 caITied 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 tenns of the Contract Documents and in such a manner as to not hinder or interfere with the perfonnance of the work by the Owner. C7-7. l5 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 inspectio·n made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7. l6 TERMJNATION 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 tennination to the Contractor specifying the extent to which perfonnance 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) ,{ 8 . , . \ l < claim , demand or suit s hall be requjred of the Owner regarding such di scretionary action CONTRAC TOR ACTION: A f ter re c eipt of a notice of termination , and e xcept a s othe rwise directed by the Engin ee r, th e Contractor shall: \ ' l. 2 . 3 . Stop work under the contract on th e date and to the extent specified in the notice of termination; place no further orders or s ubcontracts for materials , services or facilities except as m ay be necessary for completion of such portion o f the work under the contract as is not terminated ; " ' . terminate all orders and subcontrac ts to the extent that they rel ate to th e performance of th e wo rk terminated by notice of termination ; 4 . transfer title to the Owne r and de liver in the manner, at the times, and to th e e xtent, if any, directe d by the E ng ineer: 5. 6. ••; a . b. the fabricated or un fa brica ted parts, work rn prog res s, completed work, s upplies and other material produce d a s a pa rt of, or acquired tn conn ection with the pe rfo rma nc e of, th e work tenninated by th e notice of th e tem1ination ; and Th e complete d , or parti a lly completed plans, drawings, informa tion a nd othe r property which, if the contract had be e n c o mpl e te d , would ha ve been required to b e furni s he d to the Owne r. complete performa nce of s uch work as shall not ha ve bee n te rmina ted by th e no ti ce o f te rmin a ti o n ; a nd T a ke s uc h act io n as may be necessary, or as th e E ng in ee r ma y direct, for the protectio n a nd preserva tion of th e prope rty re la te d to it s co ntract whic h is in th e po ssess ion o f th e C ontractor a nd in w hich t he o w ne r has o r may a cquire th e res t. At a time not la te r than 30 da ys afte r th e terminat io n date s pe cifi ed in th e not ice of te rmin at io n , the Cont rac to r m ay s ub mi t to tbe E ng in eer a li st, ce rtifi e d as to qu a nt ity a nd qu a lity , of a ny o r a ll it e m s of te nninati o n in venxory no t prev io us ly di s posed of, exc lu s ive of ite m s th e di s pos iti o n of C7 -7(9) ,-~ .r < C. D. E. F. 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. TERMINATION CLAIM: Within 60 days after the notice of tennination, the Contractor shall submit his termination claim to the Engineer in the fonn and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived . AMOUNTS: Subject to the prov1s10ns 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 te1mination 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. l 6(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. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7. l 6(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 detennine, 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. DEDUCTIONS: ln 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 tenninated portion of this contract; C7-7(l0) . ' . ,. ., ,._ ,. r G. ,, H. < • 2. 3. any claim which the Owner may have against the Contractor in connection with this contract; and 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. 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 po11ion of the contract (the portion not tem1inated by notice of tennination), 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 p011ion . 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 PRACTICE S : 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 a s to protect person and property from injury, including death , or damage in connection with the work. C7-7.18 AULPOLLUTIO WATCH DAYS: The Contractor sh_all be required to observe the following guidelines relating to working on City construction s ites on days designated a s "AJR POLLUTION WATCH DAYS ". Typically, the OZO E SEASON, withi11 the Metroplex area , runs from May L, through OCTOB E R 3 l., with 6:00 a .m. - 10:00 a .m. being critical BE CAUSE EMISSlONS FROM THLS TJM E P E RIOD HAV E ENOUGH TlME TO BAKE IN THE HOT ATMOSPHERE THAT LE ADS TO EARLY AFTE RNOON OZON E FORMATION .. 1 C 7-7 (11) . ' ' . The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service , will issue the Air Pollution Watch by 3:00 p .m . on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days , the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a .m. if use of motorized equipment is less than 1 hour , or if equipment is new and certified by EPA as "Low Emitting", or equipment bums 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 . C7-7(l2) PART C-GENERAL CONDITIONS C8 -8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8 -8 .l MEASUREMENT OF QUANTITIES: The determination of quanttt1es of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice , and will be the actual length , area, so lid contents, numbers , and weights of the materials and item installed . C8 -8.2 UNIT PRICES: When in the Proposal a «unit Price" is set fo11h , 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 acceptab le to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all pennanent 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 al l other items not specifica lly mentioned that ,, may be required to fully construct each item of the work complete in place and in a satisfacto ry 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, eq uipm ent, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and fimctional item as detailed in the Special Contract Documents and/or Plans . C8 -8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept tbe compensation as herein provided , in full payment for furnishing all labor, tools , materials , and incidentals for performing all work contemplated and embraced und er 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 suc h prosecution of the working operations as herein specified, or any and all infringements of patents , trademarks , copyrights , or other lega l reservations , C8-8( l) ,. 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 bis own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day of the month that work has been is in progress. The estimate shall be processed 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 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 invoice 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 $400,000.00 at the execution, retainage shall be ten percent (10%). For contracts of $400,000.00 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with subcontract agreement, within five (5) business days after receipt by the Contractor of the payment by the City. Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor unti I compliance with this paragraph is accomplished. lt is understood that the partial pay estimates will be approximate only , and all partial pay estimates and payment of the same will be subject to correction in the estimate rendered following the discovery of an error in any previous e stimate. Payment of any partial pay estimate shall not, in any respect , be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. C8-8(2) . .., > • The City reserves the right to withhold the payment of any pa1tial estimate if the Contractor fails to perfonu the work in strict accordance with the specifications or other provisions of this Contract. C8 -8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be he ld in abeyance if the perfonuance 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 tenus 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 l?ayment 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 ai:e subject to necessary co1Tections 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 , finus , assoc1at1ons , 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 . C8-8(3) ' ' . • , . ~ ' . 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. 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. CS-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 mater:ials 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 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 l 00 percent of the amount of the contract which shall assure the perfonnance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of wananty contained elsewhere within the specifications shall be resolved in favor of this specification, 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. C8-8 . l l SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project , such as conditions imposed by the Plans , the General C ontract Documents or these Special Contract Documents , in which no specific item for bid has been provided for in the Propo sal , s hall be considered as a subsidiary item of work , the cost of which shall be included in th e pri ce bid in the Propo sal , ·for each bid item . Surface restoration, rock excavation and cleanup are general items of work which fall in the category of sub s idiary work . C8-8(4) (' C8-8.12 MISCELLAN EOUS PLACEMENT OF MATERJAL: Material may be allocated under various bid items in the Propo sal to establish unit prices for miscellaneous placement of material. These material s shall be used only when directed by the E ngineer, depending on field conditions. Payment for mi sce ll aneo us placement of material will be mad e for only that amount of materia l u sed , meas ured to the nearest one- tenth unit. Payment for mi sce llaneou s 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 sha ll keep on record a copy of all specifications, pl an s, addenda, modifica tion s, shop drawings and sa mples at the site, in good order and annotated to show all changes mad e during the construction process. Tbese shall be delivered to the Engineer upon completion of the work. C -8-8 .14 RIGHT TO AUDIT: (a) The Contractor agrees th a t the City shall, until the expiration of three (3) years after final payment und e r thi s contract, have access to and the ri ght to examine a nd photocopy any directly pertine nt books, documents , paper:s, and record s of the Contractor involving transactions relating to this Contract. Contractor agrees that the C ity shall have access during normal working hours to all nece ssary Contractor facilities and shall be provided adequate and appropriate work s pace in order to conduct audits in compliance with the provis ions of this sect ion. The City s hall g iv e Contractor reasonable advance notice of intended a udits. (b) Contractor further agrees to include in a ll it s subcontracts here under a provision to the effect th at the s ubcontractor agr ees that the City shall, until the ex pi ratio n of three (3) years after final payment under this contract, hav e access to a nd the right to examine and photocopy any directly pe rtin e nt books, docume nt s, papers, and records of such subcontractor, involving transactions to the s ubcontract, and further, that City shall have access during norm a l working hours to a ll s ubcontractor facilities, a nd s hall be provided ad eq uate a nd appropriate wo rk s pa ce in order to co nduct a udit s in compliance with the provisions of thi s article together with sub section (c) hereof. The City shall g ive subcontractor reaso nab le advance n otice of inte nd ed a udit s. ( c) Contractor a nd subco nt racto r agree to photoco py such documents as may be requested by the C it y . The City agrees to reimb ur se contractor for the cost of the copies as follows : 1. 50 Cop ies and Und er -10 cents p er page. > • 2. More than 50 copies -85 cents for the first page plu s fifteen cents for eac h page th ereafter." ( 5/25 /93) C8 -8 . l5 SCHEDULE OF COSTS: Fo ll ow in g the completion of a ll work on th e Proj ect and pr ior to s ubmitt a l of a request for final payment , the Contractor shal I pro v id e a Sc he dul e of Costs to C ity for approva l w hi ch li sts a ll eq ui pment sy s te ms, st ru ct ur es , building e lectrical and HV AC s ystem s, overhead and project related costs. The it e m s will C8 -8(5) be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. The Schedule of Costs will be used by the City as input to the Capital Assets System, and will not be considered in preparation of modifications to the Contract. Costs associated with the preparation and processing of this schedule of costs shall be subsidiary to the price bid . The Contractor will also provide a projected payment schedule tied to the project schedule and the schedule of values which projects the monthly payments through the end of the Project. The Payment schedule must be submitted along with the first request for payment. This infonnation is necessary to arrange financing of the Project by the City . C8-8(6) SUPPLEMENTARY CONDITIONS FORT WORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS September 2, 2003 1. CONTRACT DOCUMENTS: In Section Cl-1.2 CONTRACT DOCUMENTS, delete Paragraph Cl-I .2 b SPECIAL CONTRACT DOCUMENTS and add the following: "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) SPECIAL INSTRUCTION TO BIDDERS PART B -PROPOSAL (Bid) M /WBE BID SPECIFICATIONS PART C -GENERAL CONDITIONS PART CS-SUPPLEMENTARY CONDITIONS PART D -SPECIAL CONDITIONS PART £-TECHNICAL SPECIFICATIONS PE RMITS/EASEMENTS (Some Permits are Multicolored) PARTF-BONDSANDINSURANCE PART G-CONTRACT PART H -PLANS/FIGURES (may be bound separately) White White White Golden Rod Canary Yell ow Green Green White White White White White" 2. DIRECTOR OF TRANSPORA TION AND PUBLIC WORKS: Delete entire Paragraph C 1-1 . l 7, and replace with the following: Cl-l.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth , or his duly authorized representative, assistant, or agents. 3. DIRECTOR OF ENGINEERING: Add the following para graph after C 1-1.17 and before Cl-1.18: Cl-l.l 7A DIRECTOR OF ENGINEERl G: The officially appointed Director of the Department of Engineering of the City of Foti Worth , referred to in th e charter as the City Engineer, or his duly authorized representative assistant, or agents. 4. ENG IN EE R: Delete entire Paragraph Cl-1.19, and replace with the following: The Director of the Fort Wot1h Department of Engineering, the Director of Fort Worth Transportation and Public Works D epa rtment, th e Directo r of the Fort Worth Water Depa11m ent, or their duly a uthori zed assistants , agents , e ng ineers , inspectors , or superintendents , acting within the scope of th e particular duties e ntru sted to them . CS -l 5. PROPOSAL FORM: 1n Section C2-2.l, Paragraph 1, revise last sentence to read as follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and Experience Record, all of which must be properly executed and filed with the Director of the Water Department one week prior to the hour for opening of bids. Information shall be on forms provided by the Bidder and acceptable to the City. 6. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: ln Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes in the site conditions caused by factors outside of the control of the Contractor which occur after the Contractor's inspection and prior to installation." 7. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C -General Conditions, Section C2-2, exchange paragraphs C2-2.7, C2-2.8, and C2-2 .9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security and other required material, to the Purchasing Manager or his representative at the official location and stated time set forth in 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 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." C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for the opening of 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 foi: 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 confinnation 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-e ight (48) hours after the proposal opening time, no further consideration will be given to the proposal. CS-2 .. ·. 8. MINORITY BUSJNESS ENTER.PRJSE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Delete entire Paragraph C3-3 .2 , and replace with the following: C3-3.2 MJNORJTY AND WOME BUSINESS ENTERPRJSES: In a accord with City of Fort Worth Ordinance No. L5530 , 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 SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing depaitment 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 infonnation 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 pennit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work perfonned 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 facts ( other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 9. C3-3.5 A WARD OF CONTRACT is modified to read as follows: "The Owner reserves the right to withhold final action on the proposals for a reasonable time , not to exceed the period stated for the duration of the Bid Security stated in the Notice to Bidders or 90 days , whichever is sho1ter." lO. C3 -3.7 BONDS . For the Paragraph afte r Paragraph C3-3.7d OTHER BONDS, which begins with "No sureties", change the entire paragraph to read as follows: "ln order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United State s 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 reins urer that is authorized and admitted as a rein s urer in the s tate of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a. surety on obligations permitted or required under federal law . Satisfactory proof of any such reinsurance CS -3 shall be provided to the City upon request. The City, in its sole discretion, will detennine the adequacy of the proof required herein. Each bond shall be properly executed by both the Contractor and the Bonding Company." 11.0 INSURANCE. Delete entire Paragraph CJ-3 .11 INSURANCE, and replace with the following:: C3-3.ll 1NSURANCE: 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 and certificates of insurance shall be delivered to the Owner (City of Fort Wo1ih , Contract Administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth , Texas 76102) prior to commencement of work on the contract project. 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. The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of CJ-3.11 are met for all subcontractors. Failure of the Owner to request required documentation , shall not constitute a waiver of the insurance requirements specified herein. The Contractor's liability shall not be limited to the specified amounts of insurance required herein. a. b. 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. Worker 's compensation insurance covering employees in the project site shall be indorsed with a waiver of subrogation providing rights of recovery in favor of the OWNER. COMMERlCAL GENERAL L1AB1L1TY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, General Liability insurance (Public Liability and Property Damage insurance) in the amount not less than $500 ,000 covering each occurrence/aggregate on account of bodily injury, including death, and in an amount not les s than $500 ,000 covering each occurrence/aggregate on account of prop e rty damage with $2,000 ,000 umbre lla policy coverag e . Certificates of insurance shall state that !J1surance is on an "occurrence " basis . Certificate shall also contain a sta tement that no exclu s ion s by endorse ment ha ve been made to the Commerci a l Gene ral Liability Policy . C S-4 sf • . 7-.. C. 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). 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation .(if excavation are perfonned adjacent to same). 4. Damage to underground utilities for $500,000. 5. 6. 7. Builder's risk (where above-ground structures are involved). Contractual Liability ( covers all indemnification requirements of Contract). The City, its offices, employees and servants shall be endorsed as additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's worker's compensation insurance policy. Contractor's insurance policies shall be indorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by the OWNER shall not be called upon to contribute to loss recovery. When required by the Contract Documents, Environmental Impairment Liability Coverage must be provided in the limits of $1,000,000 per occurrence and $2 ,000,000 annual aggregate. The Environmental Impairment Liability (ELL) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emission s , and clean-up costs. The EIL coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. ELL for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s). d . AUTOMOBILE LNSURANCE -BODLLY INJURY AND PROPERTY DAMAGE: The Contractor sh a ll 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 pei:son and subject to the same limit for each person a;1 amount not less than $500,000 aggregate on account of one accident, and automobile prope1ty damage insurance in an amount not less than $100,000 agg reg ate. CS-5 e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub -contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached .) Other than Worker's Compensation Insurance, in lieu of specified insurance, the 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 . All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. DEDUCTIBLE LIMITS. The deductible limits or self-funded retention limits, on each policy must not exceed $10,000 per occurrence unless otherwise approved by the City . h . INSURANCE COMPANY: The insurance company with whom the Contractor's insurance is written shall be authorized to do business in the State of Texas and shall have a cwTent A.M. Best Rating of "A:Vll" or equivalent measure of financial strength and solvency. 1. OTIFICATION. During the lifetime of this contract, the Contractor shall notify the ENGINEER in writing, of any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. J. CANCELLATION: Insurance s hall be endorsed to provide the City with a minimum of thirty days notice of cancellation, non-renewal and /or material change in insurance policy terms or coverage. A minimumlO day notice shall be acceptable in the event of non-payment of insurance premium to insurance company. CITY RESPONSIBIUTIES. The City shall not be responsible for direct payment of insurance premium costs for Contractor's insurance . l2. LIMITATION OF lNClDENTALCHARGES (Reference C4-4.5c): The Contractor agrees that should any change in the work of extra work be ordered , the following applicable percentage shall be added to Material and Labor Costs to cover overhead and profit: CS-6 1. Allowance to the Contractor for overhead and profit for extra work perfonned by the Contractor's own forces shall not exceed 15 %. 2. Allowance to the Contractor for overhead and profit for extra work performed by a subcontractor and supervised by the Contractor shall not exceed 10 %. Contractor shall be reimbursed for direct field overhead when the change requires an extension of the Contract period. Contractor shall not be reimburse d for indirect overhead or indirect costs related to changes to this contract. 13 . TESTING COSTS: Section 5-5 .12, revise the first sentence to read as fo l lows: "Where, 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 by the Contractor un less otherwise specifically provided for in the Technical Specifications." 14. LAWS TO BE OBSERVED : Section C6 -6. l, delete "or which may be enacted later". After the word "exist," add "at the time of the Contract or may be hereafter exist during the perfonnance of the Contract." 15. BUILDING PERMITS: Paragraph C6-6.2 lnsert the following at the end of the paragraph ; "Contractors are responsib le for obtaining all constmction pennits from the govern ing agencies. Contractor shall schedule all code inspections with the Code Inspection Depatiment in accordance with the pennit requirements and submit copy of updated schedule to the Engineer weekly. Building, p lumbing, electrical aud mechanical building permits are issued without charge . Water and sewer access fees will be paid by the Water Department. Any other permit fees are the responsibility of the Contractor." )6 . BARRICADES , WARNINGS AND FLAGMEN: ln Paragraph C6-6.8, replace the word "watchmen" wherever in appears with the word "flagmen". 1n the first paragraph, lines five (5) and six (6), replace "take all such other precautionary mea s ures" with "take all reasonable necessary measures". 17 . CONTRACTOR'S RESPONSlBILlTY FOR DAMAGE CLAIMS: Delete entire Paragraph C6-6.12, and replace with the fol lowing: "C6-6.12 CONTRACTOR'S RESPONSlBLLlTY FOR DAMAG E CLAIMS: Contractor covenants and agrees to indemnify the City' Engineer and Architect, and their personnel at the project s ite for the Contractor's sole negligence. Ln addition, the Contractor covenants and agrees to indemnify, hold harmless and defend at its own expense, th e Owner, it s officers , agents, se rvants , and emp loyees, from and against all claims or s uits for property loss , property damage, persona l injury , includin g death , arising out of, or alleged to aris e of, th e work and services to be perfonned hereunder by th e Contractor, it s officers , agents , employees subcontractors, licensees or invitees, CS -7 whether or not any such iniurv. damage or death is caused, in whole or in part, by the negligence or alleged negligence of the Owner, its officers, agents, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold hannless Owner from and against any and all injuries to the Owner's officers , agents , servants, and employees, loss or destruction of property of the Owner arising form 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 the Owner, its officers, agents, servants, or employees In the event the Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until the Contractor either (a) submits to the Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides the Owner with a lett er from the 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 1s outstanding as a result of work perfonned under a City Contract." 18. STATE SALES TAX: A. Delete Paragraph C6-6.2 l ST ATE SALES TAX in its entirety. B. This contract is issued by an organization, which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales , Excise, and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State Sales Tax under House Bill 11 , enacted August 15, 1991. a ll s uch taxes shall be included in the various amounts on the Proposal Form. The s ucce ssfu l Bidder shall be required to submit a breakdown between costs of labor, consumable material a nd other construction costs and costs of material incorporated into the project construction prior to execution of this contract. B. At the time of execution of the Contract Documents by the Contractor, the Contractor sha ll complete the "Statement of Materials and Other Charges" which identifies the project costs anticipated in the Project into "Materials lncorporated into the Project" and "All Other Charges". The Contract shall be a "Separated Contract". C. The City of Fort Worth will issue appropriate Certificates of Resale to the Contractor. D. All Change Orders to the Contract will separate charges for materials and labor and will contain the following statement: "For purposes of complying with Texas Tax Code, the Contractor agrees that the charges for material incorporated into the project in excess of the estimated quantity provided for herein wil l be no less than the invoice price for s uch material to the Contractor." CS -8 19 AlR POLLUTION WATCH DAYS: Add the following to Section C7-7: C7-7.18 AIR POLLUTlON WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AlR 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 HA VE 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 W ATCI-I day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of l 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 bums 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. 20 C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4 SCOPE OF PAYMENT m its entirety and replace 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 Own.er, (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 operation s as herein specified , or any and all infringements of patents, trndemarks , 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 s hall in no way cons titute an acknowledgment of the acceptance of the work, ma terial s, or equipment, nor in any way prejudice or affect the obligation s of th e C ontractor to repair, correct, ren e w, or replace at his own and CS-9 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." 21. PARTIAL PAYMENTS: Change Paragraph C8-8 .5 to read as follows: "Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day of the month that work has been is in progress. The estimate shall be processed 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 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 invoice 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 $400,000.00 at the execution, retainage shall be ten percent (10%). For contracts of $400,000.00 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with subcontract agreement, within five (5) business days after receipt by the Contractor of the payment by the City. Contractor's failure to make the required payment 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 the same will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate. Payment of any partial pay estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilitie s under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perfom1 the work in strict accordance with the specifications or other provisions of this Contract." 22. GENERAL GUARANTY . Delete C8-8.10 GENERAL GUARANTY in its entirety and replace with the following : CS-10 J 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 watTanties 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 two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specification, 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. 23. R.lGHT TO AUDIT: Add the following to Section C8-8: C-8-8.14 RIGHT TO AUDIT: "(a) The 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 nonnal working hours to all necessary Contractor facilities and shall be prov_ided 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 al I its subcontracts hereunder a provision to th e effect that the subcontractor agrees that the City shall , until the expiration of three (3) years after final payment under this contract, ha ve access to and the right to examine and photocopy any directly pertinent books , documents , papers, and records of such subcontractor, involving transactions to the s ubcontract , and further, that City shall have access during normal working hours to all subcontractor facilities , and shall be pi:ovided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection ( c) hereof. The City shall give subcontractor reasonable advance notice of in.tended audits. ( c) Contractoi: and s ubcontractor agree to photocopy such documents as may be reque s ted by the City. The City ag ree s to re imburse contractor for the cost of the copies a s follows: I . 50 Copie s and Under -10 cents pe r pa g e . 2. More than 50 copies -85 c e nt s for th e fir s t page plu s fifteen cents for each page \ C S-1 l .. ,_ i ' "' thereafter." ( 5/25 /93) 24. SCHEDULE OF COSTS: Add the following to Section C8 -8: C8-8.15 SCHEDULE OF COSTS: Following the completion of a ll work on the Project and prior to submittal of a request for fina l payment, the Contractor shall provide a Schedule of Costs to City for approval which lists all equipment systems , structures, building electrical and HV AC systems , overhead and project related costs . The items will be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. The Schedule of Costs will be used by the City as input to the Capital Assets System , and will not be considered in preparation of modifications to the Contract. Costs associated with the preparation and processing of this schedu le of costs shall be subsidiary to the price bid. The Contractor will also provide a projected payment schedule tied to the project schedule and the sched ule of values which projects the monthly payments through the end of the Project. The Payment schedule must be submitted along with the first request for payment. This information is necessary to arrange financing of the Project by the City. END OF SECTION CS-12 - - - - 0-1 D-2 D-3 D-4 0-5 0 -6 D-7 0-8 0-9 D-10 D-11 D-12 D-13 0-14 D-15 0-16 0-17 0 -18 D-19 0-20 0-21 D-22 D-23 D-24 0-25 D-26 0-27 0-28 0-29 D-30 0-31 D-32 D-33 D-34 0 -3 5 D-36 0-37 0-38 0-39 0-40 0-41 0-42 0-43 0 -44 0-45 0-46 0-4 7 D-48 0-49 03/12/09 PART D -SPECIAL CONDITIONS GENERAL ..................................................................................................................... 3 COORDINATION MEETING .......................................................................................... 5 CONT RACTOR COMP LI ANCE WITH WORKER'S COMPENSATION L AW ................ 5 COO R DINATION WI T H FORT WORTH WATER DEPARTMENT ................................ 7 CROS S ING OF EXISTING UTILITIES .......................................................................... 7 EXIS T ING UT ILI TIES AND IMPROVEMENTS .............................................................. 8 CONST R U CT ION TRAFFIC OVER PIPELINES ............................................................ 8 TRAFFIC C O NTROL ..................................................................................................... 9 DE T OURS ................................................................................................................... 10 EXAMINATION OF SITE .............................................................................................. 10 ZONING COMPLIANCE ............................................................................................... 10 WAT ER FOR CONSTRUCTION .................................................................................. 10 WASTE MAT E R IA L ..................................................................................................... 10 PROJ ECT CLEANUP AND FINAL ACCEPTANCE ...................................................... 10 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK ................................. 11 SAFETY RESTRICTIONS - W ORK NEAR HIGH VOLTAGE LINES ............................ 11 BID QUANTITIES ......................................................................................................... 11 CUTTING OF CONCRETE .......................................................................................... 12 PROJECT DESIGNATION SIGN ................................................................................. 12 CONCRETE SIDEWAL K AND DRIVEWAY REPLACEMENT ...................................... 12 MISCELLANEOUS P LACEMENT OF MATERIAL ........................................................ 12 CRUSHED LIMESTO NE BACKFILL ............................................................................ 13 2:27 CONCRETE ......................................................................................................... 13 TRENCH EXCAVATION, BACKFILL, AND COMPACTION ......................................... 13 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS ............ 14 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS ) ................ 15 SANITARY SEWER MANHOLE S ................................................................................ 16 SANITARY SEWER SERVICES .................................................................................. 19 REMOVAL, SALVAGE. AND ABANDONMENT OF EXISTING FACILITIES ................ 20 DETECTABLE WARNING TAPES ............................................................................... 23 P IPE C L EANING .......................................................................................................... 23 DISPOSAL OF SPOIL/FILL MATE R IAL ....................................................................... 23 MECHANICS AND MATERIAL ME N 'S LIEN ................................................................. 23 SUBSTITUTIONS ........................................................................................................ 23 PRE -CONSTRUCTION TELEV IS IO N IN SPE C TION OF SANITARY SEWER ............. 24 VACUUM TESTING OF SAN ITA R Y S EWER MANHOL ES .......................................... 27 BY PASS PUMPING ..................................................................................................... 2 8 POST-CONSTRUCTION TEL EVI SION IN S PECTION OF SAN ITARY SEWER .......... 28 SAM PLES AND QUALITY C O NT RO L TE STING ......................................................... 30 TEMPORARY EROSION . SEDIME NT , AN D WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 A C RE ) ................................................................ 31 INGRE SS AND EGRESS/O BS TR U CT ION OF ACCESS TO DRIVES ......................... 32 PR O TE CTION OF TREES , P LAN T S A ND SO IL .......................................................... 32 SITE R ESTO RA T ION .................................................................................................. 32 CI TY OF FO RT W O RTH STANDAR D P RODUCT LIST .............................................. 33 T OPSO IL. S O DDI NG , S EE DI NG & HYDROM ULCHING ............................................. 3 3 CO NF INED SPAC E EN TRY PROGRAM ..................................................................... 3 8 SU B ST ANTIAL COMPLETION INSPECTION/FINAL INS PE CTI ON ............................ 39 EXCAVATION NEAR TREES (WHERE IDENTIFIED O N T H E P LANS) ...................... 39 CONCRETE ENCASEMENT OF SEWER PIPE ......................................................... .40 SC-1 0-60 D-61 D-62 0-63 D-64 D-65 D-66 D-67 D-68 D-69 D-70 D-71 D-72 D-73 03/12109 PART D -SPECIAL CONDITIONS CL AY DAM ................................................................................................................... 40 EXPLORATORY EXCAVATION {D-HOLE) ................................................................. .40 INSTALLATION OF WATER FACILITI ES ................................................................... .40 Polyvinyl Chloride (PVC) Water Pipe ........................................................................... .40 Blocking ........................................................................................................................ 41 Type of Casing Pipe .................................................................................................... .41 Tie -lns .......................................................................................................................... 41 Connection of Existing Mains ...................................................................................... .41 Valve Cut-Ins ................................................................................................................ 42 Water Services ............................................................................................................ .42 2-lnch Temporary Service Line ................................................................................... .44 Purging and Sterilization of Water Lines ..................................................................... .45 Work Near Pressure Plane Boundaries ....................................................................... .45 Water Sample Station ................................................................................................. .46 Ductile Iron and Gray Iron Fittings ............................................................................... .46 SPRINKLING FOR DUST CONTROL ......................................................................... .47 DEWATERING ............................................................................................................. 47 TRENCH EXCAVATION ON DEEP TRENCHES ........................................................ .47 TREE PRUNING .......................................................................................................... 47 TREE REMOVAL ........................................................................................................ .48 TEST HOLES ............................................................................................................... 48 PUBLIC NOTIFICATION PRIOR T O BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY W ATER SERVICE INTERRUPTION DUR ING CONSTRUCTION ....................................................................................................... .49 TRAFFIC BUTTONS .................................................................................................... 49 SANITARY SEWER SERVICE CLEANOUTS .............................................................. 50 TEMPORARY PAVEMENT REPAIR ............................................................................ 50 CONSTRUCTION STAKES ......................................................................................... 50 EASEMENTS AND PERMITS ...................................................................................... 50 PRE-CONSTRUCTION NEIGHBORHOOD MEETING ................................................ 51 WAGE RATES ............................................................................................................. 51 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ...................................... 53 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) ............................................................................................................ 53 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS .................................................................................... 55 ADDIT IONAL SUBMITTAL$ FOR CONTRACT AWARD ............................................ 56 EARLY WARNING SYSTEM FOR CONSTRUCTION ................................................. 56 AIR POLLUTION WATCH DAYS ................................................................................. 57 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ...................................... 57 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: DIGESTER SLUDGE TREATMENT, REMOVAL AND DISPOSAL PROJECT AT RIVERSIDE WASTEWATER TREATMENT PLANT FORT WORTH, TEXAS CITY PROJECT NO. XXXXX WATER DEPARTMENT PROJECTS NO . P XXXXXXXXXXXX & P XXXXXXXXXXX 0-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily , follow the guidelines listed below : 1. Plans 2. Contract Documents 3 . Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated above. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship , or both , for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes. Subject to modifications as herein contained , the Fort Worth Water Department's General Contract Documents and General Specifications , with latest revisions, are made a part of the General Contract Documents for this project. The Plans , these Special Contract Documents and the rules, regulations , requirements, instructions , drawings or details referred to by manufacturers name , or identification include therein as specifying, referring or implying product control , performance , quality, or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative ; therefore , work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications , which general specifications shall govern performance of all such work . This contract and project , where applicable, may also be governed by the two following published specifications , except as modified by these Special Provisions : 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 03112/09 SC-3 PART D -SPECIAL CONDITIONS 2 . STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street , 2nd Floor, Municipal Building , Fort Worth , Texas 76102 . The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL : A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security , to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered . Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager , City of Fort Worth Purchasing Division , PO Box 17027 , Fort Worth , Texas 76102 . B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager, and filed with him prior to the time set for the opening of proposals . After all proposals not requested for non- consideration are opened and publicly read aloud , the proposals for which non-consideration requests have been properly filed may , at the option of the Owner , be returned unopened . C. TELEGRAPHIC MODIFICATION OF PROPOSALS : Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time , and provided further , that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to th e proposal opening time . If such confirmation is not received within forty -eight (48) hours after the proposal opening time , no further consideration will be given to the proposal. 03/12109 SC-4 - - - - - - - - - PART D -SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes , weekly meetings at the job site may be required to maintain the project on the desired schedule. The contractor shall be present at all meetings. D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the commission , or a coverage agreement (TWCC-81, TWCC-82 , TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity . 3. Persons providing _services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project , regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes , without limitation, independent contractors , subcontractors, leasing companies , motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include , without limitation , providing , hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors , office supply deliveries , and delivery of portable toilets . 8. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401 .011 (44) or all employees of the Contractor providing services on the project , for the duration of the project. C . The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D . If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended . E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity : 1. A certificate of coverage , prior to that person beginning work on the project , so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project ; and 03/12109 SC-5 PART D -SPECIAL CONDITIONS 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G . The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice , in the text, form and manner prescribed by the Texas Worker's Compensation Commission , informing all persons providing services on the project that they are required to be covered , and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage , based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code , Section 401.011(44) for all of its employees providing services on the project, for the duration of the project ; 2 . Provide to the Contractor , prior to that person beginning work on the project , a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project , for the duration of the project ; 3 . Provide the Contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the proje ct ; 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 governm e ntal entity in writing by certified mail or personal delivery, within ten (10) days after the person knew o r should have known , of any change that materially affects the provision of coverage of any pe rson provi d ing servi ces on the project ; and 03/12/09 SC-6 PART D -SPECIAL CONDITIONS 7 . Contractually require each person with whom it contracts , to perform as required by paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage , the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts , and that all coverage agreements will be filed with the appropriate insurance carrier or , in the case of a self-insured , with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative , criminal , civil penalties or other civ il actions . 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J . The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered , and stating how a person may verify current coverage and report failure to provide coverage . This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules . This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type , and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text , without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing , hauling, or delivering equ ipment or materials , or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee ." Call the Texas Worker's Compensation Commission at (512) 463-3642 to receive information on the legal requirement for coverage , to verify whether your employer has provided the required coverage , or to report an employer's failure to provide coverage". 0-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project , it will be necessary to deactivate, for a period of time , existing lines . The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines . 0-5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel , the sanitary sewer or sanitary sewer service line shall be made watertight or be 03/12109 SC-7 PART D -SPECIAL CONDITIONS constructed of ductile iron pipe . The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping . The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps . Backfill, fittings , tie-ins and all other associated appurtenances required are deemed subsidiary work , the cost of which shall be included in the price bid in the Proposal for each bid item . 0-6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for fa ilure to show any or all of these structures on the Plans, or to show them in their exact location . It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities , service lines , or other property exposed by his construction operations . Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support, protection and/or temporary relocation of all utility poles, gas lines , telephone cables, util ity services , water mains , sanitary sewer lines , electrical cables, drainage pipes , and all other utilities and structures both above and below ground during construction. It is understood that the Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed construction . The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed . NO ADDITIONAL COMPENSATION WILL BE ALLOWED . Where existing utilities or service lines are cut , broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction , or better , unless otherwise shown or noted on the plans , at his own cost and expense . The Contractor shall immediately notify the Owner of the damaged utility or service line . He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with unt il 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 exte nt , location , and depth ; they are shown on the plans as the best information available at the time of design , from the owners of the utilities involved and from evidences found on the ground . 0-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions . It will be the responsibility of the Contractor to protect both the new 03/12/09 SC-8 - - - - - - - - - PART D -SPECIAL CONDITIONS line and the existing lines from these possibly excessive loads. The Contractor shall not, at any time , cross the existing or new pipe with a truck delivering new pipe to the site . Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense , to the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed . It still is , however, the responsibility of the Contractor to repair any damage to the existing or proposed lines , if the damage results from any phase of his construction operation . 0-8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes , pertinent sections being Section Nos . 27, 29 , 30 and 31. Unless otherwise included as part of the Construction documents, the Contractor shall submit a traffic control plan (duly sealed , signed and dated by a Registered Professional Engineer (P.E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals " on the City 's Buzzsaw website . Although work will not begin until the traffic control plan has been reviewed and approved , the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed ' issued the Contractor. The Contractor will not remove any regulatory sign , instructional sign , street name sign or other sign, which has been erected by the City . If it is determined that a sign must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works Department , Signs and Markings Division , (Phone Number 817-392-7738) to remove the sign . In the case of regulatory signs , the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign . If the temporary sign is not installed correctly or if it does not meet the required specifications , the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled , the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed . Work shall not be performed on certain locations/streets during "peak traffic periods " as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The lump sum pay item for traffic control shall cover design and / or installation , and maintenance of the traffic control plan . 03112/09 SC-9 PART D -SPECIAL CONDITIONS D-9 DETOURS The contractor shall prose c ute 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 w ithin 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 g iven 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 th is 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 T he Contracto r sha ll be aware th a t keepi n g th e project s ite in a n eat and o rd e rl y co ndi t ion is con s idered a n integ ra l pa rt of th e cont rac ted work a nd a s su c h sha ll b e con s id e red sub s idi ary to th e a ppropr ia te bid it e ms . C lean up work sha ll b e d o ne as di recte d b y th e Enginee r as th e w ork p rogresses or as needed . Lf, in th e opi n io n of th e Eng in eer it is necessary, clea n-up sh a ll be do n e on a dai ly b as is . C lean up wo rk s ha ll include , but no t b e limited to : • Sweeping th e stree t clean of dirt o r debr is • Sto ring excess mate ri a l in a pp ro pr iate and o rgani z ed manne r • Kee ping tras h of a ny ki nd off of res id e nts ' prope rty If the E ng in ee r does not fee l that the j o bsit e has bee n kept in a n ord e rl y co nditio n , o n th e n ext es tima te p ay ment (a nd a ll s ub se qu e nt payments until co mpl eted ) of th e a pprop r iate bid it e m (s) w ill b e red uced b y 25 %. Final cleanup work shall be don e for this proje ct as soon as all construction has been completed. No more th a n seve n days sh a ll el ap se after completion of constru ction before the roadway , right- 03/12109 SC-10 - - PART D -SPECIAL CONDITIONS of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth shall give final acceptance of the completed project work . 0-15 CONSTRUCTION SCHEDULE ANO SEQUENCING OF WORK Prior to executing the Contract , it shall be the responsibility of the Contractor to furnish a schedule outlining the anticipated time for each phase of construction with starting and completion dates, including sufficient time being allowed for cleanup . The Contractor shall not commence with water and/or sanitary sewer installation until such time that the survey cut-sheets have been received from the City inspector. 0-16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches , painted yellow with black letters that are leg ible 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 , notificat ion shall be given the power company (ONCOR) who will erect temporary mechanical barriers , de- energize the lines, or raise or lower the lines . The work done by the power company shall not be at the expense of the City of Fort Worth . The notifying department shall maintain an accurate log of all such calls to ONCOR, and shall record action taken in each case . 4 . The Contractor is required to make arrangements with the ONCOR company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense . 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). 0-17 BIO QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities . There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4 .3 conflicts with this provision , this provision controls . No claim will be ·consid e red for lost or anticipated profits based upon differences in estimated quantities versus actu a l qu a ntiti es. 03/12109 SC-11 PART D -SPECIAL CONDITIONS D-18 CUTTING OF CONCRETE When existing concrete is cut , such cuts shall be made with a concrete saw . All sawing shall be subsidiary to the unit cost of the respect ive item . D-19 PROJECT DESIGNATION SIGN Project signs are required at all locations. It shall be in accordance with the attached Figure 30 ( dated 9-18-96). The signs may be mounted on skids or posts . The Engineer shall approve the exact locations and methods of mounting. In addition to the 4' x 8' project signs , project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance with Figure 30 , except that they shall be 1 '-0 " by 2'-0 " in size. The information box shall have the following information : For Questions on this Project Call : (817) 392-8306 M-F 7:30 am to 4:30 p.m. or (817) 392 -8300 Nights and Weekends Any and all cost for the requ ired materials, labor , and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width , between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction , Item 504 . At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction , Item 502. Payment for cutting, backfill , concrete , forming materials and all other associated appurtenances required , shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair . D-21 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer , depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used , measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. 