Loading...
HomeMy WebLinkAbout024952 - Construction-Related - Contract - Larry H. Jackson Construction, Inc.f3 CITY SECRETARY C ,y ,� i' �, 9t 'S BONDING � CONTRACT NO . Ci S SPECIFICATIONS 1 CON�TRU CTIO 4'S COPY AND C_7\DPARTMj T CONTRACT DOCUMENTS FOR WATER REHABILITATION CONTRACT II FOURNIER STREET, 10TH STREET & THREE TRINITY RIVER CROSSINGS D.O.E. No.: 1352 Water Project: PW53-060530174340 File No.: K-1414 NOVEMBER, 1998 LEE C. BRADLEY, JR. P.E. A. DOUGLAS RADEMAKER, P.E. HUGO MALANGA, P.E. DIRECTOR DIRECTOR DIRECTOR WATER DEPARTMENT DEPARTMENT OF ENGINEERING TRANSPORTATION & PUBLIC WORKS KENNETH BARR MAYOR PREPARED BY: DUNAWAY ASSOCIATES, INC. ENGINEERS • PLANNERS • SURVEYORS 1501 Merrimac Circle, Suite 100 Fort Worth, Texas 76107-6572 (817) 335-1121 Fax (817) 335-7437 Metro (817) 429-2135 DAI #12.9601600 BOB TERRELL CITY MANAGER Iit1CllM.; GI C�(► SID I c�rLR. IWGIYH Feo CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Water Rehabilitation Contract 11 Water Department Project No. PW 53-060530174340 D.O.E. Project No. 1352 a Addendum Issued: January29, 1999 Bids received until February 4, 1999, 1:30 p.m. The Contract Documents for the subject project are hereby revised or amended as follows: 1. CONSTRUCTION PLANS a. Sheet 3 of 12 • Existing 36 -in, water line is made of cast iron and was installed in 1949. 0 b. Sheet 5 of 12 • Revised sheet in its entirety. U. Existing 36 -in, water line is made of ductile iron and was installed in 1997. 2. SPECIFICATIONS 0 a. M/WBE Specifications 1). Special Instructions for Bidders El• Indicated the M/WBE goal for this project is 21%. See attached replacement page "A-7" b. Part B - Proposal 1). 10th Street El✓ • Revised quantity of Pay Item No. 1.A, "36 -in, concrete water pipe by open cut, including blocking" to 626 LF in lieu of 606 LF. U / • Revised quantity of Pay Item No. 1.6, "36 -in. DIP water pipe by open cut, including blocking" to 626 LF in lieu of 606 LF. See attached replacement page "B-6" l• Revised quantity of Pay Item No. 7, "Trench safety system (all depths)" to 626 LF in lieu of 606 LF. ElSee • Added Pay Item No. 12 for 45 LF Hydromulch. "8-7" attached replacement page I BIDDER SHALL ATTACH THE REPLACEMENT PAGES TO ORIGINAL DOCUMENTS 'U 0 9801600 AddINarr_012999 BSD.doc Page 1 of 2 ft CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 This Addendum forms a part of the Contract Documents referenced above and modifies the original Contract Documents and plans. Acknowledge receipt of this Addendum on the space provided below fl and on -Page "B-18" of your Bid Proposal and note on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject bidder to disqualification. I I I 0 0 I I 0 I I 0 0 0 C RECEIPT ACKNOWLEDGED: By: t7 'QL- Title: �(�EA:LL` *JzT Address:ci Telephone: 11 7- : Q- ( r y4L ick Trice, E. Manager, Consultant Services (DOE) I 9601600 AddINarr 012999 BSD.doc Page 2 of 2 J 0 0 I 0 0 f I 0 I J f TABLE OF CONTENTS PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTION TO BIDDERS MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS SPECIAL INSTRUCTIONS FOR BIDDERS MBE/WBE UTILIZATION MBE and WBE UTILIZATION FORM PRIME CONTRACTOR WAIVER FORM GOOD FAITH REPORT PREQUALIFICATION REQUIREMENTS FOR WATER DEPARTMENT WORK PART B PROPOSAL FOURNIER STREET CONCRETE CYLINDER PIPE LIST OF DUCTILE IRON FITTINGS 10TH STREET CONCRETE CYLINDER PIPE LIST OF DUCTILE IRON FITTINGS WATER LINE CROSSING NO. 1 LIST OF DUCTILE IRON FITTINGS WATER LINE CROSSING NO. 2 WATER LINE CROSSING NO. 3 LIST OF DUCTILE IRON FITTINGS BID SUMMARY MATERIAL SUPPLIER INFORMATION FORM STATEMENT OF MATERIALS AND OTHER CHARGES PART C GENERAL CONDITIONS j1 PART D �J SPECIAL CONDITIONS PART E Q SECTION E SPECIFICATIONS PART F CERTIFICATE OF INSURANCE fl CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW LI VENDER COMPLIANCE TO STATE LAW EXPERIENCE RECORD Qfl EQUIPMENT SCHEDULE PAYMENT BOND PERFORMANCE BOND Q MAINTENANCE BOND PART G CONTRACT fl APPENDIX A PEC-MAT SPECIFICATIONS 0 9601600 Specs.wpd 0 APPENDIX B GROUT SPECIFICATIONS: ASTM C1107 APPENDIX C CORPS OF ENGINEERS AUTHORIZATION 0 a 0 u 0 ci 0 0 0 0 0 a 0 0 9601600_Specs.wpd 0 0 0 0 0 0 0 a 0 0 0 0 0 0 ci 0 0 0 PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTION TO BIDDERS MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS PREQUALIFICATION REQUIREMENTS FOR WATER DEPARTMENT WORK El9601600_Specs.wpd 0 0 0 NOTICE TO BIDDERS Sealed Proposals for the following: [I FOR: WATER REHABILITATION CONTRACT II Fournier Street, 10th Street & Three Trinity River Crossings aDOE NO.: 1352 0 0 0 Ii' 0 0 0 0 0 0 0 WATER PROJ. NO. PW53-060530174340 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., February 4, 1999 , and then publicly opened and read aloud at 2:00 p.m., in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents will be provided for a deposit of $30.00. A pre - bid conference will be held on Monday. January 25. 1999, at 10:00 a.m. in Department of Engineering Conference Room 255A. All bidders are encouraged to attend the pre -bid conference. For additional information, please contact Mr Jim DeOtte, P.E. at (817) 335-1121, or Ms. Dena Jonson, P.E. at (817) 871-7866. Advertising Dates: January 7. 1999 January 14, 1999 Ill9601600_Specs.wpd A-1 r 0 COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the following: IJ FOR: WATER REHABILITATION CONTRACT II Fournier Street, 10th Street & Three Trinity River Crossings ElWATER PROJ. NO.: PW53-060530174340 0 0 0 0 7 DOE NO.: 1352 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., February 4, 1999 , and then publicly opened and read aloud at 2:00 p.m. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. A thirty dollar ($30.00) deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for thirty dollars ($30.00) per set. These documents contain additional information for prospective bidders. All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. pBid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work on the above -referenced project shall consist of the following: 1,476 LF 36 -inch Water Pipe 150 LF 20 -inch Water Pipe D145 LF 16 -inch Water Pipe Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. A pre -bid conference will be held on Monday , January 25 , 19 99 at 10:00 a.m., in the [] Department of Engineering Conference Room 255A, 2nd Floor, City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. 0 All bidders are encouraged to attend the pre -bid conference. Staff of the City of Fort Worth's Minority Business Enterprise [MBE/Women Business Enterprise (WBE)] office will be available to explain the City's MBE/WBE Ordinance. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. Bidders shall not separate, detach, or remove any portion, segment, or sheets from the Q contract document at any time. Bidders must complete the proposal sections and submit the complete specifications book or face rejection of the bid as non -responsive. D9601600_Specs.wpd A-2 a [I 0 ci El ci 0 IJ 0 I 0 0 ci 0 0 El 0 ci AWARD OF CONTRACT: No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) 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 documents prior to the receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871- 7910. Bids that do not acknowledge all applicable addenda may be rejected as non -responsive. In accordance with the City of Fort Worth Ordinance No. 11923, 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 M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation"), as appropriate. The Documentation must be received by the contracting 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 contracting department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. For additional information concerning this project, please contact Mr. Jim DeOtte, P.E., at (817) 335-1121, or Ms. Dena Johnson, P.E. at (817) 871-7866. BOB TERRELL CITY MANAGER ADVERTISING DATES: January 7. 1999 January 14. 1999 GLORIA PEARSON CITY SECRETARY DEPARTMENT OF ENGINEERING DOUGLAS A. RADEMAKER, P.E., DIRECTOR By: 47L44. .8'-_--- Rick Trice, P.E. Manager, Consulting Services Q9601600_Specs.wpd A-3 0 ci 0 0 0 0 0 ci 0 0 0 0 0 0 0 0 0 SPECIAL INSTRUCTION TO BIDDERS (WATER DEPARTMENT) 1. PREQUALIFICATION REQUIREMENT: All Contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the Contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. (a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status 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 property verification. (b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. (c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. (d) Bids received in excess of the bid limit shall be considered non -responsive and will be rejected as such. (e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. (f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. (g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check or acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five percent (5%) 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 (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten (10) times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one -tenth (1/10) the total capital and surplus. 3. BONDS: A.performance bond, a payment bond and a maintenance bond each for one hundred percent (100%) of the contract price will be required, Reference C3-3.7. 9601600_Specs.wpd A-4 0 4. WAGE RATES: Not less than 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 Qreject the Proposal. 6. BIDDER LICENSE: Bidder must be a licenced Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the State in which the nonresident's principal place of business is located. El"Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas, but excludes a Contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. U This provision does not apply if this contract involves Federal funds. Q 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) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it, nor any of its officers, members, agents, employees, program participants or subcontractors while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees in connection with the terms, conditions or privileges of 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. I] 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 and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 0 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on; the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply O with the ADA's provisions and any other applicable Federal, State and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations II 9601600_Specs.wpd A-5 0 I I a 0 0 0 i I 0 I I I 0 0 I I 0 asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of Fort Worth Ordinance No. 11923 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, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The documentation must be received no later than 5:00 PM, 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 nonresponsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or Women Business Enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/orWBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal state or local laws or ordinances relating to false statements. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. Revised 9/24/97 0 9601600_Specs.wpd A-6 Revised 06/02/98 CITY OF FORT WORTH MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS If the total dollar value of the contract is $25,000 or more, the M/WBE goals are applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goals are not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is _____% of the total bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated minimum M/WBE goals, or 2. Good Faith Effort documentation, or 3. Waiver documentation. SUBMITTAL OR REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. M/WBE Utilization Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. Prime Contractor Waiver Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. Good Faith Effort Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 871-6104. 9601600_Specs.wpd A-7 ATTACHMENT 1A Page 1 of 2 Revised 6/2/98 City of Fort Worth Minority and Women Business Enterprise SpecfctioF s MBE/WBE UTILIZATION ENQ1NEE .INC/CFW Jackson Construction, Inc. Prime Company Name Contract II (Fournier St.) Project Name CITY'S M/WBE PROJECT GOAL: 2 1% 2-4-99f -.Ci F EO 1.1 1P1 lu Bid Date DOE #1352 Project Number M/WBE PERCENTAGE ACHIEVED: 5 O 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. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The willful misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to specifications. Company Name, Contact Name, Address, and Telephone No. Certified Specify All Contracting Scope of Work (*) Specify All Items to be Supplied (*) a Dollar Amount OA Abel a eria s X and and auling 1 $19,626.00 PO Box 771 Mansfield, TX 76063 817-473-1282 Janet Back J/M Materials X Rock and Hauling 1 $37,058.00 P0 Box 496 Alvord, TX 76225 800-856-8733 Judy Brown M/WBEs must be located in the 9 (nine) county marketplace or currently doing business in the marketplace at time of bid. (*) Specify all areas in which M/WBEs are to be utilized and/or items to be supplied: (*) A complete listing of items to be supplied is required in order to receive credit toward the M/WBE goal. (**) Identify Each Tier Level. Tier: Means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Pages 1 and 2 of Attachment 1A must be received by the Managing Department 9601600_Specs.wpd A-8 ATTACHMENT IA Page 2 of 2 Revised 6/2/98 City of Fort Worth Minority and Women Business Enterprise Specifications Company Name, Contact Name, Address, and Telephone No. Certified Specify Al! Contracting Scope of Work (*) Specify All Items to be Supplied (*) E- � Dollar Amount F � The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or 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 their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State, or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. ALL MBE(s) and WBE(s) MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Larry H. Jackson Authorized S'' nature President Title Jackson Construction, Inc. Company Name 5112 Sun Valley Dr. Address Fort Worth, TX 76119 City/State/Zip Code Printed Signature Same Contact Name and Title (if different) 817-572-3303 Telephone Number(s) 817-478-0443 Fax Number 2-11-99 Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Pages 1 and 2 of Attachment 1A must be received by the Managing Department 9601600_Specs.wpd A-9 ATTACHMENT IC Page 1 of 3 Revised 6/2/98 City of Fort Worth Minority and Women Business Enterprise Specifications Jackson Construction, Inc. 2-4-99 Prime Company Name Bid Date Contract II (Fournier St.) DOE #1352 Project Name Project Number If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your MIWBE participation is less than the City's project goal(s), you musi complete this form. If the bidder's method of compliance with the M/WBE goals 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 of the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. 1. Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (Use additional sheets, if necessary) List of: Subcontracting Opportunities Hydromulch Bores List of: SW Pipe and Fittings Sand Rock Hauling Concrete HMAC Pavement Repair 9601600_Specs.wpd A-11 ATTACHMENT IC Page 2 of 3 Revised 6/2/98 2. Did you obtain a current list of MIWBE firms from the City's MIWBE Office? The list is considered in compliance, if it is not more 3 months old from the date of bid opening. X YES Date of Listing 01 106 /99 NO 3. Did you solicit bids from MIWBE 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? X YES If yes, attach MIWBE mail listing to include name of firm and address NO and a dated copy of letter mailed. 