03/12109 SC-12 PART D -SPECIAL CONDITIONS 0-22 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208 .2 -Materials and Division 2 Item 208 .3 -Materials Sources . Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill , Construction Specifications , General Contract Documents . Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2 .16 Measurement of Backfill Materials , Construction Specifications , and General Contract Documents . 0-23 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2 :27 Concrete as base repair . Since this call-out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. 0-24 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 trenching operations shall be confined to the width of permanent rights-of-way , permanent easements , and any temporary construction easements . All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material w ith Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer w ith 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 so ils in all involved areas , with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature , containing little or no plastic material , the Engineer may waive the test report requirement. See E1-2 .3 , Type "C" or "D" Backfill , and E2-2 .11 Trench Backfill for additional requirements . When Type "C" back-fill material is not suitable , at the direction of the Engineer, Type "B" backfill material shall be used . In general , all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of th in or elongated pieces , lumps of clay , soil , loam or vegetable matter and shall meet the following gradation : 03/12109 SC-13 PART D -SPECIAL CONDITIONS • Less than 10% passing the #200 sieve • P.I. = 10 or less Additionally, the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size % Retained 1" 0-10 1/2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 All other provisions of this section shall remain the same . 3 . TRENCH COMPACTION : All trench backfill shall be placed in lifts per E2-2 .9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T .M. D698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The City, at its own expense, will perform trench compaction tests per A .S.T .M . standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested . No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4 . MEASUREMENT AND PAYMENT: All material , with the exception of Type "B" backfill , and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe . Type "B" backfill shall be paid for at a pre-bid unit price of $15 .00 per cubic yard . D-25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition , thickness , etc ., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 2000-1 through 2000-3 . The results of the street cores that were conducted on the project streets , to determine HMAC depths on existing streets , are provided in these specifications and contract documents . 03/12/09 SC-14 - - - - - - - - - - - - PART D -SPECIAL CONDITIONS All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details , compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore , at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve ( 12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving , in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Construction Services Section by the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No . 792 to make utility cuts in the street. The Construction Services section will inspect the paving repair after construction . This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Construction Services section . 0-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A . GENERAL : This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins . The requirements of this item govern all trenches for mains, manholes , vaults , service lines, and all other appurtenances . The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas . The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. B. STANDARDS: The latest version of the U.S . Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926 , Sub-Part P -Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety . C . DEFINITIONS : 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width , where the width measured at the bottom is not greater than fifteen ( 15) feet. 2. BENCHING SYSTEM -Benching means excavating the sides of a trench to form one or a series of horizontal level or steps , usually with vertical or near-vertical surfaces between levels . 03/12109 SC-15 PART D -SPECIAL CONDITIONS 3. SLOPING SYSTEM -Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4 . SHIELD SYSTEM -Shields used in trenches are generally referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure . Shields can be permanent structures or can be designed to be portable and move along as the work progresses . Shields can be either pre-manufactured or job-built in accordance with OSHA standards . 5. SHORING SYSTEM -Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave- ins. Shoring systems are generally comprised of cross-braces, vertical rails, (uprights), horizontal rails (wales) and/or sheeting . D. MEASUREMENT -Trench depth is the vertical measurement from the top of the existing ground to the bottom of embedment or bottom of excavation. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. E. PAYMENT -Payment shall be full compensation for safety system design, labor, tools, materials , equipment and incidentals necessary for the installation and removal of trench safety systems. D-27 SANITARY SEWER MANHOLES A. GENERAL: The installation , replacement , and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes , Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications , unless amended or superseded by requirements of this Special Condition. For new sewer line installations , the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines. The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction . 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified as per COFW Standard Detail SAN-009 . 2 . DELETED 3 . LIFT HOLES: All lift holes shall be plugged with a pre-cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. FINAL RIM ELEVATIONS : Manhole rims in parkways , lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground . Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground . The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole. 03/12/09 SC-16 PART D -SPECIAL CONDITIONS Manholes in open fields , unimproved land , or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade . 5 . MANHOLE COVERS: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be PAMREX , or approved equal , with 30-inch clear opening . Covers shall set flush with the rim of the frame and shall have no larger than 1 /8-inch gap between the frame and cover. Bearing surfaces shall be machine finished . Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans. 6. SHALLOW CONE MANHOLES : Shallow manhole construction will be used when manhole depth is four (4) feet or less . All shallow cone manholes shall be built in accordance with Figure 105 . All shallow cone manholes shall have a cast iron lid and frame with pick slots . NOTE : MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED . 7 . MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole . 8 . EXTERIOR SURFACE COATING : Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy , Koppers "Bitumastic Super Service Black " Tnemec "46- 450 Heavy Tnemecol ," or equal to, a minimum or 14 mils dry film thickness . 9. MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed 0-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent-Seal , Ram-Nek , E-Z Stick , or equal. The joint sealer shall be supplied in either extruded pipe form or suitab le cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation , evaporation , or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking , hardening , or oxidizing regardless of the length of time it is exposed to the elements . The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years . B. EXECUTION : 1. INST ALLA Tl ON OF JOINT SEALANT : Each grade ad j ustment 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 matte r. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in accordance with the recommendations . The protect ive wrapper shall remain on the joint sealant until immediately pr ior to the placement of the pip e 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 rest ing on Bitumasti c jo int sealer. Fram e s and grade rings shall rest on two (2) rows (ins ide and outside) of Bitumastic joint sealer. 031 12/09 SC-17 PART D -SPECIAL CONDITIONS 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES : Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick , block materials other than pre-cast concrete rings, or where necessary and approved by the Engineer, shall be replaced with a pre-cast flattop section . Pre -cast concrete rings , or a pre-cast concrete flattop section will be the only adjustments allowed . In brick or block manholes , replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames , a flat top section shall be installed. Joint surfaces between the frames , adjustment rings , and cone section shall be free of dirt, stones , debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint , or use trowelable material in lieu of pre- formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims , wood , stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame . In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1 /8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. 3. EXPOSED EXTERIOR SURFACES: All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy. Kopper "Bitumastic Super Service Black "; Tnemec "46- 450 Heavy Tnemecol ", or equal , to a minimum of 14 mils dry film thickness. 4. The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1 /2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling . C . MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all labor, equipment , and materials necessary for construction of the manhole including , but not limited to , joint sealing , lift hole sealing and exterior surface coating. Payment shall not include pavement replacement , which if required , shall be paid separately . 03/12109 SC-18 - - - - - - PART D -SPECIAL CONDITIONS The price bid for reconstruction of existing manholes sha ll include all labor equipment and materials necessary for construction of new manhole , including , but not limited to, excavation, backfill, disposal of materials, joint sealing , lift hole sealing and exterior surface coating . Payment shall not include pavement replacement , which if required , shall be paid separately. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole, including but not limited to , joint sealing , lift hole sealing , and exterior surface coating . Payment for concrete collars will be made per each. Payment for manhole inserts will be made per each. D-28 SANITARY SEWER SERVICES Any reconnection , relocation , re-routes , replacement , or new sanitary sewer service shall be required as shown on the plans , and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees. City approved factory manufactured saddle taps may be used , but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis . The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6.15 . D. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees . The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications , all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four ( 4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill , saddles , tees , fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps . E. SEWER SERVICE REPLACEMENT : All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line . If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line , all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer servi ce re-routing , whether on public or private property , the City shall provide line and grade for the sewer service lines as shown on the project plans . Prior to installing the applicable sewer main or lateral and the necessary service lines , the Contractor shall verify (by de-holing at the building clean-out) the elevations 03/12109 SC-19 PART D -SPECIAL CONDITIONS (shown on the plans) at the bu ilding clean-out and compare the data with the elevation at the proposed connection point on the sewer main , in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied . Elevations shall also be verified at all bend locations on the service re-route . All applicable sewer mains , laterals and affected service lines that are installed without pre-construction de-holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de-holing is conducted . All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied . If the Contractor determines that a d ifferent al ignment for the re-route is more beneficial than shown on the plans , the Contractor shall obta in and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied. Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor , at its sole expense , shall be required to uncover any sewer service for which no grade verification has been submitted. All re-routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense . The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings. The fitting shall be a urethane or neoprene coupling A .S.T.M . C-425 with series 300 stainless steel compress ion 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 serv ice 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 backfil l, removal of existing clean-outs , plugging the abandoned sewer service line , double checking the grade of the installed service line , pipe fittings , surface restoration on private property (to match existing), and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line replacement on private property or public right of way . Payment for all work and material involving the "tap " shall be included in the price bid for sanitary sewer service taps . D-29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal , salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans , and/or described in these Special Contract Documents in addition to those located in the field and ident ified 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 . 03/12109 SC-20 - - - PART D -SPECIAL CONDITIONS A. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. B. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials. The concrete vault shall be demolished in place to a point not less than 18 inches below final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . C . SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials . The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. D. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials . The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . If the valve is in a concrete vault , the vault shall be demolished in place to a point no less than 18" below final grade . E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 inches below final grade . Concrete shall then be used as backfill material to match existing grade. F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade . The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade. G . ABANDONMENT OF MANHOLES : Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete . Manhole top or cone section shall be removed to the top of the full barrel diameter section, or to point not less than 18 inches below final grade . The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean , suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding service surface. Payment for work involved in backfilling, plugging of pipe(s) and all other appurtenances required, shall be included in the appropriate bid item -Abandon Existing Sewer Manhole . 03/12/09 SC-21 PART D -SPECIAL CONDITIONS H . REMOVAL OF MANHOLES : Manho les 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 compatibl e with surrounding surface. I. CUTTING AND PLUGGING EXISTING MAINS : At various locations on this project , it may be required to cut , plug , and block exist ing water ma ins/services or sanitary sewer mains/services in order to abandon these lines . Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be cons idered to be included in the linear foot bid price of the pipe, unless separate trenching is required. J. REMOVAL OF EXISTING PIPE : Where removal of the existing pipe is required , it shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves , fire hydrants and meter boxes shall be delivered to Water Department Field Operation , Storage Yard . C. PAYMENT : Payment for all work and material involved in salvaging , abandoning and/or removing ex isting 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 al l other existing facilities when sa id facility is not being replaced in the same trench (i.e ., when removal requ ires a separate trench). L. ABANDONMENT OF EXISTING SEWER LINES : Where plans call for abandonment of ex isting sewe r ma ins after the construct ion of a new sewer main , the Contractor shall be responsible for TV inspect ion of 100 % of the existing sewer main to be abandoned to make a final determination that all existing servic e connect ions 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. 03112/09 SC -22 - - - PART D -SPECIAL CONDITIONS 0-30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water and sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems , Inc. or approved equal , and shall consist of a minimum thickness 0 .35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis , acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils , and the width shall not be less than two inches with a minimum unit weight of 2Yi 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). 0-31 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors . Each joint shall be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. 0-32 DISPOSAL OF SPOIUFILL MATERIAL Prior to the disposing of any spoil/fill material , the Contractor shall advise the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No . 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is required if disposal sites are not in a floodplain . Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain . Any expenses associated with obtaining the fill permit , including any necessary Engineering studies , shall be at the Contractor's expense . In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site , Contractor shall remove the spoil/fill material at his expense and dispose of such materials in accordance with the Ordinances of the City and this section . 0-33 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to exe c ute a release of mechan ics and material men 's liens upon receipt of payment. 0-34 SUBSTITUTIONS 03/12/09 SC-23 PART D -SPECIAL CONDITIONS The specifications for materials set out the m inimum 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 . 0-35 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A . GENERAL: Prior to the reconstruction , ALL sections of existing sanitary sewer lines to be abandoned , removed (except where being replaced in the same location), or rehabilitated (pipe enlargement , cured-in-place pipe, fold and form pipe, slip-line , etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps , other sewer laterals and their location. Work shall consist of furnishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that 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 flood ing 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 a ssumed that a major blockag e exists , and the cleaning effort shall be abandoned. 03/12109 SC-24 - - - PART D -SPECIAL CONDITIONS When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System , the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup, including the water usage bill . All expenses shall be considered incidental to cleaning . 3 . DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt , sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section , which could cause line stoppages , accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted . 4 . All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City . 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. 6. TELEVISION INSPECTION EQUIPMENT : The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions . The camera , television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection . B. EXECUTION : 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate , stopping when necessary to permit proper documentation of any sewer service taps . In no case will the television camera be pulled at a speed greater than 30 feet per minute . Manual winches, power winches, TV cable , and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. 03112/09 When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection videotapes shall have a footage counter . Measurement for location of sewer service taps shall be above ground by means of meter device . Marking on the cable , or the like , which would require interpolation for depth of manhole , will not be allowed . Accuracy SC-25 PART D -SPECIAL CONDITIONS of the distance meter shall be che c ke d by use of a walk ing meter, roll-a-tape , or oth e r suitable device , and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances , when it becomes lodged during inspection , shall be incidental to Television inspection . 2. DOCUMENTATION : Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection . In addition, other points of significance such as locations of unusual conditions , roots , storm sewer connections , broken pipe , presence of scale and corrosion , and other discernible features will be recorded , and a copy of such records will be supplied to the City. 3 . PHOTOGRAPHS : Instant developing , 35 mm , or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 4 . VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded . The television tapes shall be furnished to the City for review immediately upon comple t ion 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 lin e at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made . Also , no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the televis ion camera. THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS . Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected . The Engineer will return tapes to the Contractor upon completion of review . All costs associated with this wo rk shall be incidental to unit prices bid for items under Telev ision Inspection of the Proposal. C . PAYMENT OF CLEANING AND PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS : The cost for Pre-Constru ction Cl eaning and Television Inspection of sani tary sewers shall be per linear foot of sewe r actually tel evised . The Contractor shall provid e th e Engine e r with tap e s of a qu a lity th at th e parti c ular pi ece of sewer ca n be readily 03112/09 SC -26 - - - - - - PART D -SPECIAL CONDITIONS evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal , transportation and disposal of ·sand and debris from the sewers to a legal dump site . Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated , the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances , when it becomes lodged during inspection , shall be incidental to TV Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable , regular sewer service to the area residents. All bypass pumping shall be inc idental to the project. D-36 VACUUM TESTING OF SANITARY SEWER MANHOLES D. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes . B . EXECUTION : 1. TEST PROCEDURE : Manholes shall be vacuum tested prior to any interior grouting with all connections in place. Lift holes shall be plugged, and all drop-connections and gas sealing connections shall be installed prior to testing . 03/12109 The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole . The plugs shall be installed in the lines beyond the drop-connect ions, 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 : Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (10"Hg -9"Hg) (SEC) Depth of MH. 48-lnch Dia. 60-lnch Dia. (FT .) Manhole Manhole 0 to 16 ' 40 sec . 52 sec . 18 ' 45 sec . 59 sec . 20' 50 sec . 65 sec . SC-27 PART D -SPECIAL CONDITIONS 22' 55 sec. 72 sec . 24' 59 sec. 78 sec. 26' 64 sec. 85 sec . 28' 69 sec. 91 sec. 30' 74 sec. 98 sec . For Each 5 sec. 6 sec . Additional 2' 1. ACCEPTANCE : The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time. Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. - Following completion of a successful test , the manhole shall be restored to its normal condition , all temporary plugs shall be removed , all braces , equipment , and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C . PAYMENT : Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material , labor, equipment, and all incidentals , including all bypass pumping, required to complete the test as specified herein . 0-37 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer . Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system . Under no circumstances will the Contractor be permitted to discharge sewage into the trenches . Payment shall be incidental to rehabilitation or replacement of the sewer line . 0-38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL : After construction , ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub-Contractor hired by the prime Contractor . Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television . Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B . TELEVISION INSPECTION EQUIPMENT : The television cam e ra used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be operative in 100 % humidity condit ions . The camera , telev ision monitor, and other components of the video system sha ll be capable of produ cing picture quality to the 03/12/09 SC-28 ..... - ..... - - - PART D -SPECIAL CONDITIONS satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection . C. EXECUTION : 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute . Manual winches, power winches , TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew . The importance of accurate distance measurements is emphasized . All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable , or the like , which would require interpolation for depth of manhole , will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device , and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera , under all circumstances , when it becomes lodged during inspection , shall be incidental to Television inspection . Sanitary sewer mains must be laced with enough water to fill all low pints . The television inspection must be done immediately following the lacing of the main with no water flow . If sewer is active , flow must be restricted to provide a clear image of sewer being inspected . 2 . DOCUMENTATION : Television Inspection Logs : Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans . A copy of these television logs will be supplied to the City. 3 . PHOTOGRAPHS : Instant developing , 35 mm , or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer , as long as such photographing does not interfere with the Contractor's operations. 4 . VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. V ideo 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 03/12109 SC-29 PART D -SPECIAL CONDITIONS and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re- televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. D. PAYMENT OF POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for post-construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be included in the appropriate bid item -Post-Construction Television Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D-39 SAMPLES AND QUALITY CONTROL TESTING A . The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. B . Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate , cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. C. Quality control testing of in-place material on this project will be performed by the city at its own expense . Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City . The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing . The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. 03/12109 SC-30 - - - - PART D -SPECIAL CONDITIONS E . The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site . The ticket shall specify the name of the pit supplying the f ill material. 0-40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes , dams, berms , sediment basins , fiber mats , jute netting , temporary seeding , straw mulch , asphalt mulch , plastic liners, rubble liners, baled-hay retards , dikes, slope drains and other devices . B . CONSTRUCTION REQUIREMENTS : The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right- of-way, clearing and grubbing , the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams , other water courses , lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms , dikes , dams , sediment basins , slope drains and use of temporary mulches , mats, seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion . Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installat ion of permanent pollution control features , but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing , excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading , mulching , seeding , and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic , temporary soil-erosion-control measures shall be performed as directed by the Engineer. 2 . Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . 3. Frequent fordings of live streams will not be permitted; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary . Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams . 4. When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream . Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream . 5 . All waterways shall be cleared as soon as practicable of false work, piling , debris or other obstructions placed during construction operations that are not a part of the finished work . 03/12109 SC-31 PART D -SPECIAL CONDITIONS 6 . The Contractor shall take sufficient precautions to prevent pollution of streams , lakes and reservoirs with fuels, oils , bitumen , calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams , lakes and reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT : All work , materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. D-41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays . The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D-42 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense . Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners ' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing . By ordinance , the Contractor must obtain a permit from the City Forester before any work (trimming , removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-of-Ways and designated alleys . This permit can be obtained by calling the Forestry Office at 817-392-5738 . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number . Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture . Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City . To prevent the spread of the Oak Wilt fungus , all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D-43 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer . The basis for approval by the Engineer will be grade restoration to plus minus one-tenth (0 .1) of a foot. 03112/09 SC-32 - liiiiil - - PART D -SPECIAL CONDITIONS 0-44 CITY OF FORT WORTH ST AN OARD 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 m inimum technical requirements . 0-45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community Services Department Specifications for Topsoil , Sodding and Seeding . 1. TOPSOIL DESCRIPTION : This item will consist of furnishing and placing a minimum of six (6) inches of topsoil , free from rock and foreign material , in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to supplement material secured from street excavation . All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer , and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways . 2. SODDING DESCRIPTION : Sodding will consist of furnishing and planting Bermuda , Buffalo or St. Augustine grass in the areas between the curbs and walks , on terraces , in median strips , on embankments or cut slopes , or in such areas as designated on the Drawings and in accordance with the requirements of this Specification . Recommended Buffalo grass varieties for sodding are Prairie and 609 . MATERIALS : Sod shall consist of live and growing Bermuda , Buffalo or St. Augustine grass secured from sources where the soil is fertile . Sod to be placed during the dormant state of these grasses shall be alive and acceptable . Bermuda and Buffalo grass sod shall have a healthy , virile root system of dense , thickly matted roots throughout a two (2) inch minimum th ickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy , virile root system of dense , thickly matted roots throughout a one (1) inch 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 pro cess of excavating , hauling , and planting. Sod material shall be kept moist from the time it is dug until planted. When so directed by the Engin ee r, the sod existing at the source shall be 03/12/09 SC-33 PART D -SPECIAL CONDITIONS watered to the extent required prior to excavating . Sod material shall be planted within three days after it is excavated . CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades , and cross-sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described . Sodding shall be either "spot" or "block"; either Bermuda, Buffalo or St. Augustine grass . a. Spot Sodding Furrows parallel to the curb line or sidewalk lines , twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded. In all furrows , sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade. Holes of equivalent depth and spacing may be used instead of furrows . The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces . b. Block Sodding . At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding shall be filled with additional sod and tamped . The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass . Surfaces of block sod , which , in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil , shall, upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, sufficiently close to hold the block sod firmly 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: 03112/09 SC-34 - - - PART D -SPECI.AL 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 a ll requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germination : Common Name Purity Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM-SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Dates Feb 1 to May 1 Mixture for Clay or Tight Soils ( Eastern Sections) Bermudagrass 40 Buffalograss 60 (Western Sections) Buffalograss 80 Bermudagrass 20 Total : 100 Total : 100 Table, 120.2.(2)b Mixture for Sandy Soils (All Sections) Bermudagrass 60 Buffalograss 40 Total: 100 TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total : 100 CONSTRUCTION METHODS : After the designated areas have been completed to the lines , grades , and cross-sections shown on the Drawings and as provided for in other items of this Contract , seeding of the type specified shall be performed in accordance with the requirements hereinafter described . a . Watering . Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed . 03/1210 9 SC-35 PART D -SPECIAL CONDITIONS b. Finishing. Where applicable , the shoulders, slopes, and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun. BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed . If the sowing of seed is by hand , rather than by mechanical methods , the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. "Finishing" as specified in Section 0- 45 , Construction Methods, is not applicable since no seed bed preparation is required. DISCED SEEDING : Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. The seed, or seed mixture, specified shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand rather than by mechanical methods , seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1/8) inch . The planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour . ASPHALT MULCH SEEDING : The soil over the area shown on the Drawings , or as directed to be seeded , shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter , or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section 0-45, 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 , prov ided 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 g iving a smooth surface without ruts or tracks . In between the time compacting is completed and the aspha lt is applied , the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth . The application of asphalt shall follow the last watering as rapidly as possible . Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300 , "Asphalts , Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings , or if Drawings are not included , then MS-2 shall be used . Applications of the asphalt shall be at a rate of three-tenths (0 .3) gallons per square yard. It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth . 03/12109 SC-36 - - - - PART D -SPECIAL CONDITIONS RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120.2(2)a . The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration. * Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4. HYDROMULCH SEEDING: If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION : "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis . The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law . A pelleted or granulated fertilizer shall be used with an analysis of 16-20- 0 or 16-5-8 or having the analysis shown on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid , and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists. In the event it is necessary to substitute a fertilizer of a different analysis , it shall be a pelleted or granulated fertilizer with a lower concentration . Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS : When an item for fertilizer is included in the Drawings and proposal , pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work . Fertilizer shall be dry and in good physical condition. Fertilizer that is powdered to caked will be rejected. Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings , fertilizer shall be applied uniformly at the average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topso ils secured from borrow sources . Acceptable material for "Seeding" will be measured by the linear foot , complete in place. 03 /12/09 SC-37 PART D -SPECIAL CONDITIONS Acceptable material for "Sodding" will be measured by the linear foot, complete in place. Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding . PAYMENT : All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below), loading , hauling , placing and furnishing all labor, equipment, tools , supplies, and incidentals necessary to complete work. All labor , equipment, tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding " bid items and will not be paid for directly. "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard , complete in place , as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod ; for all rolling and tamping ; for all watering ; for disposal of all surplus materials; and for all materials , labor, equipment , tools and incidentals necessary to complete the work, all in accordance with the Drawings and these Specifications. The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified , as the case may be, which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly , but is considered - subsidiary to Sodding and Seeding. 0-46 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM " which must meet OSHA requirements for all its employees and subcontractors at all times during construction . All active sewer manholes , regardless of depth , are defined by OSHA , as "perm it required confined spaces". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM " for all applicable manholes and maintain an active file for these manholes . The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces . 03/12109 SC-38 - - PART D -SPECIAL CONDITIONS D-47 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete. 8 . The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 9 . The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected. 10 . Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price . Contractor shall still be required to address all other deficiencies, which are discovered at the time of final inspection. 11 . Final inspection shall be in conformance with general condition item "C5-5.18 Final Inspection" of PART C -GENERAL CONDITIONS . D-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) 1. The Contractor shall be responsible for taking measures to minimize damage to tree limbs, tree trunks , and tree roots at each work site. All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 2. Any and all trees located within the equipment operating area at each work site shall , at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line or edge of the tree root system between tree and the construction area . 3 . Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations. The Engineer shall be notified at least 24 hours prior to any tree trimming work . No trimming work will be permitted within private property without written permission of the Owner. 4. Nothing shall be stored over the tree root system within the drip line area of any tree. 5 . Before excavation (off the roadway) within the drip line area of any tree , the earth shall be sawcut for a minimum depth of 2 feet. 6 . At designated locations shown on the drawings , the "short tunnel" method using Class 51 0 .1. pipe shall be utilized . 7. Except in areas where clearing is allowed, all trees up to 8" in diameter damaged during construction shall be removed and replaced with the same type and diameter tree at the contractor's expense . 8 . Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural practices and procedures. 03112/09 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. 0-49 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diameter indicated. The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. 0-50 CLAY DAM Clay dam construction shall be performed in accordance with the Wastewater Clay Dam Construction, figure in the Drawings in these Specifications , at locations indicated on the Drawings or as directed by the City. Clay dams shall be keyed into undisturbed soil to make an impervious barrier to reduce groundwater percolation through the pipeline trench . Construction material shall consist of compacted bentonite clay or 2:27 concrete . Payment for work such as forming, placing and finishing shall be subsidiary to the price bid for pipe installation . 0-51 EXPLORATORY EXCAVATION (0-HOLE) The Contractor shall be responsible for verifying the locations of §.!! 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 facil ity , 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 ex isting utilities per item D-6 . Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials , excavation , surface restoration , field surveys, and all incidentals necessary to complete the work , shall be the unit price bid. No payment shall be made for exploratory excavation(s) conducted after construction has begun . 0-52 INSTALLATION OF WATER FACILITIES 03/12109 52.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents . Payment for work such as backfill , bedding , blocking , detectable tapes and all other associated appurtenant required , shall be included in the linear foot pri ce bid of the appropriate BID ITEM(S). SC-40 - 03/12109 - - PART D -SPECIAL CONDITIONS 52.2 Blocking Concrete blocking on this Project will necessarily be requ ired as shown on the Plans and shall be installed in accordance with the General Contract Documents . All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. 52.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows: For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203 . Touch-up after field welds shall provide coating equal to those specified above. C . Minimum thickness for casing pipe used shall be 0.375 inch . Stainless Steel Cas ing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non- concrete pipes when installed in casing . Installation shall be as recommended by the Manufacturer. 2 . SEWER: Boring used on this project shall be in accordance with the material standard E 1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents . 3 . PAYMENT : Payment for all materials, labor , equipment , excavation , concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 52.4 Tie-Ins The Contractor shall be responsible for making tie-ins to the existing water mains . It shall be the responsibility of the Contractor to verify the exact location and elevation of the existing line tie-ins . And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction . The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe . 52.5 Connection of Existing Mains The Contractor shall determine the exact locat ion , elevation , configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece . Any differences in locations , elevation , configuration , and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction . Where it is required to shut down existing mains in order to make proposed connections , such down time shall be coordinated with the SC-41 03/12/09 PART D -SPECIAL CONDITIONS Engineer , and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main , the Contractor shall notify the City Project Manager , Construction Services, Phone 817-392-8306, at least 48-hours prior to the required shut down time . The Contractor's attention is directed to Paragraph CS-5 .15 INTERRUPTION OF SERVICE , Page CS-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS . The Contractor shall notify the customer both personally and in writing as to the location , time , and schedule of the service interruption . The cost of removing any existing concrete blocking shall be included in the cost of connection . Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 52.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve ; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection . All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service. Payment for work such as backfill , bedding , fittings, blocking and all other associated appurtenants required , shall be included in the price of the appropriate bid items. 52. 7 Water Services The relocation , replacement , or reconnection of water services will be required as shown on the plans , and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops , type K copper water tubing , curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E1-17 & E1-18) contained in the General Contract Documents . All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade . All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1- inch Type K copper , 1-inch diameter tap saddle when required , and 1-inch corporation from the main line to the meter box . All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Eng ineer. A minimum of 24 hours advance notice shall be given when service interruption will be requir ed as specified in Section CS-5 .15 INTERRUPTION OF SERVICE. SC-42 - - PART D -SPECIAL CONDITIONS All water service m eters shall be removed , tagged, and collected by the contractor for pickup by the Wate r Department for reconditioning or replacement. After installation of the water service in the p roposed 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 o r as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop . Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation . Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction . The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 2 . WATER SERVICE METER AND METER BOX RELOCATIONS : When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches , as measured from the center line of the existing meter to location to the center line of the proposed 1 meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately . Relocations made along the centerline will be paid of in feet of copper service line. 03/12109 When relocation of service meter and meter box is required , payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials , labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation . All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. SC-43 PART D -SPECIAL CONDITIONS 4. NEW SERVICE : When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box . Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section E1-18A-Reinforced Plastic Water Meter Boxes . Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. - 1. MULTIPLE SERVICE BRANCHES : When multiple service branches are required the contractor shall furnish approved factory manufactured branches . Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 2. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 52.8 2-lnch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. 03/12109 A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply . The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. The out-of-service meters shall be removed , tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service , the Contractor shall re-install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer . SC-44 - PART D -SPECIAL CONDITIONS The tempora ry se vice layout shall have a minimum avail able flow rate of 5 GPM at a dynamic pres su re c · 35 SI per se rvice tap. This criteria shall be used by the Contractor to determine the Ieng ! 1 of ,e mporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes , 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location . Payment for work such as fittings , 3/4-inch service lines, asphalt, barricades , all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item . B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible. At the pre-construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used. The inspector will deliver the hydrant meters to the locations. After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs. The issued meter is for this specific project and location only . Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at its cost , from the Water Department. 03/1210 9 52.9 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will provide all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project, including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM . The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine . Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available , chlorinated water shall be "de-chlorinated " prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart , have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe . 52.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes SC-45 03/12109 PART D -SPECIAL CONDITIONS 52.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse . PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station , concrete support block , curb stop, fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. PAYMENT FOR FIGURE 33 INSTALLATIONS : Payment for all work and materials necessary for the installation tap saddle , gate valve , and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station , modification to the vault, fittings , and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. 52.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings , and Specials , Sub section E2-7 .11 Cast Iron Fittings : E2-7 .11 DUCTILE-IRON AND GRAY-IRON FITTINGS : All ductile-iron and gray-iron f ittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid per ton of fittings shall be payment in full for all fittings , joint accessories , polyethylene wrapping, horizontal concrete blocking , vertical tie-down concrete blocking , and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings , valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E 1-13 and Construction Specification E2-13 . Wrapping shall precede horizontal concrete blocking , vertical tie-down concrete blocking , and concrete cradle . Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking , and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed. SC-46 liil PART D -SPECIAL CONDITIONS D-53 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this contract. D-54 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer . Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price. D-55 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction . Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation . No extra payment shall be allowed for this special condition . D-56 TREE PRUNING A. REFERENCES : National Arborist Association's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C . NATURAL RESOURCES PROTECTION FENCE D. 03/12109 3 . Steel "T" = Bar stakes , 6 feet long . 4. Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging: ''Tundra " weight , International fluorescent orange or red color. 6. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings . 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. SC-47 PART D -SPECIAL CONDITIONS 9. Backfill and compact the trench immediately after trenching. 10. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 11. Within 24 hours , prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 12. Limit any grading work within conservation areas to 3-inch maximum cut or fill , with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection . E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price . 0-57 TREE REMOVAL Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading , hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to , water and sewer services, pavement, fences, walls, sprinkler system piping , etc ., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed . 0-58 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils , including the amount of rock , if any , through which this pipeline installation is to be made is the responsibility of any and all prospective bidders , and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determination by the use of test holes or other means, shall be left to the discretion of such prospective bidders . If test borings have been made and are provided for bidder's information, at the locations shown on the logs of borings in the appendix of this specification , it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same , either in character, location, or elevation , as shown on the boring logs . It shall be the responsibility of the bidder to make such subsurface investigations , as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected by the geology of the site . The cost of all rock removal and other associated appurtenances , if required, shall be included in the linear foot bid price of the pipe . 03/12/09 SC-48 - - - - - - PART D -SPECIAL CONDITIONS D-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project, the contractor shall , on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction . The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, City Project No (CPN)., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre-construction notification' flyer is attached . The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed . The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, the contractor shall prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows: The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption . The flyer shall be prepared on the contractor's letterhead and shall include the following information: Name of the project, City Project Number, the date of the interruption of service, the period the interruption will take place, the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number. A sample of the temporary water service interruption notification is attached. A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector .. All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. D-60 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the 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. 03/12/09 SC-49 PART D -SPECIAL CONDITIONS D-61 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced , the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways , streets , sidewalks , etc. whenever possible . When it is not possible , the cleanout stack and cap shall be cast iron . Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts . D-62 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base. The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item . The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized . The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. D-63 CONSTRUCTION ST AKES 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 professiona l 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 pract ical. 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 o r its agent determines that a sufficient number of stakes or markings provided by the City , have been lost , destroyed , or disturbed , to prevent the proper prosecution and control of the work contracted for in the Contract Documents , it shall be the Contractor's responsibility , at the Contractor's sole expense , to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted , and time will continue to be charged in accordance with the Contract Documents . D-64 EASEMENTS AND PERMITS The performance of this contract requires certa in temporary construction , right-of-entry agreements , and/or permits to perform work on private property. The City has attempted to obtain the temporary constru ction and /or right-of-entry agre e ments for properties where construction activity is nece ssary on City own ed facilities , such as sewe r line s or 03/12109 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. 0-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector , and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. D-66 WAGE RATES Compliance with and Enforcement of Prevailing Wage Laws Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract documents. Penalty for Violation . A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the City , pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents . 03/12/09 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 v iolation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation . Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258.023 , Texas Government Code , including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons . The City is not a party in the arbitration . The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction . Records to be Maintained. The contractor and each subcontractor shall , for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract ; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection . Pay Estimates. With each partial payment estimate or payroll period , whichever is less , the contractor shall submit an affidavit stating that the contractor has complied with the requ irements 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 sec tion.) (Attached) 03/12/09 SC-52 - .... - - - - liiil PART D -SPECIAL CONDITIONS D-67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP. Nothing in this specification shall be construed to void any provision of a contract or other law , ordinance, regulation or policy whose requirements are more stringent. B. ACP is defined under NESHAP as a Category II, non-friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently, if the removal/ disposal process renders the ACP friable , it is regulated under the disposal requirements of 40 CFR 61.150 . A NESHAP notification must be filed with the Texas Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non -friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental Protection Agency (EPA) defines friable as material , when dry, which may be crumbled, pulverized or reduced to powder by hand pressures. C. The Generator of the hazardous material is responsible for the identification and proper handling , transportation, and disposal of the material. Therefore , it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable . The Excavator is responsible to employ those means , methods , techniques and sequences to ensure this result. E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs , which are the responsibility of the Excavator . (Copy of forms attached) F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents. D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT : As defined by Texas Commission on Environmental Quality (TCEQ) regulations , a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land {Large Construction Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the 03112/09 SC-53 PART D -SPECIAL CONDITIONS permit can be obtained through the Internet at http://www.tnrcc .state.tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that , if properly utilized , can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi): If the project will result in a total land disturbance equal to or greater than 5 acres , the contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for storm water d ischarges 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 view ing at the office of the Consultant disbursing the plans for the project . The selected Contractor shall be provided with three copies of the SWPPP afte r award of contract , along w ith unbounded copies of all forms to be submitted to the Te xas Commission on Environmental Quality . 03/12/09 SC-54 - - - - PART D -SPECIAL CONDITIONS LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES : A Notice of Intent (NOi) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee . A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities . The SWPPP shall be incorporated into in the contract documents. The contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP . Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized . SMALL CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOi form is not required . However, a TCEQ Site Notice form m·ust be completed and posted at the site . A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above . A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities . The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents . The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include , but not be limited to, silt fences , straw bale dikes, rock berms , diversion dikes , interceptor swales, sediment traps and basins , pipe slope drain , inlet protection , stabilized construction entrances, seeding , sodding , mulching , soil retention blankets , or other structural or non-structural storm water pollution controls . The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION : Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP . 0-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative . The Contractor may obtain a hydrant water meter from the Water Department for use during the life of named project. In the event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project, the Contractor must coordinate this activity through the appropriate City representative . The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7 , Chapter 28 .03 (Criminal Mischief) and the Contra ctor will be prosecuted to the full extent of the law. In addition , the Contractor will assume all liabilities and responsibilities as a result of these actions. 03/12109 SC-55 PART D -SPECIAL CONDITIONS D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in sole discretion may require, including but not limited to manpower and equipment records , information about key personnel to be assigned to the project, and construction schedule , to assist the City in evaluating and assessing the ability of the appare nt low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame . Based upon the City's assessment of the submitted information , a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non-responsive . Affected contractors will be notified in writing of a recommendation to the City Council. D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable : The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example : 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the contractor by certified mail , return receipt requested demanding that , within 10 days from the date that the letter is received , it provide sufficient equipment , materials and labor to ensure completion of the work within the contract time . In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2 . The Project Manager and the Directors of Water Department, and Department of Transportation and Public Works w ill be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed . 3. Any notice that may, in the City's sole discretion , be required to be provided to interested individuals will distributed by the Water Department's Public Information Officer. 4 . Upon receipt of the contractor 's response, the appropriate City departments and directors will be notified . The Water Department's Public Information Officer will , if necessary , then forward updated notices to the interested individuals . 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract , the bonding company will be notified appropriately . 0311210 9 SC-56 - - - - PART D -SPECIAL CONDITIONS 0-72 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON , within the Metroplex area , runs from May 1, through OCTOBER 31, with 6:00 a.m. -10:00 a .m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10 :00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However , the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting ", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG . If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6:00 p .m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month . 0-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS A fee for street use permits is in effect. In addition , a separate fee for re-inspections for parkway construction, such as driveways, sidewalks , etc., will be required. The fees are as follows : 1. The street permit fee is $50 .00 per permit with payment due at the time of permit application. 2. A re-inspection fee of $25 .00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. END 01-;, PAllT D -SPECIAL CONDITIONS 03112/09 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 03112/09 SC -5 8 - - - - - 03/12109 - PART D -SPECIAL CONDITIONS FORT WORTH ~ Da1e: ____ _ DOEKO.XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS 1N YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON _______ _ BETWEEN THE HOURS OF _______ AND ______ . IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALL: MR. AT __________ _ (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. ____________ AT _________ _ (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ------------' CONTRACTOR SC-59 PART D -SPECIAL CONDITIONS F TEXAS DEPARTMENT OF' HEAL TH DEMOLITION / RENOVATION NOTIFICATION FORM Q r 0 ff C e u 5 e n I y 0 T A H p A 0 NOTE: CIRCLE ITEMS THAT ARE AMENDED T T) H NOTIFICATION # ________ _ t) Aba!emen ! Contr?ctor; ________ ~ ___________ TDH Licl;!nse Nl)mber:._-____ _ Adcress : City; S1a1e : ___ Zip : ___ _ Office Phone Num!J..gr: ~~-----~---·Job Site PhOne Nul'r'lbf:I'.,_· -------------- Sile $tlpervis-Or: TDH Lk::er,se Nu mber:--------------- Site Supervi.oor: TOH Licen.se Number. ______________ _ Train ed On-5ite NESHAP lndividu.al : _______________ Cerii.fl<;.i;lt ion Da~=-------- Demolition Contractnr: ________________ omce Phone N umber~·~-------=----- Adores.s ; Ci t ~•: St~1e ; ___ .,,.,Zip;_. ---- 2) Proje•.:t Consultan! CY.·Opim:.tor: ___________ ~ _____ IDH Lice nse Number: ______ _ Mai!in ~ Address; ____ --:::--:------=,--------==-----=,,----,-,--,----,,--,.---------- Clty: S !ate:. ___ -'Zi;i~· ____ Office Phone Number;...__..._ _____ _ 3) FacllityOwner: _____________________________________ _ Aftontion: _______________________________________ _ Mailing Address: ____________________________________ _ City: Srate : Zip: Owner Phone Number-·=·-· ___ _ '*Nc;t(); Tho ifiVQi~O for 1h11 notification. foo wlll be sont to the owner ot the tmlli:Ung Md me bllllng ,Htdre.ss for tho lnvolce will be olltainM from \hO 11\rorrri:IHOn !hilt Is provldod In this soctJon . N 4) Descriptioo or Faciiity Name=·---------------------------------- E Physical M d recs.&; _____________ Caunty: Cify _______ Z ip;~----- S Facliny Phone Numtler Fad ity Contact Person: ______________ _ H CJescrip!ion of' Are21Room Num!;,e,r:. _____________________________ _ A Prior Use ; __ -. _____________ Future Use: ____________________ _ P Age of Buildlngi'FaclH\~•: Sizo: Number of Floors,; _____ Sc."loo! (K -t2): C YES o NO C T D H 5} Type of Work.: Cl Damolitlon J Renovation {Ab~tc mcnt) iJ Annua.l Consolidat!!'d Wor~: will be d ur in g: iJ Doif o Even in g D Night :: Phased Project Descri ption Gf work sctiooul e: ___________________ ~------------ 03/12109 0 L 6} I& 1r1is a Public Building? 'l YES NESHAP-Only Facfliti/? 0 'i'ES P NO Federal F.iclllty? :3 YES : NO Industrial Site? 0 YES O NO n NO l s Buildi ng/Facility Occupied? :.; YES f l NO 7) No1ific."ltion T,'Pe CHECK ONLY ONC: V J Oti g l n:ii (1 0 Working Days) -Cancellation r. Aml;ln,i;inwnt D Emergcncy(O rdercd I 0 I a Li 0 n 7 lf lhis is an amari drmmt, which amendmen1 n 1mber is th is?_ (Enclose copy of original and/or last amendment) l f an emergency, who did ~rou talk with al TOH'f Emergency#; ______ _ Date ar.d Hou t ()( E,iiet(f8ncy (HH .'MMI DDIYY }:. ______ ,--__ Description of Uie sudden, unexpei;ted even1 sno e>:planat:on of how mo event caused unsafe conditions or Would Cc'-IJse equ i pment dama,ge (compute-1s. machi nery , e tc _________________________ _ CJ S.) Description of p rocedmes to be followed In the even t 1hat uncxp octetd !lsbestos is fo und or pr!!'vfousl1• non-fria!)le Y astJ.estos material bec,)m e,s crumblBd . pul•:e·t ized. or reduced to powde r ; ----~--~---------- !; s 9) Was an kabe~lo5, s.urve:,• performed? _ YES L NO Dai e: TOH lo~pector License No; _____ _ G An?1y1ic.al Melhod; CJ PLM O TEM C Ass u med TDH Labora!ory Licen.s.e No :-··=···------ N (For TAHPA (public bu [ding) projec.1s : an assumption mus1 be made hy a TDH Llce:1sed !nspecbar) \0) Oes.cript:on of planned demol iti-0n or renovation work , type o f m;;it.;;,riel, a.no me\hod{s) te> be used,.:-~----- 11} Des cription of work pracfo~ei;; an d engiri e;:ririg con tfuls to De used to prevon t emissions ,:,f asbestos at tiie da molitioolrenc1•<"a1io n : ________________________________ _ SC-60 - - - - - - 03/12109 PART D -SPECIAL CONDITIONS 12) ALL applicabl e iUN'l'IS in Iha following table m ust be' com pleted: IF NO AS8 E;ST 0S PRESENT CHECK HERE = Approximate amount of Ch eck un it of meuurcment Asbestos-Containi ng B uild ing Ma teri11I Asbestos Type SQ SQ Cu Cu Pipes Su rfac e Area lr1 Ln F1 tiii Ft M Ft M ~ RACM to be removed ··~ RACM NOT removed ln teoor Cateoorv I non-friab!o remo·,•ed ExliNior Catei:iorv I nan-fn'ab fe removed Catecmrv I non-friable NOT removed -- In terior Catooorv l l Mn-friable removed Exterior Cateqorv JI non-friable removed .~- Cater".OP/ II noo•frkible NOT rerno~·cd 1: I = -· RP.CM Off-Facili ty Component ' 13) Waste Tra nsp one.r Namo: -· _________________ IDH License Nu mber.------ Add r css: ___________ City: ________ ~. _,..,..St.ile: ___ Zip: ___ _ Contaci Person ; Pt,0110 Number: -~--------- 14 ) Waste OispDSal Site Name: ________ _,..----------------------- A,:;!dress:_-,---,,----~--------Ci\y: __________ Stale: ___ Zip: ___ _ Te!epnone : · TNRCC P er mit Number: _______ _ 15) For structurally unsound facilities, att.ich a COJil,• of demol ition order and idenliiy G.ov.,,mment.,;I Offic:it>J below: Na.mo: Registration No:--------------- Titl e :---=----,---,-:--,---,---,---,-.---- Da.te of order (M M.ID D}YY) Date order to begin (MMI DO/YY) 16) Schedi.1led Dates of Asbes tos Aoatemen t (r.lM/DD/YY) Start __ __,_ __ ,__ __ Ccmplel t;<: _......,_ _ __,.r_ 17) Scheduled Dates DemolitioniRenovetiim (MM/DDfYY) Start: Compl ete:_~-~---- •• Nott?: If llie start date on this noliflc.aUon Ci!ln not 1w m!II, thlil TOH Regional or Local Program offico Must ba conlaclod by phone prior to thit 6lart date . Falluro to do so is a vlotatlon 1,1 ;i,:;cQii!.>n<:~ ,o TAHPA, Scctlon 295 .61, I hereb,• oerliiy tJ1&t &II ioforniot)o n I lm·~e provided is co rect, complete. and 1rue 1o tile best of my kno wledge. I ar:;knD'h'li;!dge that I .im responsdl le for a ll asp~cts of the notification form, includJng, but n.o i limiting . co.'1tent an d sub m iss ion dates. Tho ·· maxim um penalty is s·10.ooo per d&y per vio lation. (Signa l ure of Building O•.vnerf Opera1o r or De legated Consul t.anLrContraciot} MAIL TO : ·raxos aro not accoptod'' (P rir)tcd Na m e) (Date} ASBES10S NOTIFICATION SECTION TOXIC SUBSTANCE$ CONTROL DNISI ON TEXAS DEPART MENT O r: t·IEAL Tli PO BOX 14 3538 AUST IN , TX 76714-JSJB PM:. 512""33-4-5600. 1-800-572-55,~8 (Teleph°".,e) {Fax Nu mbtlr) ·Fa';(e.s a·rc ft ot .rccop t t!Jd* Form APB#5, dated 07iW/02. Replaces TOH fomi datod 07/f '.:/01. For-assistance in co.mpfe/ing form, caJ'I t-SC'0-572 -5548 SC-61 PART D -SPECIAL CONDITIONS 03/12109 SC-62 .... .... - - - - - - PART D -SPECIAL CONDITIONS City of Fort Worth Highway (Heavy} Constructron Prevailing Wage Ra tes For 2008 C I-as s ificat i o n s Air Too l Op~rator Asphall R aker Asphali Shov:e-1e r Asohall Di-stribu:or Ooerator Asphall P avino Machir ,e Opera.tor Batc'hmg Plant W'eigher Broom or Sweeoer Opetator Bulldoz<'r Operator Carpe nter (Rouch ) Concrete F in i sh e r-Paving Concrete Fini sher -Structures Concre te Pmi!l nQ CurbinQ Mach. Oper. Con cre te Pavino Fin ish inc Mach. Ooe r. Concre te P av;ng Jami Sealer Oper. Concrete Pav·ni:i Saw Ope r. Con crete Pav'ng Spr eader O p e r; Con crete Rubber Cr ane. Clamshe,I. B"'ckhoe. Derrick. Dra.g l'ne. Sh ov er F le ctr',-ci an Form Bu ifdH-Slructu res Form Setter -Paving & Curbs foundati on Drill Ocera:ct , C rawle r Mou nted F oundatlon D rill Operator, Truck Mount ed F rcnt End Loader L abore r-Com mon L aborer-U tilii y Mec.ha.nic M il!Jng Mach,ne Operator . Fine Grade 1'.tix e-r O oer.5tc.r Moior Grader Oper a:or (rme Grade} ~1 o:or Grader Opera•or , Roup h O i:e r Pair.her. Struc1:ures Pavenent l\,1arki nQ Machin<? Opee r. Pipe l ayer Rott e r. St ee l ',/Vh~el P 1ant~ M ix: Pavernenis Roller . St<e el V\lh,eel C1t,er Fl s tw h.eel c, Tamp,ni:; Railer, Pne•.1 matic . Seli -Prcpe;'IE>d S craper Reinforcirio Ste<e l Seter (Pavini:i ) Rernforciri;:i Ste.;I Seher (Structur e) So urce is AGC oi Tex as (Hwy, 1--'ly . Ut ili ti es l ndush.:al s,.:rnch) w·1,v,.,. aCCE-ss .gpogo•.1.'d 3 •.1i s oa.~cn.i 03/12109 Hourly Rates $10 00 $13 .~ S8 .80 $12 .79 $14 .15 $9.8.8 $13.22 $12.EJ $12 85 $13.27 $12 .CJ $13 .e,3 $12 e,a $13 5B s t 4 .e{) $t J e1 $14 12 $18 .12 S8 .43 $11 53 $1Ul3 $13 .57 $1 ~.e-2 S9 .. l 8 $\O e,5 Si8J?7 $11 .e.3 $11 EB $15 .20 $14 EJ $13 .17 $\J C4 S l 1.C4 $1 1 28 $1 1 C7 $14 £:1 SC-63 Classific.atio n s S cr.:;pe.r Oper alor Servicer Sl ip For m Machine Operator S or eader Box Ooeraior Tractor c~,ee,aior . Cr aw:er T~·pe Tract or cpecrato r , Pneumat,c Traves lin a MixEr OcErator Truck D rivEr-S ingle A xl e {Ughtl Truck D ri•,er-Sina!e Axl e; {Heavvl Truck Drive r--Tandem A xle S e m i-Tra ile r Tmck Or ive;r-lo·.-.•bo\'/Fl oat Truck Oriv<c!· Tr an sit M ix Wagon Drill . Bo ri ng M achJn e. Pe st Hele D C!l leer Welder t/,lo rk Zone 8anieade-S e ri..•iet-r Hrh• Rts S 1 1.4 2 $12.32 $12.3:!, $10.92 S 12 .6D $12..9 1 S 12.0:!. $10.91 $1 1.47 $11.75 $l.2.0S S 14.00 -5 13.,57 SHl.09 PART E-MATERIAL AND CONSTRUCTION SPECIFICATIONS TABLE OF CONTENTS DIVISION 1 GENERAL Section 01005 01010 01040 01041 01130 01300 01311 01380 01400 01510 01568 01700 01800 DIVISION 2 SITEWORK Section 02050 02110 02218 02219 02254 02255 02257 02403 02497 02831 Table of Contents FTW94158C Description Definitions and Terminology Summary of Work Project Administration Job Management Measurement and Payment Submittals Progress Schedules Project Photographs Quality Control Temporary Facilities Storm Water Pollution Prevention During Construction Contract Closeout Forms Description Demolition Clearing and Grubbing Digester Sludge Excavation Compacted Earth Fill Earth Fill Classifications Offsite Soil Borrow Care of Water During Construction Grass for Erosion Control Chain Link Fence and Gates TOC-1 01005 DEFINITIONS AND TERMINOLOGY 1.00 GENERAL 1.01 SPECIFICATION TERMINOLOGY A. "Engineer" or "Architect" means Freese and Nichols, Inc ., Architects and Engineers, 4055 International Plaza , Ste . 200 , Fort Worth , Texas 76109-4895 , or its designated representative . B. "Furnish" means to supply , deliver and unload materials and equipment at the project site ready to install. C . "Install" means the operations at the project site including unpacking, assembly, erection , placing, anchoring , applying , working to dimension, finishing, curing , protecting, cleaning , training and similar operations required to prepare the materials and equipment for use, verify conformance with Contract Documents and prepare for acceptance and operation by the Owner . D . "Provide" means to furnish and install materials and equipment. E . "Perform" means to complete the operations necessary to comply with the Contract Documents . F . "Indicated" means graphic representations, notes , or schedules on drawings, or other requirements in Contract Documents . Words such as "shown", "noted", "scheduled", are used to help locate the reference . No limitation on the location is intended unless specifically noted. G . "Specified" means written representations in the bid documents or the technical specifications. H. "Regulation" means laws , statutes, ordinances , and lawful orders issued by authorities having jurisdiction, as well as , rules, conventions, and agreements within the construction industry that control performance of work, whether they are lawfully imposed by authorities having jurisdiction or not. I. "Installer" means an entity engaged by Contractor, either as an employee, subcontractor, or sub-subcontractor to install materials and/or equipment. Installers are to have successfully completed a minimum of five projects similar in size and scope to this project, have a minimum of five years of experience in the installation of similar materials and equipment, and comply with the requirements of the authority having jurisdiction . J. "Manufacturer" means an entity engaged by Contractor, as a subcontractor, or sub-subcontractor to furnish materials and/or equipment. Manufacturers are to have a minimum of five years experience in the manufacture of materials and equipment similar in size , capacity and scope to the specified materials and equipment. K. "Project site" means the space available to perform the work, either exclusively or in conjunction with others performing construction at the project site . L. "Testing laboratory" means an independent entity engaged to perform specific inspections or tests, either at the project site or elsewhere, and to report and interpret the results of those inspections or tests . Definitions and Terminology FTW94158C 01005-1 M . "Listed" means equipment is included in a list published by a nationally recognized laboratory which makes periodic inspection of production of such equipment and states that such equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner. N. "Labeled" means equipment that embodies a valid label, symbol, or other identifying mark of a nationally recognized testing laboratory such as Underwriters Laboratories, Inc ., and production is periodically inspected in accordance with nationally recognized standards or tests to determine safe use in a specified manner. 0 . "Certified" used in context with materials and equipment means the material and equipment has been tested and found by a nationally recognized testing laboratory to meet specification requirements, or nationally recognized standards if requirements are not specified , and is safe for use in the specified manner . Production of the equipment must be periodically inspected by a nationally recognized testing laboratory and the equipment must bear a label , tag , or other record of certification . "Certified" used in context with labor performance or ability to install materials and equipment means that the abilities of the proposed installer have been tested by an representative of the specified testing agency authorized to issue certificates of competency and has met the prescribed standards for certification . "Certified" used in context with test reports , payment requests or other statements of fact means that the statements made on the document are a true statement as attested to by the certifying entity. 1.02 SPECIFICATION SENTENCE STRUCTURE A. Specifications are written in modified brief style . Requirements apply to all work of the same kind, class , and type even though the word "all" is not stated . B. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish", "install", "provide", or similar words include the meaning of the phrase "The Contractor shall ... " before these words. C. It is understood that the words "directed", "designated", "requested", "authorized", "approved", "selected", or similar words include the meaning of the phrase "by the Engineer" after these words unless otherwise stated. Use of these words does not extend the Engineer's responsibility for construction supervision or responsibilities beyond those defined in the General Conditions. D. "At no additional cost to Owner", "With no extra compensation to Contractor", "At Contractor's own expense", or similar words mean that the Contractor will perform or provide specified operation of work without any increase in the Contract Amount. It is understood that the cost for performing all work is included in the amount bid and will be performed at no additional cost to the Owner unless specifically stated otherwise . 1.03 DOCUMENT ORGANIZATION A. The contract requirements described in the General Conditions , Supplementary Conditions and Division 1 apply to each and all specification sections unless specifically noted otherwise . B. Organization of Contract Documents is not intended to control or to lessen the responsibil ity of the Contractor when dividing work among subcontractors , or to establish the extent of work to Definitions and Terminology FTW94158C 01005-2 be performed by any trade , subcontractor or vendor . Specifications or details do not need to be indicated or specified in each spec ification or drawing. Items shown in the contract documents are applicable regardless of location in the Contract Documents. C. Standard paragraph titles and other identifications of subject matter in the specifications are intended to aid in locating and recognizing various requirements of the specifications . Titles do not define , limit , or otherwise restrict specification text. D . Capitali zing words in the te xt does not mean that these words convey special or unique meanings or have precedence over other parts of the Contract Documents . Specification text governs over titling and it is understood that the specification is to be interpreted as a whole . E. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. Provide any work , materials or equipment required for a complete and functional system even if they are not detailed or spec ified . 1.04 INTERPRETATIONS OF DOCUMENTS A . Comply with the most stringent requirements where compliance with two (2) or more standards is specified , and they establish different or conflicting requirements for minimum quantities or quality levels , unless Contract Documents indicate otherwise . 1. Quantity or quality level shown or indicated shall be minimum to be provided or performed in every instance . 2. Actual installation may comply exactly with minimum quality indicated , or it may exceed that minimum within reasonable limits . 3 . In complying with these requirements, indicated numeric values are minimum or maximum values , as noted , or appropriate for context of requirements . 4. Refer instances of uncertainty to the Engineer for a decision before proceeding . B. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the drawings but are not included in the specifications . 1.05 REFERENCE STANDARDS A. Comply with applicable construction industry standards as if bound or copied directly into the Contract Documents regardless of lack of reference in the Contract Documents . Apply provisions of the Contract Documents where Contract Documents include more stringent requ irements than the referenced standards . 1. Standards referenced directly in the Contract Documents take precedence over standards that are not referenced but recognized in the construction industry as applicable . 2 . Comply with standards not referenced but recognized in the construction industry as applicable for performance of the work except as otherwise limited by the Contract Documents . The Engineer determines whether code or standard is applicable , or which of several are applicable . 8 . Consider a referenced standard to be the latest edition with supplements or amendments when a standard is referred to in an individual spec ification section but is not listed by title and date. C. Trade association names and title of general standards are frequently abbreviated . Acronyms or abbreviations used in the Contract Documents mean the recognized name of trade association , standards generating organization , authority having jurisdiction , or other entity Definitions and Terminology FTW94158C 01005-3 applicable in the context of the Contract Documents . Refer to "Encyclopedia of Associations ," published by Gale Research Company. D. Make copies of reference standards available as requested by Engineer or Owner. 1.06 SUBSTITUTIONS AND EQUAL PRODUCTS Provide materials and equipment manufactured by the entities specifically listed in each technical specification section . Submit a Contractor's Modification Request per Section 01300 , SUBMITTALS for substitution of materials and equ ipment of manufacturers not specifically listed or for materials and equipment that does not strictly comply w ith the Contract Documents . Definitions and Terminology FTW94158C END OF SECTION 01005-4 01010 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct work as described in the Contract Documents . 1. Provide the materials, equipment, and incidentals required to complete the project. 2 . Provide the labor, equipment , tools, and consumable supplies required for a complete project. 3. All bidders will be required to have all on-site personnel fulfill the requirements of 29CFR 1910.120 by completing OSHA's 40-hour training program for Hazardous Waste Operational Emergency Responders. 1.02 JOB CONDITIONS A. The General Conditions , the Supplementary Conditions , and Division One specifications apply to each specification sections . B . Comply with all applicable state and local codes and regulations pertaining to the nature and character of the work being performed . 1.03 DESCRIPTION OF WORK A. Work is described in general , non-inclusive terms as : 1. Removal and disposal of digester roofs 2 . Sampling and testing sludge and liquids from each digester 3. Pumping free liquids from digesters into onsite storage tanks , treating and disposing of in sanitary sewer system 4 . Mixing flyash with sludge/solids and testing sludge/soils with paint filter test 5 . Transporting and disposing of approved sludge/solids at CSC Disposal in Avalon , Texas 6 . Upon removal of sludge materials, pressure/steam cleaning interior of digesters to remove residual contaminated materials and plugging connecting pipes with lean concrete 7 . Install 1,975 linear feet of six-foot high chain link fence around digester areas. 8 Alternate Bid -in lieu of pressure/steam cleaning the interior of digesters and installing the chain link fence (Item #6 and #7) demolish concrete digester basins and control rooms; transport and dispose of concrete at CSC Landfill in Avalon , Texas as a TSCA- regulated, class 2 nonhazardous waste with PCBs ,50ppm. Pipes left in place after removal of digesters and control rooms shall be plugged with lean concrete prior to backfilling digester areas with clean fill. 1.04 OWNER-PROVIDED PRODUCTS A. Owner will provide to the Contractor the Liquids Processing Facility. The Contractor will be responsible for the purchase/rental of all frac tanks , pumps, hoses, piping , equipment and chemicals necessary for treating the sludge-contaminated liquids . Products are described above. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his bid on the most expensive listing . Summary of Work FTW94158C 01010-1 B. Assume responsibilities for coordination , installation and start-up Owner-provided products as for products selected by the Contractor. C . Provide labor, materials, equipment, tools , consumable supplies , and incidentals not specifically required by the contract between the Owner and vendor but required to provide a complete and operable product. D. Payment for the product will be made directly by the Owner. E. Include all other costs for the product in the proposed bid price . 1.05 CONSTRUCTION OF UTILITIES A. Power and Electrical Services 1. Pay for temporary power, including but not limited to construction cost , meter connection , fees and permits . B. Telephone Services 1. Pay for temporary service , including, but not limited to construction cost , telephones and equipment, connection fees and permit. C . Water Services 1. Pay for temporary service , including, but not limited to water meter from City , construction cost , equipment , connection fees and permit. 1.06 CONTRACTOR'S USE OF PROJECT SITE A . Limit the use of project site for work and storage to the areas at the site designated on the drawings and approved by the Owner. B. Coordinate the use of the premises with the Engineer. C . Assume full responsibility for the protection and safekeeping of products stored at the site . D. Obtain and pay for the use of any additional storage or work areas needed for construction. E. Any damage to existing facilities, including contamination, caused by the Contractor's personnel, visitors , materials, or equipment, shall be repaired or corrected at the Contractor's expense. F. No alcoholic beverages or illegal substances shall be permitted on the site at any time . G . No concealed or illegal weapons shall be permitted on the site at any time . 2.00 PRODUCTS 2.01 MATERIALS Provide materials and products per the individual sections of the specifications . Summary of Work FTW94158C END OF SECTION 01010-2 01040 PROJECT ADMINISTRATION 1.00 GENERAL 1 .01 WORK INCLUDED Administer contract requirements to construct the project. Provide documentation per the requirements of this Section . Provide information as requested by the Engineer or Owner concerning this project. 1.02 SUBMITTALS Submittals shall be in accordance with Section 01300 , SUBMITTALS . 1.03 COMMUNICATION DURING THE PROJECT A. The Engineer is to be the first point of contact for all parties on matters concerning this project. B. The Engineer will coordinate correspondence concerning: 1. Submittals, including requests for payment 2. Clarification and interpretation of the Contract Documents 3. Contract modifications 4 . Observation of work and testing 5 . Claims C . The Engineer will normally communicate only with the Contractor. Any required communication with suppliers or subcontractors will only be with the direct involvement of the Contractor. D. Written communications are to be directed to the Engineer at the address indicated at the Pre-construction Conference . Communications should include as a minimum : 1. Name of the Owner 2 . Project name 3 . Contract title 4 . Project number 5 . Date 6. A reference statement E. Submit communications on the forms referenced in this Section or in Section 01300 , SUB MITT ALS . 1.04 PROJECT MEETINGS A. Pre-construction Conference 1. Attend a pre-construction meeting . 2. The location of the conference will be determined by the Engineer. 3. The time of the meeting will be determined by the Engineer but will be after the Notice of Award is issued and not later than fifteen (15) days after the Notice to Proceed is issued . 4 . The Owner, Engineer, representative of utility companies , the Contractor's project manager and superintendent, and representatives from major subcontractors and suppliers may attend the meeting . 5 . Contractor should provide and be prepared to discuss : a) Preliminary construction schedule per Section 01311 , PROGRESS SCHEDULE . b) Preliminary Submittal Schedule per Section 01300. Project Admini stration FTW94158C 01040-1 c) Schedule of values and anticipated schedule of payments per Section 01130 , MEASUREMENT AND PAYMENT . d) List of Suppliers and Subcontractors . e) Contractor's organizational chart as it relates to this project. f) Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents , contract modifications and payment requests . B. Progress Meetings 1. Attend meetings with the Engineer and Owner. a) Meet on a monthly basis or as requested by the Engineer to discuss the project. b) Meet at the project site or other location as designated by the Engineer. c) Contractor's superintendent and other key personnel are to attend the meeting . Other individuals may be requested to attend to discuss specific matters . 2. Provide information as requested by the Engineer or Owner concerning this project. a) Prepare to discuss: 1) Status of overall project schedule . 2) Contractor's detailed schedule for the next month . 3) Anticipated delivery dates for equipment. 4) Coordination with the Owner. 5) Status of submittals. 6) Information or clarification of the Contract Documents. 7) Claims and proposed modifications to the contract. 8) Field observations , problems , or conflicts . 9) Maintenance of quality standards . b) Notify the Engineer of any specific items to be discussed a minimum of one (1) week prior to the meeting . 3. Review minutes of meetings and notify the Engineer of any discrepancies within ten (10) days of the date of the memorandum . a) Following that date, the minutes will stand as shown or as corrected. b) Corrections will be reflected in the minutes of the following meeting . c) Each issue is to be numbered to indicate the meeting number and the issue number. Issues discussed will be documented and old issues will remain on minutes of subsequent meetings until the issue is resolved. 1.05 REQUESTS FOR INFORMATION A. Submit Request for Information (RFI) to the Engineer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form shown in Section 01800, FORMS. 2 . Attach adequate information to permit a written response without further clarification. Engineer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information . B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents , and does not modify the Contract Documents . C. If the RFI indicates that a contract modification is required , the Engineer will initiate a Proposed Contract Modification (PCM) per Paragraph 1.07 . Project Administration FTW94158C 01040-2 1.06 NOTIFICATION BY CONTRACTOR A . Notify the Eng ineer of: 1. Need for test ing . 2. Intent to work outside regular working hours . 3. Request to shut down facilities or utilities . 4 . Proposed utility connections . 5. Required observation by Eng ineer or inspection agencies prior to covering work . 6. Training . B. Provide notifi cation a m inimum of two (2) weeks in advance in order to allow Owner and Engineer time to respond appropriately to the notification. C . Use "Notification By Contractor" form shown in Section 01800 , FORMS . 1.07 REQUESTS FOR MODIFICATIONS A. Submit a request to the Engineer for any change in the Contract Documents , Claim for additional compensation , or approval of any deviations from the Contract Documents. 1. Use the "Contractor's Modification Request " (CMR) form shown in Section 01800 , FORMS. 2 . Assign a number to the CMR when issued . 3. Include with the CMR: a) A complete description of the proposed mod ification . b) The reason the modification is requested . c) A detailed breakdown of the cost of the change (necessary only if the modification requires a change in contract amount). The itemized breakdown is to include : 1) list of materials and equipment to be installed , 2) manhours for labor by classification , 3) equipment used in construction , 4) consumable supplies , fuels, and materials, 5) royalties and patent fees, 6) bonds and insurance , 7) overhead and profit, 8) field office costs , 9) home office cost , 10) and other items of cost. d} A revised schedule indicating the effect on the critical path for the project and a statement of the number of days the project may be delayed by the modification . 4 . Submit a CMR to the Engineer in order to request a field change . 5 . A CMR is required for all substitutions or deviations from the Contract Documents . 6 . Engineer will evaluate the request for a contract modification. B . Owner will initiate changes through the Eng ineer. 1. Engineer will prepare a description of proposed modifications to the Contract Documents. 2. Engineer will use the "Proposed Contract Modification" form shown in Section 01800 , FORMS . Engineer will assign a number to the PCM when issued . 3. Return request with a proposal to incorporate the requested change . Include a breakdown of costs into materials and labor in sufficient detail to allow evaluation by the Engineer. C . If a contract modification is required , the Engineer will issue a Field Order per the General Conditions or a Change Order per the General Conditions . Proj ect Admini str ation FTW94I58C 01040-3 1. Modifications to the contract can only be made by a Field Order or a Change Order. 2 . Changes in the project will be documented by Field Order or by a Change Order. 3. Field Orders may be issued by the Engineer for contract modifications that do not change the contract amount or contract time . 4 . Any modifications that require a change in contract amount or contract time can only be approved by Change Order. a) CM R's and proposals issued by the Contractor in response to a PCM will be evaluated by the Engineer. b) If a change order is recommended, the Engineer will prepare the change order. c) The Change Order will be sent to the Contractor for execution with a copy to the Owner recommending approval. d) Change Orders can only be approved by the Owner. 1) Work performed on the proposed contract modifications prior to the approval of the Change Order will be performed at the Contractor's risk . 2) No payment will be made for work on Change Orders until approved by the Owner. D. The Contractor may be informed that the proposed modification is not approved and construction is to proceed in accordance with the Contract Documents . 1.08 RECORD DRAWINGS A. Maintain at the site one (1) complete record copy of: 1. Drawings 2. Specifications 3. Addenda 4 . Contract modifications 5. Approved shop drawings and record data 6. One (1) set of construction photographs 7. Test records 8. Clarifications and other information provided in RFI responses 9. Reference Standards B. Store documents and samples in the Contractor's field office. 1. Documents are to remain separated from documents used for construction. Do not use these documents for construction . 2 . Provide files and racks for the storage of documents. 3 . Provide a secure storage space for the storage of samples. 4 . Maintain documents in clean , dry, legible conditions, and in good order. 5. Make documents and samples available at all times for inspection by the Engineer and Owner. C. MARKING DRAWINGS 1. Label each document as "Project Record" in large printed letters . 2 . Record information as construction is being performed. a) Do not conceal any work until the required information is recorded . b) Mark drawings to record actual construction, including the following: 1) Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. 2) Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction . 3) Location of internal utilities and appurtenances concealed in the construction. Project Admini s tration FTW94158C Make reference to permanent structure on the surface. Include the following equipment: 01040-4 -Piping -Ductwork -Equipment and control devices requiring periodic maintenance or repair -Valves , unions , traps , and tanks -Services entrance -Feeders -Outlets -Changes of dimension and detail -Changes made by Field Order and Change Order -Details not on the original Contract Drawings. Include field verified dimensions and clarifications, interpretations , and additional information issued in response to RFl's . c) Mark specifications and addenda to identify products provided . 1) Record manufacturer name, trade name, catalog number, and each supplier (with address and phone number) of each product and item of equipment actually installed. 2) Record changes made by Field Order and Change Order. d) Mark additional work or information in erasable pencil. 1) Use red for new or revised indication . 2) Use purple for work deleted or not installed (lines to be removed). 3) Highlight in yellow the items constructed per the plans. e) Submit record documents to Engineer for review and acceptance 30 days prior to final completion of the project. 1) Provide one (1) set of marked up drawings . 2) Provide six (6) sets of specifications. f) Partial Payment Requests will not be recommended for payment if record documents are found to be incomplete or not in order. Final payment will not be recommended without record documents . Project Administration FTW94158C END OF SECTION 01040-5 01041 JOB MANAGEMENT 1.00 GENERAL 1.01 WORK INCLUDED A . Furnish equipment , manpower, products, and other items necessary to complete the project with an acceptable standard of quality and within the contract time . Construct project in accordance with current safety practices . B. Manage project site to allow access to site and control construction operations . C. Provide labor, materials, equipment and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the job site, including the removal of temporary facilities when no longer needed . D. Construct temporary impounding works, channels, diversions , furnishing and operation of pumps, install ing piping and fittings, and other construction for control of conditions at the site . Remove temporary controls at the end of the project. 1.02 QUALITY ASSURANCE A. Notify the Engineer per Section 01040, PROJECT ADMINISTRATION . B. Employ competent workmen , skilled in the occupation for which they are employed . Provide only first quality workmanship . Engineer and Owner shall determine if the quality of work is acceptable . C . A defective product is any product that has been found not to be in compliance with the Contract Documents or is damaged prior to final completion . Defective products shall be removed from the site immediately. D. Defective products may remain at the site if arrangements have been made to allow repair of the product at the site . Clearly mark the product as "defective" until removed or allowable repairs have been completed. 1.03 SUBMITTALS A . Submittals shall be in accordance with Section 01300 , SUBMITTALS, and shall include : 1. Copies of Manufacturer's printed storage instructions prior to delivery of the products and installation instructions prior to beginning the work . Maintain one copy at the job site until completion of the project. 2 . Two (2) copies of all reports prepared concerning accidents, injury, or death on the Project site to the Engineer as Record Data . 3. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings . 1.04 CLEANING DURING CONSTRUCTION A. When structures have been made weather-tight, keep buildings in a broom clean state at all times . Continue cleaning on a regular basis until the structure is ready for acceptance . B. Control dust from waste materials. C. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air-borne dust from disbursing into the atmosphere . Job Management 01041-1 FTW94158C D . Control dust and dirt from demolition , cutting , and patching operations . 1.05 STANDARDS Perform work to comply with local, State and Federal ordinances and regulations. 1.06 COORDINATION A. Coordinate the work of various trades having interdependent responsibilities for installing , connecting to, and placing in service all equipment. B. Coordinate requests for substitutions to provide compatibility of space, operating elements , effect on the work of other trades , and on the work scheduled for early completion . C. Coordinate the use of project space and the sequence of installation of equipment, or other work that is indicated diagrammatically on the Drawings. 1. Follow routings shown for tubes , pipes , ducts, conduits , and other items as closely as practical , with due allowance for available physical space. 2. Utilize space efficiently to maximize accessibility for Owner's installations for maintenance and repairs . 3. Schematics are diagrammatic in nature . Adjust routing of piping, ductwork , utilities , and location of equipment as needed to resolve spatial conflicts between the various trades at no additional cost. Document changes in the indicated routings on the Record Drawings. D. Where installation of one part of the work is dependent on installation of other components , either before or after its own installation , schedule construction activities in sequence required to obtain best results . E. Make adequate provisions to accommodate items scheduled for later installation , including accepted Bid Alternates , Owner-supplied, Contractor-installed items , work by others , and installation of products purchased with allowances. F. Sequence , coordinate , and integrate the various elements of materials and equipment. Comply with the following requirements : 1. Verify all dimensions by field measurements. 2. Where mounting heights are not detailed or dimensioned, install systems, materials , and equipment as permitted by codes to provide the maximum headroom possible . 3. Coordinate the connection of systems with exterior underground and overhead utilities and services . Comply with the requirements of governing regulations, franchised service companies , and controlling agencies . Provide required connection for each service . 4. Install systems , materials , and equipment to conform with approved submittal data , including coordination drawings , to the greatest extent possible . Conform to arrangements indicated by the Contract Documents, recognizing that portions of the work are shown only in diagrammatic form . Adjust routing of piping , ductwork, utilities , and location of equipment as needed to resolve spatial conflicts between the various trades at no additional cost. Document changes in the indicated routings on the Record Drawings . 5 . Install systems , materials, and equipment level and plumb , parallel and perpendicular to other building systems and components . 6 . Install systems, materials, and equipment to facilitate servicing , maintenance, and repair or replacement of components . As much as practical , connect for ease of disconnecting , with minimum of interference with other installations. Extend grease fittings to accessible locations. 1.07 PERMITS A. Obtain fees and permits necessary to conduct any part of the work . B. Arrange for inspections and certification by agencies having jurisdiction over the work. Job Management FTW94158C 01041-2 C. Make arrangements with private utility companies and pay for fees associated with obtaining services , or for inspection fees . 1.08 POLLUTION CONTROL A . Prevent the contamination of soil , water or atmosphere by the discharge of noxious substances from construction operations . Provide adequate measures to prevent the creation of noxious air-borne pollutants . Prevent dispersal of pollutan ts into the atmosphere . The Contractor shall not dump or otherwise discharge noxious or harmful fluids into drains or sewers , nor allow noxious liquids to contaminate public waterways in any manner. B . Provide equipment and personnel and perform emergency measures necessary to contain any spillage . 1. Contain chemicals in protective areas and do not dump on so i l. Dispose of such materials at off-s ite locations in acceptable manner. 2 . If contamination of the soil does occur, excavate contaminated soil and dispose at an off-site location . 3 . Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal , and the location of the disposal site . 4. Disposal of the contaminant is to comply w ith local , State and Federal regulations regarding the disposal of pollutants. 5 . Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. C . Groundwater or run -off water wh ich has come into contact with noxious chemicals , sludge , or sludge-contaminated soil is cons idered contaminated . Contaminated water must not be allowed to : • Enter streams or water courses . • Leave the site in a non-contained form . • Enter non-contaminated areas of the site . 1. Pump contaminated water to frac tanks for treatment per Specification Section 02218 - Digester Sludge installed by the Contractor for this purpose . 2. Any equipment used for handling contaminated water or soil w ithin contaminated areas shall be washed three (3) times with uncontaminated water prior to using such equipment in an uncontaminated area . Wash water used to wash such equipment is considered "contaminated" and shall be pumped to the designated confinement area. 1.09 EARTH CONTROL Remove excess soil , spoil materials and other earth not required for backfill at the time of generation . Control stock pile material to eliminate interference with construction and Owner's operations . 1.10 SAFETY REQUIREMENTS A. Protect the safety and welfare of workmen on the project, the Owner and the general public around the construction site. The Contractor is solely responsible for safety at the project s ite . Provide and maintain barricades, guard ra ils , covered walkways , and other protective devices to warn and protect from hazards at the construction site. B . Trenches shall comply with the provisions of Section 02220 , TRENCH SAFETY. C . Perform construction within buildings or structures occupied by the Owner per established fire codes and ordinances. 1.11 CONTRACTOR'S USE OF PROJECT SITE Job Management FTW94158C 01041-3 A. Limit the use of site for work and storage to those areas designated on the Drawings (approved by the Owner). Coordinate the use of the premises with the Engineer. B. Any damage to existing facilities , including contamination , caused by the Contractor's personnel , visitors , materials , or equ ipment, shall be repaired or corrected at the Contractor's expense . C . No alcoholic beverages or illegal substances shall be permitted on the site at any time , nor will persons under the influence of same be permitted to remain on the premises . Persons on site under the influence of alcoholic beverages or illegal substances will be permanently removed from the site in addition to possible criminal and civil penalties. D. Park equ ipment and employees' vehicles in designated areas only. E . Enter privately-owned land outside of the Owner's property , rights-of-way , or easements only with written permission of the Owner. F. The use of loud radios , obnoxious vulgar or abusive language , or sexual harassment in any form will not be tolerated and will be cause for immediate removal of the offender from the premises permanently, in addition to possible criminal or civil penalties . G . Workers attire shall be professional and commensurate to the trade . Sleeveless shirts , shorts , exceedingly torn, ripped or soiled clothing shall not be permitted . H. Firearms are not permitted on the site under any conditions , including persons with concealed handgun permits . 1.12 ACCESS TO THE SITE A. Maintain access to the facilities at all times . Roads , pedestrian walks , or access to the various structures or entrances shall not be obstructed . Prov ide safe temporary walks or other structures to allow access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges , and scaffolding in place until inspection has been completed. Construct access as required for inspections . C . Provide security at the construction site as necessary to protect against vandalism and loss by theft . 1.13 NORMAL PROJECT WORKING HOURS Normal project working hours for this project are included in the General Conditions . The Owner will requ ire that a representative of the Owner be present or available for work which occurs outside of the normal project working hours . The Contractor shall compensate the Owner for salary costs incurred by the Owner as a result of the Contractor choosing to work outside the normal project working hours. 