4. Did you solicit bids from MIWBE 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? X YES If yes, attach list to include name of MIWBE firm, person contacted, NO phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide MIWBE name, date, time, fax number, and documentation faxed. NOTE: If a SIC list of W/MBE is ten or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If a SIC list of MIWBE is more than ten, the bidder must contact at least two-thirds of the list, 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 MfWBEs? X YES NO 6. If MIWBE bids were received and rejected, you must: 1. List the MIWBE firms and the reason(s) for rejection (i.e., quotation not commercially reasonable, qualifications, etc.) and 2. Attach affidavit and/or documentation to support the reason(s) listed below (i.e., letters, memos, bids, telephone calls, meetings, etc.) (P/ase use additions! sheetsif necessary and attach) Company Name Telephone Contact Person Scope of Work Reason for Rejection Branca & Soi 477-540 Don Jarrett HMAC fork done with our own force 9601600_Specs.wpd A-1 2 ATTACHMENT IC Page 3 of 3 Revised 6/2/98 Please provide additional information you feel will further explain your good and honest efforts to obtain MIWBE 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 therefore 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 MIWBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's MIWBE Office. Larry H. Jackson Authorize Signat re Printed Signature President Same Title Jackson Construction, Inc. Company Name 5112 Sun Valley Dr. Address Fort Worth, TX 76119 City/State/Zip Code Contact Name and Title (if different) 817-572-3303 Telephone Number(s) 817-478-0443 Fax Number 2-11-99 Date 9601600_Specs.wpd A-13 FROM : BRANCH & SONS CONTRACTORS, INC. FAX NO. : 8174773826 Feb. 02 1999 10:52AM P1 s- w BRANCH & SONS CONTRACTORS PROPOSAL A j Q 91tCookst. AC'CCPT,A iC Mtot o w. ix Toot -.� 817.477-'5409 Metro I] '+tCPOSr►L SL +iTTEO TO 1MC�14 f OA E oST7tE:7 :cs M"f Lt} f 'ti" 11 CITY. STA;rt ANP VP COLE :Of W AT a7KHITKT OATS Af IIAtIS 101U . . .&CLUJ1 ..$ 4a4f, . ...... Wo 1wobv wbmif VoChko*7.ns and asf;,w�rK �w: _ _ �c1 i`.. U T_Iiiiii7 _JETT.. JIEIiII z_L;LMi___ i::: - :;c7 - El to-2c.ri4' -- U _ _.__.4L_ El U•_- _._ _ _.. ___.ra.__-_ _ _.w --s_ _-rte i __T w..� I _ •T __sa iTIT_...:-- 1T -ITT__. Now This o....,o wnrldra—.s b, is d ,pr .cc* 0 MAT RIAI,s ('1-1i :1<Iis'I' 111 1J08: PGCLJ.Yi c2 ,4 PRE-BIl) DA'I'F: 1 -2c -q5 BID DATE: IJET'l F RS DUUE BY: l- �9 Ldokw ib'k-ah c.hc I c, (O -�—�c ,u aorcr os esa� 0 0 0 0 0 0 0 0 0 0 0 0 Larry H. Jackson Construction, Inc. 5112 Sun Valley Drive Fort Worth, Texas 76119 (817) 572-3303 (817) 478-0443 Fax January 15,1999 Re: Water Rehabilitation Contract II Fournier Street, 10' Street, and Three Trinity River Crossings Attn.: Estimator We are actively seeking materials and/or sub -contract quotations from small minority and/or women business enterprises who are W/MBE certified with the City of Fort Worth, Texas. We are seeking quotes for the following: PIPE Plans and specifications can be obtained at the City of Fort Worth or may be viewed at our office. If you are interested in bidding on the above referenced project, please send your quote by mail, fax or in person by noon on February 03,1999 Respectfully, Carrie Taylor Secretary 0 Larry H. Jackson Construction, Inc. 5112 Sun Valley Drive Fort Worth, Texas 76119 (817) 572-3303 (817) 478-0443 Fax January 15,1999 Re: Water Rehabilitation Contract II Fournier Street, 10th Street, and Three Trinity River Crossings Attn.: Estimator We are actively seeking materials and/or sub -contract quotations from small minority and/or women business enterprises who are W/MBE certified with the City of Fort Worth, Texas. We are seeking quotes for the following: PORTABLE TOILET RENTAL Plans and specifications can be obtained at the City of Fort Worth or may be viewed at our office. If you are interested in bidding on the above referenced project, please send your quote by mail, fax or in person by noon on February 03,1999 Respectfully, Carrie Taylor Secretary Larry H. Jackson Construction, Inc. 5112 Sun Valley Drive Fort Worth, Texas 76119 (817) 572-3303 (817) 478-0443 Fax January 15,1999 Re: Water Rehabilitation Contract II Fournier Street, 10th Street, and Three Trinity River Crossings Attn.: Estimator We are actively seeking materials and/or sub -contract quotations from small minority and/or women business enterprises who are W/MBE certified with the City of Fort Worth, Texas. We are seeking quotes for the following: ASPHALT PAVING Plans and specifications can be obtained at the City of Fort Worth or may be viewed at our office. If you are interested in bidding on the above referenced project, please send your quote by mail, fax or in person by noon on February 03,1999 Respectfully, Carrie Taylor Secretary U. •.. I' PROSPECTIVE BIDDERS PRE -BID CONFERENCE ATTENDANCE LIST: DATE PROJECT TITLE {(�� / �%2 ����� yr,e,�L T / PROJECT NOS. p(,c/3 _ NAME FIRM NAME . PHONE NO. 1. f5-'AI'•P S A 43 L( --:.i i 3-i 2. ;cu �(acc.i 3 . 4CU n 4V 5YG/ _ 4.2�� v E 7 (-7 U • 6. i. 7. U 8. U9. 10. 11 ii. 12. 13. 14. 15. 16. 17. 18. U19. 20. U El PREQUALIFICATION REQUIREMENTS FOR WATER DEPARTMENT WORK £ 0 0 LI Li a 0 0 D Q u 0 Li U a LI a The work required under this contract must be performed by a contractor who has been prequalified by the Water Department. In the event a general contractor submitting the lowest responsible bid is not a utility contractor, the contractor performing the Water Department work for the general contractor is required to be prequalified. The following steps are required in order to become prequalified: A current financial statement, acceptable experience record, and an acceptable equipment schedule must be filed with the Director of the Water Department at least one (1) week prior to the hour for bid opening. The financial statement shall have been prepared by and independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been prepared as to reflect the current financial status. The statement must be less than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10) percent of the estimated cost of the Water Department unit of work is required. Prospective bidders whose qualifications are deemed to be appropriate to the nature and/or magnitude of the project on which bids are received will be notified before the date of the bid opening and any proposals submitted by them will be returned unopened. In the case of the bid being submitted by a non -utility general contractor using a contractor who is not prequalified as required, such bid will be deemed to be non -responsive. For an experience record to be considered to acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of the same nature and magnitude as that of the project for which bids are being taken. The Director of the Water Department will be the 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 it has available for the project and state that it will rent such additional equipment as ma be required to complete the project on which it submits a bid. 0 9601600_Specs.wpd A-14 0 0 D 0 0 Er B DPART B PROPOSAL FOURNIER STREET 10TH STREET WATER LINE CROSSING NO. 1 WATER LINE CROSSING NO. 2 WATER LINE CROSSING NO. 3 BID SUMMARY MATERIAL SUPPLIER INFORMATION FORM I`s' STATEMENT OF MATERIALS AND OTHER CHARGES 0 I f11 a 0 a 9601600_Specs.wpd El PROPOSAL U TO: 0 0 a 0 I 0 Mr. Bob Terrell City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, except as specified to be furnished by the City, equipment and labor for the installation of a water distribution system and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: WATER REHABILITATION CONTRACT II Fournier Street, 10th Street & Three Trinity River Crossings Project No.: PW 53-060530174340 Pursuant to the foregoing "NOTICE TO BIDDERS", the undersigned Bidder has thoroughly examined the Contract Documents, including Plans, Special Contract Documents, the General Contract Documents and General Specifications for Water Department Projects, and the site of the project, and understands the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and materials, except as specified to be furnished by the City, which is necessary to fully complete all the work as provided in the Plans and Contract Documents, and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: FOURNIER STREET Q PAY APPROX. AMOUNT DESCRIPTION OF ITEMS WITH BID UNIT ITEM QTY. UNIT PRICES WRITTEN IN WORDS PRICE BID Furnish and install, including all appurtenant work, complete in place, the following items: 1.A 775 LF 36" Concrete water pipe, including blocking** [I olk—bthiiii ( �J Dollars �} and NO Cents per LF $ 7 5 $ including blocking** U 1.B 775 LF 36" DIP water pipe, Dollars and Cents per LF $ $ i I Ti Li 0 *See co rete cylinder pipe page following this section **The c ntractor shall indicate the 36" pipe material used in bid: [ AWWA C301 [ ] Ductile iron pipe, Class 51, wrapped in polyethylene D9601600_Specs.wpd B - 1 Ii FOURNIER STREET 0 0 a 0 0 0 0 0 0 I1 £ cii 0 ill ci PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY. UNIT PRICES WRITTEN IN WORDS PRICE BID 2.A 1 LS Concrete pressure pipe fittings and specials for 36" concrete pipe, furnish and install, complete in place, with concrete blocking and stainless steel bolts* crLj I Dollars Li and 1 Cents per LS $ $ SUU00 2.B.1 6 TN Ductile iron & gray iron fittings greater than 16" for 36" ductile iron pipe, furnish and install, complete in place, with concrete blocking and stainless steel bolts** Dollars and Cents per TN $ $ 2.B.2 0.25 TN Ductile iron & gray iron fittings smaller than 16" for 36" ductile iron pipe, furnish and install, complete in place, with concrete blocking and stainless steel bolts** ThY4 ULJLJ1Ili Dollars ]�( and I�t V Cents per TN $ 350O. $ 3. 2 EA 36" butterfly valve w/ vault and appurten- ances , �n�, r^ 7U L// 1U USNO Dollars and NO Cents per EA $ L1I1) O7)• $ © 4. 2 EA 8" gate valve a&) Dollars and JVD Cents per EA $ 's O $ I 8O 5. 1 EA 8" blow -off assembly per Fig. 18 Dollars and Iy V Cents per EA $ $ C�. 6. 100 CY Ballast at e as directed by the Engineer IDollars jD and Cents per CY $ U $ *See con to cylinder pipe page following this section **The c91tractor shall indicate the 36" pipe material used in bid: M AWWA C301 [ ] Ductile iron pipe, Class 51, wrapped in polyethylene 9601600_Specs.wpd B - 2 !I; FOURNIER STREET PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY. UNIT PRICES WRITTEN IN WORDS PRICE BID ci 7. 50 CY Crushed limestone as directed by the Engineer PP�n �W o ______________________Dollars QO- and £J Cents per CY $ J_� $ JD/?Y 8. 775 LF Trench sat'1 y system (all depths) L V Dollars II and I"V Cents per LF $ $ 9. 10 CY Class 'E' (1500#) concrete for miscellaneous place t as directed by the Engineer Dollars 4 and / [ Cents per CY $ "70 • $ loo D10. 20 CY Class `B' 500#) concrete Dollars fD ,n and Y V Cents per CY $ 70. $ 11. 730 LF Permanent asphalt pavement repair per 0 Fig. 4 UV Dollars and Cents per LF $ ' $ OSV 12. 45 LF Permanent concrete pavement repair per [I WiJi04hf Ue Dollars and AID D Cents per LF $ {• $ 13. 