1.14 DELIVERY AND STORAGE A . Products shall be delivered to the site per the Progress Schedule to prevent delays . B. Deliver packaged products to s ite in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices . Reseal cartons and store until used . Leave products in packages or other containers until installed . C . Deliver products that are too large to fit through openings to the site in advance of the time enclosing walls and roofs are erected . Set in place, raised above floor on cribs . Job Management FTW94158C 01041-4 D. The Contractor shall assume full responsibility for the protection and safekeeping of products stored at the site . Protect the products until installed . E. Store products at location acceptable to the Engineer and to allow Owner access for maintenance and operations. Store immediately upon deli very in accordance with the Manufacturer's storage instructions and with seals and labels intact. Arrange storage to allow access for maintenance of stored items and for inspection . Store unpacked and loose products on shelves , in bins , or in neat groups of like items . F. Obtain and pay for the use of any additional storage for work areas needed for construction . Provide and mainta in storage sheds as required for the protection of products . Remove at the completion of the project. Store products subject to damage by elements in substantial weather-tight enclosures or storage sheds of adequate dimensions . Maintain temperature and humidity within the ranges stated in the Manufacturer's instructions . Provide humidity control and ventilation for sensitive products as re q uired by manufacturer's instructions . G. Provide adequate exterior storage for products that may be stored out-of-doors . 1. Provide substantial platforms , blocking , or skids to support fabricated products above ground ; slope to provide drainage. Protect products from so iling or staining . 2. For products subject to dislocation or deterioration from exposure to the elements , cover with impervious sheet materials . Provide ventilation to prevent condensation below covering . 3 . Store loose , granular materials on clean , solid surfaces , or on rigid sheet materials , to prevent mixing with foreign matter. 4 . Provide surface drainage to prevent erosion and ponding of water. 5 . Prevent mixing of refuse or chemically injurious materials or liquids with stored materials . 6 . Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt , moisture , and other injurious materials . Protect PVC pipe from ultraviolet light ex posure . 7 . Store light weight products to prevent wind damage . H. Maintain storage facilities . Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities conti nue to meet specified requirements . 2 . Manufacturer's required environmental conditions are continually maintained . 3 . Surfaces of products exposed to the elements are not adversely affected . I. Protect and maintain mechanical and electrical equipment in storage. 1. Provide Manufacturer's service instructions on the exterior of the package . 2 . Service equipment on a regular basis as recommended by the Manufacturer. Maintain a log of maintenance services . Submit the log as Record Data at the completion of the Project. 3 . Provide power to and energize space heaters for all equipment for which these devices are provided . 4 . Provide temporary enclosures for all electrical equipment , including electrical systems on mechanical devices . Provide and maintain heat in the enclosures until equipment is energized . J . Replace at no additional cost any stored item damaged by inadequate protection or environmental controls . K. Payment may be withheld for any products not properly stored. 1.15 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. Examine the project site and review the available information concerning the site . Locate utilities , streets, driveways , fences, drainage structures , sidewalks , curbs , and gutters . Verify the elevations of the structures adjacent to excavations. Report these to the Engineer before beginning construct ion . Job Management 01041-5 FTW94158C B. Determine if existing structures , poles , piping , or other utilities at excavations will require relocation or replacement. Coordinate work with Owner, Engineer, local utility company and others . Include cost of demolition and replacement or relocat ion of these structures in the price proposal (bid) amount. C . Protect structures not to be replaced or relocated from damage during construction . Structure or utilities damaged during or as a result of construction shall be restored to a condition matching or better than that which existed before the start of construction . Include cost of restoration or replacement in the price proposal (bid). D. Protect existing trees and landscaping at the site . 1. Visit site with Eng ineer to identify trees that may be removed during construction . 2 . Mark trees to be removed with paint. 3 . Protect trees to remain from damage by wrapping trunks with 2 x 4 timber around the perimeter, securely wired in place , where machinery must operate around existing trees . Protect branches and limbs from damage by equipment. E. Protect buildings from damage when handling material or equipment. Protect finished surfaces , including floors , doors , and jambs . Remove doors and install temporary wood protective coverings over jambs . 1.16 CLEANING DURING CONSTRUCTION A. Clean the project as work progresses and dispose of waste materials , keeping the site free from accumulations of waste or rubbish. Provide containers on site for waste collection . B. Use only those cleaning products that will not create hazards to health or property and those methods recommended by the Manufacturer on the surfaces to be cleaned. Use cleaning products only on those surfaces recommended by the cleaning product Manufacturer. C . Comply with codes , ordinances , regulations , and anti-pollution laws . Waste materials shall not be burned or buried. Volatile or hazardous waste materials shall not be disposed of in storm or sanitary sewers . D. Transport waste materials in a controlled manner with as few handlings as possible . Materials shall not be dropped from heights . E. Remove waste materials , rubbish and debris from the site and legally dispose of these at public or private dumping areas . F. Waste materials or debris shall not be allowed to blow off of the site . 1.17 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS A. Construct temporary detours , including by-pass roads around construction to maintain the flow of traffic at all times. Public roads shall not be closed overnight. B. Maintain sufficiently clear width of the road for the free flow of traffic. C . The Contractor shall assume responsibility for any damage resulting from construction along roads or drives. D . Maintain barricades, signs, and safety features around the work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). 1.18 TRAFFIC MAINTENANCE Job Management FTW94158C 01041-6 A. Roads and streets shall remain open during all phases of construct ion , unless the Owner approves a street closing. B. Submit a written request for the Owner's approval of a street closing . The request shall state : 1. Reason for closing the street. 2 . How long the street w ill remain closed . 3. Procedures to be taken to maintain the flow of traffic . C . Provide temporary access around the closed street by constructing a temporary paved road at locations necessary to allow the Owner access to the remainder of the site . D. Maintain barricades, signs , and safety features around the detour and excavations . 1.19 DISRUPTION TO SERVICES A . Disruptions to existing utilities, piping, process piping , or electrical services shall be kept to a minimum . 1. Prepare a Plan of Action in accordance with Section 01030 , SPECIAL PROCEDURES. 2. Coordinate work with Owner, Engineer, local utility company , and others. 3. Comply with requirements of Section 01030 , SPECIAL PROCEDURES for any operation which requires shut down of some portion of facility . B. Maintain storm sewers and sanitary sewers in service at all times . Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not curtailed . 1.20 FIELD MEASUREMENTS A . Perform complete field measurements of the dimensions at the site for products required to fit existing conditions prior to purchasing products affected by that measurement or beginning construction . B. Verify property lines , control lines , grades , and levels indicated on the drawings . C. Verify pipe class, equipment capacities , existing electrical systems and power sources for existing conditions. D. Check shop drawings and indicate the actual dimensions available where products are to be installed . E. Include field measurements in record drawings as required in Section 01040, PROJECT ADMINISTRATION . 1.21 REFERENCE DATA AND CONTROL POINTS A. The following control points will be provided by the Engineer: 1. Base line or grid reference points for horizontal control. 2. Vertical control benchmark for vertical control. 3. Designated control points may be on an existing structure or monument. B. Locate and protect control points prior to starting the site work and preserve permanent reference points during construction . The Contractor shall not change or relocate points without prior approval of the Eng ineer. Notify Engineer when the reference point is lost , destroyed , or requires relocation . Replace project control points on the basis of the original survey . C . Provide complete engineering layout of the work needed for construction . Job Management FTW94158C 01041-7 1. Provide competent personnel. Provide equipment including accurate surveying instruments , stakes , platforms , tools , and materials. 2. Survey accuracy is to meet the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors , latest revision . 3. Record data and measurements per standards . 1.22 EXCESS EARTH Dispose of earth removed from excavations that is not required for backfill or embankments . Remove excess earth from the site within four weeks of completing excavation work. 1.23 CUTTING AND PATCHING A. Perform cutting, fitting , and patching required to complete the work or to: 1. Uncover work to provide for installation of new work or the correction of defective work . 2 . Provide routine penetrations of non-structural surfaces for installation of mechanical, electrical , and plumbing work. 3. Uncover work that has been covered prior to observation by the Engineer. B. Submit written notification to the Engineer in advance of performing any cutting which affects: 1. Work of any other Contractor or the Owner. 2 . Structural integrity of any structure or system of the project. 3. Integrity or effectiveness of weather exposed or moisture resistant structure or systems . 4 . Efficiency, operational life , maintenance, or safety of any structure or system . 5. Appearance of any structure or surfaces exposed occasionally or constantly to view . C . The notification shall include : 1. Identification of the project. 2. Location and description of affected work. 3. Reason for cutting, alteration, or excavation . 4 . Effect on the work of any separate contractor or Owner. 5. Effect on the structural or weatherproof integrity of the project. 6 . Description of proposed work, including: a . Scope of cutting , patching, or alteration . b. Trades that will perform the work. c. Products proposed for use . d . Extent of refinishing to be performed . e . Cost proposal, when applicable. 7 . Alternatives to cutting and patching. 8. Written authorization from any separate contractor whose work would be affected . 9 . Date and time work will be uncovered or altered . D. Examine the existing conditions , including structures subject to damage or to movement during cutting or patching. 1. Inspect conditions affecting installation of products or performance of the work after uncovering the work . 2. Provide a written report of unacceptable or questionable conditions to the Engineer. The Contractor shall not proceed with work until Engineer has provided further instructions . Beginning work will constitute acceptance of existing conditions by the Contractor. E. Protect the structure and other parts of the work and provide adequate support to maintain the structural integrity of the affected portions of the work. Provide devices and methods to protect adjacent work and other portions of the project from damage . Provide protection from the weather for portions of the project that may be exposed by cutting and patching work . F. Execute cutting and demolition by methods which will prevent damage to other work, and will provide proper surfaces to receive installation of repairs. Job Management FTW94158C 01041-8 G. Execute fitt ing and adjustment of products to provide a finished installation to comply with specified products , functions , tolerances , and finishes . H. Cut , remove , and legally d ispose of selected mechanical equipment, components , and materials as indicated, including but not limited to , the removal of mechanical piping , heating units, plumbing fi xtures and trim , and other mechanical items made obsolete by the modified work . I. Restore work which has been cut or removed . Install new products to provide completed work per the Contract Documents. J . Fit work air-tight to pipes , sleeves , ducts, conduit , and other penetrations through the surfaces . Where fire rated separations are penetrated , fill the space around the pipe or insert with materials with physical characteristics equivalent to fire resistance requirements of penetrated surface . K. Patch finished surfaces and building components using new products specified for the original installation . L. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes : 1. For continuous surfaces, refinish to the nearest intersection . 2 . For an assembly, refinish the entire unit. 1.24 BLASTING Blasting for excavations shall not be allowed 1.25 ASBESTOS ABATEMENT Examine premises for asbestos. Report discovery of questionable material to the Engineer. Owner will have a qualified testing laboratory test the material for asbestos and report findings to the Engineer. Submit Contractor's Modification Request per Section 01040 , PROJECT ADMINISTRATION for removal of asbestos containing materials per Occupational Safety and Health Administration 29CFR 1910 and 1926, "Occupational Exposure to Asbestos , Tremolite , Anthophyllite , and Actinolite" if asbestos is found . No work is to be performed without an approved Change Order. 1.26 ARCHAEOLOGICAL REQUIREMENTS A. If an historical or archaeological find is made during construction , cease operations immediately and contact the Engineer for instructions . B. Where significant historical or archaeological sites have already been identified within the project site , all construction activities must be conducted to avoid adverse impact on these sites . 1. The Contractor will be provided with details to assist in the work protection of these areas . 2. All information regarding the site shall remain confidential. 3. The Contractor shall assume responsibility for any unauthorized destruction that might result to such sites by construction personnel, and shall pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. 4 . The Contractor shall adhere to the requirements of the Texas Historical Commission . C. Archaeological sites shall not be disturbed . 1. The Owner's archaeological contractor will be available to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis . 2. Coordinate activities to permit Archaeological work to take place within the area . a . The Owner will attempt to archaeologically clear areas needed for construction as soon as possible . Job Management FTW94158C 01041-9 b. The Contractor shall provide a determination of priority for such areas . D. Contract time will be modified to compensate for delays caused by such archaeological finds. No additional compensation shall be paid for delays. 1.27 PRELIMINARY OCCUPANCY A . The Owner reserves the right to deliver, install and connect equipment, furnishings , or other apparatus in the structure. Preliminary occupancy shall not be construed as acceptance of any part of the structure , nor shall it in any manner affect the start of the guarantee periods . B. Protect the Owner's property after installation is complete . C . The Owner reserves the right of trial usage of any product for the purpose of testing or to ascertain that the equipment meets the requirements of the Contract Documents . This trial usage does not constitute acceptance by either the Engineer or the Owner. Trial usage in no way affects the Manufacturer's warranty or the guarantee period . 1.28 INITIAL MAINTENANCE A. Maintain equipment until the project is accepted by the Owner. Ensure that mechanical equipment is properly lubricated and cared for as recommended by the Manufacturer . 2.00 PRODUCTS 2 .01 MATERIALS Materials shall be in accordance with the requirements of the individual Sections . 3.00 EXECUTION Perform the work per the Manufacturer's published instructions . No preparatory step or installation procedure shall be omitted unless specifically exempted or modified by Field Order. Job Management FTW94158C END OF SECTION 01041-10 01130 MEASUREMENT ANO PAYMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Payments for work shall conform with the provisions of the General Conditions , the Supplementary Conditions , the Proposal , the Agreement , and this Section . B. Submit request for partial payment at the prices indicated in the Proposal. 1. Prices for each bid item in the proposal shall include but not be limited to cost for : a . Mobilization, demobilization, cleanup , bonds , and insurance . b . Professional services including but not limited to engineering and legal fees . c. The products to be permanently incorporated into the project. d . The products consumed during the construction of the project. e. The labor and supervision to complete the project. f . The equipment, including tools, machinery, and appliances required to complete the project. g . The field and home office administration and overhead costs related directly or indirectly to the project. 2. Prices bid shall include the work not specifically set forth as an individual payment item . These items are considered to be a subsidiary obligation of the Contractor and the cost for these items shall be included in the bid prices . 3. Payment shall be based on the actual quantity of work completed per Contract Documents and measured per this Section. 4 . Payment shall be made for Materials-on-Hand. a . Materials must be properly stored on site per Section 01041 , JOB MANAGEMENT. b. Payment may be made for the invoice amount less the specified retainage. c. Invoices must be provided at the time they are included on the Materials-on-Hand tabulation . d . Documentation of payment for Materials-on-Hand must be provided for these items with the next payment request. Payment will be adjusted to the amount actually paid if this differs from the invoice amount. If this documentation is not provided the item must be removed from the Materials-on-Hand list and payment will be withheld. e . Payment for Materials-on-Hand is provided for the convenience of the Contractor and does not constitute acceptance of the product. 5. The work covered by Progress Payments shall become the property of the Owner at the time of payment. C. Application for payment shall be submitted per the provisions of this Section. 1.02 SCHEDULE OF VALUES AND PAYMENTS A. Submit a detailed schedule of values for the work to be performed on the project. 1. Submit schedule within 10 days prior to submitting the first request for payment. 2 . Line items in the proposal are to be used as line items in the schedule . 3. Payment will be made on the quantity of Work completed per Contract Documents during the payment period and as measured per this Section. a . Payment amount shall be the work quantity measured multiplied by the unit prices for that line item in the Proposal. b . Payment on a unit price basis will not be made for work outside finished dimensions shown in the Contract Documents . c . Partial payments will be made for lump sum line items in the Proposal. 1) Lump sum line items in the Proposal are to be divided to allow easy determination of the percentage of the item that has been completed . a) Provide adequate detail to allow easy determination of the percentage of work completed for each item . Measurement and Payment FTW94158C 01130-1 b) Items, with the exce ption of equipment packages are not to exceed $50 ,000.00 . c) Separate product costs and installation costs. 1. Product costs include cost for product, delivery and unloading costs , royalties and patent fees , taxes , and other cost paid d irectly to the supplier or vendor . 2. Installation costs include cost for the supervision , labor and equipment for field fabrication , erection , installation , start-up , initial operation and Contractor's overhead and profit. d) Lump sum items may be d ivided into an estimated number of units . 1. The estimated number of units t imes the cost per unit must equal the lump sum amount for that line item . 2. Contractor will receive payment for all of the lump sum line item . e) Include a directly proportional amount of Contractor's overhead and profit for each line item . f) Divide principal subcontract amounts into an adequate number of line items to allow determination of the percentage of work completed for each item. 2) These line items may be used to establish the value of work to be added or deleted from the project. 3) Correlate line items with other admin istrative schedules and forms : a) Progress schedule b) List of subcontractors c) Schedule of allowances d) Schedule of alternatives e) List of products and principal suppliers f) Schedule of submittals 4) Costs for mobilization shall be listed as a separate line item and shall be actual cost for : a) Bonds and insurance b) Transportation and setup for equipment c) Transportation and/or erection of all field offices, sheds and storage facilities d) Salaries for preparation of submittals required before the first payment request e) Salaries for field personnel assigned to the project related to the mobilization of the project f) Mobilization may not ex ceed 5 percent of the total contract amount g) Cost for mobilization may be submitted only for work completed 5) The sum of all values listed in the schedule shall equal the total contract amount. 4 . Submit a schedule indicating the ant icipated schedule of payments to be made by the Owner. Schedule shall indicate : a. The payment request number. b . Date the request is to be submitted . c . Anticipated amount of the payment request. 5. Schedule shall be updated quarterly or more often if necessary to provide a reasonably accurate ind ication of the funds that the Owne r will need to have available to make payment to the Contractor for the work performed. B. Provide written approval of the Schedule of Va lues , Payment Request Form , and method of payment by the Surety Company providing performance and maintenance bonds prior to submitting the first Payment Request. Payment will not be made without this approval. 1.03 PAYMENT PROCEDURES A. Submit payment requests per the submittal procedures indicated in Section 01300 , SUBMITTALS . B. Requests may be submitted on a pre-printed form as indicated in Section 01300 , SUBMITTALS or may be generated by computer. Computer generated payment requests Measurement and Payment FTW94158C 01130-2 must have the same format and information indicated in the pre-printed form and be approved by the Engineer. 1. Submit a Schedule of Values in the payment request format to be used . a . Request must include a completed Summary of Payment Request Values as indicated in Section 01800 , FORMS with each estimate submitted . 1) Each request must be sequentially numbered and the payment period indicated . 2) Total amounts for Value of Original Contract Performed, Extra Work on Approved Change Orders , and Materials-on-Hand are to be shown on the Summary Sheet and are to correspond to totals indicated on the attached tabulation for each . 3) The number of pages included in each tabulation is to be noted in the blank space on the Summary Sheet to allow a determination to be made that all sheets have been submitted . 4) Contractor's certification must be executed by the Contractor's agent of authority and notarized for each payment request. b. The Tabulation of Values for Original Contract Performed (Attachment "A") is to indicate the total contract amount and the work completed to date. c . The Tabulation of Extra Work on Approved Change Orders (Attachment "B") is to include only approved Change Order items. d . The Tabulation of Materia ls-on-Hand (Attachment "C") is to list all materials that are presented for payment. Once an item has been entered on the tabulation it is not to be removed. e . Project Summary Report (Attachment "D") is to be included with each payment request. Data included in the Project Summary Report are to be taken from the other tabulations . 2. The Schedule of Values and the form for the submission of requests may not be altered without the express written consent of the Engineer once these have been approved by the Engineer. 3. Final payment requires additional procedures and documentation per Section 01700, CONTRACT CLOSEOUT . C. Progress payments shall be made as the work progresses on a monthly basis . 1. The payment period shall end on the last day of each month and shall cover all work completed and materials received since the end of the last payment period . 2. After the end of the payment period , submit a draft copy of the payment request for that month to the Engineer . Agreement is to be reached on : a. The percentage of work completed for each lump sum item . b. The quantity of work completed for each unit price item . c . The percentage of work completed for each approved Change Order item . d. The amount of Materials-on-Hand . 3. On the basis of these agreements the Contractor is to prepare a final copy of the payment request and submit it to the Engineer for approval. a . The final copy is to be signed by the representative of the Contractor authorized to execute documents for the Contractor and notarized. b. The Engineer will review the payment request and if appropriate will recommend payment of the request to the Owner. A. Each payment request is to be accompanied by a revised and up-to-date progress schedule per Section 01311 PROGRESS SCHEDULES . B. Each payment request is to be accompanied by Project Photographs per Section 01380, PROJECT PHOTOGRAPHS . 1.04 ALTERNATES A. This section describes each alternate by number and describes the basic changes to be incorporated into the work when this alternate is made a part of the work in the Contract Agreement. B. Drawings and Specifications will outline the extent of work to be included in the Alternate Bid . Measurement and Payment FTW94158C 01130-3 C . Coordinate related work and mod ify surrounding work as required to properly integrate the work under each Alternate , and provide a complete and functional system as required by the Contract Documents . D. Alternates will be accepted or rejected at the option of the Owner. E . Alternate prices will be ma intained a minimum of 120 days, unless noted otherwise . F. Provide submittals for products furnished as part of the alternate proposal per Section 01300 , SUBMITTALS . G . DESCRIPTION OF AL TERNA TES 1 . Alternate Bid -Demolition . Removal and Dispo sal of Digester Tanks and Control Rooms Alternate Bid includes the demolition , removal and disposal of digester tanks , control rooms and associated piping and backfilling digester areas with clean fill in lieu of leaving digester tanks and control rooms in place , steam cleaning the digester tanks and constructing chain link fence around digester areas . 1.05 MEASUREMENTPROCEDURES A. Measure the methods used in trench excavation safety protection by the linear foot of trench deeper than five (5) feet and pay at the unit price in the Proposal , wh ich is the total compensation for furnishing design , materials , tools , labor , equipment , and incidentals necessary , includ ing removal of the system . B . Measure the wo rk described in the Proposal for payment. 2.00 MEASUREMENT AND PAYMENT 1. Item No . 1.: Traffic Control Plan Payment shall be at the lump sum price bid for "Traffic Control Plan ", which payment shall constitute full compensation for labor, equipment, tools , and incidentals necessary to complete the work as specified and indicated on the plans . 2. Item No . 2: Storm Water Pollution Prevention Plan Payment shall be at the lump sum price bid for "Storm Water Pollution Prevention Plan ", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified and indicated on the plans. 3 . Item No. 3: Mobilization Payment for mobilization shall be at the unit cost bid per lump sum and shall be full compensation for those items noted above in paragraph 1.02A.3.c.4 ). 4 . Item No . 4 : Clearing and Grubbing Measurement and Payment will be made at the lump sum price bid for "Clearing and Grubbing ", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the specified work , including refilling of depressions . The amount bid for "C learing and Grubbing" shall not exceed one (1 %) percent of the total amount bid , exclusive of "Mobilization " and "Clearing and Grubbing ". 5 . Item No . 5: Digester Lid Removal and Demolition Payment shall be at the lump sum price bid for "Digester Lid Removal and Demolition ", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified and indicated on the plans . 6. Item No . 6: Transportation of Metal Roofs for Recycling Measurement and Payment FTW94158C 01130-4 Payment shall be at the lump sum price bid for "Transportation of Metal Roofs for Recycling ", which payment shall constitute full compensation for labor , equipment, tools , and incidentals necessary to complete the work as specified . 7 . Item No . 7 : Transportation of Uncontaminated Roof Debris & Concrete (Class 2 Nonhazardous Construction and Demolition Debris) to CSC Disposal Transportation of Uncontaminated Roof Debris & Concrete (Class 2 Nonhazardous Construction and Demolition Debris) to CSC Disposal shall be measured for payment by the ton transported . Measurement will be to the nearest ton as recorded at the scales at CSC Landfill. Payment will be made at the contract unit price bid for "Transportation of Uncontaminated Roof Debris & Concrete (Class 2 Nonhazardous Construction and Demolition Debris) to CSC Disposal ", which payment shall constitute full compensation for labor, equipment , tools, and incidentals necessary to complete the work as specified . 8 . Item No . 8 : Disposal of Uncontaminated Roof Debris & Concrete Disposal of Uncontaminated Roof Debris & Concrete shall be measured for payment by the ton excavated. Measurement will be to the nearest ton as recorded at the scales at CSC Landfill. Payment will be made at the contract unit price bid of $15.50 per ton for "Disposal of Uncontaminated Roof Debris & Concrete", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified . The designated price includes a disposal fee of $15 .50/ton to CSC Disposal (see Pricing Commitment Letter to City of Fort Worth). 9 . Item No . 9 : Sample Collection (Liquid and Solid Samples) Sample Collection (Liquid and Solid Samples) shall be measured for payment per sample collected. Payment will be made at the unit price bid for "Sample Collection (Liquid and Solid Samples )", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified . 10 . Item No . 10: PCB Analysis PCB Analysis shall be measured for payment per analysis performed . Payment will be made at the unit price bid for "PCB Analysis", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified . 11 . Item No . 11: Total RCRA Metals Analysis Total RCRA Metals Analysis shall be measured for payment per analysis performed . Payment will be made at the unit price bid for "Total RCRA Metals Analysis", which payment shall constitute full compensation for labor, equipment, tools , and incidentals necessary to complete the work as specified . 12 . Item No. 12 : TCLP RCRA Metals Analysis TCLP RCRA Metals Analysis shall be measured for payment per analysis performed . Payment will be made at the unit price bid for "TCLP RCRA Metals Analysis ", which payment shall constitute full compensation for labor, equipment, tools , and incidentals necessary to complete the work as specified . 13. Item No. 13: Total Cu/Ni/Zn Analysis Total Cu/Ni/Zn Analysis shall be measured for payment per analysis performed. Payment will be made at the unit price bid for "Total Cu/Ni/Zn Analysis", which payment shall constitute full compensation for labor, equipment, tools , and incidentals necessary to complete the work as specified . 14 . Item No . 14 : Cyanide Analys is Cyanide Analysis shall be measured for payment per analysis performed . Payment will be made at the unit price bid for "Cyanide Analysis ", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified. 15 . Item No. 15 : voe Analysis Measurement and Payment FTW94158C 01130-5 VOC Analysis shall be measured for payment per analysis performed . Payment will be made at the unit price bid for "VOC Analysis ", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified . 16. Item No . 16 : SVOC Analysis SVOC Analysis shall be measured for payment per analysis performed . Payment will be made at the unit price bid for "SVOC Analysis ", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified. 17 . Item No . 17: Herbicide/Pestic ide Analysis Herbicide/Pesticide Analysis shall be measured for payment per analysis performed . Payment will be made at the unit price bid for "Herbicide/Pesticide Analysis", which payment shall constitute full compensation for labor , equipment, tools , and incidentals necessary to complete the work as specified . 18 . Item No . 18: TCLP VOC/SVOC/Herbicide/Pesticide Analysis TCLP VOC/SVOC/Herbicide/Pesticide Analys is shall be measured for payment per analysis performed . Payment will be made at the unit price bid for "TCLP VOC/SVOC/Herbicide/Pesticide Analysis ", wh ich payment shall constitute full compensation for labor, equipment, tools , and incidentals necessary to complete the work as specified . 19 . Item No . 19 : Aqueous Sludge/Liquid Removal , Treatment and Disposal Aqueous Sludge/Liqu id Removal, Treatment and Disposal shall be measured for payment by the gallon disposed of. Measurement will be to the nearest gallon . Payment will be made at the contract unit price bid for "Aqueous Sludge/Liquid Remova l, Treatment and Disposal " regardless of the variation in quantity , which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified . 20 . Item No . 20 : Sludge Solids Mix ing , Stabilization and Excavation Sludge Solids Mixing , Stabilization and Excavation shall be measured for payment by the cubic yard excavated . Measurement will be to the nearest cubic yard . Payment will be made at the contract unit price bid for "Sludge Solids Mixing , Stabilization and Excavation ", which payment shall constitute full compensation for labor, equipment, tools , and incidentals necessary to complete the work as specified . 21 . Item No . 21 : Class "F" Flyash Measurement for Flyash shall be at the unit price bid per ton of flyash used in mixing and solidification of the sludge as described in Bid Item No . 13 . Payment shall be made at the unit price bid and shall be full compensation for flyash used in mixing with the sludge . 22 . Item No . 22 : Transportation of Stabilized Solid Sludge/Contaminated Debris to Disposal Site Transportation of Stabilized Solid Sludge/Contaminated Debris to Disposal Site shall be measured for payment by the ton excavated . Measurement will be to the nearest ton as recorded at the scales at CSC Landfill . Payment will be made at the contract unit price bid for "Transportation of Stabilized Solid Sludge/Contaminated Debris to Disposal Site ", which payment shall constitute full compensation for labor, equipment, tools, and incidentals necessary to complete the work as specified . 23 . Item No . 23: Stabilized Sludge/Contaminated Debris Disposal (TSCA regulated , Nonhazardous waste with PCBs > 50 ppm) Stabilized Sludge/Contaminated Debris Disposal (TSCA regulated , Nonhazardous waste with PCBs > 50 ppm) shall be measured for payment by the ton disposed . Measurement will be to the nearest ton. Payment will be made at the contract unit price bid of $80 .25 per ton for "Stabilized Sludge Disposal Stabilized Sludge/Contaminated Debris Disposal (TSCA regulated, Nonhazardous waste with PCBs > 50 ppm)", which payment shall constitute full compensation for labor, equipment, tools , and incidentals necessary to complete the work as specified . The designated price includes a disposal fee of $80.25/ton to CSC Disposal (see Pricing Commitment Letter to City of Fort Worth}. 24 . Item No 24: Pressure Clean Digesters and Treatment of Liquids Measurement and Payment FTW94158C 01130-6 Payment shall be at the lump sum price bid for "Pressure Clean Digesters and Treatment of Liquids ", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as specified and indicated on the plans . 25 . Item No . 25 : Plugging of Digester Pipes Payment shall be at the lump sum price bid for "Plugging of Digester Pipes ", which payment shall constitute full compensation for labor, equipment, tools , and incidentals necessary to complete the work as spec ified and indicated on the plans . 26 . Item No . 26 : 6-Foot Chain Link Fencing and Gates Six-foot chain link fence shall be measured in linear feet of fence as shown on the plans . Payment shall be made at the unit price bid per linear foot for "6-Foot Chain Link Fencing ". Payment shall constitute full compensation for labor, equipment, tools , and incidentals necessary to complete the work as specified and indicated on the plans . 27 . Item No . 27 : Disposal of Personal Protective Equipment Personal Protective Equipment Disposal shall be measured for payment by the drum disposed . Measurement will be by the drum. Payment will be made at the contract unit price bid of $125.00 per drum for "Personal Protective Equipment Disposal ", which payment shall constitute full compensation for labor, equipment , tools , and incidentals necessary to complete the work as spec ified . The designated price includes a disposal fee of $125 .00/drum to CSC Disposal (see Pricing Commitment Letter to City of Fort Worth). Measurement and Payment FTW94158C END OF SECTION 01130-7 01300 SUBMITTALS 1.00 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the Owner and Engineer to : 1. Record the products incorporated into the Project for the Owner. 2. Provide information for operation and maintenance of the Project. 3 . Provide information for the administration of the Contract. 4 . Allow the Engineer to advise the Owner if products proposed for the project by the Contractor conform , in general, with the design concepts of the Contract Documents . B. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the Engineer's review of submittals . Contract modifications may only be approved by Change Order or Field Order. 1.02 CONTRACTOR'S RESPONSIBILITIES A. Review all submittals prior to submission. B . Determine and verify: 1. Field measurements. 2. Field construction requirements . 3. Location of all existing structures, utilities and equipment related to the submittals . 4 . Submittals are complete for their intended purpose . 5 . Conflicts between the submittals related to the various subcontractors and suppliers have been resolved . 6. Quantities and dimensions shown on the submittals . C. Submit information per the procedures described in this section and the detailed specifications . D . Furnish the following submittals: 1. As specified in the attached Submittal Schedule . 2. Schedules, data and other documentation as described in detail in this section or referenced in the General Conditions . 3 . Documentation required for the administration of the Contract per Section 01040 , PROJECT ADMINISTRATION. 4 . Shop drawings required for consideration of a contract modification per Paragraph 1.08 . 5. Submittals as required in the detailed specifications . 6. Submittals not required will be returned without Engineer's review . 7 . Contractor shall submit a Site Health and Safety Plan for Engineer's review prior to beginning site operations. 8. Contractor shall provide a weekly report to the Engineer that includes the following: a. Laboratory Test Reports for that week. b. Waste manifests generated for that week. c. A breakdown of quantities generated for each bid item that is not a lump sum bid item. E . Submit a schedule indicating the date submittals will be sent to the Engineer and proposed dates that the product will be incorporated into the project. Make submittals promptly in accordance with the schedule so as to cause no delay in the project. Submittals FTW94158C 01300-1 1. Submittals shall be sent to Engineer allowing a reasonable time for delivery, rev iew and marking submittals . Time for review is to include time for resubmission if necessary and to allow adequate time for the ordering , fabrication , and delivery of the product. 2 . Schedule submittal to provide all information for interrelated work at one time . No review will be performed on submittals requiring coordination with other submittals . Engineer will return submittals for resubmission as a complete package . F. Submittals for systems and related equipment shall include information for all of the components required for a complete and operational system . 1. Include electrical , mechanical , and other information required to indicate how the various components of the system function . 2. Where certifications, warranties, and written guarantees are required , they will be provided with the submittal package for review . G. Fabrication or installation of any products prior to the approval of shop drawings is done at the Contractor's risk . Products not meeting the requirements of Contract Documents are defective and may be rejected at the Owner's option . H. Payment will not be made for products for which submittals are required until the submittals have been received. Payment will not be made for products for which shop drawings or samples are required until these are approved by the Engineer . 1.03 QUALITY ASSURANCE A . Submit legible, accurate , complete documents presented in a clear , easily understood manner. Submittals not meeting this criteria will be returned without review. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents including drawings and specifications as modified by Addenda , Field Orders , and Change Orders . C. Furnish and install products that fully comply with the information included in the submittal. D. Review and approve submittals prior to submitting them to the Engineer for review . Submittals will not be accepted from subcontractors , suppliers , or anyone other than the Contractor. 1.04 SUBMITTAL PROCEDURES A. Deliver submittals to the Engineer at the following address unless otherwise stated at the Pre- Construction Conference: FREESE AND NICHOLS , INC . Attn. Construction Services 4055 International Plaza Suite 200 Fort Worth , Texas , 76109-4895 Reference Project: FTW94158C B. Transmit all submittals, with a properly completed Submittal Transmittal Form as indicated in Section 01800, FORMS . 1. A separate transmittal form shall be used for each specific product, class of material, and equipment system . 2. Items specified in different sections of the specifications are to be submitted separately unless integrally related. C. Assign a Contractor's submittal number to the documents originated to allow tracking of the submittal during the review process . Submittals FTW94158C 01300-2 1. Assign the number consisting of a prefix , a sequence number, and a letter suffix . Prefixes shall be as follows : Prefix Description Oriainator co Chanae Order Enaineer CMR Con tractor's Modification Request Contractor CTR Certified Test Report Contractor EIR Equipment Installation Report Contractor FO Field Order Enaineer NBC Notification by Contractor Contractor O&M Operation & Maintenance Manuals Contractor PCM Proposed Contract Modification Enqineer PR Payment Request Contractor pp Proiect Photoqraohs Contractor RD Record Data Contractor RFI Request for Information Contractor SAM Sample Contractor SD Shop Drawina Contractor SCH Schedule of Proaress Contractor 2. Issue sequence numbers in chronological order for each type of submittal. 3 . Issue numbers for resubmittals that have the same number as the original submittal followed by an alphabetical suffix indicating the number of times the same submittal has been sent to the Engineer for processing . For example: SD-025-A represents a shop drawing that is the twenty-fifth submittal of this type and is the second time this submittal has been sent for review. 4 . Clearly note the submittal number on each page or sheet of the submittal. 5. Correct assignment of numbers is essential since different submittal types are processed in different ways . D. Submit documents with uniform markings and page sizes. 1. Paper size shall allow for ease of reproduction. d . Submit documents on 8-1/2" X 11" paper where practical. e. Use 11" X 17" paper for larger drawings and schematics (folded to 8-1 /2 " X 11 "). f . Use full size blueline sheets for fabrications and layout drawings. Reproducible drawings may be submitted in lieu of bluelines . 2 . Mark submittals to : a . Indicate Contractor's corrections in green . b . Highlight items pertinent to the products being furnished in yellow and delete items that are not when the Manufacturer's standard drawings or information sheets are provided. c . Cloud items and highlight in yellow where selections by the Engineer or Owner are required . d. Mark dimensions with the prefix FD to indicate field verified dimensions on the drawings . e . Provide a blank space 8" x 3" for Contractor's and Engineer's stamp . 3 . Define abbreviations and symbols used in shop drawings . a . Use terms and symbols in shop drawings consistent with the Contract Drawings . b . Provide a list of abbreviations and their meaning as used in the shop drawings . c. Provide a legend for symbols used on shop drawings . E. Mark submittals to reference the drawing number and/or section of the specifications, detail designation, schedule or location that corresponds with the data submitted . Other identification may also be required , such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. F. Deliver samples required by the detailed specifications to the project site . Provide a minimum of two (2) samples . Submittals FTW94158C 01300-3 G . Construct mock-ups from the actual products to be used in construction per detailed specifications . H. Submit color charts and samples for every product requiring color , texture or finish selection . 1. Submit all color charts and samples at one time . 2. Do not submit color charts and samples until all record data have been subm itted or shop drawings for the products have been approved . 3 . Subm it color charts and samples not less than thirty (30) days prior to when the se produ cts are to be ordered or released for fabrication to comply with the schedul e for construction of the project. I. Submit Contractor's Modification Request per Section 01040 , PROJECT ADMINISTRATION to request modification to the Contract Documents . J. The number of copies of each subm ittal to be sent by the Contractor and the number of c opies of each submittal to be returned are : Prefix Description No. of No . of Copies Sent Copies Returned CMR Contractor's Modification Request 4 1 CTR Certified Test Report 3 0 EIR Equipment Installation Report 3 0 NBC Notification by Contractor 3 1 O&M Preliminary O&M Manuals 4 1 O&M Final O&M Manuals 4 0 PR Payment Request 5 1 pp Proiect Photographs 2 0 RD Record Data 3 0 RFI Request for Information 3 1 SAM Sample 2 0 SD Shop Drawinqs 4 1 SCH Schedule of Proqress 3 0 K. Submit an electronic copy of each subm itta l through the Freese and Nichols , Inc. FNManager website at https://construction.freese.co m. The Contractor will be prov ided access to log onto the FNManage r website to post submittal documents and check the status of submittals . The complete contents of each submittal, including associated drawings product data , etc ., shall be submitted in Adobe Acrobat PDF format, or other format approved by Engineer. 1.05 REVIEW PROCEDURES A. Shop drawings shall be reviewed in the order received . 1. The Contractor may mark submittals as "Priority" for review. Contractor should use discretion in the use of "Priority" submittals as this may delay the review of submittals previously submitted . 2 . Priority submittals will be reviewed before other submittals for this project which have been received but not reviewed . 3 . Revi se the Schedule of Contractor's Submittals for substantial deviations from the previous schedule . B. Review procedures vary with the type of submittal as described in Paragraph 1.06 . Submittals FTW94158C 01300-4 1.06 SUBMITTAL REQUIREMENTS A . Shop drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication , erection or installation of the product without additional detailed information from the product's manufacturer. 1. Shop drawings are requested so that the Engineer can : a . Assist the Owner in selecting colors, textures or other aesthetic features . b . Compare the proposed features of the product with the specified features so as to advise the Owner that the product does, in general, conform to the Contract Documents . c . Compare the performance features of the proposed product with those specified so as to advise the Owner that it appears that the product will meet the designed performance criteria . d. Review required certifications , guarantees , warranties , and service agreements for compliance with the Contract Documents . 2 . Contractor shall certify that he has reviewed the shop drawings and made all necessary corrections such that the products , when installed, will be in full compliance with the Contract Documents . Shop drawings submitted without this certification will be returned without review . 3 . Submit shop drawings for : a . Products indicated in the submittal schedule following this section. b. When a substitution or equal product is proposed in accordance with Paragraph 1.08 of this Section . 4 . Include a complete description of the material or equipment to be furnished . Information is to include: a. Type , dimensions , size , arrangement, model number , and operational parameters of the components . b . Weights , gauges , materials of construction, external connections , anchors, and supports required . c. Performance characteristics , capacities , engineering data , motor curves , and other information necessary to allow a complete evaluation of mechanical components . d. All applicable standards such as ASTM or Federal specification numbers . e . Fabrication and installation drawings , setting diagrams , manufacturing instructions, templates , patterns , and coordination drawings . f. Wiring and piping diagrams and related controls . g. Mix designs for concrete , asphalt , or other materials proportioned for the project. h. Complete and accurate field measurements for products which must fit existing conditions . Indicate on the submittal that the measurements represent actual dimensions obtained at the site . 5. All required statements of certification, guarantees, extended service agreements , and other related documents are to be provided with the shop drawing . The effective date of these documents shall be the date of acceptance of the work by the Owner. 6 . Comments will be made on items called to the attention of the Engineer for review and comment. Any marks made by the Engineer do not constitute a blanket review of the submittal or relieve the Contractor from responsibi lity for errors or deviations from the Contract requirements . Submittals FTW94158C a. Submittals that are reviewed shall be returned with one or more of the following designations: 1) Approved -Submittal is found to be acceptable as submitted . 2) Approved as Noted -Submittal is acceptable with corrections or notations made by Engineer and may be used as corrected. 3) Revise and Resubmit -Submittal has deviations from the Contract Documents , significant errors , or is inadequate and must be revised and resubmitted for subsequent review . 4) Not Approved -Products are not acceptable. b . Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Revise and Resubmit". These drawings are to be revised to provide a clean record of the submittal. 01300-5 c . Dimensions or other data that do not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided . The Contractor is to make revisions as appropriate to comply with Contract Documents . B. Certifications, Warranties and Service Agreements include documents as specified in the detailed specifications , as shown in the submittal schedule or as follows : 1. Certified Test Reports (CTR) - A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the specifications . (Refer to Section 01400 , QUALITY CONTROL .) 2 . Certification of Local Field Service (CLS) - A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the project site. List na mes , addresses , and telephone numbers of approved service organizations on or atta c h to the certificate . 3 . Extended Warranty (EW) - A guarantee of performan ce for the product or system beyond the normal two (2) year warranty described in the General Conditions . Issue the warranty cert ificate in the name of the Owner. 4 . Extended Service Agreement (ESA) - A contra ct to provide maintenance beyond that required to fulfill requirements for warranty repairs , or to perform routine maintenance for a definite period of time beyond the warranty period . Issue the service agreement in the name of the Owner. 5 . Certification of Adequacy of Design (CAD) - A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation , failure, or adverse effects to the performance and operational requirements of the uni t. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 6 . Certification of Appl icator/Subcontractor (CSQ) -A certified letter stating that the Applicator or Subcontractor proposed to perform a s pecified function is duly designated as factory authorized and tra ined for the appl ication of the specified product. C. Submit record data to prov ide info rmation to allow the Owner to adequately identify the products incorporated into the proj ect and allow repla cement or repair at some future date . 1. Prov ide record data for all products. Record data is not required for items for which shop drawings and/or operations and maintenance manuals are required. 2 . Provide information only on the specified products. Submit a Contractor's Modification Request for approval of deviations or substitution s and obtain approval by Field Order or Change Order prior to submitting Re cord Data . 3 . Provide the same information required for shop drawings. 4 . Reco rd data will be received by the Engineer, logged , and provided to Owner for his record . a. Record data may be reviewed to see that the information provided is adequate for the purpose intended . Inadequate drawi ngs may be returned as unacceptable . b. Record data is not reviewed for complian ce with the Contract Documents . Comments may be returned if deviations from the Contract Documents are noted during the cursory rev iew performed to see that the information is adequate . D. Provide samples for comparison with products delivered to the site for use on the project. 1. Samples shall be of sufficient size and quantity to clearly illustrate the functional characteristics of the product , with integrally related parts and attachment devices . 2 . Indicate the full range of color, te xture , and patterns . 3 . Dispose of samples when related work has been completed and approved , and disposal is requested by the Engineer. At Owner's option samples will become the property of the Owner. E. Construct mock-ups for comparison with the work being performed . 1. Construct mock-ups of the size or area indicated in the detailed specifications . 2. Construct mock-ups complete with texture and finish to represent the finished product. Submittals FTW94158C 01300-6 3. Protect mock-ups until work has been completed and accepted by the Owner. 4 . Dispose of mock-ups when related work has been completed and disposal is approved by the Engineer. F . Submit Operation and Maintenance manuals (O&M) for all equipment, mechanical devices , or components described in the Contract Documents per Section 01730 , OPERATION AND MAINTENANCE MANUALS . Include copies of approved shop drawings in the manual. G . Submit Request For Information (RFI) in accordance with Section 01040 , PROJECT ADMINISTRATION. H . Submit a Schedule of Values and Payment Requests (PR) in accordance with Section 01130 , MEASUREMENT AND PAYMENT . I. Submit Progress Schedules (SCH) in accordance with Section 01311 , PROGRESS SCHEDULES . J. Submit Certified Test Reports (CTR) from independent testing laboratories in accordance with Section 01400, QUALITY CONTROL. 1. Submit test reports for material fabricated for this project with shop drawings for that product. 2 . Submit test reports produced at the point of production for standard production products with the record data for that product. K . Submit a list of Suppliers and Subcontractors as Record Data in accordance w ith Section 01040 , PROJECT ADMINISTRATION. L. Submit Notifications by Contractor (NBC) in accordance with Section 01040 , PROJECT ADMINISTRATION . M. Submit Project Photographs (PP) in accordance with Section 01380 , PROJECT PHOTOGRAPHS . 1.07 REQUESTS FOR DEVIATION A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the specifications . B. Submit request by Contractor's Modification Request (CMR) per Section 01040 , PROJECT ADMINISTRATION . Identify the deviations and the reason the change is requested . C. Deviations that result in a reduction in cost shall also include the amount of the reduction to the Owner. D. A Change Order or Field Order will be issued by the Engineer for deviations approved by the Owner. Deviations from the Contract Documents may only be approved by Change Order or Field Order. 1.08 SUBMITTALS FOR EQUAL NON-SPECIFIED PRODUCTS A . The products of the listed suppliers are to be furnished where detailed specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products . Use of any products other than those specifically listed is a substitution and must be approved per Paragraph 1.09 . B . Contractor may submit other manufacturers ' products that are in full compliance with the specification where detai led specifications list one or more manufacturers followed by the phase "or equal" or "or approved equal". Submittals FTW94158C 01300-7 1. Submit shop drawings of adequate detail to document that the proposed product is equal or superior to the specified product. 2 . Prove that the product is equal. It is not the Engineer's responsibility to prove the product is not equal. a . Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information . Provide this printed material with the submittal. c . The decision of the Engineer regarding the acceptability of the proposed product is final. 3 . Provide a typewritten certification that , in furnishing the proposed product as an equal , the Contractor: a . Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified . b. Has determined that the product w ill perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds for the product specified . d . Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional work which may be necessary to incorporate the product into the project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 4 . A modification request is not required for any product that is in complete compliance with the Contract Documents . 1.09 SUBMITTALS FOR SUBSTITUTIONS A . Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. B. If the Contractor desires to submit a manufacturer or product which is not specified , the Contractor must submit the following for consideration of approval of the substitution: 1. Contractor's Modification Request for deviation from the Contract Documents per Paragraph 1.07. 2. Prove that the product is acceptable as a substitute . It is not the Engineer's responsibility to prove the product is not acceptable as a substitute . a . Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information . Provide this printed material with the submittal. c . The decision of the Engineer regarding the acceptability of the proposed substituted product is final. 3. Prov ide a typewritten certification that , in making the substitution request , the Contractor: a. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. b . Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the Manufacturer of the specified product. c . Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the project and will waive all claims for additional work which may be necessary to incorporate the substituted product into the project which may subsequently become apparent. d. Will maintain the same time schedule as for the specified product. C. Engineering cost for review of substitutions will be paid by the Contractor. 1. Cost for additional review time will be billed to the Owner by the Engineer for the actual hours required for the review and marking of shop drawings by Engineer and in accordance with the following rates : Submittals FTW94158C 01300-8 Principal-in-Charge Project Manager Design Engineer Engineering Technician Clerk $250 .00 $175 .00 $175.00 $125 .00 $70 .00 2. Cost for the additional review shall be paid to the Owner by the Contractor on a monthly basis . 1.10 GUARANTEES A. Warranties and guarantees shall be submitted as required by the Contract Documents and submitted with the shop drawings or record data . 1.11 RESUBMISSION REQUIREMENTS A. Make all corrections or changes in the submittals required by the Engineer and resubmit until approved . B. For shop drawings : 1. Revise initial drawings or data and resubmit as specified for the original submittal. 2. Highlight in yellow those revisions which have been made in response to the first review by the Engineer. 3 . Highlight in blue any new revisions which have been made or additional details of information that has been added since the previous review by the Engineer . C. For samples: 1 . Submit new samples as required for the initial sample . 2 . Remove samples which have been rejected . D . For mock-ups : 1. Construct a new mock-up as initially required. 2 . Dispose of mock-ups which have been rejected . E . Engineering cost for excessive review of shop drawings will be paid by the Contractor. 1. Excessive review of shop drawings is defined as any rev iew required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2 . Cost for additional review time will be billed to the Owner by the Engineer for the actual hours required for the review and marking of shop drawings by Engineer and in accordance with the following rates : Principal-in-Charge Project Manager Design Engineer Engineering Technician Clerk $250.00 $175 .00 $175 .00 $125.00 $70.00 3 . Pay cost for the additional review to the Owner on a monthly basis as billed by the Owner. 4 . Need for more than one resubmission or any other delay of obtaining Engineer's review of submittals , will not entitle the Contractor to an extension of Contract Time. All costs associated with such delays shall be at the Contractor's expense . 1.12 ENGINEER'S DUTIES A . Review the submittals and return with reasonable promptness. Submittals FTW94158C 01300-9 B. Affix stamp, indicate approval , rejection, and the need for resubmittal. C. Distribute documents Submittals FTW94158C 01300-10 SUBMITTAL SCHEDULE Spec. No. Description 02050 Demolition 02110 Clearinq and Grubbinq 02218 Diqester Sludqe 02219 Excavation 02220 Trench Safety 02254 Compacted Earth Fill 02255 Earth Fill Classifications 02257 Offsite Soil Borrow s D X S C A T M R X X C E E L W S S A C C A S D Q R 0 D M X 02403 Care of Water Durinq Construction X 02497 Legend SD SAM CTR CLS EW ESA Grassinq for Erosion Control Shop Drawing Sample Certified Test Report Certification of Local Field Service Extended Warranty Extended Service Agreement Submittals Cmv 1/96 END OF SECTION CAD CSQ RD OM EIR PPB Certificate of Adequacy of Design Certification of Applicator/Subcontractor Record Data Operation and Maintenance Manuals Equ ipment Installation Report Process Performance Bond 01300-11 E R p p B 01311 PROGRESS SCHEDULES 1.00 GENERAL 1.01 REQUIREMENTS A. Prepare and submit a progress schedule for the work and update the schedule on a monthly basis for the duration of the project. B. Provide schedule in adequate detail to allow Owner to mon itor the work progress , to anticipate the time and amount of progress payments, and to relate submittal processing to sequential activities of the work . C. Incorporate and specifically designate the dates of anticipated submission of submittals and the dates when subm ittals must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the work per the schedule submitted. 1.02 SU BM ITT ALS A. Submit progress schedules in accordance with Section 01300 , SUBMITTALS. Submit schedules with in the following times: 1. Preliminary schedule within 10 days after the Notice of Award . The schedule is to be available at the pre-construction conference. 2. Detailed schedule at least 10 days prior to the first payment request. B. Submit progress schedules w ith requests for partial payment. Schedules may be used to evaluate the requests for partial payment. Failure to submit the schedule may cause delay in the review and approval of progress payments . 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning , scheduling, and reporting during the execution of the work. 2 . Assure the coordination of the work of the Contractor and the various subcontractors and suppliers . 3 . Assist in monitoring the progress of the work . 4. Assist in evaluati ng proposed changes to the contract and project schedule. 5. Assist the Owner in review of Contractor's monthly payment requests . B. Provide personnel with five (5) years minimum experience in scheduling construction work comparable to this project. Prepare the schedule using acceptable scheduling software . C. Provide the schedule in the form of a computer generated critical path schedule which includes work to be performed on the project. It is intended that the schedule accomplish the follow ing : 1. Give early warning of delays in time for correction . 2. Require that detailed plans for the execution of the work be prepared in the form of future activities and events in sequential relationships . 3. Establish inter-relationships of significant planned work activities and provide a logical sequence of interdependence of planned work activities . 4 . Provide continuous current status information. 5 . Allow analysis of the Contractor's program for the completion of the project. Progress Schedules FTW94158C 01311-1 6 . Permit preparation of new schedules when an existing schedule is not achievable . 7. Log the progress of the work as it actually occurs . D. A time scaled CPM arrow or precedence diagram shall be prepared to indicate each activity and its start and stop dates . 1. Develop milestone dates and project completion dates to conform to time constraints , sequencing requirements and contract completion date . 2. Use calendar days durations while accounting for normal holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate by a graphical method, the critical path for work to complete the project. Only one (1) critical path shall be shown on the construction schedule. E. The schedule is to be accompanied by a time scaled horizontal bar chart which indicates graphically the work scheduled at any time during the project. The chart is to indicate: 1. Complete sequence of construction by activity . 2 . Identification of the activity by structure , location, and type of work . 3. Chronological order of the start of each item of work . 4 . The activity start and stop dates . 5 . The activity duration . 6 . Successor and predecessor relationships for each activity. Group related activities or use lines to indicate relationships . 7. A clearly indicated critical path . Indicate only one (1) critical path on the schedule . The subsystem with the longest time of completion is the critical path where several subsystem each have a critical path . Float time is to be assigned to other subsystems . 8. Projected percentage of completion , based on dollar value of the work included in each activity as of the first day of each month . F. Submit a separate submittal schedule indicating the dates when the submittals are to be sent to the Engineer. 1. List specific dates submittal is to be sent to the Engineer. 2. List specific dates submittal must be processed in order to meet the proposed schedule . 3 . Allow a reasonable time to review submittals , taking into consideration the size and complexity of the submittal, the submission of other submittals , and other factors that may affect review time . 4. Allow time for re-submission of the submittals for each item. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous submittals and for time lost when submittals are submitted for products that do not meet specification requirements . G . Update the schedule at the end of each monthly partial payment period to indicate the progress made on the project to that date . 1.04 SCHEDULE REVISIONS A . Revise the schedule if it appears that the schedule no longer represents the actual progress of the work . 1. Submit a written report if the schedule indicates that the project is more than thirty (30) days behind schedule . The report is to include : a . Number of days behind schedule b. Narrative description of the steps to be taken to bring the project back on schedule . c . Anticipated time required to bring the project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the project back on schedule . B. Revise the schedule to indicate any adjustments in contract time approved by change order. Progress Schedules FTW94158C 01311-2 1. Revised schedule is to be included with Contract Modification Request and in response to Proposed Contract Modifications by the Owner and Engineer for which an extension of time is requested . 2 . Failure to submit a revised schedule indicates that the modification shall have no impact on the ability of the Contractor to complete the project on time and that the cost associated with the change of additional plant or work force have been included in the cost proposed for the modification. C. Updating the project schedule to reflect actual progress is not considered a revision to the project schedule . D. Payment estimates may not be recommended for payment without a revised schedule and if required, the report indicating the Contractors plan for bringing the project back on schedule . 1.05 FLOAT TIME A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule . B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C . Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract time cannot be changed by the submission of this schedule . Contract time can only be modified by approved change order. E. Schedule completion date must be the same as the contract completion date. Time between the end of construction and the contract completion date is to be indicated as float time . Progress Schedules FTW94158C END OF SECTION 01311-3 01380 PROJECT PHOTOGRAPHS 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish an adequate number of photographs of the project site to clearly depict pre-existing conditions . 1. Provide a minimum of 10 different views. 2 . Photograph a panoramic view of the entire project site. 3. Photograph significant areas of future construction . 4 . Photograph areas of adjacent property, unusual site conditions, or other areas of special concern. 5 . Provide one (1) aerial photograph of the site from an angle and height to include the entire project site while providing adequate detail. B. Furnish an adequate number of photographs of the project site monthly to clearly depict the progress of construction from the last time photographs were taken. 1. Provide a minimum of 10 d ifferent views . 2 . Photograph a panoramic view of the entire project site. 3. Photograph significant areas of construction progress . 4. Submit photographs with the monthly pay request. C. Furnish an adequate number of photographs of the project site to clearly depict the completed project. 1. Provide a minimum of 10 different views . 2. Photograph a panoramic view of the entire project site. 3 . Photograph all significant areas of completed construction . 4. Completion photographs are not to be taken until all construction trailers , excess materials , trash and debris have been removed . 5. Employ a professional photographer approved by the Engineer to photograph the project. 6. Provide one (1) aerial photograph of the site from an angle and height to include the entire project site while providing adequate detail. D. Provide a video tape of the construction site (right-of-way) prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right-of- way) including but not limited to streets , curb and gutter, utilities, driveways, fencing , landscaping , etc . 2 . Perform recording after construction staking when possible but prior to any clearing . 3. Provide one copy of the tape , dated and labeled to the Engineer before the start of construction . Provide additional taping as directed by the Engineer if the tape provided is not considered suitable for the purpose of recording pre-existing conditions . E. All photographs and an electronic copy on a CD of each photograph taken are to become the property of the Owner. Photographs may not be used for publication , or public or private display without the express written consent of the Owner. 1.02 QUALITY ASSURANCE Photographs shall be clear with proper exposure . New photographs are to be taken immediately if photos of an adequate quality cannot be produced from the negative . Photographs shall be of a quality to permit enlargements. 2.00 PRODUCTS Project Photographs FTW94158C 01380-1 2 .01 PHOTOGRAPHS A . Photographs shall be provided in digital format with a minimum resolution of 1280 X 960 - fine , no digital zoom. B. Photographs shall be taken at locations acceptable to the Owner . C . Provide two (2) color copies of each photograph and an electronic copy on a CD of each photograph taken. D. Identify each print on back with : 1. Project name . 2 . Date , time, location , and orientation of the exposure . 3. Description of the subject of photograph . E. Submit photograph in clear plastic sheets designed for that purpose . Place only one (1) photograph in each section to allow description on the back to be read without remov ing the photograph . F. Final photographs are to include , in addition to normal prints, two (2) 8" x 10" glossy color prints for each of ten (10) photographs selected by the Owner . 2 .02 VIDEO TAPE A. Provide DVD or VHS format video tape . B. Identifying project on tape by audio or visual means. 3.00 EXECUTION [NOT USED] Project Photographs FTW94158C END OF SECTION 01380-2 01400 QUALITY CONTROL 1.00 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. Control the quality of work produced and verify that the work performed meets the standards of quality established in the Contract Documents . 1. Inspect the work performed by the Contractor, subcontractors and suppliers . Correct defective work . 2 . Inspect products to be incorporated into the project. Provide only those products that comply with the Contract Documents . 3. Verify conformance of the work and products with the Contract Documents before notifying the Owner of need for testing. 4. Provide consumable construction materials of adequate quality to provide a finished product that complies with the Contract Documents. 5 . Provide and pay for the services of an approved professional materials testing laboratory to insure that products proposed for use fully comply with the Contract Documents. 6. Perform tests as indicated in this and other sections of the specifications . Schedule the time and sequence of testing with the Owner and Engineer. Testing is to be observed by the Owner, Engineer, or designated representative . 7 . Provide labor, materials , tools, equipment , and related items for testing by the Owner including, but not limited to temporary construction required for testing and operation of new and existing utilities . B. Provide Certified Test Reports on products or constructed works to be incorporated into the project as required by Section 01300, SUBMITTALS . Reports are to indicate that products or constructed works are in compliance with the Contract Documents . C . Provide and maintain a written Quality Control Program that establishes the methods of assuring compliance with the Contract Documents . D. Designate Quality Control personnel at the start of the project. These personnel shall have the authority to monitor the work effectively and to implement and enforce the Quality Control Program . E . Assist the Eng ineer , Owner, and Owner's testing organization to perform quality assurance activities . 1. Provide access to the work and to the Manufacturer's operations at all times work is in progress . 2 . Cooperate fully in the performance of sampling , inspection , and testing . 3. Furnish labor and facilities to: a . Provide access to the work to be tested . b. Obtain and handle samples for testing at the project site or at the source of the product to be tested. c. Facilitate inspections and tests . d. Store and cure test samples . 4 . Furnish copies of the tests performed on products . 5 . Provide adequate quantities of representative product to be tested to the laboratory at the designated location . 6 . Give the Owner adequate notice before proceeding with work that would interfere with testing . 7 . Notify the Engineer and the testing laboratory prior to the time that testing is required . Quality Control FTW94158C Lead time is to be adequate to allow arrangements to be made for testing. 01400-1 8 . Do not proceed with any work until testing services have been performed and results of tests indicate that the work is acceptable . 9. Provide complete access to the site and make Contract Documents available . 10 . Provide personnel and equipment needed to perform sampling or to assist in mak ing the field tests . 11 . Testing performed by the Owner will be paid for by the Owner. F. Provide a recognized testing laboratory capable of performing a full range of testing procedures complying with the standards or testing procedures specified . Obtain Owners 's approval for the testing laboratory befo re testing is performed . G . Provide personnel certified to perform the test required . H. Should requirements of this Section of the specification conflict with the requirements of the technical specifications , the technical specifications shall govern . 1.02 QUALITY ASSURANCE ACTIVITIES BY THE OWNER A . Quality assurance activities of the Owner and Engineer through their own forces or through contracts with materials testing laboratories and survey crews are for the purpose of monitoring the results of the Contractor's work to see that it is in compliance with the requirements of the Contract Documents . 1. Quality assurance activities of the Owner and Engineer in no way relieves the Contractor of the obligation to perform work and furnish products and constructed work conforming to the Contract Documents . 2 . Failure on the part of the Owner or Engineer to perform or test products or constructed works in no way relieves the Contractor of the obligation to perform work and furnish materials conforming to the Contract Documents . 1.03 SU BM ITT ALS A. Submittals shall be in accordance with Section 01300 , SUBMITTALS, and shall include : 1. The name of the proposed testing laboratory along with documentation of qualifications , a list of tests that can be performed , and a list of recent projects for which testing has been performed with references from those projects . 2. Test reports per Paragraph 1.07 , TEST REPORTS of this specification . 1.04 STANDARDS A. Provide a testing laboratory that complies with the ACIL (American Council of Independent Laboratories) "Recommended Requirements for Independent Laboratory Qual ifications". B. Perform testing per recognized test procedures as listed in the various sections of the specifications , standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations . Perform tests in accordance with published procedures for testing issued by these organizations . 1.05 DELIVERY AND STORAGE Handle and protect test specimens of products and construction materials at the construction site in accordance with recognized test procedures . 1.06 VERIFICATION TESTING A. Provide verification testing when tests performed by the Owner indicate that materials or the results of construction act ivities are not in conformance with Contract Documents . Quality Control FTW94158C 01400-2 B . Verification testing is to be provided at the Contractor's expense to verify products or constructed works are in compliance after corrections have been made . C . Tests must comply with recognized methods or with methods recommended by the Owner's test ing laboratory and approved by the Engineer. 1.07 TEST REPORTS A . Test reports are to be prepared for all tests . 1. Tests performed by testing laboratories may be submitted on their standard test report forms. These reports must include the following : a. Name of the Owner, proj ect title and number, equipment installer and general contractor. b . Name of the laboratory, address , and telephone number. c . Name and signature of the laboratory personnel performing the test. d . Description of the product being sampled or tested . e . Date and time of sampling , inspection , and testing . f . Date the report was issued . g . Description of the test performed. h. Weather conditions and temperature at time of test or sampling . i. Location at the site or structure where the test was taken . j. Standard or test procedure used in making the test. k . A description of the results of the test. I. Statement of compliance or non-compliance with the Contract Documents. m . Interpretations of test results , if appropriate . 2 . Submit reports on tests performed by Contra ctor or his suppl iers or vendors on the forms provided in Section 01800 , FORMS . B. Distribute copies of the test reports to : Owner Resident Project Representative Engineer Contractor 1.08 NON-CONFORMING WORK No . of Copies 2 1 1 1 A. Immediately correct any work that is not in compl iance with the Contract Documents or submit a written explanation of why the work is not to be corrected immediately and when the corrective work will be performed . B . Payment fo r non-conforming work shall be withheld until work is brought into compliance with the Contract Documents . 1.09 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY A. The testing laboratory representatives are limited to providing consultation on the test performed and in an advisory capacity. B. The testing laboratory is not authorized to : 1. Alter the requirements of the contract documents . 2 . Accept or reject any portion of the work . 3 . Perform any of the duties of the Contractor. 4 . Stop the work . Quality Control FTW94158C 01400-3 2.00 PRODUCTS 2 .01 TESTING APPARATUS Furnish testing apparatus and related accessories necessary to perform the tests . 3.00 EXECUTION [NOT USED] Quality Control FTW94158C END OF SECTION 01400-4 01510 TEMPORARY FACILITIES 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish temporary facilities, including Contractor's field offices , storage sheds , and temporary utilities needed to complete the work . B . Furnish , install , and maintain temporary project identification signs . Provide temporary on-s ite informational signs to identify key elements of the construction facilities . Do not allow other signs to be displayed . 1.02 QUALITY ASSURANCE A . TESTING Inspect and test each service before placing temporary utilities in use . Arrange for all required inspections and tests by regulatory agencies , and obtain required certifications and permits for use . 1.03 DELIVERY AND STORAGE A. Arrange transportat ion , loading , and handling of temporary build ings and sheds . 1.04 JOB CONDITIONS A . Locate buildings and sheds at the job site as indicated or as approved by the Owner. B. Prepare the site by removing trees , brush , or debris and performing demolition or grubbing needed to clear a space adequate for the structures . C . Contractor will pay for the utilities (electrical power, telephone , water , etc .) used by temporary facilities during construction. D . Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the work . E . Maintain , expand as required, and modify temporary services and facilities as needed throughout the progress of the work . F. Do not remove services and facilities until they are no longer needed . G. Operate temporary facilities in a safe and efficient manner. 1. Do not overload temporary services or facilities. 2 . Do not let temporary services or facilities interfere with the progress of the work. 3. Do not allow unsanitary conditions, public nuisance , or hazardous conditions to develop or exist at the site . 4. Do not permit freezing of pipes , flooding , or the contamination of water. 5. Maintain site security and protection of the facilities . 1.05 OPTIONS A . Construction offices may be prefabricated buildings on skids or mobile trailers . B. Storage sheds may be prefabricated buildings on skids or truck trailers . Temporary Facilities FTW94158C 01510-1 2.00 PRODUCTS 2 .06 TEMPORARY OFFICES A. Furnish a field office for Contractor's use of adequate size to allow meetings of about ten (10) people . B . Other trades may provide their own offices only when space is available on the site , and both the Owner and the Contractor agree . 2 .07 TEMPORARY STORAGE BUILDINGS Furnish storage buildings of adequate size to store any materials or equipment delivered to the s ite that might be affected by weather. 2 .08 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the job site from the Notice to Proceed until project conclusion . Maintain these facilities in a clean and sanitary condition at all times , and comply with the requirements of the local health authority. On large sites , provide portable toilets at such locations that no point in the work-site shall be more than 600' from a toilet. B. Contractor's workmen shall use these sanitary facilities at all times. Rest rooms within existing or Owner-o c cup ied buildings shall not be used . 2.09 TEMPORARY HEAT Provide heating devices needed to protect the building during construction . A . Provide fuel needed to service the heating devices . B. Heating devices shall be attended at all times . C . In no event shall heaters be allowed to operate overnight without someone in attendance . 2.10 TEMPORARY UTILITIES A. Contractor will provide all temporary utilities needed during construction , testing, disinfection , and start-up of the Work , including electrical power, water, and telephone . Contractor will pay all costs associated with furnishing temporary utilities . 1. Provide a source of temporary electrical power of adequate size for the construction procedures . a . Electrical pole and service shall comply with OSHA and other safety requirements and the requirements of the power company. b. Make the electrical power available to the trades as needed . c . Provide extensions to the various parts of the buildings as needed. d. Provide junction boxes in such an arrangement that distribution boxes are available within 75 ' of any part of the structure . 2 . Provide for temporary water. Extend water to the construction site and maintain source until such time that the permanent water supply can be extended to the site . Pay all water costs for construction , testing , disinfection , and start-up of the Work. 3 . Provide telephone service to the site and install telephones inside the Contractor's office . B . Make arrangements with the local utility company, comply with utility company's requirements and pay for the utility costs during construction, testing disinfection , and start-up of the Work. C . Make utilities available to the trades during construction , testing , disinfection , and start-up . Temporary Facilities FTW94158C 01510-2 3.00 EXECUTION 3 .01 LOCATION OF TEMPORARY FACILITIES A . Locate all temporary facilities in an area that will not interfere with any work to be performed under this contract. B. Construct and install signs at locations as required by applicable regulatory agencies or as selected by the Owner. Install informational signs at the height of optimum visibility, on ground-mounted poles or attached to temporary structural surfaces . 3.02 PROJECT IDENTIFICATION AND SIGNS A. Provide project identification signs of the size, lettering, and construction indicated by the Owner and in accordance with specified requirements . 3.03 TEMPORARY LIGHTING A. Provide portable flood lights at any time that work will be performed outside the structure at night. Provide adequate lighting to provide sufficient light at any location work is being performed . 3.04 DRINKING WATER A. Pay for services and maintain daily. 3.05 CONSTRUCTION FENCE Install and maintain a construction fence around the construction site and/or around the storage yard as indicated . Fence may be wood picket or chain link construction. Provide gates with padlocks . 3 .06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings , sheds, and utilities at the conclusion of the project and restore the site to original condition or finished in accordance with the drawings . B . Remove informational signs upon completion of construction . C . Remove project identification signs, framing , supports , and foundations upon completion of the project. 3.07 MAINTENANCE AND JANITORIAL SERVICE A . Maintain signs and supports in a neat , clean condition. Repair damage to structures, framings, or signs . B. Repair any damage to permanent structures or finishes caused by placement or removal of temporary signage . Temporary Facilities FTW94158C END OF SECTION 01510-3 01568 STORM WATER POLLUTION PREVENTION DURING CONSTRUCTION 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials , equipment, and incidentals necessary to provide storm water pollution prevention for the duration of the construction period including furnishing , installing , and maintaining erosion and sediment control structures and procedures and properly removing the features when no longer required. Develop, implement, and maintain a storm water pollution prevention plan in compliance with Local, State, and Federal requirements. Provide preventive measures to keep sediment and other pollutants from the construction activity from entering any storm water system, including open channels . Comply with the Texas Commission on Environmental Quality General Permit (TXR150000) for storm water discharges from construction activities under the Texas Pollutant Discharge Elimination System (TPDES) program. This specification provides guidelines and Best Management Practices (BMPs) information for the Contractor to use in adhering to all Local , State , and Federal environmental regulations with respect to storm water pollution prevention during construction activity. 1.02 QUALITY ASSURANCE A. Comply with applicable requirements of all governing authorities having jurisdiction . The Specifications and the Plans are not intended to be prescriptive but rather to convey the intent to provide complete slope protection, erosion control, and storm water pollution prevention for both the Owner's property and adjacent properties . B. The Contractor shall develop and implement a storm water pollution prevention plan in accordance with TCEQ General Permit TXR150000 prior to the beginning of construction activity. C . Storm water pollution prevention measures shall be established prior to the beginning of construction and maintained during the entire length of construction until final stabilization has been achieved for the area protected. D . All land-disturbing activities shall be planned and conducted to minimize the area to be exposed at any one time as well as time of exposure, off-site erosion, sedimentation, and adverse water quality impacts . E . Surface water runoff originating upgrade of an exposed area shall be managed to minimize erosion and sediment loss during the period of exposure. F . Install measures to control both the velocity and rate of release so as to minimize erosion and sedimentation of the receiving water body (i.e., ditch, channel, stream) in accordance with regulatory requirements and as directed by the Owner, the Engineer, or the Owner's Representative . G . Periodically clean out and dispose of all sediment and other pollutants as necessary to maintain adequate treatment capacity of each pollution control feature . Clean out and properly dispose of all sediment and other storm water pollutants at the time of completion of the Work . Storm Water Pollution Prevention During Construction FTW94158C 01568-1 1.03 SUBMITTALS A. Submittals shall be in accordance with Section 01300 , SUBMITTALS . B. Small Construction Activity (.:::.1 Acre but <5 Acres) 1. On small construction projects (disturbed area equal to or greater than one acre and less than five acres) submit a copy of the Construction Site Notice to the Operator of any Mun icipal Separate Storm Sewer System (MS4) receiving construction s ite discharge prior to beginning construction activity . 2. Post a copy of the Construction Site Notice at the construction site in a location where it is readily available for viewing by the general public and Local , State , and Federal authorities prior to starting construction activities and maintain the posting until completion of the construction activities . C. Maintain copies of a schedule of major construction activities , inspection reports , and revision documentation with the storm water pollution prevention plan (SW PPP) required under the TPDES General Permit (TXR150000) for Storm Water Discharges from Construction Activities . 1.04 JOB CONDITIONS ; CODES AND ORDINANCES Comply with the local codes and ordinances . If local codes and ordinances require more stringent or additional storm water pollution prevention measures during construction beyond those required by State and Federal regulations , the Contractor shall provide such measures at no additional cost. 2.00 PRODUCTS 2.01 MATERIALS A. All materials used for storm water pollution prevention shall meet the minimum design and specification requirements identified below for commonly used sediment loss prevention practices (referenced from the North Central Texas Council Of Governments (NCTCOG) integrated Storm Water Management (iSWM) Design Manual for Construction .) The Contractor shall use appropriate control devices to protect against storm water pollution from construction site activity. B. Erosion Control Blankets to hold seed and soil in place until vegetation is established on disturbed areas are subject to the following design criteria: 1. The type and class of erosion control mat must be specified as appropriate for the slope of the area to be protected and the anticipated length of service . 2 . Erosion control blankets must meet the applicable Texas Department of Transportation (TxDOT) Minimum Performance Standards for TxDOT as provided in its Erosion Control Report and/or be listed on the most current annual Approved Products List for TxDOT applicable to TxDOT Item 169 Soil Retention Blanket and its Special Provisions . C. Silt Fences for perimeter controls located downstream of disturbed areas are subject to the following design criteria: 1. If 50 % or less soil by weight passes the U.S. Standard sieve No . 200 , select the apparent opening size (A.0.S.) to retain 85 % of the soil. 2. If 85% or more of so il by weight passes the U.S. Standard sieve No . 200 , silt fences shall not be used unless the soil mass is evaluated and deemed suitable by a soil scientist or geotechn ical engineer concerning the erodibility of the soil mass, dispersive characteristics, and the potential grain-size characteristics of the material that is likely to be eroded . Storm Water Pollution Prevention During Construction FTW94158C 01568-2 3. Silt fence fabric must meet the following minimum criteria : a. Tensile Strength , ASTM 04632 Test Method for Grab Break ing Load and Elongation of Geotextiles, 90-lbs . b. Puncture Rating , ASTM 04833 Test Method for Index Puncture Resistance of Geotextiles , Geomembranes , and Related Products , 60-lbs . c. Mullen Burst Rating , ASTM 03786 Standard Test Method for Hydraulic Bursting Strength of Textile Fabrics-Diaphragm Bursting Strength Tester Method , 280-psi . d . Apparent Opening Size , ASTM 04751 Test Method for Determin ing Apparent Opening Size of a Geotextile , U .S . Sieve No . 70 (ma x ) to No . 100 (m in). e . Ultraviolet Resistance , ASTM 04355. Minimum 70 percent. 4 . Filter stone for an overflow structure shall be 1-1 /2 " washed stone conta ining no fine material. Angular shaped stone is preferable to rounded shaped stone . 5. Fence posts shall be galvanized steel or equivalent and may be T-section or L-section , 1.3 pounds per linear foot minimum , and 4 feet in length minimum . Wood Posts may be used depending on anticipated length of service and provided they are 4 feet in length m inimum and have a nominal cross section of 2 inches by 4 inches for pine or 2 inches by 2 inches for hardwoods . 6 . Silt fence shall be supported by galvanized steel wire fence fabric as follows : a . 4" x 4 " mesh size , W1 .4/1.4 , minimum 14-gauge wire fence fabric ; b. Hog wire , 12-gauge wire , small open ings installed at bottom of si lt fence ; c. Standard 2" x 2" chain link fence fabric ; or d . Other welded or woven steel fabrics consisting of equal or smaller spacing as that listed herein and appropriate gauge wire to provide support . D. Inlet protection used in new developments that include new inlets or roads with new curb inlets or during repa irs to existing roadways are subject to the following design criteria : 1. Filter fa bric protection shall be designed and maintained in a manner similar to a silt fence . 2. Where appl icable , filter fabric , posts , and wire backing shall meet the material requirements specified in the silt fence design requirements . 3. Filter gravel shall be o/. inch (Block and Gravel Protection) or 1-1/2 to 2 inch (Excavated lmpoundment Protect ion) washed stone conta ining no fines . Angular shaped stone is preferable to rounded shapes . 4 . Con crete blocks shall be standard 8" x 8" x 16" concrete masonry units . E. Stone Outlet Sediment Traps used in situations where flows are concentrated in a drainage swale or channel are subject to the following design criteria : 1. The embankment shall be placed on geotextile fabric meeting the following minimum criteria : a . Tensile Strength , ASTM 04632 Text Method for Grab Breaking Load and Elongation of Geotextiles , 250-lbs . b. Puncture Rating , ASTM 04833 Test Method for Index Puncture Resistance of Geotextiles , Geomembranes , and Related Products , 135-lbs. c. Mullen Burst Rating , ASTM 03786 Standard Test Method for Hydraulic Bursting Strength of Textile Fabrics-Diaphragm Bursting Strength Tester Method , 420-psi. d. Apparent Open ing Size , ASTM 04751 Test Method for Determining Apparent Opening Size of a Geotextile , U.S. Sieve No . 20 (max). F . Sediment Basins used as treatment devices for sites with disturbed areas of 10 acres and larger that are part of a common drainage area are subject to the following design criteria : 1. The sediment bas in shall have minimum design dewatering time of 36 hours . G. Check Dams used for long drainage swales or ditches to reduce erosive velocities are subject to the following design criteria : 1. Use geotextile filter fabric under check dams exceeding 18 inches in height. The fabric shall meet the material specified for the Stone Outlet Sediment Trap discussed above . Storm Water Pollution Prevention During Construction FTW94158C 01568-3 2. Rock Check Dams a . Stone shall be well graded with size range from 1-1/2 to 3-1/2 inches in diameter depending on expected flows . b. Rock Check Dams should be triangular in cross section with side slopes of 1 :1 or flatter on the upstream side and 2 :1 or flatter on the downstream side. 3. Sand Bag Check Dams a. Sand Bag Check Dams should have a maximum flow through rate of 0.1 cfs per square foot of surface with a minimum top width of 16 inches and bottom width of 48 inches . Bags should be filled with coarse sand, pea gravel , or filter stone that is clean and free of deleterious material. b. Bag length shall be 24-inches to 30-inches, width shall be 16-inches to 18-inches and thickness shall be 6-inches to 8-inches and having an approximate weight of 40- pounds . c . Bag material shall be polypropylene, polyethylene, polyamide, or cotton burlap woven fabric, minimum unit weight 4-ounces-per-square-yard , Mullen burst strength exceeding 300-psi as determined by ASTM 03786 Standard Test Method for Hydraulic Bursting Strength of Textile Fabrics-Diaphragm Bursting Strength Tester Method , and ultraviolet stability exceeding 70 percent. d . PVC pipes may be installed through the Sand Bag Dam near the top to allow for controlled flow through the dam . Pipe should be schedule 40 or heavier polyvinyl chloride (PVC) having a nominal internal minimal diameter of 4 inches . H . Stabilized Construction Entrances used for sites in which significant truck traffic occurs on a daily basis are subject to the following design criteria : 1. The geotextile fabric must meet the following minimum criteria : a. Tensile Strength, ASTM 04632 Test Method for Grab Breaking Load and Elongation of Geotextiles, 300-lbs . b. Puncture Strength, ASTM 04833 Test Method for Index Puncture Resistance of Geotextiles , Geomembranes, and Related Products , 120-lbs. c . Mullen Burst Rating , ASTM 03786 Standard Test Method for Hydraulic Bursting Strength of Textile Fabrics-Diaphragm Bursting Strength Tester Method , 600-psi. d. Apparent Opening Size , ASTM 04751 Test Method for Determining Apparent Opening Size of a Geotextile , U .S . Sieve No. 40 (max). I. Stone stabilized entrance pads must meet the more stringent of the requirements listed above or Section 02256 -Aggregate Fill Classification. The stone shall be a minimum of 3 to 5-inch coarse aggregate. J . Filter aggregate must meet the more stringent of the requirements listed above or Section 02256 -Aggregate Fill Classification . K. Geotextile materials must meet the more stringent of the requirements listed above or Section 02263 -Geotextile: Erosion Control. L. Alternative pollution prevention measures selected by the Contractor shall be identified from the following reference source: 1. North Central Texas Council of Governments (NCTCOG) integrated Storm Water Management (iSWM) Design Manual for Construction 3.00 EXECUTION 3 .01 PREPARATION A. Prepare a storm water pollution prevention plan (SW PPP) in accordance with applicable permit requirements for construction activity. Develop the SWPPP in conformance with Storm Water Pollution Prevention During Construction FTW94158C 01568-4 TPDES General Permit (TXR150000) for Storm Water Discharges from Construction Activities and any applicable Local requirements . B. Prepare and implement the SW PPP prior to the beginning of construction activity in accordance with Local , State , and Federal requirements . C. Owner's Representative may require Contractor to install storm water pollution prevention devices and/or practices during construction in addition to those required under the approved storm water pollution plan . Contractor shall remain solely responsible for complying with all Local, State , and Federal requirements . 3 .02 INSTALLATION A. Erosion Control Blankets to hold seed and soil in place until vegetation is established on disturbed areas are subject to the following installation criteria : 1. Prior to the installation of any erosion control matting, all rocks , dirt clods , stumps, roots, trash , and any other obstructions that would prevent the mat from lying in direct contact with the soil shall be removed . Anchor trenching shall be located along the entire perimeter of the installation area, except for small areas with less than 2 percent slope . 2. Installation and anchoring shall conform to the recommendations shown within the manufacturer's published literature for the approved erosion control blanket. Joints and overlapping material shall be securely fastened . 3. After installation, check blankets for uniform contact with the soil , security of the lap joints, and flushness of the staples with the ground . B. Silt Fences for perimeter controls located downstream of disturbed areas are subject to the following installation criteria: 1. Construct fences along a line of constant elevation (along a contour line if possible). 2 . Maximum drainage area shall be 0 .25 acre per 100 linear feet of silt fence . 3. Maximum flow to any 20 foot section of silt fence shall be 1 CFS . 4 . Maximum distance of flow to silt fence shall be 200 feet or less . If the slope exceeds 10 percent, the flow distance shall be less than 50 feet. 5 . Maximum slope adjacent to the fence shall be 2:1. 6 . Stone overflow structures or other outlet control devices shall be installed at all low points along the fence or spaced at approximately 300 feet if there is no apparent low point. 7 . A 6-inch wide trench is to be cut 6 inches deep at the toe of the fence to allow the fabric to be laid below the surface and backfilled with compacted earth or gravel to prevent bypass of runoff under the fence. Fabric shall overlap at abutting ends a minimum of 3 feet and shall be joined such that no leakage or bypass occurs. 8. Sufficient room for the operation of sediment removal equipment shall be provided between the silt fence and other obstructions in order to properly maintain the fence . 9 . The ends of the fence shall be turned upstream to prevent bypass of storm water. C . Inlet protection for new developments that include new inlets or roads with new curb inlets or during repairs to existing roadways are subject to the following installation criteria: 1. Maintain barricades , signs , and safety features around the work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).when installing inlet protection on publicly traveled streets or in developed areas. Ensure that inlet protection is properly designed , installed , and maintained to avoid flooding of the roadway or adjacent properties and structures . 2 . Maximum depth of flow shall be 8 inches or less . 3 . Pos itive drainage is critical in the design of inlet protection . If overflow is not provided for at the inlet, excess flows shall be routed through established swales , streets, or other watercourses to minimize damage due to flooding. Storm Water Pollution Prevention During Construction FTW94158C 01568-5 4. Filter Ba rrier Protection -Silt Fence shall consist of nylon geotextile supported by wire mesh , W1 .4 X W1 .4 , and galvan ized steel posts set a m inimum of 1 foot depth and spaced not more than 6 feet on center . A 6-inch wide trench is to be cut 6 inches deep at the toe of the fence to allow the fabric to be laid below the surface and backfilled with compacted earth or grave l. This entrenchment prevents any bypass of runoff under the fence . If the inlet is installed within a paved area , provide sufficient material overlap at the base to allow for anchorage of the fabric to the concrete inlet slab by sand bags or other means in order to prevent bypass or runoff under the fence . 5 . Block and Gravel Protection (Curb and Drop Inlets) -Concrete blocks are to be placed on their sides in a single row around the perimeter of the inlet , with ends abutting . Openings in the blocks should face outward , not upward. Yi" x Yi" wire mesh shall then be placed over the outside face of the blocks covering the holes . Filter stone shall then be piled against the wire mesh to the top of the blocks w ith the base of the stone being a minimum of 18 inches from the blocks . Alternatively , where loose stone is a concern (streets , etc.), the filter stone may be placed in appropriately sized geotextile fabric bags . Periodically remove and clean the stone or replace it with new stone when the stone filter becomes clogged . 6. Excavated lmpoundment Protection -An excavated impoundment shall be sized to provide a storage volume of between 1800 and 3600 cubic feet per acre of disturbed area . The trap shall have a minimum depth of one foot and a maximum depth of 2 feet as measured from the top of the inlet and shall have sideslopes of 2 :1 or flatter . Install weep holes in the inlet walls to allow for the complete dewatering of the trap. When the storage capacity of the impoundment has been reduced by one-half, remove the silt and dispose of it at an approved location . 7 . Inlet inserts are commercially available to remove sediment , constituents (pollutants) adsorbed to sediment, and oil and grease . Perform maintenance to remove sediment and debris that could clog the filters . Inlet inserts must have a bypass function to prevent flood ing from clogging or high flows. D . Stone Outlet Sediment Traps for situations where flows are concentrated in a drainage swale or channel are subject to the following installation criteria : 1. The maximum drainage area contributing to the trap shall be 10 acres . For larger drainage areas a sediment basin shall be used . 2 . The minimum storage volume shall be 1800 cubic feet per acre of disturbed land draining to the device . 3 . The surface area of the design storage shall be 1 % of the area dra ining to the device . 4 . The maximum embankment height shall be 6 feet as measured from the toe of the slope on the downstream side . 5. Minimum width of the embankment at the top shall be 2 feet. 6 . Embankment slope shall be 1 :5 :1 or flatter. 7 . The embankment shall have a depressed area to serve as the outlet with a min imum width of 4 feet. 8 . A s ix inch minimum thickness layer of :Y. to 2 inch (1-Yi inch nominal) well graded filter stone shall be placed on the face of the embankment. 9 . The embankment shall be comprised of well graded stone with a size range of 6 to 12 inches in diameter. The stone may be enclosed in wire mesh or a gabion basket and anchored to the channel bottom to prevent washing away. 10 . The outlet shall be designed to have a minimum freeboard of 6" at design flow . 11 . Geotextile fabric, covered with a layer of stone , shall extend past the base of the embankment on the downstream side a minimum of 2 feet. E . Sediment Basins for treatment devices for sites with disturbed areas of 10 acres and larger that are part of a common drainage area are subject to the following installation criteria : 1. Minimum capacity of the bas in shall be the calculated volume of runoff from a 2-year , 24- hour duration storm even t. Storm Water Pollution Prevention During Construction FTW94158C 01568-6 2 . Deposited sediment shall be removed when the storage capacity of the basin has been reduced by 20 %. 3 . Minimum width of the embankment at the top shall be 8 feet. 4 . Embankment slope shall be 3 :1 or flatter . 5 . Maximum embankment he ight shall be 6 feet as measured from the toe of slope on the downstream side . Sed iment basins with embankments exceeding 6 feet are regulated by the Texas Commission on Environmental Quality (TCEQ) and must meet specific requirements for dam safety. 6. The basin outlet shall be designed to accommodate a 25-year design storm without causing damage to the conta inment structure . 7. The basin must be laid out such that the effective flow length of the basin should be at least twice the effective flow width . 8 . The outlet of the outfall pipe (barrel) shall be stabilized with riprap or other form of stabilization with design flows and velocities based on 25-year design storm peak flows . For velocities in excess of 5 feet per second, velocity diss ipation measures should be used to reduce outfall velocities . 9 . The effectiveness of sediment basins may be increased by using baffles to prevent short- circuiting of flow through the basin . F . Check Dams for long dra inage swales or ditches to reduce erosive velocities are subject to the following installation criteria : 1. Check Dams shall be placed at a distance and height to allow small pools to form between each one . Typically , dam height should be between 18" and 36 ". Dams shall be spaced such that the top of the downstream dam is at the same elevation as the toe of the upstream dam . 2. Major flows (greater than 2-year design storm) must pass the check dam without causing excessive upstream flooding . 3. Check dams should be used in conjunction with other sediment reduction techniques prior to releasing flow offsite . G. Stabilized Construction Entrances for sites in which significant truck traffic occurs on a daily basis are subject to the following installation criteria : 1. Stabil ized Construction Entrances are to be constructed such that drainage across the ent rance is directed to a controlled, stabilized outlet on site with provisions for sto rage , proper filtration , and removal of wash water. 2 . The entrance must be sloped away from the paved surface so that storm water is not allowed to leave the site onto roadways . 3 . Minimum width of entrance shall be 15 feet. 4 . Stone shall be placed in a layer of at least 12-inch thickness . The stone shall be a minimum of 3 to 5-inch coarse aggregate . 5. Prevent undercutting of the construction entrance by installing barri e rs as necessary. 6. Vehicles shall not be permitted to track or drop sediment onto paved roads , streets , or parking lots When necessary, vehicles must be cleaned to remove sediment prior to entrance onto paved areas . When washing is required, it shall be done on a constructed wheel wash facility that drains into an approved sediment trap or sediment basin or other sedimentation/filtration device . 