760 LF Concrete curb replacement i? i't4. Dollars 6i [1 and 1 l.C Cents per LF $ qb. $ 3 [1 ...................................................... TOTAL BID AMOUNT $ ,-i cS o I ci *See concrete cylinder pipe page following this section **The co tractor shall indicate the 36" pipe material used in bid: [ AWWA C301 [ ] Ductile iron pipe, Class 51, wrapped in polyethylene Q9601600_Specs.wpd B - 3 a CONCRETE CYLINDER PIPE )II( PROJECT NO. PW53-060530174340 aAdd or Subtract For the Following Concrete Fittings (Including Installation) I I 0 0 0 0 ci 0 0 0 0 0 0 Q Tees 48"x36" $ 8 °_' 36"x8" $ £k 8 - ' Reducer 8"x6" $ fl/Pr Sleeve 48" $ '6> a9601600_Specs.wpd B - 4 0 0 0 ji 0 0 B 0 0 I 0 a 0 PROJECT NO. PW53-060530174340 LIST OF DUCTILE IRON FITTINGS FOR WATER LINE AS REQUIRED BY E2.711A TO BE SUBMITTED WITH BID Add Or Subtract For The Following Ductile Iron Fittings, Including Installation No. of Fittings Type of Fitting Weight Each Fitting Total Weight (Tons) (Tons) 1 48"x36" Tee 2 36"x8" Tee 2 8"x6" Reducer / 2 48" Sleeve l9601600_Specs.wpd B - 5 10TH STREET pPAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY. UNIT PRICES WRITTEN IN WORDS PRICE BID aFurnish and install, including all appurtenant work, complete in place, the following items: 1.A 626 LF 36" Concrete water pipe by open cut, including blocking** Q c t Dollars and flV Cents per LF $ t111 O . $ I (j Lo.. a1.B 626 LF 36" DIP water pipe by open cut, including blocking** U U Dollars U and Cents per LF $ $2.A 100 LF 36" concrete water pipe by bore with 54 -in. casing pipe, including blocking** U( kthdAtiL ollars and_________________ Cents per LF $ 5$ 0o a2.B 100 LF 36" DIP water pipe by bore with 54 -in. casing pipe, including blocking** U. Dollars and Cents per LF $ $ 3.A 1 LS Concrete pressure pipe fittings and specials for 24" and 36" concrete pipe, furnish and install, complete in place, with concrete blocking and stainless } steel bolts* U �� �►�1 lam/chf_ 'E'1�1ollars and Cents per LS $0M. $ p5 c' 3.B 10 TN Ductile iron & gray iron fittings greater than 16" for 24" and 36" ductile iron pipe, furnish and install, complete in place, with concrete blocking and stainless steel bolts** Dollars El and Cents per TN $ $ 4. 2 EA 24 -in. Fig x MJ tapping gate valve with vault and appurenances c;1iiiV c Q½V&11.O Dollars Oand Cents per EA $ t.4jrj. $ g c MD *See conc to cylinder pipe page following this section **The co tractor shall indicate the 36" pipe material used in bid: [1 AWWA C301 [] Ductile iron pipe, Class 51, wrapped in polyethylene fl9601600_Specs_Ad l.wpd B - 6 Addendum I- January29, 1999 ft. 10TH STREET aPAY APPROX. UNIT AMOUNT DESCRIPTION OF ITEMS WITH BID ITEM QTY. UNIT PRICES WRITTEN IN WORDS PRICE BID 5. 100 CY Ballast stone as directed by the Engineer lS� Dollars cz aand I IX ) Cents per CY $ < $ _____ 6. 50 CY Crushed limestone as directed by the Engineer Dollars Cents CY O $ 11 and per $ • 7. 626 LF Trench safety system (all depths) ( �l o e Dollars Eli and Cents per LF $ $ 8. 10 CY Class 'E' (1500#) concrete for miscellaneous [1 place t as directed by the Engineer 11 Dollars y� and t `lJ Cents per CY $ ')o. $ TD 0 9. 20 CY Class B' (2500#) concrete SQJ) Dollars and Cents per CY $ $ ��. ___ 0 10. 593 LF Permanent concrete pavement repair per i 1 Dollars and Cents per LF $ $ 11. 30 LF Concrete curb replacement Ill Dollars and Cents per LF $ $ ' _ 12. 45 LF Hydromulch II P1 U- Dollars and / tV Cents per LF $ $ TOTAL BID AMOUNT ...................................................... $ )2 I Q -'-- I] *See concrete cylinder pipe page following this section "The contractor shall indicate the 36" pipe material used in bid: [ ]AWWA C301 [ 1 Ductile iron pipe, Class 51, wrapped in polyethylene a9601600_Specs_Ad l .wpd B - 7 Addendum 1- January 29,1999 CONCRETE CYLINDER PIPE PROJECT NO. PW53-060530174340 Add or Subtract For the Following Concrete Fittings (Including Installation) Tapping Sleeve 36"X24" $ 1 1 a7O'-- Tees 36"X24" $ IQ 70 '- Bends 36"-45° $ 700 °.-- 36"-11.25° $ Reducer 36"X24" $ 9601600_Specs.wpd 0 0 0 0 ci 0 El I ii 0 El 0 0 0 J 0 0 PROJECT NO. PW53-060530174340 LIST OF DUCTILE IRON FITTINGS FOR WATER LINE AS REQUIRED BY E2.711A TO BE SUBMITTED WITH BID Add Or Subtract For The Following Ductile Iron Fittings, Including Installation Weight Each Fitting Total Weight No. of Fittings Type of Fitting (Tons) (Tons) 2 36"X24" Tapping Sleeve 1 36"X24" Tee 2 36"-45° Bend 1 36"-11.25° Bend 2 36"X24" Reducer Q9601600_Specs.wpd B - 9 0 a ci El £ 0 0 a 0 0 0 0 0 I 0 I I WATER LINE CROSSING NO. 1 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY. UNIT PRICES WRITTEN IN WORDS PRICE BID Furnish and install, including all appurtenant work, complete in place, the following items: 1. 150 LF 20" DIP water pipe, including blocking !U tUQn Dollars and Cents per LF $ l $ Lf 2. 1 TN Ductile iron & gray iron fittings for 20" ductile iron pipe, furnish and install, complete in place, with concrete blocking and stainless steel /n�bolts 1� �r�; tI `i d✓ r` fJCX F� Dollars (�R and Cents per TN $ cJ $ ____ C_J' 3. 1 EA z0" G to valve w/ vault and appurtenances Dollars and O Cents per EA $ ��WV • $ ✓ � 4. 1 LS River diversion system to include all labor, equipment, and materials necessary to install prior to construction and remove cfter c�`n�stryctao�q� ' T --\% V AN !� iUSL Dollars D�- and n� Cents per LS $ o,U• $ 5. 100 CY Ballast stone as directed by the Engineer l LLQ J l ` Dollars and Cents per CY $ Q • $ aciXD 6. 50 CY Crushed limestone as directed by the Engineer � ______________________Dollars and Cents per CY $ $ • 7. 