7. Minimum dimensions for the entrance shall be as follows : Tract Area Average Tract Depth <1 Acre 100 feet <5 Acres 200 feet <5 Acres >200 feet Storm Water Pollution Prevention During Construction FTW94158C Minimum Width of Entrance 15 feet 20 feet 25 feet Minimum Depth of Entrance 20 feet 50 feet 75-100 feet 01568-7 H . Install pollution control devices in a manner consistent with their designed intent. 3 .03 MAINTENANCE A. Maintain pollution prevention control structures and procedures in full working order at all times during construction . This shall include any necessary repair or replacement of items which have become damaged or ineffective . Remove sediment and other pollutants which accumulate in pollution control devices as necessa ry to maintain the intended design efficiency for the pollution prevention measure . B . Dispose properly of trash , debris , and other pollutants . C . Place sediment material in approved earth spoil areas or return the sediment material to the area from which it eroded . D. Maintain pollution prevention structures and procedures until construction is complete for the area protected and until the site achieves final stabilization . Unless more stringently defined by Local, State, or Federal requirements, final stabilization is defined as achieving 70 percent of background vegetative cover or placement of permanent cover, such as concrete or asphalt. E . Upon completion of construction and achievement of final stabilization, properly remove the temporary pollutant control structures and complete the area as indicated. Pollution control devices made of organic materials designed to degrade naturally in place will not require removal , unless specifically required by the Owner , Engineer , or Owner's Representative . F. Erosion Control Blankets shall be inspected regularly (at least as often as required by the TPDES Construction General Permit) for bare spots caused by weather related events . Missing or loosened blankets must be replaced or re-anchored . Also check for excess sediment deposited from runoff. Remove sediment and/or replace blanket as necessary. In addition, determine the source of excess sediment and implement appropriate Best Management Practices (BMPs) to control the erosion . G. Silt Fences shall be inspected regularly (at least as often as required by the TPDES Construction General Permit) for buildup of excess sediment, undercutting , sags , and other failures . Sediment should be removed when it reaches approximately one-half the height of the fence . In addition, determine the source of excess sediment and implement appropriate Best Management Practices (BMPs) to control the erosion . If the fabric becomes damaged or clogged , it shall be repaired or replaced as necessary. H. Inlet Protection shall be inspected regularly (at least as often as required by the TPDES Construction General Permit). When silt fences are also used and the fabric becomes clogged , it should be cleaned or, if necessary, replaced. Also , sediment should be removed when it reaches approximately one-half the height of the inlet protection device. If a sump is used , sediment should be removed when the volume of the basin is reduced by 50%. For systems using filter stone , when the filter stone becomes clogged with sediment , the stones must be pulled away from the inlet and cleaned or replaced . Dispose of clogged filter stone in an approved location . I. Stone Outlet Sediment Traps shall be inspected regularly (at least as often as required by the TPDES Construction General Permit) to check for clogging of the void spaces between stones . If the aggregate appears to be silted in such that efficiency is diminished, the stone shall be replaced. Storm Water Pollution Prevention During Construction FTW94158C 01568-8 Deposited sediment shall be removed when the depth of sediment is equal to one-third of the height of the embankment as measured from the original toe of slope to the crest of the outlet, or has reached a depth of one foot, whichever is less. The removed sediment shall be stockpiled or redistributed in areas that are protected from erosion . J . Sediment Basins shall be inspected regularly (at least as often as required by the TPDES Construction General Permit) to check for damage and to insure that obstructions are not diminishing the effectiveness of the structure. Sediment shall be removed and the basin shall be regraded to its original dimensions when the capacity of the impoundment has been reduced to 20% of its original storage capacity. The removed sediment shall be stockpiled or redistributed in areas that are protected by erosion and sediment controls . K. Check Dams shall be inspected regularly (at least as often as required by the TPDES Construction General Permit). Remove silt when it reaches approximately 1/3 the height of the dam or 12 inches in height, whichever is less . L. Stabilized Construction Entrances shall be inspected regularly (at least as often as required by the TPDES Construction General Permit). When sediment has substantially clogged the void area between the rocks, the aggregate mat shall be washed down or replaced . Periodic re- grading and top dressing with additional stone shall be done to keep the efficiency of the entrance from diminishing . If the stabilized construction entrance is not effectively removing sediment from wheels , then a wheel wash shall be implemented. 3 .04 FIELD QUALITY CONTROL In the event of conflict between the specified requirements and storm water pollution control laws, rules , or regulations, or other Local, State , or Federal agencies, the more restrictive laws , rules, or regulations shall apply. 3.05 SCHEDULES Prior to start of construction, submit schedules to the Owner and Engineer for accomplishment of temporary and permanent erosion control work in connection with required clearing and grubbing, grading , construction , and paving . Include a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials in the submittal. END OF SECTION Storm Water Pollution Prevention During Construction FTW94158C 01568-9 01700 CONTRACT CLOSEOUT 1.00 GENERAL 1.01 WORK INCLUDED Comply with requirements of the General Conditions and specified administrative procedures in closing out the Construction Contract. 1.02 SUBMITTALS Submit affidavits and releases on forms shown in Section 01800, FORMS . 1.03 SUBSTANTIAL COMPLETION A . Submit written notification that the work or designated portion of the work is substantially complete to the Engineer when the work is considered to be substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the project will be considered to be complete . B. Engineer shall visit the project site to observe the work within a reasonable time after notification is received to determ ine the status of completion . C . Engineer shall issue notification to the Contractor that the work is either substantially complete or that additional work must be performed before the project may be considered substantially complete . 1. Engineer shall notify the Contractor in writing of items that must be completed before the project can be considered substantially complete . a . Correct the noted deficiencies in the work . b. Issue a second written notice with a revised list of deficiencies when work has been completed. c. Engineer shall revisit the site and the procedure shall begin again . 2. Engineer shall issue a tentative Certificate of Substantial Completion to the Owner when the project is considered to be substantially complete. Certificate shall include a tentative list of items to be corrected before final payment. a. Owner will review and revise the list of items and notify the Engineer of any objections or other items that are to be included in the list. b. Engineer shall prepare and send to the Contractor a definite Certificate of Substantial Completion with a revised tentative list of items to be corrected or completed . c . Review the list and notify the Engineer in writing of any objections within 10 days of receipt of Certificate of Substantial Completion . 1.04 FINAL INSPECTION A. Submit written certification in the form indicated in Section 01800 , FORMS when the project is complete and : 1. Contract Documents have been reviewed . 2. Work has been completed in compliance with the Contract Documents . 3. Work is complete and ready for final inspection . B. Engineer shall make an inspection with the Owner and appropriate regulatory agencies to determine the status of completeness within a reasonable time after the receipt of the Certificate . Contract Closeout FTW94158C 01700-1 C . Engineer shall issue notice that the project is complete or notify the Contractor that work is not complete or is defective . 1. Submit the request for final payment with Closeout submittals described in Paragraph 1.07 if notified that the project is complete and the work is acceptable . 2 . Upon receipt of notification from the Engineer that work is incomplete or defective , take immediate steps to remedy the stated deficiencies . Send a second certification to the Engineer when work has been completed or corrected . 3. Engineer shall re-visit the site and the procedure will begin again . 1.05 REINSPECTION FEES A. Pay fees to the Owner to compensate the Engineer for reinspection of the work required by the failure of the work to comply with the claims of status of completion made by the Contractor. B. Owner may withhold the amount of these fees from the Contractor's final payment. C. Cost for additional inspections will be billed to the Owner by the Engineer for the actual hours required for the inspection and preparation of related reports in accordance with the following rates : Principal in Charge Project Manager Design Engineer Engineering Technician Clerk 1.06 CLOSEOUT SUBMITTALS TO THE ENGINEER $250.00 $175 .00 $175 .00 $120.00 $70 .00 A. Record Drawings per Section 01040 , PROJECT ADMINISTRATION . B. Keys and keying schedule . C. Warranties and bonds . D. Evidence of payment or release of liens on the form indicated in Section 01800, FORMS and as required by the General Conditions. E. Consent from Surety to Final Payment. F. Shop drawings, record data and other submittals as required by the Contract Documents . G . Certificates of Occupancy, operating certificates, or other similar releases required to allow the Owner unrestricted use of the work and access to services and utilities . H. Evidence of final, continuing insurance, and bond coverage as required by the Contract Documents . 1.07 FINAL PAYMENT REQUEST A. Submit a preliminary final payment request. This request is to include adjustments to the Contract Amount for : 1. Approved Change Orders Contract Closeout FTW94158C 01700-2 2. Allowances not previously adjusted by Change Order 3. Unit prices 4 . Deductions for defective work that has been accepted by the Owner 5 . Penalties and bonuses 6 . Deductions for liquidated damages 7 . Deductions for reinspection payments per Paragraph 1 .05 8 . Other adjustments B . Engineer shall prepare a final Change Order , reflecting the approved adjustments to the contract amount which have not been covered by previously approved Change Orders . C . Submit the final application for payment per the General Conditions, including the final Change Order. 1.08 WARRANTIES , BONDS , AND SERVICES AGREEMENTS A. Provide warranties , bonds , and service agreements required by Section 01300, SUBMITTALS or by the indiv idual sections of the specifications . B. The date for the start of warranties , bonds , and service agreements is established per the General Conditions. C . Compile warranties , bonds , and service agreements and review these documents for compliance with the Contract Documents . 1. Each document is to be signed by the respective manufacturer, supplier, and subcontractor. 2. Each document is to include : a . The product or work item description b. The firm , with the name of the principal , address , and telephone number c . Scope of warranty, bond or services agreement d . Date , duration , and expiration date for each warranty bond and service agreement e . Procedures to be followed in the event of a failure f . Specific instances that might invalidate the warranty or bond D. Submit two (2) copies of each document to the Engineer for review and transmittal to the Owner. 1. Submit duplicate sets. 2 . Documents are to be submitted on 8-1 /2" x 11 " paper, punched for a standard three-ring binder. 3 . Submit each set in a commercial quality three-ring binder with a durable and cleanable plastic cover. The title "Warranties , Bonds , and Services Agreements", the project name and the name of the Contractor are to be typed and affixed to the cover . E . Submit warranties , bonds and services agreements : 1. At the time of final completion and before final payment. 2 . Within 10 days after inspection and acceptance for equipment or components placed in service during the progress of construction . 1.09 CLAIMS AND DISPUTES Claims and disputes must be resolved prior to recommendat ions of final payment. Acceptance and final payment by the Contractor will indicate that any outstanding claims or disputed issues have been resolved to the full satisfaction of the Contractor. Contract Closeout FTW94158C END OF SECTION 01700-3 01800 FORMS 1.00 GENERAL 1.01 WORK INCLUDED Use the forms following this section for contract administration, making submittals and documentation of test results . A single copy of these forms with project information inserted will be provided to the Contractor at the pre-construction conference . Make additional copies of the forms as required . Contractor may substitute computer generated forms with the approval of the Engineer if these forms include the same information , statements and certifications and the same general format as the forms included in this section . Forms included are listed below : 1. Consent of Surety Company to Final Payment 2. Consent of Surety Company to Reduction of or Partial Release of Retainage. 3. Consent of Surety Company to Payment Procedures 4. Contractor's Affidavit of Payment of Debts and Claims 5. Contractor's Modification Request 6. Contractor's Affidavit of Release of Liens 7. Notification by Contractor 8. Payment Request Forms 1. Attachment "A" -Tabulation of Values for Original Contract Work Performed . 2 . Attachment "B" -Tabulation of Values for Approved Change Orders 3 . Attachment "C" -Tabulation of Values for Materials on Hand 4 . Attachment "D" -Project Summary 9. Request for Information 10 . Shop Drawing Deviation Request Form 11. Submittal Transmittal 12 . City Final Completion Affidavit Forms FTW94158C END OF SECTION 01800-1 02050 DEMOLITION GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals ne cessary for every type of required demolition . B . Furnish equipment of every type required to perform the following : (1) Remove the floating metal roof from Digesters No . 6 , No . 7 and No . 8 and place the roofs adjacent to the corresponding digester. Cut and/or separate the roofs into manageable sections . Transport the roofs to an approved recycling facility . (2) Remove metal trusses from the roof of Digesters No . 1, No . 2 and No . 3 and place trusses adjacent to the digesters. Cut and/or separate the trusses into manageable sections . Transport the roof to an approved recycling facility. (3) Remove all other metal from the digesters that has not been in contact with the sludge . Cut and/or separate into manageable sections . Transport to an approved recycling facility. (4) Asphalt shingles , brick , wood and other construction debris from digester roofs and control rooms that have not been in contact with sludge shall be transported to CSC Landfill in Avalon , Texas as Class 2 Nonhazardous Construction and Demolition Debris. (5) Concrete digester roofs (Digesters No . 1 through No . 5) shall be demolished and shall be transported to CSC Landfill in Avalon, Texas . Concrete that has not been in contact with sludge shall be disposed of as Class 2 Nonhazardous Construction and Demolition Debris . Concrete that has been in direct contact with sludge shall be disposed of as a TSCA-Regulated nonhazardous waste with PCB concentrat ions greater than 50 ppm . (6) Remove all piping and other metal that has either been in contact with the sludge within a digester or control room and transport to CSC Landfill in Avalon , Texas as TSCA- Regulated nonhazardous waste with PCB concentrations greater than 50 ppm . (7) Alternate Bid -Concrete digester basins and concrete from control rooms shall be demol ished in place . 1.02 STANDARDS A. Work shall be performed in accordance with the codes and ord inances of the agency having jurisdiction over the Place of Record . 1.03 DELIVERY AND STORAGE Stockpile construction debris at the site only as long as necessary to haul to the recycling facility or CSC Landfill. Stack materials neatly and handle in an orderly manner until removed from site . 1.04 JOB CONDITIONS A. The drawings shall be carefully reviewed to determine the extent of necessary demolition and to identify elements that are to remain in place . Property lines and limits of demolition shall be accurately located prior to beginning site demolition . Demolition outside the limits indicated on the plans , or outside the property lines shall not be performed. B . Material removed from the construction site during demolition , and any equipment not otherwise designated to remain the property of the Owner shall become the property of the Contractor , and shall be promptly removed from the construction site . Demolition FTW94158C 02050-1 2.00 PRODUCTS [NOT USED] 3.00 EXECUTION 3 .01 REMOVAL OF STRUCTURES A. REMOVAL OF FLOATING DIGESTER ROOF: Remove floating digester roof from Digester No . 6, No . 7 and No . 8 and place roof adja cent to correspond ing digester. Remove steel structural members by unbolting, cutt ing welds , cutting rivet heads and punching shanks through holes or flame-cutting . Flame-cutting shall not occur within 50 feet of any digester unless approved by the Engineer. Transport metal to an approved metals recycling facility. Asphalt shingles, brick , wood and other construction debris from digester roofs and control rooms that have not been in direct contact with sludge shall be transported to CSC Landfill in Avalon , Texas for d isposal as Class 2 Nonhazardous Construction and Demolition Debris. B. REMOVAL OF TRUSSES AND OTHER MISCELLANEOUS METALS : Remove metal trusses from the roof of Digesters No . 1, No . 2 and No. 3 and other mis cellaneous metals connected to the digester roofs and place trusses and metal adjacent to the digesters . Remove steel structural members by unbolting , cutting welds , cutting rivet heads and punching shanks through holes, flame-cutting , or other method approved by the Engineer . Flame-cutting shall not occur within 50 feet of any digester unless approved by the Engineer. Transport metal to an approved metals recycling facil ity. C. REMOVAL OF CONCRETE DIGESTER ROOF : Remove and demolish concrete digester roof from Digester No . 1 through No . 5. Transport concrete and debris to CSC Landfill in Avalon , Texas for d isposal. Concrete and debris that has not been in direct contact with sludge shall be disposed of as Class 2 Nonhazardous Construction and Demolition Debris . Concrete and debris that has been in direct contact with sludge shall be disposed of as TSCA-Regulated nonhazardous waste with PCB concentrations greater than 50 ppm . D. REMOVAL OF PIPING AND OTHER MISCELLANEOUS METALS : Exposed piping requiring removal for access to digesters and other miscellaneous metal that has been in contact with sludge shall be removed and transported to CSC Landfill in Avalon , Texas a TSCA-Regulated nonhazardous waste with PCB concentrations greater than 50 ppm . E. ALTERNATE BID -REMOVAL OF DIGESTER BASINS AND CONTROL ROOMS : Concrete digester basins and concrete from the control rooms shall be demolished in place . Demolition FTW94158C END OF SECTION 02050-2 02110 GENERAL CLEARING AND GRUBBING 1.00 GENERAL 1.01 WORK INCLUDED Provide labor, materials , equ ipment and incidentals necessary to perform operations in connection with clearing , grubbing , and disposal of cleared and grubbed materials . 1.02 QUALITY ASSURANCE ; DEFINITIONS A. CLEARING : Clearing is defined as the removal of trees , shrubs , bushes, and other organic matter at or above original ground level. B. GRUBBING : Grubbing is defined as the removal of stumps , roots , boards , logs , and other organic matter found at or below ground level. 2.00 PRODUCTS [NOT USED] 3.00 EXECUTION 3 .01 PREPARATION A. Mark areas to be cleared and grubbed prior to commencing clearing operations . The Owner's Representative shall approve clearing and grubbing lim its prior to commencement of clearing operations . B . Trees and shrubs outside of the clearing limits, which are within 1 O' of the clearing limits , shall be clearly marked to avoid damage during clearing and grubbing operations . C . Remove trees and brush outside the clearing limits , but within the immediate vicinity of the work, upon receipt of approval by the Owner's Representative , when the trees or brush interfere with the progress of construction operations . D. Clearly mark trees and shrubs within the clearing limits , which are to remain , and protect the trees and shrubs from damage during the clearing and grubbing operations . E. The clearing limits shall not extend beyond the project limits . F. Establish the clearing limits as follows : 1. Embankments plus 1 O' beyond the toe of the embankment. 2. Excavations plus 5' beyond the top of the excavation . 3. Concrete structures plus 10' beyond the edge of the footing. 4 . Roadways plus 5' beyond the edge of pavement or R.O.W. limits . 5. Retaining walls plus 10' beyond the edge of the footing. G . Establ ish the grubbing limits as follows : 1. Embankments plus 2' beyond the toe of the embankment. 2 . Concrete structures plus 2' beyond the edge of the footing. 3. Roadways plus 1' beyond the edge of pavement. 4 . Retaining walls plus 2' beyond the edge of the footing. 3.02 INSTALLATION A. CLEARING General Clearing and Grubbing FTW94158C 02110-1 Clearing shall consist of the felling , cutting up , and the satisfactory disposal of trees and other vegetation , together with the down timber , snags , brush, rubbish , fences , and debris occurring within the area to be cleaned. B. GRUBBING 1. Grubbing shall consist of the removal and disposal of stumps and roots larger than 1" in diameter. 2 . Extend grubbing to the depth indicated below : In the case of multiple construction items , the greater depth shall apply. a. Footings -18" below the bottom of the footing . b. Walks -12" below the bottom of the walk . c . Roads -18 " below the bottom of the subgrade. d . Embankments - 24 " below existing ground. e . Concrete Structures -18" below the bottom of the concrete . f. Retaining Walls -18" below the bottom of the footing. 3.03 FIELD QUALITY CONTROL A. Completely remove timber , logs, roots , brush , rotten wood , and other refuse from the Owner's property. Disposal of materials in streams shall not be permitted and no materials shall be pi led in stream channels or in areas where it might be washed away by floods . Timber within the area to be cleared shall become the property of the Contractor, and the Contractor may cut , trim , hew , saw, or otherwise dress felled timber within the limits of the Owner's property, provided timber and waste material is disposed of in a satisfactory manner. Materials shall be removed from the site daily, unless permission is granted by the Engineer to store the materials for longer periods . Burning shall not be permitted . General Clearing and Grubbing FTW94158C END OF SECTION 02110-2 02218 DIGESTER SLUDGE 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials , equipment and incidentals necessary to perform the operations in connection with sampling, mixing , solidifying, removing, hauling , and disposing of materials from the digesters in accordance with these spe cifications. 1.02 SUBMITIALS Submittals shall be in accordance with Specification Section 01300 , CONTRACTOR'S SUBMITTALS , and shall include : A. Work Safety Plan B. Sludge/Solids and Liquids Sampling Procedures 2.00 PRODUCTS 2 .01 MATERIALS Fly Ash : Conforming to ASTM C618, class "F" fly ash . A supplier's certificate of the analysis and composition of the fly ash shall be suppl ie d . Chemicals for Liquids Treatment Process : Powdered Activated Carbon ; Ferric Sulfate and Polymer Materials for Liquids Treatment Process : Schedule 40 PVC pipe and 3" diameter flexible polyethylene hoses 2 .02 EQUIPMENT A. The Contractor shall provide sampl ing equipment necessary to sample solid and liquid-phase sludge prior to removal from the digesters and following stabilization (solids) or treatment (liquids). The Contractor shall be responsible for providing the crane , man-basket and any other equipment necessary to provide safe access to sample the materials in the digester. B. Mixing of sludge and fly ash may be performed with a longstick trackhoe with a cleanout bucket or any other mixing equipment adaptable to the work. C. Removal of free liquids from the digester may be performed by the use of any pumping equipment adaptable to the work. D. The Contractor shall provide a minimum of five (5) frac tanks for the Liquids Treatment Process . One tank shall be used as a hold ing tank for liquids pumped directly from the digester prior to pumping to the Liquids Treatment Process Facility . The remaining four (4) frac tanks shall be used for holding the treated liquids prior to disposal. All frac tanks shall be decontaminated prior to arrival on the project site and shall be leak tested with potable water prior to beginning operations. Digester Sludge FTW94158C 02218-1 E. The contractor shall provide the following pumps for the liquids treatment process : 1. Liquid Layer Transfer Pump This pump shall transfer the liquid layer from the digester to the Holding Tank ahead of treatment. 2 . Influent Transfer Pump This pump shall transfer the liquid from the Hold ing Tank to the Liquids Treatment Processing Facility . The treatment design flow will be 100 gpm. This pump shall provide flow up to , but not exceeding , this rate through the treatment process . 3 . Effluent Transfer Pump This pump shall transfer the effluent of the Treatment Tank from an equalization tank through a cartridge or bag filter and into the final holding tanks . This pump shall have a flow rate equal to or greater than the Influent Transfer Pump . 4. Final Transfer Pump This pump shall send the finished effluent to the city sanitary sewer, once it has passed all tests . Contractor may choose to transport the final effluent without pumping . If so , this pump will not be needed . F. The Liquids Treatment Processing Facility will be located on site as shown on the plans . The facility is owned by the City and will be made available to the Contractor for treating the liquids that are removed from the digesters . The Engineer will provide operator training to Contractor personnel prior to beginning construction activities. The Contractor is responsible for all maintenance and repairs necessary to operate the treatment system. G . Contractor shall provide three m ixing tanks along with three LMI metering pumps and all pertinent accessories and appurtenances (plastic tubing compatible with the chem icals, four- way valves , etc), one each for the Powdered Activated Carbon, Ferric Su lfate and the polymer. H. Contractor shall provide two drum mixers , one to mix the Powdered Activated Carbon with potable water and keep it in suspension and one to mix the polymer with potable water. I. Contractor shall provide an effluent equalization tank following the treatment process. This tank shall hold a minimum of 500 gallons. J . Contractor shall provide a coarse duplex bag or cartridge filter capable of filtering the flow from the effluent transfer pump before it enters the final holding tanks . Contractor shall supply replacement filters . K . Excavation of on-site soils for earthen ramps, construction pads for equipment and sludge/solids from the digester may be performed by the use of any excavating and hauling equipment adaptable to the work and by any method generally accepted for this type of work , which is compatible with project requirements and conditions. 3 .00 EXECUTION CAUTION: EXPLOSIVE AND OTHERWISE HARMFUL CONCENTRATIONS OF SLUDGE GASES MAY BE PRESENT IN THE SLUDGE REQUIRED TO BE SAMPLED, MIXED AND EXCAVATED UNDER THIS SPECIFICATION SECTION. THE CONTRACTOR SHALL TAKE ALL NECESSARY SAFETY PRECAUTIONS AND COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS CONCERNING SAFETY INCLUDING BUT NOT LIMITED TO THE OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) OF 1970 AND ALL LATER REVISIONS. Digester Sludge FTW94158C 02218-2 3 .01 SAMPLING OF SLUDGE/SOLIDS AND LIQUIDS A . Depth Contractor shall determine the total depth of material within each digester and the thickness of each sludge/solids layer and each fre e liquids layer. Three distinct layers of sludge are expected : an upper layer consisting of floatable solids , an aqu eous middle layer, and a bottom layer of solids . B. Sampling Contractor shall submit their sampling proc edures for the sludge/solids layers and the liquids layer to the Engineer for approval. Each sludge layer in Digester No . 6 through No . 8 shall be sampled after the floating roof has been removed from the digester . Each sludge layer in Digesters No . 1 through No. 5 shall be sampled prior to removal of the concrete roof. Contractor shall perform waste characterization sampling of solid sludge in accordance with the Waste Characterization Plan that has been approved by CSC Disposal. The Engineer shall determine the location of each sample . The Engineer and/or CSC Disposal may request that additional samples be taken . Additional samples will be paid for by the unit price as indicated in the Add Item Section of the Bid Proposal. The Contractor shall retain the services of Xenco Environmental Laboratories in Dallas , TX to perform required laboratory analysis . Aqueous sludge shall be sampled prior to treatment. Aqueous sludge samples shall be collected from the holding tank immediate ly following the removal from each digester. One sample shall be collected each time the holding tank is filled . C . Testing All samples shall be del ivered to Xenco Laboratories (9701 Ha rry Hines Blvd . Dallas, Texas 75220 ; (972)620-7966)for analytical testing . Xenco Laboratories shall test the samples to determine the waste classification of the material. Contractor shall be responsible for all costs associated with testing . Waste characterization shall be conducted by the Contractor in accordance with the specifications and Waste Characterization Plan approved by the disposal facility and provided by the Eng i neer. All sample test results shall be submitted to the Engineer for approval and waste characterization determination prior to disposal. D . Decontamination Procedures Sampling equipment shall be decontaminated prior, during and subsequent to execution of the investigative sampling program . Sampling devices and sample handling equipment shall be decontaminated by scrubbing with a non-phosphatic, biodegradable detergent. The sampling devices shall be rinsed with deionized water. Cleaned sampling equipment shall be placed in a clean area or on clean po ly sheeting . 3 .03 LIQUIDS REMOVAL AND PROCESSING A. The aqueous sludge layer and any other f ree liquids shall be pumped from each digester into a frac (influent holding) tank . The free liquids shall be pumped out of the digester prior to solidifying and/or removing the sludge/solids . Digester Sludge FTW94158C 02218-3 After taking a minimum of one sample for testing for each full tank, the liquids shall then be pumped from the influent holding tank to the Liquids Treatment Facility . The design flowrate of the treatment process is 100 gallons per minute . The Influent Transfer Pump shall not exceed this flowrate . The effluent of the treatment tanks will flow into an equalization tank and then be pumped through a duplex cartridge or bag filter and into the final holding frac tank(s) until the liquids can be sampled and tested in accordance with Section 3.01 (c) of this specification . Sample results shall be compared to the City of Fort Worth Industrial Wastewater Pretreatment Limits . If tests pass , then the liquids shall be transported and/or pumped into the City 's sanitary sewer manhole located just west of the treatment plant as shown on the plans. The City's WWTP Pretreatment Supervisor shall be notified prior to disposal of liquids into the City's sanitary sewer system. If tests do not pass , then the liquids shall be pumped back to the Liquids Treatment Facility and treated again using the same process as befo re. B. Storm water that has come in contact with the sludge material shall be designated as "contaminated" and must not be allowed to enter adjacent streams or otherwise exit the site . Any such contaminated water must be handled in accordance with Paragraph 3.03 A of this specification . C. All water generated by equipment or structure decontamination activities shall be treated by the on-site Liquids Treatment Processing Facility . 3.04 SOLID SLUDGE STABILIZATION A. Upon removal of the aqueous sludge and any free liquids from the digester, the Contractor shall stabilize the remaining sludges/solids . The digester may be utilized as a mixing vat or stabilization may be performed outside the digester. The Contractor shall mix the appropriate amount of fly ash with the solid-phase sludge so that the stabilized waste will pass the Paint Filter Liquids Test. The Contractor shall use a longstick trackhoe with a cleanout bucket to perform the mixing . Contractor shall be responsible for dust control during the entire project , especially during the mixing of the flyash and sludge . B. The Contractor shall perform the Paint Filter Liquids Test on representative samples of the fly ash-enriched sludge/solids to verify that the material will meet the requirements of 30 TAC 330.136, Disposal of Special Wastes -Method 9095 (Paint Filter Liquids Test) prior to disposal. A Paint Filter Liquids Test should be conducted for each truckload . 3.05 SLUDGE/SOLIDS EXCAVATION A. Upon verification that representative samples of the fly ash-enriched sludge/solids material meet the requirements of the Paint Filter Liquids Test , the Contractor shall remove the material from the digester and place in haul trucks for transport to an approved disposal facility . The haul trucks shall be lined with 10-mil polyethylene sheeting prior to receiving the sludge/solids . Contractor shall wrap the polyethylene sheeting around the sludge/solids and seal the polyethylene sheeting in a manner that prevents blowing of waste materials during transportation to the disposal facility . 3.06 PROTECTION AND CONTAINMENT Digester Sludge 02218-4 FTW94158C A . All areas outside of the digester are designated as "clean " areas and shall be protected from spillage and contamination by the sludge material. Any spillage that might occur shall be immediately contain ed by temporary earthen dikes and completely cleaned up and placed back into the d igester or haul truck . Leaking hauling vehicles w ill not be allowed . All equipment that has come into contact with the sludge/solids or sludge/liquids must be decontaminated as indicated in Paragraph 3.09 of this specification . B. The Contractor shall provide all necessary containment and diversion d ikes or other protective structures or devices for containing the sludge material. 3.07 HAUL AND DISPOSAL A . It shall be the sole responsibility of the Contractor to see that sludge/solids are transported from the job site to CSC Disposal in appropriate vehicles which comply with all applicable codes , laws , and ordinances and which are acceptable to the Owner and Engineer for compatibility with conditions and existing facilities at the job site . An adequate number of vehicles will be used for transporting the material so as to prevent undue delays in the construction sequence . B. All wastes for disposal shall be transported to Republic Services CSC Landfill (Contact Charles Johnston; 911 E. Hwy 121 Business, Lewisville , Texas 75057 ; (281) 838-6670). The Contractor is responsible for coordinating with Republic Services in order to set up a Contractor's Waste Service Agreement (WSA) and coordinate special landfill operations . 3 .08 CLEAN AND ADJUST A. Upon removal of the gross material (sludge/solids), the Contractor shall rinse the residue from the digester bottom and sidewalls with a heated 3 ,000 psi pressure washer and surfactant. All rinsate shall be pumped into a frac tank and then pumped to the Liquids Treatment Facility for treatment as described in Paragraph 3 .03 . Decontamination of digester structures shall meet requirements of 40 CFR 761 .79. B. After the digester is cleaned, the Contractor shall conduct verification sampling in accordance with 40 CFR 761 Subpart O and USEPA's "Standard Operating Procedure for Sampling Concrete in the Field " to verify all contamination has been removed. Sample results must be submitted to the Engineer for review and approval. C . Upon completion of the cleaning and sampling, the Contractor shall plug all piping that enters the digester with lean concrete. 3.09 DECONTAMINATION A. Personnel Contractor's personnel shall remove personal protective equ ipment and wash face and hands with detergent and water. Contractor shall provide a sealable drum to receive items such as gloves , tape or Tyvek suits . Decontamination rinsate water shall be collected and treated in accordance with Paragraph 3.03 -LIQUIDS REMOVAL AND PROCESSING of this specification . Decontamination wastes other than liquids shall be disposed of at CSC Landfill. Contractor is responsible for any waste characterization testing and disposal fees for decontamination wastes . B . Equipment The Contractor shall clean all excess waste from all equipment used in the excavation or hauling of contaminated materials. Contractor shall steam clean all equipment that has been in direct contact with sludge at the conclusion of excavation and hauling activities . Digester Sludge FTW94158C 02218-5 Decontamination of all equipment and materials must be conducted in accordance with 40 CFR 761 . 79 and any other applicable federal and state regulations . The equipment decontamination area location shall be as shown on the plans . 10-mil poly sheeting shall be placed in the area and weighted down with sand bags or by other suitable means to prevent wind displacement. The poly sheeting shall be of sufficient length and width to accommodate the equipment being decontaminated . All equipment to be decontaminated shall be carefully driven onto the poly sheeting , inspected for large , easily dislodged deposits of sludge material and cleaned over the poly sheeting . The exterior of the equipment and tires shall be cleaned with a wire brush or other suitable equipment and the contaminated material shall be allowed to fall on the poly sheeting . Next, the complete surface of the tires shall be wiped clean with moist rags or sponges to allow movement of the vehicle from th e area . After the initial decontamination phase has been completed, the Contractor shall drive the equipment from the poly sheeting . The Contractor shall roll up the poly sheeting containing the removed material and any rags , sponges or other items used in the decontamination process and dispose of the material in accordance with Paragraph 3.09 A of this specification . Digester Sludge FTW94158C END OF SECTION 02218-6 02219 EXCAVATION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals necessary to perform the operations in connection with removing , hauling, and disposing of materials from the locations specified in accordance with these specifications . Conduct excavations to be placed in the compacted fills to segregate different materials in accordance with their suitability in the various zones of the work. 1.02 QUALITY ASSURANCE A. CLASSIFICATIONS Classifications of excavation shall include material of whatever nature encountered, including but not limited to clays , sands, gravels , conglomeritic boulders , weathered clay shales , shales , rock, debris , and miscellaneous abandoned subsurface structures . The Engineer will , in accordance with the specifications, determine the classification of required excavations . All required excavation shall be considered to fall within one (1) of the following classifications . 1. STRIPPING EXCAVATION Stripping Excavation shall consist of excavation, down to a maximum depth of 9", required to remove topsoil , rubbish , vegetation not removed by clearing and grubbing operations , and other unsatisfactory material from the subgrade area of the compacted fills for the embankments, from the surfaces underneath roadways or other structures and from the surface areas of all required excavations . 2. GENERAL REQUIRED EXCAVATION General Required Excavation shall consist of the material required to be excavated which is not classified or subsidiary to another class of excavation or other work . General required excavation includes but is not limited to the digester areas . 3 . ONSITE BORROW EXCAVATION Borrow Excavation shall consist of suitable material required to be excavated from the General Required Excavation areas as may be required for the various classes of Earth Fill. It shall be the responsibility of the Contractor to see that soils from required excavations which are suitable for the various fills are properly segregated and not disposed of unless there is a surplus. See specification Section 02257, OFFSITE SOIL BORROW . 2.00 PRODUCTS 2 .01 EQUIPMENT Excavation of materials may be performed by the use of any excavating and hauling equipment adaptable to the work and by any method generally accepted for this type of work, which is compatible with project requirements and conditions . 3.00 EXECUTION 3 .01 REMOVAL A . GENERAL 1. Excavations shall be to the lines and grades shown on the drawings within a tolerance of + or -0 .1 feet unless specified otherwise herein . Any and all excess excavation for the convenience of the Contractor or over-excavation performed by the Contractor for any purpose or reason , except when requested by the Engineer, and whether or not due to Excavation FTIW94158C 02219-1 the fault of the Contractor, shall be at the expense of the Contractor. Where required to complete the work, refill the excess excavation and over-excavation with materials furnished, placed and compacted at the Contractor's expense, using procedures approved by the Engineer. 2. Perform excavation for embankments and structural foundations in the dry. Perform no excavation in frozen material without the approval of the Engineer. No additional allowance above the unit prices bid per cubic yard for the respective classification of excavation shall be made on account of any material being wet or frozen or on account of any surface or ground water condition. 3. Excavations shall be to the full dimensions shown on the drawings . Finish excavations to the prescribed lines and grades. 4. Following completion of the excavation and prior to placement of embankment material upon the prepared subgrade surface , the Engineer will approve the subgrade surface . If the subgrade material , in the opinion of the Engineer , is unsuitable for use as the subgrade , perform additional excavation and backfill as requested by the Engineer. Such additional excavation and backfill shall be paid for in accordance with the appropriate bid items. Following approval of the subgrade surface , assume all responsibility for maintaining the subgrade surface and remove or recompact the weathered or unsatisfactory subgrade material and replace with compacted fill at Contractor's expense . Following approval of the subgrade , diligently prosecute the work of placing the appropriate embankment material on the prepared subgrade . Maintenance of all slopes is the Contractor's responsibility . 5 . Requirements for care of water, including dewatering of excavations , are included in Section 02403 , CARE OF WATER DURING CONSTRUCTION . B. STRIPPING EXCAVATION Complete stripping at least 200 feet in advance of other excavation or fill operations. Stockpile stripping excavation which is suitable for use as topsoil in areas approved by the Engineer for later respreading. Dispose of surplus stripping excavation material or topsoil in spoil disposal areas as designated by the Engineer or in offsite disposal areas . Maintain continuous drainage of stripped areas to prevent ponding of water or formation of swampy areas . C . GENERAL REQUIRED EXCAVATION Perform general required excavation to the full lines and grades shown on the drawings and within the tolerance of+ or -0.1 feet. Sequence and schedule the excavation operations so that the various types of excavated materials will be available when needed for fill or backfill and so the overall site drainage patterns will not be unduly interrupted . D. BORROW EXCAVATION 1. Borrow excavation shall consist of suitable material from required excavations on site or from on site borrow areas approved by the OWNER. Do not use the materials that are unsuitable for placement in the work . 2 . Use the soil borrow materials from required excavations in the most restrictive earth fill classification zone which the borrow material will meet until all requirements for the most restrictive earth fill classification are fulfilled . Segregate and stockpile borrow materials . It is the intent that the segregation take place generally in the normal course of excavation. Highly selective excavation or segregation of small pockets less than 50 cubic yards of soil material shall not be required . 3 .02 BLASTING No blasting shall be allowed . 3.03 DISPOSAL Suitable material from excavations which meets the requirements for the various fills as specified in Section 02254, COMPACTED EARTH FILL , except stripping excavation may be placed in the fill zones of the embankments. When necessary, adjust the moisture of the excavation suitable Excavation FTIW94158C 02219-2 for use in the embankments to the proper moisture content prior to placing on the fill. When necessary, stockpile excavated materials suitable for use at convenient locations in an approved manner. Place materials that are not useable in the spoil disposal areas at no additional cost to the Owner. 3.04 SPOIL DISPOSAL AREAS Place materials designated as spoil in spoil disposal areas as approved by the Owner or in off-site disposal areas . Leave spoil disposal areas neat and sightly conditioned and sloped to provide positive drainage away from the embankments and present and proposed future construction work . Compaction of materials in the spoil disposal areas will not be required . Excavation FTIW94158C END OF SECTION 02219-3 02254 COMPACTED EARTH FILL 1.00 GENERAL 1.01 WORK INCLUDED A . Furnish labor, materials , equipment and incidentals, and perform the necessary operations in connection with preparing the subgrades for the embankments and placing and compacting the permanent earth fill and backfill not otherwise specified. See specification Section 02257, OFFSITE SOIL BORROW . 1.02 QUALITY ASSURANCE A . DEFINITIONS The term "embankment" as used in these specifications is defined as the earth fill portions of the levee structures, digester areas, topsoil and any other earth fill as specified or shown on the drawings . Earth spoil shall not be considered as embankments and are not a part of this specification section . 8 . CLASSIFICATION Classifications shall be in accordance with Section 02255, EARTH FILL CLASSIFICATIONS. C. GENERAL PROVISIONS 1. LINES AND GRADES The embankments shall be constructed to the lines, grades, and cross sections indicated on the drawings . The embankments and fills shall be final graded to a tolerance of+ or - 0 .1 feet. There will be no payment for shrinkage or consolidation that occurs during construction. The end slopes and side slopes of fill sections shall not be steeper than those shown on the plans. 2. CONDUCT OF THE WORK a . Maintain and protect the embankments in a satisfactory condition at all times until final completion and acceptance of the work . If the hauling equipment causes horizontal shears or slickensides, rutting , quaking, heaving, cracking , or excessive deformation of the embankments, limit the type, load, travel speed, and/or haul pattern of the hauling equipment on the embankments . Excavate and remove from the embankments any material which the Engineer considers objectionable and dispose of such material and refill the excavated area. Remove any embankment material placed outside of prescribed lines shown on the drawings. Replacement of any material rendered unsuitable as a result of the operation will be at the Contractor's own expense . b. Do not place frozen earth fill or fill upon frozen subgrade . Previously frozen fill shall be recompacted prior to placement of additional fill . 3 . HAUL ROADS Locate and construct haul roads at approved locations . Construct roads to maintain the intended traffic and be free draining . Maintain roads in good condition throughout the contract period . When no longer needed, remove haul roads and topsoil and seed the area as requested by the Owner. 4 . STOCKPILING FROM APPROVED BORROW SOURCES Stockpile the excavated material , adjacent to the work until used , at locations approved by the Owner when the excavation from approved borrow sources or from required excavation progresses at a faster rate than placement of the fill is being accomplished . Plan operations to minimize stockpiling. Dress and maintain stockpiles so that the Compacted Earth Fill FTW94158C 02254-1 surfaces will be free draining . Suitable erosion control methods are to be incorporated adjacent to stockpile areas in accordance with Section 02663 , EROSION CONTROL. 5 . CONTROL TESTING a. The Contractor will provide for quality control tests on the materials incorporated in the work using our approved testing laboratory, includ ing classification testing of borrow materials from on-site sources. Copies of the results of the tests performed will be furnished to the Owner and Engineer upon request. The testing performed by the Contractor in no way relieves the Contractor of the responsibility of completing the work in accordance with the specifications . The Contractor shall assist the testing personnel in taking tests to the extent of furn ishing labor and equipment to prepare the areas for testing and curtailing operations in the vicinity of the test area during testing. b. The Owner has the right to conduct such tests as deemed necessary to assure compliance with the contract specifications . Conflicting results between the Owner's tests and those made by the Contractor will be resolved by the Engineer, and his decision shall be final. Contractor shall also assist any testing personnel of the Owners . a . The Contractor shall have the sole responsibility for seeing that the appropriate class of earth fill is placed in each zone. To this end , the Contractor will be responsible for determining any changes in materials from borrow sources , excavations , and stockpiles, and see that appropriate classification tests are requested in a timely manner. Any earth fill which does not meet the classification requirements for the zone in which it is placed , shall be removed and properly replaced with conforming material by the Contractor at no additional cost to the Owner. 5. SLIDES In the event of slides in any part of the embankments prior to final acceptance of the work , remove all loose material from the slide area and rebuild the portion of the embankment as requested by the Engineer, at no additional cost to the Owner. 1.03 STANDARDS The following publications, referred to hereafter by basic designation only , form a part of this specification to the extent indicated by the references thereto: ASTM D-698 ASTM D-1556 ASTM D-2922 ASTM D-3017 ASTM 0-4253 ASTM 0-4254 Moisture-Density Relationship of So ils and Soil Aggregate Mixtures , Using 5.5-lb . Rammer and 12 Inch Drop Density of Soil in Place by the Sand Cone Method Density of Soil and Soil Aggregate In-Place by Nuclear Methods Moisture Content of Soil and Soil-Aggregate In-Place by Nuclear Methods Test Methods for Maximum Index Density of Soils Using a Vibratory Table Test Methods for Minimum Index Density of Soils and Calculation of Relative Density A. Any other testing required by these specifications and not specifically referenced to a standard shall be performed under ASTM or other appropriate standards as designated by the Engineer. B. References herein or on the drawings to soil classifications shall be understood to be according to ASTM D-2487 , "Class ification of Soils for Engineering Purposes" unless indicated otherwise . Compacted Earth Fill FTW94158C 02254-2 2.00 PRODUCTS 2 .01 MATERIALS; EARTH FILL ZONES A. GENERAL: Materials for embankment fills shall be secured from required excavations or from offsite borrow areas approved by the Engineer. The intention is to use the most suitable materials obtainable from these sources . Materials containing brush , roots, sod, or other perishable materials will not be considered suitable . The suitability of the materials shall be subject to approval of the Engineer. Mixing of materials during the excavating process at the borrow area may be required for Class 3 earth fill. B . EMBANKMENTS AND BACKFILL : Consist of earth fill of the class shown on the drawings or specified herein for the various zones of fill. 2 .02 COMPACTION EQUIPMENT Compaction equipment shall conform to the following requirements and shall be utilized as hereinafter specified . A . TAMPING ROLLERS (SHEEPSFOOT) 1. Tamping rollers shall consist of a heavy duty double drum unit with a drum diameter not less than 60" and an individual drum length of not less than 60 ". The drums shall be water or sand and water ballasted . Each drum shall have staggered feet uniformly spaced over the cylindrical surface such as to provide approximately three (3) tamping feet for each 2 square feet of drum surface . The tamping feet shall be 7" to 9" in clear projection from the cylindrical surface of the roller and shall have a face area of not less than 7 nor more than 10 square inches . Self propelled rollers w ith tamping feet surface areas greater than 10 but less than 30 square inches can be utilized provided the feet have tapered heads that add to the compactive effort. The roller shall be equipped with cleaning fingers , designed and attached to prevent the accumulation of material between the tamping feet , and these cleaning fingers shall be maintained at their full length throughout the periods of use of the roller. The weight of the roller shall not be less than 3500 pounds per foot of linear drum length weighted and shall not be less than 1500 pounds per foot of drum length empty. The two (2) drums comprising one roller unit shall be designed such that they will both function when traversing uneven ground . The roller shall be self-propelled or tractor drawn at a speed that will give optimum compactive effort. 2 . The design , operation , and use of the tamping roller shall be approved by the Engineer based on the results of the construction of a test section . The test section shall be constructed using the proposed roller and the materials from designated and/or planned borrow areas . The roller shall provide uniform compaction throughout the lift and shall insure bonding by its kneading action. The roller shall not cause scaring of the fill or laminations in the fill. The roller shall not walk across a lift until uniform compaction is obtained . Additional testing will be required if the materials change during construction . When necessary repairs shall be made to the tamping feet , minor alterations shall be made to the roller , and variations in the weight of roller shall be made . B. PNEUMATIC ROLLERS Pneumatic rollers shall have a minimum of four (4) wheels equipped with pneumatic tires . The tires shall be of such size and ply as can be maintained at tire pressures between 80 and 100 pounds per square inch for a 25 ,000 pound wheel load during rolling operations . The roller wheels shall be located abreast and be designed so that each wheel will carry approximately equal load in traversing uneven ground . The spacing of the wheels shall be such that the distance between the nearest edges of adjacent tires will not be greater than 50 % of the tire width of a single tire at the operating pressure of a 25 ,000 pound wheel load . The roller shall be provided with a body suitable for ballast load ing such that the load per Compacted Earth Fill 02254-3 FTW94158C wheel may be varied , from 18 ,000 to 25 ,000 pound s . The roller shall be towed at speeds not to exceed ten miles pe r hour . The character and efficiency of this equipment shall be subject to the approval of the Engineer. C. VIBRATORY ROLLERS Vibratory rollers shall have a total static weight of not less than 20 ,000 pounds , with at least 90 % of the weight transmitted to the ground through a single smooth drum when the roller is standing in a level position . The diameter of the drum shall be between 5 and 5.5 feet and the width between 6 and 9 feet. The unsprung weight of drum , shaft, and internal mechanism shall be not less than 12 ,000 pounds . The frequency of vibration during operation shall be between 1,100 and 1,500 c .p.m ., and the dynamic force shall be not less than 40,000 pounds at 1,400 c.p.m . No backing of the vibratory roller will be allowed on the embankment unless the vibrating mechanism is capable of being reversed . The Equipment Manufacturer shall furnish sufficient data, drawings and computations for verification of the above specifications , and the character and efficiency of this equipment shall be subject to the approval of the Eng ineer. Self-propelled and towed vibratory rollers shall be operated at speeds not exceeding 3 miles per hour and 1.5 miles per hour, respectively . D. POWER HAND TAMPERS AND VIBRATORY PLATE HAND COMPACTORS Compaction of material in areas where it is impracticable to use a roller or tractor shall be performed with approved power hand tampers , vibratory plate hand compactors , or other approved equipment. Approval shall be based upon performance in a test section . 3.00 EXECUTION 3.01 PREPARATION OF SUBGRADE A . STABLE SUBGRADES After excavation or stripping of the subgrades and excavation of the undesirable material to the extent indicated on the drawings or otherwise required , break down the sides of stump holes , test pits , and other similar cavities or depressions to flatten out the slopes to no steeper than five (5) horizontal to one (1) vertical. Scarify the sides of the cut or hole to provide bond between the subgrade material and the fill. Scarify the slopes and bottom of all excavations . Fill each depression with the appropriate class of earth fill material , depending upon the type of material which is to be placed immediately above the subgrade . Place the fill in layers , moistened , and compacted in accordance wi t h the applicable provisions . Spread materials which cannot be compacted by roller equipment because of inadequate clearances in 4" layers and compact with power tampers to a dens ity and moisture content specified herein for the particular material being placed . After filling of depressions and trenches and immediately prior to placement of compacted fill in any section of the embankment , loosen the subgrade of such section thoroughly by scarifying , plowing, discing , or hallowing to a minimum depth of 6". The moisture content shall be within the limits specified in Paragraph 3.03 of this specification for the appropriate type of material. After removal of roots or other debris turned up in the process of loosing , compact the entire surface of the embankment subgrade area as specified in Paragraph 3 .04 of this specification . B. UNSTABLE SUBGRADES 1. In areas of the subgrade which , in the opinion of the Engineer, are too soft, wet, or otherwise unstable to allow embankment construction to begin , the Engineer may request soft ground stabilization techn iques . Soft ground stabilization techniques shall consist of plating. 2 . Plating shall consist of covering the unstable areas with an approximate 12" lift of dry cohes ive soil meeting the earth fill classification requirements for the particular zone . Spread and initially compact the lift w ith low ground pressure equipment such as 0-3 Caterpillar bulldozer or equivalent. The lift shall receive a minimum of three (3) Compacted Earth Fill 02254-4 FTW94158C coverages of the bulldozer tracks prior to beginning compaction with the equipment specified in Paragraph 2.05 of this specification . The lift shall receive the specified number of passes of the specified compaction equipment for the particular class of earth fill. In areas which will not support the specified number of passes of the compaction equipment without severe rutting or pumping , place an additional 8" lift of dry cohesive soil over the previous lift and apply the specified number of passes of the specified compaction equipment. This process shall continue until all areas will support the compaction equipment for the specified number of passes without significant rutting or pumping . 3. Each lift of plating will be tested for moisture and density by the Contractor's testing laboratory. These tests on the plating will be for informational purposes . No specific moisture or compaction criteria will be required in areas of plating which will not support the specified number of passes of the compaction equipment without significant rutting or pumping; however, when requested by the Engineer, the Contractor shall adjust the moisture content of the earth fill material being used for plating prior to spreading on the plating areas . This adjustment shall be within a range as designated by the Engineer. The minimum and maximum percentages of moisture content of the range designated by the Engineer shall be separated by no less than five (5) percentage points . Once the lifts of plating are built up in an area to the point that the plating will support the specified number of passes of the specified compaction equipment , these areas will then be considered as stable subgrade areas . Embankment construction shall then proceed and all additional lifts of earth fill shall meet the requirements for placing , moisture, and density as specified in this specification for the particular class of earth fill. 4 . Soft ground stabilization techn iques in relation to embankment construction will not be undertaken by the Contractor without prior approval of the Engineer. When soft ground stabilization techniques are approved or requested by the Engineer, each lift of plating will require specific approval by the Engineer prior to the Contractor proceeding to the next lift or layer. Any soft ground stabilization techniques performed by the Contractor without prior specific approval of the Engineer shall be subject to removal and proper replacement by the Contractor at no cost to the Owner. 5 . Soft ground stabilization techniques shall not be used within any portion of a constructed soil liner used for containment purposes . 3.02 PLACING OF MATERIAL A. CLASS 1 THROUGH CLASS 5 EARTH FILL 1. Place embankment materials on properly prepared subgrade as specified above . The combined excavation, placing, and spreading operation shall be done in such manner to obtain blending of material and to insure that the materials, when compacted in the embankment, will have the best practicable degree of compaction, impermeability, and stability. The placing of materials from the borrow sources shall be in the zones as shown on the drawings or specified. Spread the earth materials that can be compacted with the specified tamping and pneumatic rollers with approved equipment in approximate horizontal layers not more than 8" thick for Class 1 and 2 earth fill and not more than 12" thick for Class 3 through 5 earth fill , before compacting over the length and breadth of the section of embankment under construction . Lift thickness will be reduced if required to consistently achieve the specified density. In areas where the specified tamping and pneumatic rollers cannot be utilized, spread the earth materials in approximately horizontal layers not more than 4" thick before compacting . If the surface of the embankment is too smooth and hard to bond properly with succeeding layer , roughen and loosen the surface by scarifying before the succeeding layer is placed . Where fill is to be placed next to existing fill , remove fill to unweathered, dense material, sloped to no steeper than 1 H: 1V if existing fill face is parallel to the centerline of the embankment and 5H : 1 V if the face is perpendicular to the centerline of the embankment. Bench and scarify each layer as adjoining lifts are placed . Route material hauling equipment over the Compacted Earth Fill 02254-5 FTW94158C surface of the embankment to distribute the added compaction afforded by the rolling equipment and to prevent the formation of ruts on the embankment surface . 2 . As soon as practicable after commencement of construction of any section of the embankment, raise or crown the appropriate portions with grades not to exceed 2% so that the surface of the fill will drain free ly and can be ma intained throughout construction . During the dumping and spreading process , maintain at all times a force of men adequate to remove all roots and debris and all stones greater than 3" in max imum dimension from all embankment materials . Remove roots , stones and debris from the embankment and dispose of material in an approved manner. B. CLASS 12 EARTH FILL 1. Prior to and immediately preced ing spreading of Class 12 Earth Fill , lightly scarify the surface of the area to receive Class 12 Earth Fill and lightly wet the surface if unusually dry, as determined by the Engineer. 2 . Uniformly spread Class 12 earth fill over the areas and to the thickness shown on the drawings or specified . Class 12 earth fill thickness shall be 4" if not shown or specified otherwise . 3. Remove stones 1-1/2" or larger in maximum dimension, stumps , large roots , or other objectionable debris from the Class 12 earth fi ll at the time of spreading , and dispose of material in an approved manner. 3 .03 MOISTURE CONTROL -CLASS 1 THROUGH CLASS 5 EARTH FILL A . GENERAL The materials in each layer of the fill shall uniformly contain the amount of moisture within the limits specified below necessary to obtain the maximum dry density for the soil. Compact Class 1 and Class 2 earth fill with a moisture content at or within five (5) percentage points wet of optimum moisture content. Compact Class 3, Class 4 , and Class 5 earth fill with a moisture content within two (2) percentage points dry to five (5) percentage points wet of optimum moisture content. The moisture content ranges specified above for the various classes of earth fill represent maximum upper and lower limits of the particular range. Determination of the maximum dry density-optimum moisture is specified in 3 .04 of this specification . Completely cohesionless materials which are to be compacted to a specified percentage of maximum density and shall be at a moisture content which will allow use of the specified compaction equipment and consistent achievement of the specified density. B. IRRIGATION OF BORROW Irrigation of borrow shall be done with distributing or sprinkling equipment that will uniformly produce the required results. Wet the material at the source of borrow to within three (3) percentage points of optimum moisture content. Wet the material in the borrow pits by irrigation sprinkler system, by flooding , or by another approved method . Allow an adequate amount of time to wet the borrow source in advance of excavation operations to permit thorough and uniform distribution and penetration of moisture throughout the material. Divide the borrow area into sufficient sections to be worked in rotational order, for example , while one section is being worked, the previously worked section will be in the process of wetting , and the other sections will be in the process of curing to obtain uniform distribution and penetration of moisture . C . DRYING OF BORROW Drying of borrow prior to placing may be requ ired if the placed material is wet enough to adversely affect the moisture and/or density of the underlying lifts. D . MOISTURE CONTROL DURING PLACEMENT After spreading the so il on the embankment , adjust the moisture content of the soil if necessary by either aeration or the addition of water to bring the moisture content within the Compacted Earth Fill 02254-6 FTW94158C range specified. Uniformly distribute the moisture content throughout the layer of soil to be compacted. In order to accomplish this distribution, thoroughly mix the layer of soil by discing , harrowing , or by the use of a power-driven pulverizer . Should the surface of a previously compacted layer become dry due to exposure to the elements , appropriately wet the surface of the compacted layer prior to placing the succeeding layer of soil, and properly disk or harrow the surface . Should a layer of soil be over wet, allow the layer to dry to a proper moisture content prior to compacting. Should the surface of a layer become smooth and hard, roughen the surface by scarifying, and wet the surface if necessary prior to placing the next layer of soil. Reprocess any layer which becomes damaged by weather conditions to meet the specification requirements. There shall be no additional payment made for such reprocessing . The prescribed moisture and density characteristics of the compacted fill shall be met immediately prior to placement of any fill on top of it. 3 .04 PROCESSING AND COMPACTION A. CLASS 1 THROUGH CLASS 5 EARTH FILL 1. After a layer of fill material has been dumped and spread , thoroughly process the material to break up and blend the fill materials . Perform harrowing with a heavy disc plow or other approved harrow to the full depth of the layer. If the power-driven pulverizer is used, a minimum of three (3) passes shall be required. If a heavy disc plow or other similar harrow is used , a minimum of five (5) passes shall be required . Where space permits, each pass shall be in a direction perpendicular to the previous pass . Regardless of the type of equipment used, a greater number of passes than specified above shall be used if necessary to accomplish the breaking up and blending of the materials . When the moisture content and the condition of the layer is satisfactory, compact the lift of material by at least the specified number of passes to the percent of maximum density specified below. 2. Compact the Class 1 and Class 2 earth fill zones by a minimum of eight (8) passes with a tamping roller. Compact the Class 3, Class 4 , and Class 5 earth fill zones by a minimum of eight (8) passes with a tamping roller or by a minimum of four (4) passes with a tamping roller, followed by a minimum of four (4) passes with a pneumatic roller. A vibratory roller shall be required if the material is sandy and if requested by the Engineer . A pass shall consist of one (1) trip over the area being compacted. The front and rear axle rollers on self propelled models will only be considered as one (1) pass per trip . The initial and final area to be rolled shall each have eight (8) passes. Stagger passes between the initial and final area in order to establish overlapping with at least eight (8) passes at all locations. Dumping, spreading , sprinkling and compacting may be performed at the same time at different points along a section where there is sufficient area to permit these operations including approximate testing to proceed simultaneously. 3 . Areas of the fill being compacted with power hand tampers or vibratory plate hand compactors shall receive a minimum of eight (8) passes of the equipment with an overlap of 50% of the equipment base plate width . 4 . The in-place density of Class 1 through Class 5 earth fill shall not be less than 90% of maximum dry density as determined by ASTM D-698, Standard Proctor. 5. Cohensionless materials on which are not practical to control the density by proctor methods shall be compacted to a minimum of 90% of the maximum density as determined by ASTM D-4253. 6. Determine the moisture and density of in-place materials by one (1) or more of the following ASTM procedures: D-1556 , D-3017 , or D-2922. 7. If necessary to achieve the specified density, the number of passes of the compaction equipment shall be increased and/or the weight of the compaction equipment shall be modified. Compacted Earth Fill FTW94158C 02254-7 8. Regardless of the density achieved, the number of passes of the compaction equipment shall not be less than eight (8). B. STRUCTURAL BACKFILL 1. Place structural backfill as specified in Paragraph 3.02 at the moisture content specified in Paragraph 3 .03 and to the density specified in Paragraph A above . Compaction shall be by power hand equipment or rubber tired equ ipment, provided the rubber tired equipment does no damage to the structure . Compaction by power hand equipment or rubber tired equipment shall be completed such that there will be a 24" overlap by roller compaction . 2. Do not permit rollers to operate within 3 feet of structures. Do not place backfill or other loads on or against concrete surfaces until at least fourteen (14) days have elapsed since placement. Before passage of hauling and rolling equipment over the top of a concrete structure will be permitted, the depth of fill over the concrete shall be sufficient to permit such passage without inducing harmful stresses or vibrations in the structures . Keep backfill on structures receiving fill on both sides within 2 feet of the opposite side . C . CLASS 12 EARTH FILL Class 12 earth fill does not require specific compaction but roll with suitable construction equipment as required for initial stability. Finish grade Class 12 earth fill to a tolerance of+ or - 0 .1 feet. Repair any erosion of Class 12 earth fill at the Contractor's expense until final acceptance by the Owner. Compacted Earth Fill FTW94158C END OF SECTION 02254-8 02255 EARTH FILL CLASSIFICATIONS 1.00 GENERAL 1.01 WORK INCLUDED This section of the specifications describes the various classes of Earth Fill. All of the classes of Earth Fill contained in this specification may not be used on th is project. The classes of Earth Fill used on this project are shown on the drawings or specified in other sections of the specifications. This specification section does not include specifications for placement and compaction of Earth Fill. Specifications for placement and compaction of Earth Fill are included in other sections of the specifications and/or shown on the drawings . 1.02 STANDARDS Soil materials shall be classified into the appropriate class of Earth Fill shown below according to ASTM 02487 "Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)" or other appropriate methods as designated by the Engineer. 2.00 PRODUCTS 2 .01 MATERIALS ; CLASSIFICATIONS A. CLASS 1 EARTH FILL: Limited to clays and sandy clays classified as CH material with a liquid limit greater than or equal to 50, a plasticity index greater than or equal to 25 , and a minimum of 60 % passing the No . 200 sieve, which are free of organic materials. B. CLASS 2 EARTH FILL: Limited to clays and sandy clays classified as CH and CL materials with a coefficient of permeability less than or equal to 1.0 x 10-7 cm/sec , a liquid limit greater than or equal to 30 , a plasticity index greater than or equal to 15, and more than 50 % passing the No. 200 sieve , which are free of organic materials . C. CLASS 3 EARTH FILL: Consist of any materials classified as CH, CL , SM , SP , SP-SM , SC , and GC , wh ich have a minimum plasticity index of 4 , which are free of organic materials . D. CLASS 4 EARTH FILL : Consist of materials which are classified as SP, SM , SC, CL , or dual classifications thereof , which have a liquid limit less than or equal to 35 and a plasticity index of a minimum of 4 and a maximum of 15, which are free of organic materials . E. CLASS 5 EARTH FILL : Consist of materials classified as SP or SP-SM which have a plasticity index less than or equal to 4 and a maximum of 12 % passing the No . 200 sieve , which are free of organic materials . (Class 6 through Class 11 reserved) F. CLASS 12 EARTH FILL: Consist of soils suitable for topsoil which are relatively free of stones or other objectionable debris , which have sufficient humus content to readily support vegetative growth . The suitab ility of soils for topsoil shall be subject to the approval of the Engineer. 3.00 EXECUTION [NOT USED] Earth Fill Classifications FTW94158C END OF SECTION 02255-1 02257 OFFSITE SOIL BORROW 1.00 GENERAL 1.01 WORK INCLUDED The work covered by this section of the specifications consists of obtaining and furnishing to the job s ite , soil borrow material from offsite borrow pits or other sources as required for the various embankments , fills and backfills . 1.02 QUALITY ASSURANCE A . CLASSIFICATION TESTING 1. CONTRACTOR TESTING a. The Contractor shall arrange and pay for the services of an independent soils testing firm to sample and test proposed borrow soils from the offsite borrow source(s). A minimum of one (1) set of tests will be required from each representative soil from the various sources . Composite samples shall be taken for testing from each representative soil , but samples shall not be mixed from different representative soils or from different borrow sources . b . The Contractor shall submit the classification test results on the borrow sources to the Engineer for approval prior to proceeding with furnishing of offsite soil borrow. c. The Contractor will arrange and pay for the services of an independent soils testing firm to provide the required in place Proctor tests and additional classification tests on the offsite soil borrow during construction as deemed necessary by the Engineer. 2 . TEST METHODS a . Classification testing on all offsite soil borrow materials except Class 12 earth fill shall be performed in accordance with ASTM 0-2487 , "Classification of Soils for Engineering Purposes" or other standard test methods as designated by the Engineer. b. Class 12 earth fill will not require specific classification testing but its suitability shall be subject to the approval of the Engineer and suitab ility testing may be performed by the Owner if deemed necessary by the Engineer. A minimum of a two cubic foot representative sample of proposed Class 12 earth fill shall be delivered to the job site for observation by the Engineer. The Engineer shall also observe the proposed Class 12 earth fill at the source. The Contractor shall not proceed with furnishing Class 12 earth fill to the site until its suitability has been approved by the Engineer. B. CONTAMINATION TESTING AND CERTIFICATION 1. CONTAMINATION TESTING a . The Contractor shall arrange and pay for the services of an EPA approved laboratory to perform a toxic contaminant scan of composite soil samples representative of each separate borrow source in accordance with the U .S . Environmental Protection Agency protocol for the list of contaminants described in 40 CFR, Part 261 , Appendix VIII and by EPA Methods SW-846 . b . Copies of the results of the laboratory scan shall be submitted to the Engineer by the Contractor prior to proceeding to furnish soil materials to the site . Any potential offsite soil borrow on which scan test results indicate the presence of contaminants above background levels will be rejected as an offsite soil borrow source. 2. CERTIFICATION Offsite Soil Borrow FTW94158C 02257-1 a . The laboratory performing the scan test for contaminants for the Contractor shall provide a written certification along with the test results which states that the laboratory is EPA approved and that the tests were performed according to EPA guidelines. b . The Contractor shall obtain a written , notarized certification from the landowner of each proposed offsite soil borrow source stating that to the best of the landowner's knowledge and belief there has never been contamination of the borrow source site with hazardous or toxic materials . These certifications shall be submitted to the Engineer by the Contractor prior to proceeding to furnish soil materials to the site . The lack of such certification on a potential offsite soil borrow source will be cause for reje ction of that source . 1.03 SUBMITT ALS Submittals shall be in accordance with Section 01300, SUBMITTALS and shall be include : A . Certified Test Reports 1.04 STANDARDS ASTM D-2487 "Classification of Soils for Engineering Purposes " or other appropriate methods as designated by the Engineer. 1.05 DELIVERY AND STORAGE A. Contractor shall be responsible for properly handling offsite soil borrow material once it reaches the job site until unloading at the point of use or at approved stockpile areas . B. Handl ing of the soil borrow material once unloaded from the transport vehicle , either at the point of use or stockpile area , is not a part of this specification section , but is included in other specification sections . C . Stockpile offsite soil borrow material only in stockpile areas approved by the Engineer/Owner. Minimize stockpiling of the material. The majority of the material will generally require transportation to the point of use as needed from the offsite source unless otherwise approved or requested by the Engineer/Owner. D. The maintenance of stockpiles including dressing of surfaces to be free draining is not a part of this specification section , but is included in other specification sections . E. It shall be the sole responsibility of the Contractor to see that soil borrow is transported from the source to the job site in appropriate vehicles which comply with all applicable codes , laws , and ordinances and which are acceptable to the Owner and Engineer for compatibility with conditions and existing facilities at the job site . An adequate number of vehicles will be used for transporting the soil borrow so as to prevent undue delays in the construction sequence . F . The Contractor shall have sole responsibility for control and cleanup of dust , mud, dirt, or other debris on streets or other areas as a result of his transporting operations . G . Methods of handling of soil borrow materials at the source including excavation , segregation , blending , wetting or drying , stockpiling, loading and other necessary handling shall be the sole responsibility of the Contractor . The Contractor shall comply with all applicable codes , laws , and ordinances . H. If the soil in place must meet appropriate moisture cr iteria , then the borrow site shall be irrigated prior to removal as needed to allow proper placement and porosity in place. Offsite Soil Borrow FTW94158C 02257-2 2 .00 PRODUCTS 2.01 MATERIALS Offsite soil borrow materials shall be classified into one (1) of the classifications listed herein . A. CLASS 1 THROUGH CLASS 12 EARTH FILL: Meet the requirements of specification Section 02255 , EARTH FILL CLASSIFICATIONS . 3.00 EXECUTION [NOT USED] Offsite Soil Borrow FTW94158C END OF SECTION 02257-3 02403 CARE OF WATER DURING CONSTRUCTION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials , equipment and incidentals , including pumps, piping and other facilities necessary to remove surface and groundwater as needed to perform the required project construction. B. Build and ma inta in the necessary temporary impounding works , channels , and divers ions. Remove the temporary works , equipment , and materials after they have served their purpose in strict accordance with this section of the specifi cations and the applicable drawing s . 1.02 SUBMITTALS Submittals shall be in accordance with Section 01300, SUBMITTAL$ and shall include : A. Plans and procedures for handling flood flows and dewatering excavations . Submit plans and procedures to Engineer for approval. B. Any construction modifications to the system shall also be submitted . 1.03 JOB CONDITIONS Approval of plans and procedures for handling flood flows and dewatering does not relieve the Contractor of full responsibility and liability for care of water during construction . 2.00 PRODUCTS [NOT USED] 3.00 EXECUTION 3 .01 FLOOD FLOWS AND OTHER WATER The Contractor shall be responsible for handling and diverting any flood flows , stream flows , or any other water , including groundwater encountered during the progress of the work . Build, maintain , and operate cofferdams , channels , flumes , sumps , and other temporary works needed to pass floodwater , divert stream flow , or pass other surface water through or around the construction site and away from construction in progress . Unless otherwise approved by the Engineer, a diversion must discharge into the same natural watercourse in which its headworks are located . Construct permanent work in areas free from water . The removal of protective works , after having served their purpose, shall be in a manner and timing satisfactory to the Engineer. 3 .02 DEWATERING EXCAVATED AND OTHER FOUNDATION AREAS A. The Contractor shall be responsible for dewatering foundations for all areas during construction of the works of improvement , including areas of required backfills . Lower the water table as needed to keep those areas free of standing water or excessive muddy conditions. B. Furnish the drains , sumps , casings , well points , and other equipment necessary to dewater areas for required construction work. Any dewatering method that causes a loss of fines from foundation areas will not be permitted . Keep available standby equipment to provide prope r Care of Water During Construction FTW94158C 02403-1 and continuous operation of the dewatering system . Provide continuous monitoring (24 hours per day) of the dewatering system to provide continuous operation . 3.03 CONTACT WITH CONTAMINATED MATERIALS Any water that comes in contact with contaminated materials must be treated in the on-site aqueous sludge treatment system . Care of Water During Construction FTW94158C END OF SECTION 02403-2 02497 GRASSING FOR EROSION CONTROL 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials , equipment and incidentals necessary to perform work in providing grass erosion control protection for the areas as indicated on the drawings or as modified by the Owner. The work includes developing and maintaining the grass source ; preparing the surfaces for grassing ; removing , hauling , and placing the grass at the locations indicated on the drawings; [re- grassing of grass sources); and ma intenance of the grass erosion control, until acceptance by the Owner. 1.02 DELIVERY AND STORAGE A. Furnish and deliver each variety of seed in separate bags or containers . B. Deliver fertilizer to the site in fully labeled original containers . Fertilizer which has been exposed to high humidity and moisture, has be come caked , or otherwise damaged , making it unsuitable for use , shall be rejected . 2.00 PRODUCTS 2 .01 MATERIALS A. BERMUDA GRASS SEED : Bermuda grass seed shall be from the previous seasons crop , labeled in accordance with the Texas Seed Law . The seed used shall conform to Item 164 .2 Standard Specification for Construction of Highways , Streets and Bridges , State Department of Highways and Public Transportation , latest edition . B. TOPSOIL: Topsoil shall be fertile loam topsoil , easily cul tivated , free from objectionable material and readily able to support the growth of grass erosion control. C . FERTILIZER 1. INITIAL PLANTING APPLICATION Fertilizer for the initial planting application shall be of an organic base containing by weight the following (or other approved) percentages of nutrients : 15-5-10 (N-P-K); also containing 10-15% sulphate and traces of iron and zinc . 2. POST PLANTING APPLICATION Fertilizer for the post planting application shall be a chemical base fertilizer containing by weight the following percentages of nutrients : 21-0-0 (N-P-K) ammonium sulphate; or the nitrogen equivalent of 33-0-0 ammonium nitrate . 3. In the event it is necessary to substitute a fertilizer of a different analysis , it shall be a pelleted or granulated fertilizer with a lower concentration . Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. D. STRAW OR HAY MULCH : Straw mulch shall be oat , wheat , or rice straw. Hay mulch shall be prairie grass , Bermuda grass, or other hay as approved by the Owner's representative . The mulch shall be free of Johnsongrass or other noxious weeds and foreign materials . Keep mulch in dry conditions and do not allow to mold or rot. Grass for Erosion Control FTW94158C 02497-1 2.02 MANUFACTURED PRODUCTS A. TACKING AGENT : The tacking agent may be asphalt emulsion or Terra Tack AR or Terra Tack II , as manufactured by Grass Growers, 424 Cottage Place, Plainfield, NJ , 07060, or an equivalent. 3.00 EXECUTION 3.01 PREPARATION A. PLANTING SEASON AND RATES Planting shall be done between the dates specified except as specifically authorized in writing. The pure live seed planted per acre shall be of the type specified with the mixture , rate , and planting dates as follows except as specifically indicated: Plantin Dates Name Rate Jan . 1 to Ma 15 Bermuda rass 10.0 lbs. 3.02 APPLICATION OF FERTILIZER Uniformly apply pelleted or granulated fertilizer over the area specified to be fertilized and in a manner directed for the particular item of work . Fertilizer shall be dry and in good physical condition . Fertilizer that is powdered or caked shall be rejected . Uniformly apply fertilizer at the average rate of 400 lbs . per acre . 3 .03 TOP SOIL Secure top soil from borrow sources as necessary to supplement material secured from required excavation . Use all excavated material suitable as top soil before any top soil is obtained from the borrow source . Stockpile top soil material secured from required excavation , and after completion of grading and paving operations , place top soil on areas to be seeded so as to provide a minimum 6" compacted depth of top soil measured normal to the surface . 3 .04 SEEDING A. After the designed areas have been completed to the lines , grades , and cross sections indicated and as provided for in other items of this contract, perform seeding in accordance with the requirements described hereinafter. Apply a minimum of 6" of topsoil to areas to be seeded . Sufficiently cultivate the seedbed to reduce the soil to a state of good tilth when the soil particles on the surface are small enough and lie closely enough together to prevent the seed from being covered too deep for optimum germination . Cultivation of seedbed shall not be required in loose sand where depth of sand is 4" or more. B . Uniformly distribute the seed or seed mixture in the quantity specified over the areas. If the sowing of seed is by hand, rather than by mechanical methods , sow the seed in two (2) directions at right angles to each other. If mechanical equipment is used , distribute the seed , as well as , the fertilizer at the same time, provided that each component is uniformly applied at the specified rate . When seed and fertilizer are to be distributed as a water slurry, apply the mixture to the areas to be seeded within 30 minutes after the components are placed in the equipment. C . Immediately after application of seed and fertilizer , thoroughly water the area. After the initial watering , water the areas as soon as drying of the surface is evident. Repeat watering at such intervals as necessary to maintain a moist condition of the soil until acceptance of the project. The watering shall be done in a manner which prevents excessive erosion of the soil. Grass for Erosion Control FTW94158C 02497-2 D. After planting , if mulch is not requ ired , roll the planted area with a corrugated roller of the "Cultipacker" type . Perform rolling of the slope areas on the contour . If mulch is required , then proceed in accordance with the type of mulch specified as follows : 1. STRAW OR HAY MULCH SEEDING Upon completion of planting of the seed , uniformly spread mulch over the seeded area at the rate of approximately 1-1/2 to 2 tons of hay or 2 to 2-1/2 tons of straw per acre . Equip the mulching machine to inject a tacking agent into the straw or hay uniformly as it leaves the equipment at a rate of 0 .05 to 0 .10 gallon of tack ing agent per square yard of mulched area . If the straw or hay tacking agent is placed by hand , then the rate of application for the tacking agent shall be approximately 0 .15 gallons per square yard. 3.05 MAINTENANCE Maintain the grassed areas until final acceptance of the project. Maintenance includes, but is not limited to , fertil izer , weed control, watering , and mowing . Fertilize and weed control when necessary or at least three (3) times annually . Water and mow areas when necessary except maintain a grass height less than 6". 3.06 FIELD QUALITY CONTROL Final acceptance of the grassing shall be made only during the growing season after the work is completed . The grass growth on acceptance must not be over 6" high and have a minimum coverage of 80 % healthy, green , relatively weed-free grass . Maintain the grass during the entire time since grass placement. Upon final acceptance of the completed structure, the Owner will assume responsibility for watering and maintenance of the slopes . Grass for Erosion Control FTW94158C END OF SECTION 02497-3 02831 CHAIN LINK FENCE AND GATES 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment , and incidentals necessary to install chain link fencing as specified herein . Chain link fencing shall include vehicle gates . B. The fence shall have a fabric height as shown on the plans . 1.02 QUALITY ASSURANCE A . The manufacturer shall be a company engaged in the manufacturing of chain link fencing and shall be in compliance with the Chain Link Fence Manufacturer's Institute (CLFMI). B. The chain link fencing shall be Standard Industrial grade and shall meet the requirements of that grade , according to the CLFMI "PRODUCT MANUAL". 1.03 SUBMITTALS Submittals shall include : A. Manufacturer's product data sheets and specifications B. Certification for materials and coatings C. Shop drawings showing material sizes and weights , fencing heights mounting details, gates and operators 1.04 STANDARDS The applicable provisions of the following references and standards shall apply as if written herein in their entirety : A. American Society for Testing and Materials (ASTM) Standard ASTM A53 ASTM A123 ASTM A392 ASTM A491 ASTM A570 ASTM A585 ASTM A817 ASTM A824 ASTM F567 ASTM F626 ASTM F688 ASTM F900 ASTM F1083 ASTM F1184 Pipe, Steel , Black and Hot-Dipped Z inc Coated , Welded and Seamless Zinc (Hot Galvanized) Coatings on Products , Fabricated from Rolled, Pressed and Forged Steel Shapes , Plates , Bars and Strip Zinc Coated Steel Chain Link Fabric Aluminum-Coated Steel Chain Link Fence Fabric Hot Rolled Sheet and Strip, Structural Quality Aluminum-Coated Steel Barbed Wire Standard Specifications For Metallic-Coated Steel Wire For Chain Link Fence Fabric Metallic-Coated Steel Marcelled Tension Wire Installation of Chain Link Fence Fence Fittings Polyvinyl Chloride (PVC) Coated Steel Chain Link Fence Fabric Industrial and Commercial Swing Gates Pipe , Steel, Hot-Dipped Zinc Coated (Galvanized) Welded , for Fence Structures Industrial and Commercial Horizontal Slide Gates B. Chain Link Fence Manufacturers Institute (CLFMI) Chain Link Fences and Gates 02831-1 FTW94158C CLF2445 Product Manual 1.05 DELIVERY AND STORAGE Products shall be stored at the site on wood platforms raised above the surrounding grade, and covered with weather-resistant coverings. 1.06 JOB CONDITIONS A . Contractor shall visit the site and determine the conditions which must be taken into consideration in the installation of the fencing . Report any condition which could affect the quality of installation. B. Ascertain soil condition at the site and provide drilling equipment suitable for boring to the required depth . 1.07 GUARANTEE Products furnished in this section shall be guaranteed in writing by the manufacturer's standard warranty in addition to Contractor's one year warranty. 2.00 PRODUCTS 2.01 MATERIAL A. CHAIN LINK FABRIC : 9 gauge galvanized steel wire fabric , Class I, having a coating weight of 1.2 oz per cubic feet, and a 2" mesh . Top edge of mesh shall have selvage edge and bottom of fabric shall be twisted . B. TOP RAIL: 1.625" O .D. galvani zed pipe , weighing not less than 2.27 pounds per foot , with outside sleeve-type couplings at least 7" long . C. LINE POSTS: For 6'-0" and less heights , line post shall be 2.375-inch galvanized steel round pipe. Spacing not to exceed 10'-0". Fabric shall be tied to columns with 6 gauge galvan ized clips on 14" centers and to pipe with 11 ga galvanized steel tie wire. D. TERMINAL POSTS : For fences having a fabric height under 6'-0", the ends and corners pull posts shall be 2 .875" O.D . galvanized pipe. Posts shall be equipped with 1/4" x 3/4 " tension bars, 121 gauge x 1" wide tension bands , and 3/8" carriage bolts , bands on approximately 14" centers . E. GATE POSTS : Posts for gate 6'-0" to 13'-0" shall be 4" O .D. weigh ing not less than 9.10 lbs/ft . Posts for gates over 13'-0" shall be 6 .625" O.D . weighing not less than 18.97 lbs/If. F. WIRE TIES : 9 gauge galvanized steel. G. POST TOPS : Pressed steel or malleable iron, galvanized. Top posts shall be designed to permit passage of the top rail. H. STRETCHER BARS : One piece galvanized steel having a minimum size of 1/4" x 3/4 ". I. STRETCHER BAR BANDS : Galvanized steel. Tension bars shall be formed from flat or beveled steel and shall have a minimum thickness after galvanizing of 0.078 inch by 3/4 inch for posts 4" 0 .0 . or less , and 0.1.8 inch by 7/8 inch for posts larger than 4" O.D . J . BOLTS : 5/16" x 1-1/4" galvanized steel carriage bolts with nuts, or other appropriate fasteners according to the application . K. STRUCTURAL AND MISCELLANEOUS STEEL: Rolled steel shapes conforming to ASTM A36 , galvanized according to ASTM A 123. Chain Link Fences and Gates FTW94158C 02831-2 L. GATE FRAMES : Gates having a height under 6'-0" and width under 8'-0" shall be fabricated of 1 .66 0.0. pipe , weighing not less than 1.806 lbs/ft. Gates having a height over 6'-0" or a width exceeding 8'-0" shall be fabr icated of 2.0" 0.0. pipe . 2 .02 CONCRETE Concrete used for setting posts and other accessories shall be Class B Concrete and obtain a minimum strength at 28 days of 3000 ps i. 2 .03 GATE HARDWARE A. Hinges shall be pressed steel or malleable iron with galvanized finish. Hinges shall be of size to suit the gate size and shall be offset to permit 100 degree gate swing . Provide a minimum of one pair of hinges for every personnel gate and 1-1 /2 pair for each vehicle gate leaf. B . Forked gate latch shall be pressed steel with galvanized finish and shall engage the vertical post of the adjacent gate leaf. The latch shall have provisions for a pad-lock as an integral part of the latch. C . Gate keepers shall be a spring-loaded type which automatically engages the gate as the gate leaf passes over the latch and requires a manual release to disengage the keeper . [Gate keepers shall be galvanized steel rods and shall be attached to the vertical post of the outside of each gate leaf. Provide a holder which holds the keeper in the upper position while the gate is being opened. 2 .04 GATE FABRICATION A. Provide swinging type vehicle gates as indicated on the drawings . Vehicle gates shall be double swing, manually operated type. If fences are specified to have barbed security wire , the gates shall also have barbed security wiring . Swinging gates shall conform to ASTM F900. B. Larger swinging gates shall be fabricated using all welded frames . C . Vehicle gate frames shall be constructed of tubular steel members welded at all corners . Gates shall have 5/16" nominal diameter truss rods tightened to prevent sag. Gate leaves shall have vertical intermediate members as required , spaced so that no member is more than 8 ft apart . Gate leaves 10 ft or larger shall have a horizontal brace or 5/16" min imum diagonal truss rod . Gate fabric shall be the same as specified for the fence construction . Fabric shall be securely attached to the gate frame at intervals not exceeding 15". D . Gate hinges shall be of adequate strength with large bearing surfaces for clamping in position . The hinges shall not twist or turn under the action of the gate . E. Gate latches, stops and keepers shall be provided for all gates . Latches shall have a plunger- bar arranged to engage the center stop , except that for single gates of openings less than 10 ft wide a forked latch may be provided . Latches shall be arranged for locking . Center stops shall consist of a device arranged to be set in concrete and to engage a plunger bar of the latch of double gates . F . Gate posts shall be galvanized steel pipe , as follows : GATE POST SIZES Gate leaf Width 6 ft or less 6 ft to 12 ft 12 ft to 19 ft 19 ft to 23 ft 23 ft to 30 ft Chain Link Fences and Gates FTW94158C Post Size 2-1 /2" square tubing 4" 0.0. Schedule 40 6-5/8" 0.0 . Schedule 40 8-5/8" 0.0 . Schedule 40 10-3/4" 0.0 . Schedule 40 02831-3 3.00 EXECUTION 3.01 PREPARATION Accurate locate borings for setting posts . Intermediate posts shall be spaced at even spacings between terminal or gate posts. 3.02 INSTALLATION A. The gates shall be installed by skilled and experienced fence erectors and on level grades . Set line posts in concrete piers having a minimum size of 9" in diameter and 42" deep . Gate posts shall be set in concrete a minimum of 16" in diameter and 48" deep . The complete fence shall discourage tampering with connections and ends shall be secured to prevent easy removal or disconnecting. B. Post braces shall be provided for each gate , corner, pull , and end post for use when top rail is omitted or with fabric 6 feet or more in height, and shall consist of a round tubular brace extending to each adjacent line post at approximately mid-height of the fabric, and a truss consisting of a rod not less than 5/16" nominal diameter from the line post back to the gate , corner, pull , or end post, with a turnbuckle or other equivalent provision for adjustment. Truss rods may be eliminated in any line of fence where there is a continuous center rail. C. Post tops shall consist of combinations tops with barbed wire supporting arms . Top shall be provided with a hole suitable for the through passage of the top rail. The post tops shall fit over the outside of posts and shall exclude moisture from posts . D. Top rails shall be in lengths not less than 18 feet , and shall be fitted with couplings or swedged for connecting the lengths into a continuance run . The couplings shall be not less than 6 inches long, with .070 minimum wall thickness, and shall allow for expansion and contraction of the rail. Suitable ties or clips shall be provided in sufficient number for attaching the fabric securely to the top rail at intervals not exceeding 24". E. Ties or clips shall be provided for attaching the fabric to all line posts at intervals not exceeding 15"; and not exceeding 24" when attaching fabric to top rail or tension wire . F. Provide one tension bar for each end and gate post, and two for each corner and pull post. Bands or clips of galvanized steel shall be provided in for attaching the fabric and stretcher bars to all terminal posts not exceeding 15". 3.03 FIELD QUALITY CONTROL A. Gate posts shall be accurately located to within 2". B. Intermediate posts shall not deviate from perfect alignment in a run by more than 1/2". C. Spacings between intermediate posts between corner and terminal post shall not exceed 3". 3.04 CLEAN AND ADJUST Adjust all gates to permit free and easy openings without binding. Chain Link Fences and Gates FTW94158C END OF SECTION 02831-4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/8/2008 DA TE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RATES SUBJECT: REFERENCE NO.: **G-16190 Adopt 2008 Prevailing Wage Rates for City-Awarded Public-Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City-awarded public works projects . DISCUSSION: Texas Government Code Chapter 2258 requ ires that a public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract , and shall specify In the bid documents and in the cont ract the prevailing wage rates in that locality. Each year The Quoin Chapter of the Associated General Contractors , in conjunction with the Association of Builders and Contractors (ABC) and the American Sub-Contractors Association (ASA), conducts a wage rate survey for North Texas construction . The attached 2008 Prevailing Wage Rate data was compiled from that survey. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds . JO Fund/Account/Centers Submitted for City Manager's Office b_y,;_ Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers _________ _,_, __ _ Fernando Costa (8476) A. Douglas Rademaker (6157) Eric Bundy (7598) HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Ooerator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Paving Con crete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell , Backhoe, Derrick, Dragline, Shovel Operator Electrician Flae:e:er Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Gr ade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Ooerator Pipe layer Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Pronelled Roller Operator, Steel Wheel , Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy-Float Truck Driver, Single Axle, Heavy Truck Driver, Single Axle, Light Truck Driver, Tandem Axle, Semi-Trailer Truck Driver, Transit-Mix Wagon Drill , Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10 .06 $13.99 $12.78 $11.01 $ 8.80 $14 .15 $ 9 .88 $13 .22 $12.80 $12.85 $13 .27 $12.00 I $13,63 $12.50 $13.56 $14.50 $10.61 $14.12 $18.12 $ 8.43 $1 1.63 $1 1.83 $13.67 $ l 6.30 $12.62 $ 9.18 $10.65 $16 .97 $ l 1.83 $ l 1.58 $15.20 $14.50 $14.98 $13 .17 $10.04 $11.04 $14.86 $16.29 $11.07 $10 .92 $11.28 $11.42 $12.32 $12.33 $10.92 $12.60 $12.91 $12.03 $14.93 $11.47 $10.91 $11.75 $12 .08 $14 .00 $13 .57 $!0.09 Classification AC Mechanic AC Mechanic Helper Aco us tical Ceiling Mechanic Bricklayer/Stone Mason Bricklaye r /Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electronic Technician Electronic Technician Helper Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Painter Helper Pipefitter Pipefitter Helper Plasterer Plasterer Helper 20 08 PREVAILIN G WAG E RATES CONSTRUCTION INDUSTRY Hrly Rate Classification $21 .69 Plumber $12.00 Plumber Helper $15.24 Reinforcing Steel Set ter $19.12 Roofer $10.10 Roofer Helper $16.23 Sheet Metal Worker $11.91 Sheet Metal Worke r Helper $13.49 Sprinkler System Installer $13.12 Sprinkler System Installer Helper $14.62 Steel Worker Structural $10.91 Concrete Pump Crane , Clamsheel , Backhoe, Derrick, D'Line $13 .00 Shovel $9.00 Forklift $20.20 Front End Loader $14.43 Truck Driver $19 .86 We lder $12.00 Welder Helper $20.00 $13 .00 $18 .00 $13 .00 $14.78 $11.25 $10 .27 $13 .18 $1 6 .10 $14.83 $8 .00 $18 .85 $12 .83 $17.25 $12 .25 Hrly Rate $20.43 $14.90 $10.00 $14.00 $10.00 $16 .96 $12.31 $18 .00 $9 .00 $17.43 $20.50 $17.76 $12 .63 $10.50 $14.91 $16.06 $9.75 - - - 6. Technical Specifications r� C IT� CJ F�� R.T V�O RT]E-II� 'I'E�AS . _ _ : ,_ � � � . �► � � 1 i 1 �.. .... � . . . .,..,., , <..,........ . , .� . � .,, _ � : , �., �. ; ,:.„ , , . ��.. . .. .: � ,. _.:. i.:. . ..:�.: < :. , , c >,. .,..: , ' ' ' �.:,: . '. �.. . `.... ' .. , � , r„�.; , �.... �'� .. ':._. ; ,, ;. ' ,:. ",.. � � � Cf.1NSTRUCTI�N PLANS F(�R , � . � .: � ��� � �� � ` � ` . � . Y :_ � �. � _ � . � �► �� � � . : �; : � �_ � P � � a � � �� . _ � . � � .w � y � � � �. i � ! � . � � ' Z 5 a � � 0 � W � 0 � J Q i � / K .. W (n F-F- W �1 �d no °/o '-�o .. 3 v�� z �; ��� 0 ,N � �wa vw _�o,m W�� � .. p �L'?� 'U "> .. � W J O^� � �UU _�NZ ey �w m; c 3 ..w i�o� \ DAi..E A. FISSELER, P.E. CITY MANAGER �.NDY CRO1`�TBERCa, ]P.E. ASSISTANT CITY MANAG-ER �� ��111CF�tiLS 4G55 Internationol Piaza, Suite 200 Fort Worth, Tezos 76109-4B95 Phon= - (817) 735-7300 Fas - (857} 735-7497 FTW94158C Frcesa and Nlchols, Inc. iexos Reg�stered Enqineering FFrm F-2744 MIi�E M(�1'�C�tIEF MAYOR S. 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U � r-.N�i �E.:a c� w r., � � - n �' o'? : vUrj� � ` 0 �U. wNal� ���t� n Q1 43` v. ���� _ Date: Aor 20. 2071 - 3:34om Usec nh6 � � ��File: N:\wr\DIGESTER 11'�W-PH2-0T-WiWWO1.DK'G AMS (7" - 24" IN HEIGHT) :ONCRETE COVER 5" THiCK REINFORCED CONCRETE RQOF 12" REINrORCED CONCRETE WALL PIER � � � � u E o tv.�q `4. _ cc }y�ya{� � _ `'s . w, �%� � - x o�a +,� - � w:� wSsE '1��` •D"eOy.`�/ W^. ' e9]U.�/�. Y��. };�� ���y�� 8' �` � i � � TRUSS SYSTEM � �` v �---- a_' � ;� ,`�---- ��� �� � � od � ��q� z� i'z� z z� z z � 24. �, - _ ___ i-!Z� � 7" I—BEAM � 5" REINFORCED SOl€ CONCRETE ROOf � SLUDGE----� �� _ —,%�-- SECTION ,� CONCRETE ROOF (/DIGESTERS # 1 — #�3) (iYP� .J�. NOT TO SCALE ` NOTES: t. TRU55 SYSTE(N SHALL BE REMOVED, DISMANTLED AND TAKEN TO AN APPROVED ME7ALS RECYCLWG FACILI7Y. 2. 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Q -i �(7 :UOAm Ap rn�r-tn r n n j m �A rZx m -+ zr�-�° �m ��O rn �O DD� �O C�Z �� C�m Q� �y> r�Ttp *r �� Zz c�m o0 Can D p � Z A� y� y � A � � A Q 4� p0 C7� p= �a mr m'� D � m �o �m D �'_ m � �" o � � m m 0 �� O � � � �z n � n � m —m-I fTl � � � � O � ,—,. Q � � � '--� m � � �: -�. � �r R V` \+..s" ��'^� � � ^..�.�' O N Z � C7 S � n H � m z � r� OZ '� O 6C r�f � 1 0 A 0 " ` � ��__�__ ES��A �42Qeo DIGESTER .SL►JD EMOVAL TR.E . . . ��, T �� �u�,��:� cirr aFG� R R., � E'r 0.41c (kN Jp8 N0. �� '� ' ATMENT � � � � FREESE E pa� AND DISP4SAL PROJECT �'1�<NICHOLS � LLJ LL � OFAWN �A� �I�I� i055wlntarnational Plaza, S�ita 200 � REYSC➢ � `�M � fort Worth, Texus 761D9-4095 VERIFY SCALE �a� �, o�e ineY; ur �r, :��� �„E�K� RIVERSIDE WASTEWATER TREATMENT P�,ANT � Pn�^• -�e,» »5-�3°° F1LE NAUE b� Fax -(917) 7J5-7491 �' 1r;°�':;'��E,�,', ,�;,�°;"`5��,��' c`� CV-PH2-DT-WTWW02.DWG CONCRETE ROOF — DIGESTERS 4& 5 � ....... ... . .. Freesa ana Nicnols, inc. Te.oa Reqisteretl Enginaering Frm i-2744 �, ' �7 ��``U� iN r �' � � I � NYi�BOSECKER�* r v•� �,�' ��•� ��&OtS� � . � '�,1 y��*C}d7A �};,� � ������ ,� COFAPOSIT(Ot ,- r&c sr�eeriNc PLAN VIEW s � FLOATING METAL ROOF {DIGESTER �6 - �8} (TYP) a �, NOT TO SCAIE i- � g 0 0 �o � O Q O � o �r N �� 2 ,� •'- aNr� I�� (�.1 _ /^ c W vl I ~ J � W N L c�a� mg � m3o� m�f = ��N2 ��. 0 v i .-. � E v. s�i w p. � a• W �-- � p / LL N �p�j rl. --� ky ., `Y_� � Y" t �m,:, �� �.. sar-' �� 03 �>�v. a":, :,. Dote: Anr 20, ZOit - 3:34om User. npb F�e: N:\wr\DiGESTER il\CV-PH2-DT-WiW�YG3.OWG �� �� � EL TRUSS MEMBERS �� 7g._�� "� 1 z�1" o.�. ri/i$ RIPE HOUSWG COMPOSRION ROOF � dIGESTER WAIL �i � � i �� � �k��"�-`'_ `��� �-� �� �� %�-�.-`-`���_ h�f�� ,� � ���� � ; � �3" CLEARANCE �TRUSS SYSTEM _ +-- -�* _ �` _ SECTION �''z'� FLOATING METAL ROOF (DIGESTER �6 — �8� (TYP} � NOT TO SCA�E NOTES: 1. METAI SYSTEM AND ALL EXPOSED METAI NOT IN CONTACT WITH SLUDGE SHAtL BE REMOVED, OISMANTIEO AND TAKEN TO AN APPRpVED METALS RECYCLING FACILIiY. 2. ALL WOOD, SHlNG�ES AND OTHER ROOFlNG MATERIAIS NOT IN CONTACT WITH SLUDGE SHALL BE TAKEN TO CSC DISPOSAI. FACIUiY AND DISPOSED OF AS A �-7�ftA RFGtJtATf� WASTE. 3. ANY METAL OR OTNER MATERIALS THAT HAVE BEEN IN CpNTACT Wt7H THE SLUDGE SHALL BE DiSPOSED OF WiTH THE SLUDGE. < � u E i �e. a `2" ^�'n �� ry �� �m W+� s ' � �� _��w �� �tlkf � v � i 0 -3 p i rwaW F- Oa G� Q � V"'� � CO � � � W� ZW a� � � � w Q � W C� �O � � 0. o� -� � I � W Q =' li ����H� o� O � O OQ � l.t.l � � J � (I} Q �� �� (L Q � W Q � � w � Z � �� � } J �� � U O S� 's � m +.� � O� U U O O �N �.j o o m c] � � Qo � 3 � � o o � � � 0 i � i � � I � U � oU .._.._...,�.....�_- C �� � E �`U � � � FJ U { � U a —cca � �� �{c� `o�t n] �a,. 4 [1 � � I � I I I t6 SHEET � SEG. � �' A- SEMI-SOLID SLUDGE e =r � (FLOATABLE IAYER} � , � AQUEOUS LAYER � (W/SUSPENDED SOLIDS) �n � i w � SEMI-SOLlD SLUDGE Q '- (VISCOUS LAYEft) > DIGESTER SLUDGE � cRoss s�cTioN �rYP� �, NOT TO SCALE 1 PUMP �lQUIDS FROM OIGESTERS �- 61GESTER WALL �`F NQTES: 1. LIQUIQS SHALL 8E REMOVED FROM THE AQUE�US LAYER PER SPECIRCA710N SECTIdN 02218-DIGESTER SLUDGE. 2. SLUDGE SNALL BE M1XED WITH FLYASH AND DISPOSED OF PER SPECIFICATION SECTION 022t8-DIGESTER SLUDGE. 2 ADD TREATMENT GHEMfCALS M!X � PRE-TREATMENT PROCESSjSETTLING . , PAC FERRIC POLYMER � � \ 1/ s # a � j piGESTER �RAC - 0 o � 3 0 U ��C ao,�: �av lo= N _� c QN�y » �:- U r- / Q' W N I w�� c�a, Z � o ` - FRAC ��o III STATIC M�XER Z ,� I _��.: o . U q t w a; DIGESTER � w � �-ry ��,nf � � U � N � � � , �p� i- �`U "� :, o� LL �U. �,N=:``. ��r ��.� a'�cn Oate: Aor 20. ZOt� - 3:33cm User. nb6 File: N:\wr\aIGESTER II\CV-PH2-6T-PROC.DWG � RE-TREA7 LIOUlDS UQUIdS TREATMENT TANK � � 4 �ILTRATION PROCESS FRAC� --+�- FtLTER ��p� FILTER fRAC —•- FRAC 5 HOLOING TANK� r�sT � SAMPLES PROFILE VIEW LIQUIDS TREATMENT iANK ,r^.�'� � l_.�_J � � � FILTEI� - FRAC f - DISPOSAL /RETREAT � W � � - SS�iH PASS TEST /`� "�. - $$�,1H J' _ _ _ , _, � � ;�y � c� � `��YYli4'y��`-_--,�m Z� 4�4y`�Ljk•t�,�•b�� �Y'�e •6i �y2�r _ i' � t�%Y �� , �� n , W��' � on-- �� a� i � . {i� aw�^.� � _�,m c3nLL � z a W J � a ¢ �-- � � � W �o � J � � �_: �Q o W �; i 0 � a- � F— ; � Z: W ���>W� � ��QQ U- W � � W �Q Q � �: � J � Q �� � W Q �-`� C� � a J- W � � W Lp � � - U 0 '� `�' $ m °0 o c�i c`�.