100 LF Trench safety system (all depths) s\O Dollars and 1 lD Cents per LF $ _ $ VV 8. 1 LS Storm water pollution prevention Dollars and Cents per LS $ SDO) $ O O - fl 9601600_Specs.wpd B - 10 0 WATER LINE CROSSING NO. 1 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY. UNIT PRICES WRITTEN IN WORDS PRICE BID f1 9. 700 SY Hydromulch /� U �wO Dollars and / w Cents per SY $_ $ f 'tJ 10. 10 CY Class 'E' (1500#) concrete for miscellaneous placement as directed by the Engineer El_____________Dollars and (10 Cents per CY $ . $ 11. 20 CY Class 'B' (2500#) concrete Dollars and fl Cents per CY $ 1 �• $ LZ C�J 12. 2 EA PP jlocation �mark�errss D/tijO �%N �%UJ 7' DollarsB6) and __________________Cents per EA $ Q V $ t TOTAL BID AMOUNT ......................................................$ C XV7 D. 0 I 0 El 0 0 0 it Q9601600_Specs.wpd B - 11 I 0 0 0 0 PROJECT NO. PW53-060530174340 LIST OF DUCTILE IRON FITTINGS FOR WATER LINE AS REQUIRED BY E2.711A TO BE SUBMITTED WITH BID Add Or Subtract For The Following Ductile Iron Fittings, Including Installation No. of Fittings Type of Fitting Weight Each Fitting Total Weight (Tons) I bS (Tons) /bj 2 20" 45° Bend 7 1 20" 11.25° Bend DContractor shall fill in blanks for "Weight Each Fitting (Tons)" and "Total Weight (Tons)" as a part of bid. 0 I J Ii I I 0 I 0 0 0 9601600_Specs.wpd B - 12 WATER LINE CROSSING NO. 2 [} PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY. UNIT PRICES WRITTEN IN WORDS PRICE BID a Furnish and install, including all appurtenant work, complete in place, the following items: 1. 400 CY 4" to 18" diameter well -graded rock ti&O P U QDonars In and rtDCents per CY $ $ 7D00O` fl fill 2. 200 CY Select fip� (U 1 Dollars and Y11O Cents per CY $ I $�oo 3. 2 EA Pipe location markers wy ftF�J J T� Dollars �^ and Cents per EA $ $ 4. 1 LS Polyethylene wrap for joints as identified on plans two location s) DDollars Eliand V -O Cents per LS $ $ Q 5. 160 SY Turf reinforcement /�'matting � /� (��( 1 u'C� Dollars and Cents per SY $_ $ O 6. 1,400 SF Seeding n v Dollars' [1 and 'f1&) — v Cents per SF $ a $ ...................................................... TOTAL BID AMOUNT $ a a a El a O9601600_Specs.wpd B - 13 a WATER LINE CROSSING NO. 3 O PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY. UNIT PRICES WRITTEN IN WORDS PRICE BID flFurnish and install, including all appurtenant work, complete in place, the following items: 1. 145 LF 16" Water Pipe ��GG&qVq �D Dollars 4 and ('LO Cents per LF $ O . $ Q�IQI, 0 2. 3 CY Concrete Structural Blocking and Supports as indicated on Plans (to include all materials necessary) ii�� a ' fUd�f''GGJ Dollars �i1 and Y Lly�Cents per CY $ $ 33C0• U3. 1 LS Removal of Existing 16" Waterline and Concrete ,,Blocking �1 �f Ti �/ \" 1,� b120.BollarsEl (� and RD Cents per LS $ W $ 75Cc 0 4. 2 TN Ductile Iron and Gray Iron Fittings for 16" Water Pipe, Furnish and Install, Complete in Place, with Concrete Blocking and Stainless jSteel;�B�oltts �Q ^-_ 1��� 1�y� �( Dollars and '-.14-Z Cents per TN $ _ $ c. US. 1 EA 1" Combination Air and Vacuum Release Valve Mounted on Pipe Dollars i . and �-�L1_ - Cents per EA $ - $ D ...................................................... TOTAL BID AMOUNT $ 17 Ct) e a 0 0 in 0 0 9601600_Specs.wpd B - 14 0 0 I I I II 7 I I I i 7 r J I PROJECT NO. PW53-060530174340 LIST OF DUCTILE IRON FITTINGS FOR WATER LINE AS REQUIRED BY E2.711A TO BE SUBMITTED WITH BID Add Or Subtract For The Following Ductile Iron Fittings, Including Installation No. of Fittings Type of Fitting Weight Each Fitting (Tons) )b Total Weight (Tons) ) 1 Coupling Gland End 1 16" 450 Bend 4 16" 22.5° Bends Contractor shall fill in blanks for "Weight Each Fitting (Tons)" and "Total Weight (Tons)" as a part of bid. 0 9601600_Specs.wpd B - 15 C' BID SUMMARY ___________ Q BID AMOUNT FOURNIER STREET ....................$_________ 10TH STREET . . LI ........................ $ D CROSSING NO. 1 ....................... $ LI CROSSING NO. 2 ....................... $ l 7 5O ' DCROSSING NO. 3 ....................... $ 7 0100 °✓ TOTAL BID $ J iJ ) 70 �J I I 0 0 9601600_Specs.wpd B - 16 0 MATERIAL SUPPLIER INFORMATION FORM 0 0 I 1 0 CONCRETE CYLINDER PIPE The concrete pipe and valve supplier information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. f)1 rrul Q. —J—nil Name of Manufacturer Home Office Address of Man c cad. [�W6e, Location of plant in whit rb pipe and fittings are to be manufactured DUCTILE IRON PIPE Type of Pipe The ductile iron pipe and valve supplier information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. D Name of Manufacturer Type of Pipe Home Office Address of Manufacturer El Location of plant in which pipe and fittings are to be manufactured Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% Is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Project dated January 1, 1978, and the he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring a employee applicants to the undersigned are not discriminated against as prohibited by terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. 0 0 9601600_Specs.wpd B - 17 0 The Bidder agrees to begin construction within 14 calendar days after issue of the work order, and to complete the contract within 150 calender 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 0 0 0 0 ci II r. 0 0 0 Non-resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the stature is attached. Non-resident 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. Receipt is acknowledged o e following addenda: Addendum No. 1 (SEAL) If bidder is Corporation Addendum No. 2 Addendum No. 3 Respectfully submitted, nC1JMxitAjj1Thir By: 4i Title: 4 Address: 5 l o . &tn 1Jth..