� � c� �n o 3 d m c� � � � Q � w � - - �� — o � j r = � ` a � � i � � 9 �4 ��j ui �LU ��� o�, r GT =c� �• - `o � °Y �,� � i oor m�`. w" a � � � � I >a SHE�T � <.E:� � 7. Contracts, Bonds and Insurance SOUTHWEST ASSURANCE GROUP, INC. A member of K & S Group, Inc. 12201 Merit Dr., Suite 795 Dallas TX 75251 RECENT CHANGES TO CERTIFICATES OF INSURANCE Due to recent legislation regarding the issuance of Certificates of Insurance and changes to the ACORD Certificate we will no longer be able to amend the Description of Operations (DOO) box to include any policy language such as Additional Insured (AI), Waiver of Subrogation (WOS), Primary-Noncontributory status or notice of cancellation information. There are check boxes next to each line of coverage that can be check if AI or WOS status is requested. In lieu of amending the Description of Operations Sections of the ACORD Certificate we can provide a copy of the endorsement(s), as requested. The endorsement(s) represent the actual policy wording. Email: Phone: Fax: sowston@southwestassurance.com 214-691-5721 X-105 214-691-4961 Named Insured: AUI Contractors, LLC Term: 9/1/2010 -9/1/2011 POLICY NUMBER: GL 091-96-57 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsem0nt modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organizat i on: ANY PERSON OR ORGANIZATION REQUIRING A WAIVER OF TRANSFE.R OF RIGHTS OF RECOVERY PURSUANT TO THE TERMS OF ANY CONTRACT OR AGREEMENT YOU ENTER INTO WITH SUCH PERSON OR ORGANIZATION. (If no entry appeclrs above, information required to complete this endorsement will be shown in the Declarations as applicabl e to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the followlng: . We waive any right of recovery we may have against the person or organiza tion shown in the Schedule above because of payments we make for injury or damage arisin~ out of your ongoing operations or "yoLtr work" done under a contract with that person or organization and inc lud ed in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 D Named Insured: AUI Contractors, LLC Term: 9/1/2010 -9/1/2011 POLICY NUMBER: GL 091-96-57 COMMERCIAL GENl:RAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART surveying services, including: a. The proparing, approving, or failing to prepare or app rove, maps, shop draw- ings, opinions, re ports, surveys, field orders, change orders or drawings and s pacifications ; or A. Sect ion II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an b. Supervisory, inspection, architectural or additional insured only with respect to liability engineering activities. for "bodily Injury", "property damage" or 2. "Bod ily injury" or "property damage" occur- "personal 1rnd advertising injury" caused , in ring after: whole or in part, by: a. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with 2. The acts o r omissions of those acting on such worl<, on the project (other than your behalf; service, maintenance or rapalrs) to be per formed by or on behalf of the additional in the performance of your ongoing operations insured(s) at the location of the covered for the additiona l insured. ~ operations has been completed; or A person's or organization's st~-as an b. That portion of "your work '' out of which additional insured under this endorsemen t ends the in jury or damage arises has be en put when yoL1r operations for that additional Ins t! ~d to its intended use by any person or are completed. ~ organization other than another con- 8. With. respe~t to the insurance ciff?rded to .t.hese tract?r or subc.ontractor eng~g~d in per- addi tional insureds, the followmg add1t1onal forming operations for a principal as a exclusions apply: ~ part of the same project. This insuran ce does not apply to: ~ . 1. "Bodi ly inju ry", "property damage" or "' "personal an d advertis ing injury " arising out ,..__ of the rendering of, or the failure to render, C+,;c:c ,,;,,~ cv:·;· '1T1r·-.r r- any professional architectural, engine ering or CG ·20 33 07 04 © ISO Propertie s, lnc.,2004 Page 1 of 1 D Named Insured: AUI Contractors, LLc Term: 9/1/2010 -9/1/2011 POLICY NUMBER: GL 091 ~96-57 COMMERCIAL GENERAL L.IABIUTY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS~ COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: --·· COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE -· Name Of Additional Insured Person(s) ·- Or Organlzatlon(s): Location And Descrl[!tlon Of Completed O[!eratlons AS REQUIRED PER WRITTEN CONTRACT AS REQUIRED PER WRITTEN CONTRACT _ _..., ___ -- Information required to complete this Schedule, if not shown above, will be shown in the Declarations . ~-- Section II -Who Is An Insured is amended to include as ,in additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location ' ·~ designated and described in the schedule of this endorsement performed for that additional insured and included In the "products-completed operations hazard ." Your ,·v o1k in aclc ii t!or. to "o r,":nng wo1k°'. CG 20 37 07 04 © ISO Properties, lnc.,2004 Page 1 of 1 D ENDORSEMENT This endorsement, effective 12:01 A.M. 09/01/2009 forms a part of policy No. G L 091-96-57 issued to AU I CONTRACTORS, l NC. by 1LL1N01S NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABILITY COVERAGE FORM The following paragraph is added to SECTION II -WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products-completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other sim ila r insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. Afl other ter ms and conditions of the policy are the same. 90533 (3/06) ??A thorized R;p-resentative or Countersignature (in States Where Applicable) Page 1 of 1 Named Insured: AU! Contractors, LLC Term: 9/1/2010 -9/1/2011 POLICY NUMBER: GL 091-96-57 COMMERCIAL GENERAL LIABILITY CG 24 17 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY -RAILROADS Thi s endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ---·----------- Scheduled Railroad : Designated Job Site: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ,) With respect to operations performed for, or affecting, a Scheduled R11iiroad at a Designated Job Site, the definition of "insured contract" in the Definitions section is replaced by tha following: 9 . "Insured Contract" means: a. A contract for a lease of premises. Howover, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to yo u or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrnck agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part ot any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liab ility means a liability that would be imposed by law in the absence of any con- tract or agreement. Paragraph f. does not include that part of any contract or agreement: ( 1 l That indemnifies an architect, engineer or swveyor for Injury or damage arising out of: (a) Preparing, approving or failing to pre- pare or approve maps, shop drawings , opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or foiling to give them, if that Is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in Paragraph ( 1) above and supervisory, in - spection, architectural or engineering ac - tivities. CG 24 17 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 O ( ( Named Insured: AUI Contractors, LLC Term: 9/1/2010 -9/1/2011 ENDORSEMENT This endorsement, effective 12:01 A.M. 9/1/2010 forms a part of policy No. GL 091-96-57 issued to AU I CONTRACTORS, I NC. by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY , AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided tmder the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Yom policy is amended to include either a Par Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: · [Xl Per Project General Aggregate Limit [ ] Per Location General Aggregate Limit [ ) Per Project and Per Location General Aggregate Limit $ 2,000,000 $ $ IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IJ. SECTION Ill • LIMITS OF INSURANCE , is amended to include the following: 1 . The Limits of Insurance and the rules below fix the most we will pay regardless of th e number of: a. Insureds; b. Claims made or "suits" brought; or c , Persons or organizations making claim s or bringing "suits". 2 . TliGGeneral Aggrogata L1m1t 1s the mostwew1JI payforthe sL1m of: a . Medical expenses under Coverage C; b , Damages under Coverage A, except damages becaus0 of "bodily injury" or "property damage II included in the prodticts-completed operations hazard 11 ; and o. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5 . Subject to 2. or 3. above, whichever app lies, the Each Occurrence Lirnit is the most we will pay for the sum of: a. Damages Linder Coverage A; and b. Medical expenses under Coveraga C 86681 (9/04) Page 1 of 2 because of all "bodily Injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we w ill pay ( under Coverage A because of "property damage" to any one premi s es, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7 . Subject to 6. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Sub ject to 2 ., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sL/111 of: a. Damages under Coverage A; b. Damages under Coverage B; and o. Medical Expenses under Coverage C arising out of any single Project described above. 9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c, Medical expenses under Coverage C arising out of the any single Location described above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Ill. The Limits of Insurance shown in the Declarations are deleted In their entirety and replaced by the Limits of Insurance set forth below. General Aggregate l.imit Uinits of Insurance $ 15,000,000 ---EacnOccurrenceTimlr -· ··· ---------··· ·· $ ·· · l, 000 1 000 ... -.. ·---.. --·-·---·-·-... $ 2,000,000 Products-Completed Operations Aggregate Limit Personal & Advertising Injury Limit Damage to Premises Rented to You Medical Expense Limit Per Project General Aggregate Limit, Per Location General Aggregate Limit or Per Project and Per Location General Aggregate Limit $ ] ,QQQ I QQQ $ 300,000 $ 10,000 $ 2,000,000 IV. SECTION V -DEFINITIONS, is amended to include the following: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. All other terms and conditions of this policy remain the same. 86681 (9/04) L °'.>t<..>4-tt ./l......_he;\:----- ~or1zed R;lfresentatlve or Countersl9noture (in States Where Applicable) Page 2 of 2 ( ( \ ( Named Insured: AUi Contractors, LLC Term: 9/1/2010 -9/1/2011 POLICY NUMBER: GL COMMERCIAL GENERAL LIABILITY CG 24 17 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. CONTRACTUAL LIABILITY -RAILROADS This endorsement modifies insura11ce provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ,-----·· Scheduled Railroad: Designated Job Site: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, a Scheduled Ra ilro ad at a Designated Job Site, the definition of "insured contract" in the Definitions section is replaced by the following: 9. "Insur ed Contract" means: a. A contract for a leas e of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission ot' the owner is not an "insured contract"; · b. Asidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a 1m111icipality, except in connection with work for a municipality; e . An elevator maintenance agreoment; f . That part of any other contract or agreement pertaining to your business (inc luding an In- demnification of a municipality ln connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily Injury" or "property damage" to a third person or organization . Tort liability means a liability that would be imposed by law in the absence of any con- tract or agreement. Paragraph f. does not include that part of any contract or agreement: ( 1 l That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (al Prnpar in g, approving or failing to pre- parn or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (bl Giving directions or instructions, or failing to give them, if that is the .......... J~rin,ar_y_fil1 _Ljse of the injury or. tjamag~;--·-·---- (2) Under which the insured, If an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in Paragraph ( 1) above and supervisory, in- spection, architectural or engineering ac- tivities. CG24171001 ©JSO Properties, Inc., 2000 Page 1 of 1 D Named Insured: AUI Contractors, Llc Term: 9/1/2010 to 9/1/2011 POLICY NUMBER: GL COMMERCIAL GENERAL LIABILITY CG 24 27 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. LIMITED CONTRACTUAL LIABILITY -RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDUL~ Scheduled Railroad: AS REQUIRED BY WRITTEN CONTRACT Designated Job Site: information required to complete this Schedule, if not shown above, will be shown in the Declaratlons. With respect to operations performed for, or affect· part, by you or those acting on you r behalf. ing, a Scheduled Railroad at a Designated Job Site, Tort liability means a liability that would be ( the definition of "insured contract" in the Definl· imposed by Jaw In the absence of any con- tfons Section is replaced by the following: tract or agreement. 9. "Insured Contract" means: Paragraph f. does not include that pmt of a. A contract for a lease of premises. However, any contract or agreement: that portion of the contract for a lease of ( 1) That indemnifies an architect, engineer premises that indemnifies any person or or-or surveyor for injury or damage arising ganization for damage by fire to premises out of: while rented to you or temporarily occupied (a) Preparing, approving or failing to pre - by you with permission of the owner is not para or approve maps, shop draw- ________________________ an _''.in s.ur:ed _contr.act.'.'..;. _________________ in-gs-;-opi ntons--;-rep-orts--;-surveys--;-fier/d1------1- ( b. A sidetrack agreement; orders, change orders or drawings c. Any easement or license agreement; and specifications; or d. An obligation, as required by ordinance, to (b) Giving directions or instructions, or indemnify a municipality, except in connec-failing to give them, if that is the pri- tion with work for a municipality; mary cause of the injury or damage; a. An elevator maintenance agreement; {2) Under which the insured, if an architect,, engineer or surveyor, assumes liability f. That part of any other contract or agreement for an injury or damage arising out of the pertaining to your business (including an in-insured's rendering or foilure to render demnification of a municipality in connection professional services, including those with work performed for a municipality) un-listed in Paragraph ( 1) above and super- der which you assume the tort liability of visory, inspection, architectural 01· engi- another party to pay for "bodily injury" or nearing <1ctivities. "property damafJe" to a third person or or- ganization, provided the "bodily injury" or "property damage" is caused, in whole or in CG 24 27 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 :.'!: ~ 0 Policy Term: 9/1/2010 -9/1/2011 ( ( TEXAS WAIVER.OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which It Is attached effective on the inception date of the policy unless a ~ifferent date Is indicated below. (The followlll{J •auaching 0Jau80" n~ed bo cornp/ole«:l only when this endorsemMI io lsoued subsequenl to preparation of the policy}. This endorsement, effective 12:01 AM 9/1/2010 forms a part of Polley No. we 007~ 18 -8804 Issued to AU I CONTRACTORS, I NC, By NEW HAMPSHIRE INSURANCE COMPANY This endorsemenl applies only to the insurance provided by the poltcy bocausa Texas Is shown in Uern 3.A. ol the Information Page. We have iha right to recover our payments from anyone liable ror"an injury cov0red by thls policy, We will not enforce our right against the person or organization named in the Schedule, but this waiver appl!es only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement aha!! not operate directly or indirectly to benefit anyone not named In the SchecJulA. The premium for this endorsement is shown in the Schedule. Schedule 1 . ( ) Specific Waiver ( X ) Blanket Waiver Any person or organization for whom U1e Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL nXAS OPERATIONS 3. Premium: The prernium charge for this endorsement shall be 2, O percent of the premium developed on payroll In con- . nection with worl< performed for the above person(s) or organlzatlon(s) arising out of tile operations described. , · 1. Advance Premium: INCLUDED C:--· WC 42 03 04A (Ed. 01/00) Countersigned by -·-· --------.e~~ . ..!!.~-)tl_~_e\..:___ Authorized Representative CERT IFI C ATE OF INSURANCE TO: C ITY OF FORT WORTH Date~ NAME OF PROJ ECT: DIGESTER SLU D GE TREATMENT, REMOVAL AND DISPOSAL PROJECT AT RIVERSIDE WASTEWATER TREATMENT PLANT PROJECT NUMBER: WTR-20 I 0-20005 1 IS TO CE RTIFY THAT: is , at the date of thi s certificate, In s ured b y this Company w ith re s pec t to the bu s in ess operations h e re inafter d esc rib ed , for th e ty pe of in s uran ce and accordance with pro v is ion s of th e standard polici es u sed by thi s Compan y, and further here inafter described. Exce ption s to s tandard policy noted on re verse s id e he reof. TYPE OF INSURANCE Po lic y Effective Expi re s Limits of Liabili ty Worker 's Compensation Comprehensive G e neral Bo dil y Injury: Liabi lity Insurance (Pub li c Ea . Occurrence: $ Liability) Prop e rty Da m age: Ea. Occurrence: $ Blasting Ea. Occurrence: $ Collaps e of Building or structures adjacent to Ea. Occurrence: $ excavation s Damag e to Underg round Utilities Ea. Occurrence: $ Builder's Risk Comprehensive Bod il y Injury: Automob il e Liability Ea. Pe rson: $ Ea. Occurrence: s Prop erty Da mage Ea. Occurrence: s Bodi ly Injury: Contractual Liab ility Ea . Occurrence: $ Prop e rt y Damage: Ea. Occurrence: $ Other Lo ca ti o ns covere d: -------------------------------- Desc ription o f o perations covered_· ------------------------------- Th e a bove po li cies e ith e r in th e body th ereo f or by appropria te e nd o rse m e nt p rov ided that they m ay not be c hanged or cance led by th e in s urer in less t ha n five (5) day s afte r the in s ured has rece ived w r itt e n not ice of s uch c ha n ge/or ca nce l la ti o n . Whe re a ppli cable loca l laws o r regu lat ions require more th a n fi ve (5) days actual notice of c hange or cance ll ation lo be assured, the above pol icie s co nt a in s uch spec ial req uirement s , e ith e r in th e bo d y thereof o r by appro pri ate e nd orseme nt th e re to attached. The City. it s office rs , employees and servants s ha ll be endorsed as a n add iti o na l insured on Co ntra cto r 's insurance po li c ie s exce pting employer's li abi li ty in s urance coverage under Contractor 's wo rk e rs ' compensat ion in s ura nce policy. ~A=-=e~n~cv.,__ __________________ 1 ns urance Co . Fo rt Worth Agent By Add re=ss~ _________________ T itl c CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 ofVeron's Annotated Civil Statues , Contractor Certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Project Number WTR-2010-200051. STATE OF TEXAS § COUNTY OF TARRANT § President Title August 12, 2011 Date BEFORE ME, the undersigned authority, on this day personally appeared ___ _ B Doug Alumbaugh . known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of AUI Contractors, LLC. for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th of August Wt 2Qll OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page I Of I Bond #60S101538 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we AUi Contractors. LLC , a Corporation of Texas , hereinafter called Principal, and Liberty Mutual Insurance Company a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum ,of: Five Million, Two Hundred Fifty Five Thousand Forty Dollars and Zero Cents 'i ($5,255,040.00) in lawful money of the United States, to be paid in Fort Worth, Tarrant .County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly.,by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the ____ day of ______ A.D . 19 _, a copy of which is hereto attached and made a part hereof, for the construction of: Riverside Water Treatment Plant Digester Sludge Treatment, Removal and Disposal Project designated as Project No.(s) WTR-2010-200051, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the ''work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and he shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of fa ilure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner m ay incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. F-1 ' AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in six counterparts each one of which shall be deemed an original, this the day of , A.D., 19 ATTEST: (Principle) Secretary (SEAL) Witness as to Prine North Freeway Fort Worth, TX 76106 Address ATTEST: &md ~ 1 (Surety) Secreta (SEAL) Witness as to Surety 12201 Merit Dr #795 Dallas, TX 75251 (Address) 4775 North Freeway Fort Worth TX 76106 Address Liberty Mutual Insurance Company Surety By: ~/{UW !Lt@ Sopinie Hunter (Attorney-in-fact) (5) 12201 Merit Dr #795, Dallas, TX 75251 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) (2) (3) (4) Correct Name of Contractor A Corporation, a Partnership or an Individual, as the case may be Correct name of Surety · If Contractor is Partnership, all Partners should execute Bond ( 5) A True copy of Power of Attorney F-2 shall be attached to-µLi ~~-----, Attorney-in-fact OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Bond #60Sl01538 PAYMENT BOND THESTATEOFTEXAS § KNOW ALL BY THESES PRESENTS: COUNTY OF TARRANT § That we, AU! Contractors, LLC , a Corporation of __ T=-a=rr=a=n=t'---County, Texas hereinafter called Principal and Liberty Mutual Insurance Company 'a corporation organized and existing under the laws of the State of Massachusetts and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor f upon, the building or improvements hereinafter referred to in the penal sum of Five Million, Two Hundred Fifty Five Thousand Forty Dollars and Zero Cents ($ 5,255,040.00 ) in lawful money of the United States to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of ______ _ 20_, a copy of which is hereto attached and made a part hereof, for the consideration of: Riverside Wastewater Treatment Plant Digester Sludge Treatment, Removal and Disposal Project designated as Project Number WTR-2010-200051, a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Chapter 2253, Texas Government Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. THIS BOND IS MADE AND ENTERED into solely for the protection of ail claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Chapter 2253, and all such claimants shall have a direct right of action under the bond as provided in Chapter 2253, Texas Government Code. PROVIDE FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees F-3 that no change extension of time, alteration or addition to the terms of the contract or to the work be performed thereunder or the specification accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this day of , 20 __ . ATTEST: (Principle) Secretary (SEAL) Witness as to P · ipal North Freeway Fort Worth, TX 76106 Address ATTEST: ~4Ytrdb (SEAL) Witrn;:ss as to Surety 12201 Merit Dr #795 Dallas. TX 1s251 Address BDou 4775 North Freeway Fort Worth. TX 76106 Address Liberty Mutual Insurance Company Surety By: s&!~un ~J/( (Attorney-in-fact) (5) 12201 Merit Dr #795 (Address) Dallas, TX 75251 City, State, Zip NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A corporation, partnership, or individual as the case may be (3) Correct name of Surety ( 4) If Contractor is a partnersh ip, the Contract must be executed By the managing or general partner of the partnership. F-4 "C • ~Ill : $ 'O -rrJ~~ -ca "C ::I Cl) C) j G) -::I .. iii G) > ,::- I) ca -::I ~ "C -·;;; 0~ -~ .. l) 0 .. G) >--ca ~ .. G>-c,111 -a G) ,, .. .. G) ·c e·-~ .. ! ., ca -.. ~'g G) .. ., .. • ::I -(.) 4425825 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name , constitute and appoint DAVID C. OXFORD, STEVE RICKENBACHER, SOPHINIE HUNTER, SHERREL BREAZEALE, BRET TOMLINSON, SHERI R. ALLEN, CHARLES K. MILLER, PEGGY HOGAN, CLINTON NORRIS, STEVEN J. ZINECKER, SHANNON LEWIS ALL OF THE CITY OF DALLAS, STATE OF TEXAS ......................................................................................................... . , each individually if there be more than one named, its true and lawful attorney-in-fact to make , execute , seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakinas, bonds , recognizances and other surety obligations in the oenal sum not exceeding FIFTY MILLION AND 00/100*********************************lf'**** DOLLARS($ 50,000,000.00********************* ) each, and the execution of such undertakings, bonds , recognizances and other surety obligations, in pursuance of these presents , shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons . That this power is made and executed pursuant to and by authority of the following By-law and Authorization : ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney , shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary . By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII , Section 5 of the By-Laws , Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make , execute , seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations . That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this Ilrd day of A Febr~ary 11, 2011 ugus COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY By~....ef: U-t:U'~ Garnet W. Elliott, Assistant Secretary On this 2JJ:d._ day of February , 2.0.11.. , before me , a Notary Public , personally came Garnet W. Elliott, to me known , and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation ; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation . first above written . CERTIFICATE COMMONWEALTH OF PENNSYLVANIA Not'd.tla!Seat Taresa Pasrella, N<r.ary P..bl~ P.ymwlh Twp., Moot',iomery Cctmiy My Comm:ssion Expires March 28, 2013 Mombor, ~nc-.sytvar.,a Associal:iori of Notartet. By~~ Terksa Pastella, Notary Public I, the undersigned , Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this ________ day of ca "C Ill Ill G) C: Ill ::I .0 C: ca =5 ~ .... »en G>W Ee .s 0. <~ 0~ .. "C G) C: 3': ca oe c.. ca .2?o .co -.. -0) 0 C: >-G) .1= G) :2! -G) ~.o 4>0 .si e'9 .!:~ -a) C: I Oo u..- oCO I-,!. ~LiberlJ. ~ Mut ual. Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Suret,y Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail : Consu merProtection@tdi. state. tx. us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev. 7 .1.07 CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS This Contract made and entered into this the day of _____ _ 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 AUi Contractors, LLC, ("Contractor"). Owner and Contractor may be referred to herein individually 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: FOR: Digester Sludge Treatment, Removal and Disposal Project at Riverside Wastewater Treatment Plant That the work herein contemplated shall consist of the Contractor furnishing as an independent contractor all labor, tools, appliances and materials , necessa ry for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by or on behalf of the City of Fort Worth for the Water Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this Contract the same as if written herein. 3. The Contractor hereby agrees and binds itself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Purchas ing Department 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 Water Department of the City of Fort Worth and City Council of the City of Fort Worth within a period of 180 Calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Spec ifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in 6/17/09 C-1 the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$~ per working day, not as a penalty but as liquidated damages, the Contractor and its Surety shall be liable to the Owner for such deficiency . 5 . Should the Contractor fail to begin the work here in 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 manner as it may deem proper, and if in the completion thereof, the cost to the Owner shall exceed the contract price or prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay Owner on demand in writing, setting forth and spec ifying and itemized statement of the total cost thereof, sa id excess cost. 6. Contractor Covenants and agrees to indemnify the Owner , Owner's Engineer and Architect , and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend , at its own expense , the Owner, its officers , servants and employees , from and against any and all claims or suits for property loss , property damage , personal injury, including death , arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor , its officers , agents , employees, subcontractors , licensees or invitees , whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers , servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees . In the event Owner rece ives 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 w ith a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carr ier. The Director may, if deemed 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 of Fort Worth contract. 6 /17 /09 C-2 7. The Contractor agrees, upon the execution of this Contract, and before beginning work, to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptable to the City of Fort Worth . All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended . A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of ttie Contract, solely for the protection of all claimants supplying labor and mater~al in the..prqsecution of the ~ork. · C. If the Contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the fa it hful performance of the work in accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the Owner. D. A Two-year Maintenance Bond in the name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee contained in the Contract Documents. 8. The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of the aforesa id work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by Contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount (including/excluding) alternates Alternate Bid -Demolit ion, Removal and Disposal of Digester Tanks and Control Rooms -Add Items, shall be Five Million, Two Hundred Fifty Five Thousand Forty Dollars, ($5,255,040.00}. 9. It is further agreed that the performance of this Contract, wither 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 Water 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 Contract is made and entered into by the Parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth 6 /17 /09 C-3 and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same . IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in __ counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the __ ?:>_J, ____ day of fuAy \ ,.\-, A.O., 201J ~~ CITY OF FORT WORTH BY:2:~Q- S. Frank Crumb, P.E. DIRECTOR, WATER DEPARTMENT AUi Contractors, LLC CONTRACTOR 4775 North Freeway Fort Worth TX 76106 ADDRESS 6 /17 /0 9 Fernando Costa ASSISTANT CITY MANAGER ATTEST: Marty Hendrix CITY SECRET ARY (SEAL) OFF ICIAL RECO RD CI TY SEC RETARY FT. \#,0 T~, TX C-4 - - - - - - 8. Appendices - - - - - - - - Appendix A Waste Characterization Plan 4055 International Plaza , Suite 200 • Fort Worth, Texas 76109 • 817-73S-7300 • tax 817-735-7491 www.freese.corn TO: Richard Talley -City of Fort Worth Charles Johnston -Republic Services, Inc. FROM: Robert Chambers, P.G. -Freese and Nichols, Inc. Kimberly Buckley, P.G . -Freese and Nichols, Inc . SUBJECT: Former Riverside Wastewater Treatment Plant Closure Project Digester Sludge Treatment, Removal, and Disposal Project DATE: Waste Characterization Plan September 9, 2010 Purpose and Objective Thi s Waste Characterization Plan has been prepared for the Digester Sludge Treatment, Removal, and Disposal Proj e ct associated with the former Riverside Wastewater Treatment Plant (WWTP) Closur e project in Fort Worth, Texas. The project includes the treatment and removal of sludge in eight rel ic digesters within the former WWTP facility . The objective is to methodically and efficiently characterize these materials to facilitate proper handling, management, and disposal. This plan does not address health and safety procedures, which will be governed by a site sp ecific Health & Safety Plans (HASP) prepared by the Contractor. Facility Description and Overview The former Riverside WWTP treated the City's sewage from approximately 1920 until the plant ceased operation in 1979 pursuant to permit requirements. At the time of its peak operations, the facility occupied a total area of approximately 143 acres . Numerous relic structures remain at the site, including build ings , primary, secondary, and final clarifiers, aeration tanks, trickling filters, and sludge digesters . Sector 1 has been occupied by the central plant area of the Riverside WWTP since its construction in approximately 1920 and currently contains numerous relic structures including five below-ground digesters, four above-ground digesters, and several clarifiers, filter basins, and aeration tanks . In 2002 , it was discovered that all nine relic digesters contained sludge materials with elevated levels of polychlorinated biphenyls (PCBs) and heavy metals . In 2005 and 2006, a pilot test was conducted to determine the best manner to removal sludge materials from the digesters using Digester 9. Th is project consists of the removal, treatment, and/or disposal of remaining sludge materials from the remaining eight digesters (Figure 1). Sequence of Waste Characterization Activities The priority for waste characterization and removal action activities for each of the digesters is outlined in the engineering specifications . Waste characte ri zation activities should be conducted to provide sufficient time for laboratory analysis and disposal facility review and approval p r ior to the initiation of sludge removal, when po ss ible . Waste Characterization Plan September 9, 2010 Page 2 of 7 City-Selected Analytical Laboratory and Disposal Facility The City has selected the following analytical laboratory and waste disposal facility for th is project based on previous investigation and disposal activitie s r elated to the project . The Contra ctor must coordinate with these pre -approved facilit ies for appropri ate waste characterization analysis and data approval, as indicated in the engineering sp ecification s and this plan , prior to the start of construction activiti es. Analytical Laboratory Xenco Laboratories Attention: Danielle Winnings 9701 Harry Hines Boulevard Dallas, Texas 75220 (214) 902 -0300 danielle.winnings@xenco.com Waste Disposal Facility Republic Services, Inc . Attention : Charles Johnston Director, Special Waste 911 E. Hwy 121 Business Lewisville , Texas 75057 Cell (281) 838 -6670, Efax (480) 718-4135 Oohnston@republicservices.com Waste Characterization Requirements Waste characteri zation should be conducted in accordance with the Texas Administrative Code (TAC) (Title 30 TAC Sections 335 .501 -335.521 [Subchapter R]), Texas Commission on Env ironmental Quality (TCEQ) guidance "Guidelines for the Classification and Coding of Industrial and Hazardous Wastes " (RG -022) dated July 2005, and specific disposal facility requirements provided in the engineering specifications or directly from Republic Services, Inc . Proper waste characterization and disposal will be required for the following project components : • Removal and disposal of digester roofs • Sampling and testing of solids/sludge from each digester • Removal, treatment, and disposal of l iquids through onsite treatment system • Stabilization, removal, and disposal of solids/sludge to approved dispo sal facility Digester Roofs Digesters 6, 7, and 8 have roofs that are constructed of steel frame and sheeting. No insulation or other fibrous material has been observed. Digesters 3, 4, and 5 have concrete roofs with met al tresses . Digesters 1 and 2 have concrete roofs. The metal roofs will be removed by the Contractor and the steel will be consolidated and transported to an appropriate recycling facility for disposal. The Contractor will be responsible for coordinating with the recycling facility to determine if any waste characterization data will be required . Waste Characterization Plan September 9, 2010 Page 3 of 7 The concrete roofs will be removed by the Contractor. The steel tresse s w i ll be segregated and transported to an appropriate recycling facility for disposal. The Contractor will be re sponsible for coordinating w ith the recycling facility to determine if any waste characterization data will be required . All uncontaminated concrete materials and other uncontaminated construction debris associated with digester roofs (i .e . shingles, wood , etc) shall be transported to CSC Landfill , as indicated above, and disposed of as a Class 2 nonhazardous construction and demolition debris . Concrete and other construction debris that h as be en in direct contact with sludge shall be disposed of as a TSCA-regulated nonhazardous waste with PCB concentrations> 50 ppm . Preliminary Waste Characterization Sampling of Solid-Phase Sludge The solid and liquid phases of remaining sludge materials in each digester are present in three distinct layers : a suspended (floating) solids layer, a middle aqueous layer, and a bottom so l ids layer. The Contractor shall remove the middle aqueous layer, to the extent practical, prior to initiat i ng any solid -phase sludge sampling or removal activities . Republic Services , the Owner, and the Engineer shall be furni shed with the following sampling data to be collected by the Contractor to characterize sludge materials in each of the remaining digesters . Following aqueous-phase sludge removal , a minimum of 10 sol i d-phase sludge samples should be collected from each digester and analyzed for: • PCBs (EPA Method 8082) • Resource Conservation and Recovery Act (RCRA) heavy metals (EPA Method 6020 -arsenic, barium , cadmium, chromium, lead , mercury, selenium , and silver) Analytical results shall be compared to the screen i ng criteria in Table 1 to determine the preliminary waste classification . Final Waste Classification Sampling of Solid-Phase Sludge Following preliminary waste characterization sampling, the upper and bottom layers of sludge in each digester will be stabilized for final disposal at the approved disposal facility . Fly ash will be used to stabilize the solid- phase sludge. The fly ash will be added directly to the solid-phase sludge inside each digester o r in mixing containers, at the discretion of the Contractor. Waste Characterization Plan September 9, 2010 Page 4 of 7 Table 1. Preliminary Solid-Phase Waste Classification Data Screening Criteria Chemical Screening Criteria Anticipated Waste Classification of Concern Total PCBs <SO ppm Nonhazardous, TSCA -regulated Waste, PC PCBs <50 ppm 1 ~ SO ppm Nonhazardous, TSCA-regulated Waste , PC PCB s ~so ppm Arsenic < 100 ppm (20xTCLP) Nonhazardous ~ 100 ppm (20xTCLP) Potentially Hazardous; TCLP Analysis Required Barium < 2,000 ppm (20xTCLP) Nonhazardous ~ 2,000 ppm (20xTCLP) Potentially Hazardous ; TCLP Analysis Required Cadmium < 20 ppm (20xTCLP) Nonhazardous ~ 20 ppm (20xTCLP) Potentially Hazardous; TCLP Analysis Required Chromium < 100 ppm (20xTCLP) Nonhazardous ~ 100 ppm (20xTCLP) Potentially Hazardous ; TCLP Analysis Required Lead < 100 ppm (20xTCLP) Nonhazardous ~ 100 ppm (20xTCLP) Potentially Hazardous; TCLP Analysis Required Mercury <4 ppm (20xTCLP) Nonhazardous ~4 ppm (20xTCLP) Potentially Hazardous; TCLP Analysis Required Selenium < 20 ppm (20xTC LP) Nonhazardous ~ 20 ppm (20xTCLP) Potentially Hazardous; TCLP Analysis Required Silver < 100 ppm (20xTCLP) Nonhazardous ~ 100 ppm (20xTCLP) Potentially Hazardous; TCLP Analysis Required 1 -All so/id-phase sludge from digesters shall be disposed of as TSCA-regulated waste du e to USEPA regulatory requirements. Contra ctor shall pay Republic Services the unit price for TSCA-regulated waste with PCBs > 50 ppm for all solid-phase sludge removed from the dige s ters. Republic Services shall be furnished with the Preliminary Waste Characterization data plus the following sampling data . For each digester, one sample of stabilized sludge shall be analyzed for the following chemicals of concern: • TCLP voes • TCLP SVOCs • TCLP herbicides • TCLP pesticides ' Waste Characterization Plan September 9, 2010 Page 5 of 7 Republic Se rvices shall determine if TCLP testing is required for heavy metals for each digester on an individual basis. If all total metal concentrations from each sample in a dige ster are all below the i r respective hazardou s waste screening criteria , TCLP testing for heavy metals will not be r equired . Otherwise, the Contractor shall collect a minimum of 10 samples of stabilized solids/sludge per digester and analyze them for the following : • TCLP Heavy Metals Analytical r esults shall be compared to the waste classification criteria provided in Table 2 to determine appropriate waste classification . Table 2. Final Waste Classification Determination Chemical Waste Classification Criteria Final Waste Disposition of Concern PCB s < 50 ppm Nonhazardous, TSCA -regulated Waste, PCBs <SO ppm 1 ~ SO ppm Nonhazardous, TSCA-regulated Waste , PCBs >50 ppm TCLP Arsenic < 5 ppm Class 1 Nonhazardou s ~ 5 ppm Hazardous TCLP Barium < 100 ppm Class 1 Nonhaza rdous ~ 100 ppm Ha zardous TCLP Cadmium < 1 ppm Class 1 Nonhazardous ~ 1 ppm Hazardous TCLP Chromium < 5 ppm Class 1 Nonhazardous ~ 5 ppm Hazardou s TCLP Lead <5 ppm Class 1 Nonhazardous ~s ppm Hazardous TCLP Mercury < 0 .2 ppm Class 1 Nonhazardous ~ 0.2 ppm Hazardou s TCLP Selenium < 1 ppm Class 1 Nonh azardous ' ~ 1 ppm Hazardous TCLP Silver < 5 ppm Class 1 Nonhazardous ~ 5 ppm Hazardous 1 -All solid-phas e sludge from d1gesters shall be dispo sed of as TSCA-regulated waste due to USEPA regulatory requirem e nts. Contractor shall pay Republic Services the unit price for TSCA -regulated waste with PCBs > 50 ppm for all s olid-phase s ludg e removed from t he diges ters. Waste Characterization Plan September 9, 2010 Page 6 of 7 In addition, the Contractor shall collect samples to determine if the stabilized solids/sludge meets the Paint Filter Liquids Test (EPA Method 9095) before transport and disposal to the l andfill. One sample should be collected per truckload of stabilized sludge . Once the disposal facility has reviewed and accepted the results of laboratory analysis, the stabilized sludge will be transferred to plastic-lined haul trucks for tran sport and disposal at the CSC Landfill operated by Republic Services in Avalon, Texas . The Contractor will be responsible for coordinating with the disposal facility representativ e to determine the number of truckloads transported to the disposal facility each day. Aqueous Sludge Testing Requirements An onsite liquids treatment system will be constructed as part of the removal action. Details of treatment system construction are provided in the engineering plans and specifications for the project. The treatment system will be constructed in a relic filter basin located adjacent to Digester 9. The system will consists of a 20,000-gallon pre-treatment holding tank, 30,000-gallon treatment tank, and several 20,000-gallon effluent holding tanks. An intake pipe will be installed through the suspended solids upper layer i n each digester, the middle aqueous layer will be pumped into the pre-treatment holding tank. The Engineer and the Owner shall be furnished with the following sampling data to be collected by the Contractor to characterize liquids in each of the remaining digesters . The Engineer will use analytical results to calibrate the onsite treatment system, as necessary . One sample should be collected from per digester from the first fully-filled pre-treatment holding tank and analyzed for : • PCBs • RCRA heavy metals (arsenic, barium, cadmium, chromium, lead , mercu ry, selenium, and silver) • Copper (EPA Method 6020) • Nickel (EPA Method 6020) • Zinc (EPA Method 6020) • Cyanide (EPA Method 9010) Liquids will then be pumped from the pre-treatment tank through the treatment tank and into the treated effluent tanks. Treated effluent will be sampled prior to discharge to the sanitary sewer system . One sample shall be collected from each full tank of treated effluent and tested for the following : • PCBs • RCRA heavy metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver) • Copper (EPA Method 6020) • Nickel (EPA Method 6020) • Zinc (EPA Method 6020) • Cyanide (EPA Method 9010) Additionally, one sample shall be analyzed from the first effluent tank from each digester for the follow i ng : • Volatile organic compounds (VOCs) (EPA Method 8260) • Semi -volatile organic compounds (SVOCs) (EPA Method 8270) Waste Characterization Plan September 9, 2010 Page 7 of 7 • Herbicides (EPA Method 8151) • Pesticides (EPA Method 8081) Analytical r esults shall be compared to the City of Fort Worth wastewater discharge limits provided in Table 3 . If the treated effluent meets the appropriate City of Fort Worth wastewater discharge limits, the effluent will be discharged to the sanitary sewer system . If the treated effluent does not meet applicable wastewater pre - treatment standards, the effluent wil l be pumped back through the treatment system for additional treatment and the process is repeated. Table 3. City of Fort Worth Pretreatment Standards for Treated Effluent Chemical of Concern Wastewater Discharge Limits (mg/L) PCBs 0 .003 Arsenic 0 .25 Barium NA Cadmium 0.15 Chromium 5 .0 Lead 2.9 Mercury 0 .01 Selenium NA Silver 1.0 Copper 4.0 Nickel 2.0 Zinc 5 .0 Cyanide 1.0 voes Class 1 Nonhazardous Waste Lower Limit SVOCs Class 1 Nonhazardous Waste Lower Limit Herbicides Class 1 Nonhazardous Waste Lower Limit Pesticides Class 1 Nonhazardous Waste Lower Limit - - - - Appendix B Republic Services Pricing Commitment Documentation '1l-::, REPUBLIC t~'t\ SERVICES, INC. March 29, 2011 Mr. Richard Talley City of Fort W01th Water Department 1000 Throckm01ton Street Fort Worth, TX 76102 (817) 392-8203 Richard.Ta1ley@FortWorthgov.org Re: Pricing Commitment for City of Fort Worth: Disposal of PCB Waste Associated with Remediation of the Riverside Wastewater Treatment Plant and Lagoons Mr. Talley, Republic Waste Services of Texas, Ltd., cVb/a as CSC Landfill, (CSC) is providing, via this letter, confirmation of pricing that will be provided to contractors preparing bids for the above referenced project. Additionally, this letter documents terms and conditions that the City of Fort Worth (City), it's Contractors, and CSC shall agree upon prior to the shipment of any waste. CSC shall dispose of all TSCA-regulated waste containing PCBs at concentrations greater than or equal to 50 mg/kg in its dedicated trench area, which is fully authorized for such disposal pursuant to approvals obtained from the EPA and TCEQ. All waste containing PCBs at concentrations less that 50 mg/kg shall be disposed in other disposal cells at CSC landfill approved by the EPA and TCEQ for disposal of such wastes. All wastes must be properly classified in accordance with 30 TAC Chapter 335, Subchapter R, Classification of Waste before shipment to our facility. CSC will require addjtional waste characterization sampling in addi.tion to data previously provided by representatives of the City, which requirements are attached to this letter. CSC acknowledges that the City has selected CSC Landfill as it designated facility to rece ive all PCB waste generated by this project in return for this pricing commitment and Stephen Brown (Special Waste Analyst) as the City & Conttactors landfill contact. The Contractors and thei r subcontrnctors shall be re sponsible for following all of CSC's policies and procedures for disposing of waste at the landfill facility. This consists of agreeing to the tenns and conditions of CSC's Waste Service Agreement (WSA) which is attached to this letter. The Contractors sel.ected by the City shall complete and execute the WSA prior to shipment of any waste. 1212 HARRISON AVENUE + ARLINGTON . TEXAS 76011 CSC shall extend the same pricing to all bidders for a period of one (1) year form the date hereof. Pricing established for these projects is attached and shall be distributed to all bidders along with the WSA. The Conh·actor shall be responsible for payments to CSC. The City shaI1 ensure that CSC has been paid prior to any final payment to the Contractors. The Contractors shall indemnify CSC as stated in item 13 of the WSA "Terms and Conditions". The Contractors shall meet the insurance requirements as s tated in item 14 of the WSA "Terms and Conditions" and name CSC as an additional insured. CSC shall provide the Contractors with grid locations of where the waste is disposed. CSC shall provide manifests and return them to the Contractor's designee within 30 days after disposal. The Contractors and CSC shall resolve any discrepancies within 30 days of the discovery of the discrepancy. The City shall notify CSC, in writing, of any material changes or addendums to the above referenced project. CSC shall notify the City and its contractors, in writing, of any changes to its permit or other authorizations or any regulatory actions that may affect the project. Sincerely, ~,;,(J {·// . Y/h;tL Nick Stcfkovicli Republic Services, Inc. Area President 1212 Harrison Avenue, Arlington, TX 76011 Office 817-317-2074 1212 Harrison A venue • Ari ington, TX 76011 ~:u REPUBLIC •:; q.\ SERVICES, INC. Pricing for Disposal Waste Generated at the Riverside WWTP and Lagoons (Sludge Ponds) Description of Waste Non-Hazardous Waste PCB~ 50ppm (25 ,0 00 tons, bulk solids) Class l Non-Hazardous Waste PCB' s < 50ppm (unknown volume, bulk solids) Class 2 Non-Hazardous Waste PCB's < 50ppm (156,000 tons proposed in 2011-2012, bulk solids) Non-Hazardous Waste PCB's ~ 50 ppm (55 Gallon Solid Drums) Non-Hazardous Waste PCB's < 50ppm (55 Gallon Solid Drwns) A state fee of $0.25/cy is included in the pricing. 1212 HARRISON AVENUE + ARLINGTON, TEXAS 76011 Disposal Cost* $80.25 / ton $35.00 I ton $15.50 /ton $125.00 I drum $40.00 I drum � �� � � � IN7RUOER GUARD OUTWARD �-1-5/8" TOP RaIL CONTINUOUS r ..�i,�., , � ._... ,.�, r "�, . .. .N9 AWG CALVANIZED ( ., i...,� t��� ,g:F _� O .� j „f � � �- � � '_ -- -��:: 12" END P4ST (OR CORNER) 2r�¢" O.D. STD PIPE TENSION WIRE �7 GA�VAN�ZECI 6R ALUMINUM COATED 10'-0" C/C MAX. PRESSED STEEL TQP PINNED TO 3 STRANDS BARBED POST, LOCK WIRE FOR BARBEO � WIRE 4 PT a" C/C WIRE PLACED WSBDE ARM. �r KNUCKLED TOP AND ,i,.'��� j/`'��BOTTOM SELVEGES r �� s _ /'� 1 �.,,,,,.,,..,,,,,.,,..,,,,.,...,,,�.......... , ,,,,,,,,,, ,,,,,v...,..,,.. �1._�_,..,�v._."w,. ,,.e'. �: . . . , ,., . � ��`c�" x . . < . S y x '#9 A�UMINt1M T4E WIRES FOR T11NG , � � FABRIC TO POSTS 14" O.C.��4X. � ?' � Y� �f xFABRIC,TO TENSION WIRE 24" O.C: ' j "� � ' �� ���..,� FABRIC ?0 BE INSTALLED ��'�� .. .; e . , . ` � \� , . . , . . . 3,,� (.' ��`�.'r �` �'� WITHIN 2" 6F SURFACE '. E'' � ('_. ( ;: i' �€�.' ,� 9RICK 6R CONCREfE B�OCK tO FURNISHECI BY CONTRACTOR 1 'E: %r M '�d�-�-Cl.ASS B CONCRETE <. �/� . - nRicA� - �� -. E -�. � ,; -- =�'-. _�-- ( 9" �kNE PQST 2�" Q.D. STD P(PE s 7 O � 3 0 w � i 00 I o �x =F�f av�c '�c U c�4 ��� w�� �aw mo Z�o-�r 30„. 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POSTS SHALL BE RO�LED OR EXTRUDED SECTIONS OR TUBING OF STEEL OR ALUMINUM CAPABLE OF WI7HSTANDWG A LATERAL FORCE QF 100 POUNDS APPLIED AT THE TOP. ALL NOLLDW POSTS SHALL BE CAPPED. 5. STANDARD PIPE Sl2E5 INDICATEO ARE NOMINAL �IAAIETER, SCHEDULE 40, PER AMERICAN STANDARDS ASSOCIATION {ASA) B36.10_ 6. PROVIDE PLUNGE ROD AND CATCHES FOR AL� GATES IN OPEN AND CLQSED POS€TION. � � € .,� ..�.� =,� '� ,�«� �;�,'y����r� � a�� f"'`i �i u°'i"'� ��'I"�+��.a, - � ��', •m.m�G:OM"'a4 � V •1•* Mlt,' ����� � � �� ' � W� � W� ��n � �� _^� ; � =;W =�a� . cLLaW � � � i— z z Q W -1 � a- 'Q � �.1J � z O' U L'-1 � � �J � � �� � � w � � d n- I-- l.� _ ; �� � �W Q �� Y- - �(��UW�` -: a� � Q � :.. � _.� �(� � � z �g;� ap � U-1 _ f ' �� � � Z I ' � -- "(/7 0 '`� U Z � ci: '� w W � �--- :� (n W � C� L�1 0 � � � U O � ` � m vmi O ���4-' � U N o rn (� a o � � W � a _ �' � .. � o o � � � 0 i w N C = ,� z a w i � � 4 U � O t .._�_. __.��_ 5 . r �L! d � O_U oc c� r, �� � i o � �'� ' N 4 ,. o:'- mad. i U ( � � ._ �— > O SHEFi p � CJ 'J � � � 1 .. --` � j , �� ��� ,4 . �'`� ----, �_ � —��_ f u; i \ �ate: Aor 20, 2011 - 327Pm �f � `1 `� � � � 1 ---` J, 1 � J �� " ��z" �-CONTROL ROQM t�}-CONTROL ROOM�` � (�9 EsE REMt?vEa) 520 _ : �__ _ -_ •� (TQ BE REMOVED) �_ .�_ � :,,_._,.. � �--- --- �,.._I __,..-'�"�— -�.� — � �� - ,-9-- ` _'-�—� � -- .. . . __ _� _ . ti _ . . , , �. .., ... � � .. . __ _ �� 5. � . r .. _ � �J�%� ' - .. , ` ,� �� �� a � �' %� , , , ,; ,, , , �, , �� , , 1 5Q6 ; i i _ �__ �' s f . . .. ! ���__� - , � i'�� � 1 �� 1! , i 4���1 � t��4 �` ` �� �� , � ��� �.� � � � � � %`� — � � � �i �;--� .� . / �'\ `�,� �,� �f i� �f y-�';� �'�� _ __ __ �t" f . `,��,�,,. ``� \, �'`---�`��-- "i 1J �:� � Y��� -�- � -,, — � � %"'---564 -..,,--� -- � -- yr----- - ,- 1 �DfGESTER N0. 8 DIGESTER N0. 9 (TO BE REMOVED) (QECOMMISSIONED) (TO BE REMOVEQ� 1 � �. _ � �-----_ _ -.`� �-.�t � "'� � - _ c m �"---. i} � -- _ �a t r-_.'' � i � ��` � � 3�j ���" ���� ; �� i [ ,� '�l �'{;� ( 4�' � , ( 1 ! i AL7EE�iv?nM1TE RI��:( l,![,l�S THc FOLLflWING: 1. A�L EXCAVATION FOR THE REMOVAL OF ALL DIGESTER BASINS, CpNTROL ROOM STRUCTURES AND ASSOCIATED PIPING WITHIN THE EXCAVAT€ON. 2. REMOVAL AND DISPOSAL OF ALL DIGESTER BASINS, CONTROL R�OAA STRUCTURES AND ASSOCIATED PIPWG. 3. PLUGGING A�L EXPOSED PIPES WITH LEAN CONCRETE ANO ABANOON W PLACE. 4. BACKFILLING THE EXCAVA�ED AREAS TO THE LINES AND GRNDES IN�iCATED ON TNIS DftAWING. 5. SEEDING THE RREA WITH GRA55. User. nbb File: N:'�,wr\DIGESTEP. II\CY-ALL-PL-G2lD.OWG s__._ _. .... k `— DIGESTER Nd. 7 (TO BE REMOVED) x S�TE P�i� n Z� .� �=4'O� t .�``�---__ ��� —.,� ' f 1 ��_� � ,/� ,/ .�� �TER N0. 6 BE REMOY€-f R N0. 3 �?EP�6VED} � l� � .._ . ... ... � � I � �. � �ti, '� � `4 , s ,f �_ �� � �.,'� �-� ^`,r--�-'" \�\ �_.--�� ��s \� -`� `- `� ; --f" - , �,%�.e�'/ � � � ��� : � ���. 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DEMOLITION DEBRIS GENERATED DURING THE REMOVAL OF THE DIGESTER BASINS, CONTROL ROOMS, PIPWG AND APPUR7ENANCES SHA�L BE TAKEN TO CSC DISPOSAL FACILIIY AND QISPOSED OF AS A TOSCA REGULATED WASTE. 7. SOIL BORROW (CVSS 3 EARTH FI�L) WILL NEED TO aE OBTAINED FROM AN OFFSITE BORROW SOURCE AND HAULED TO THE SITE TO ACHIEVE fINAL GRADES. CLASS 3 EARTH FI�� SHALL 8E USED TO BACKFILL EXCAVATED AREAS WHERE OIGcSTERS WERE REMOVED. CLAS� 3 EARTH FILL SHALI. BE PLACED IN ACCORDANCE WITH SPECIFICATION SECTION 02254-COMPACTED EARTH FILI. THE UPPER 12 WCHES OF FILL SHALL 8E TOPSOIL (ClASS 12 EARTH FILL) ANQ SHA�L BE SEEDED IN ACCORDANCE WITH SPEClFICATION SECTIOY 02497-GRASS FOR EROSIOtJ CONTROL. 3, PIPE SYSTEMS THAT ARE EXPOSEO AF7ER THE REMOVAL OF THE DIGESTER BASINS AND CONTftOL ROOMS SHALL BE PLUGGED WITH LEAN CONCRETE ANO ABANDONED IN PLACE. TEf� IE R REM 4 ED} �I END � FILL SLQPE .... . ... � � u E .�*5��;14 ''w c� #y� i,����t�k � � � ; � }p w� �'�,�,�'�'��:��; i ua a€' `�o �.� �r� � �S"' ; `a�.�, '� ` e- O �_y"+rr k S �� 1 \ i #�� 0 W� � WV „' �_ �� �mia � a�.w � i�a�'vv X � a��� '3�� ��a� �- � �� � aC E— C � �� Wz � xJp Q�' � Q W C.� : �� � =o� �� �� Q �� �Q }�� �¢ c> Q� O Q � � �� p � C� �� Q Q � z � �► w¢ wQ � Z w �w C� � J a >_Q . � U O� 4 Q a v�i o e� U v fl�_ n � <_ � = m-t� o ��< W � o � �8 o f� � � � ,� = a i ._......... -_ v� U , � oa � `�ai owo r.my � UC,, o �, c r u -� o ��.� o . �"�� ' o -�'�� m �� �^ E U _ � � �; � r: ; � � ; � � ., ..�__ _._ >o SHrET � ...........,__._ �E<: � � � ��---_..` J � � 49& 494 49Z 2.5 � 5(}� � �/ I so6 , % �' soa ,� . . � 5Q2 soo 49� 52�? 518 516 Si4 ��{Z EXISTING GROUND StQ 5 0. �' v� � .� _ {MINiMUMVSLOPEr^ 1H:7V) � 0 � � SECTION � 8 9 NO7 TO SCALE 00 I oy- N _ '. a in >I - � U � c � � _ w VI I w�� �a� mo C Z�oa �%��,_ ��Nc �� O rtiN � U j W ff � i, w F-� W! �^O -'�'.� O .� 4 �Uh_ � � .ti �Ur� ti� v� t u_ x � � . p°'ti:;. -U., � i�3 N� Date: Aor 20, 2011 - 3:31om User, nbb Piie: N:\wrl�IGEST'cR II\CV-PH2-0T-DEMOOI.OWG �TION LIMITS - 1H:1V) ACED 4L OF L ��f`�,��j R�E�LUSEDEASACLASS 3 EARTHFILL 516 51� 512 ��� 5b8 � 5tJ6 � spa soz 50� 7 7 496 496 �94 492 490 �.v. LL � u E c4 u� Zc «'e — CONTROI. ROOM OIGESTER WALL (TO BE REMOVED) �� � (TO @E REMOVED) �.— � � �---"'j_~ '`.v 5� ^'"'��~~ '" � `'� j' CONTROI ROOM , � ,%� �``-� j (70 BE REMOVED) W� � —�-_. ��``�, r �Q �� --�— � �� `^o 0 � � /� � ��.o^� / �\ an�^ �' � � �,,F � L�a�� _ � � � �,m ;'' � S 3 o i `�'� � W a % .�.�` ,% " " .. � � � � 2.1% FfNAL G42ADE / ` 1- Z _ �.�9 .�� z Q , '�,�—�'r'��Rkp� •``� �,, �� w � Z `---._""--.� ,�,F � \ C1- � � � � � /� . � �'' '� / .^� � Z 1— � �U WW ,�`` � W � U) � �` �JO � �- � r �� � � � - � � � �� a ~ �. 1 f � �� Q > w �� �% � �wa�� � � a �, / � � � � ` oQ ` � m . � f �� ± . �`-PROPQSED EXCAVATION LIMI7S :�J Q W �-DIGESTER FLOdR '� \ � � (MINIMUM SLOPE - 7H_1V) (n L� � Q j (7d BE REM�VED)� � � Q � � r � Q � �� � � � �. � � (n (n t—w- � + � � J � w Q PROPOSED EXCAVATION LIMlTS � CLASS 3 EARTH FILI TO BE PlACED �j (MINIMUM SLOPE - 1H:1V) AND COMPACTED UPON REMOVAL OF � DIGESTER HASINS AND CONTROL � ROOMS. � o a 5���' /'� SECTIQN 8 9 NOT TO SCALE N O� U V C� O N o Qal Gi 3 � o � � d O -_ a � __I w 00 � �, j = z ` a �> w U n oc�i C o� y ci.� a � tt�� G : _, Cl tn V'��� u� J n U i - mC�. a U N _ � � - >O Sr+E�i �� �" ' � � Y