�l}�/' Aii t1i,,7Y7/,1/9 Telephone: '17— ? - 3Q3 0 9601600_Specs.wpd B - 18 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT $ ALL OTHER CHARGES $ *TOTAL $ *This total must agree with the total figure shown in Part B - Proposal, Total Amount Bid in the bound contract. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. NOTE: ONLY THE COPY OF THIS FORM ON THE BOUND CONTRACTS IS TO BE FILLED OUT. TOTAL UTILITIES $ WATER $ TOTAL $ 9601600_Specs.wpd B - 19 I 0 II II a I 17 I] I 0 1] 0 I I 0 I I PART C GENERAL CONDITIONS D9601600_Specs.wpd PART C - GENERAL CONDITIONS TABLE OF CONTENTS f1 NOVEMBER, 1, 1987 Li TABLE OF CONTENTS Cl-1 DEFINITIONS C1-1.1 Definition of Terms C1-i (1) C1-1.2 Contract Documents C1-1 (1) C1-1.3 Notice to Bidders Cl-1 (2) Cl-1.4 Proposal Cl-1 (2) Cl-1.5 Bidder Cl-1 (2) C1-1.6 General•Conditions Cl-1 (2) Cl-1.7 C1-1.8 Special Conditions Specifications Cl-1 Cl-i (2) (2) Cl-1.9 Bond Cl-1 (2) C1-1.10 Contract Cl-1 (3) C1-1.11 Plans Cl-1 (3) Cl-1.12 City Cl-1 (3) C1-1.13 City Council Cl-1 (3) C1-1.14 Mayor Cl-1 (3) Cl-1.15 City Manager Cl-1 (3) C1-1.16 City Attorney Cl-1 (3) Cl-1.17 Director of Public Works Cl-i (4) C1-1.18 Director, City Water Department Cl-1 (4) Cl-1.19 Engineer Cl-1 (4) C1-1.20 Contractor Cl-1 (4) Cl-1.21 Sureties Cl-1 (4) Cl-1.22 The Work or Project Cl-1 (4) Cl-1.23 Working Day Cl-1 (4) Cl-1.24 Cl-1.25 Calendar Day Legal Holiday Cl-i Cl-i (4) (4) Cl-1.26 Abbreviations Cl-1 (5) Cl-1.27 Change Order Cl-1 (6) Cl-1.28 Paved Streets and Alleys Cl-i (6) Cl-1.29 Unpaved Streets and Alleys Cl-i (6) C1-1.30 City Streets Cl-1 (6) Cl-1.31 Roadway Cl-1 (6) Cl-1.32 Gravel Street Cl-1 (6) I' C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) I I (1) n C2-2.7 Delivery of Proposal C2-2 (4) C2-2.8 Withdrawing Proposals C2-2 (4) C2-2.9 Telegraphic Modification of Proposals C2-2 (4) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (5) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterpise Women -Owned Business Enterprise compliance C3-3 (1) C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (2) 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 (4) C3-3.9 Failure to Execute Contract C3-3 (4) C3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 !1) C5-5.3 Coordination of Contract Documents C5-5 (2) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5.11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6) C5-5.13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and Utilities C5-5 (7) C5-5.15 Interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8) C5-5.17 Cleanup C5-5 (8) C5-5.18 Final Inspection C5-5 (9) (2) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (2) Li C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges of Contractor in Streets, Alleys, and Right -of -Way C6-6 (3) C6-6.7 Railway Crossings C6-6 (4) C6-6.8 Barricades, Warnings and Watchmen C6-6 (4) C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5) C6-6.10 Work Within Easements C6-6 (6) C6-6.11 Independent Contractor C6-6 (8) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (8) 1 C6-6.13 Contractor's Claim for Damages C6-6 (10) C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6.20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS LJ C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of Operations C7-7 (2) C7-7.5 Character of Workman and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (4) • C7-7.8 Extension of time of Completion C7-7 (4) C7-7.9 Delays C7-7 (4) • C7-7.10 C7-7.11 Time of Completion Suspension by Court Order C7-7 C7-7 (5) (6) C7-7.12 Temporary Suspension C7-7 (6) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9) C7-7-.16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) L'J 0 (3) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage 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 Adquacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (5) C8-8.12 Miscellaneous Placement of Material C8-8 (5) C8-8.13 Record Documents C8-8 (5) (4) PART C - GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS Cl-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE'TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS El -White E2 -Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) Cl-1 (1) Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1 1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to -have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and I read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. 1 C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the ' specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract I Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. IC1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, I etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and 1 Cl-1 (2) I 0 faithful following: a. b. C. d. performance of the contract and include the a Performance Bond (see paragraph C3-3.7) Payment Bond (see paragraph C3-3.7) Maintenance Bond (see paragraph C3-3.7) Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of •the two contracting parties about the project to be completed under the Contract Documents. Cl-l.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound' separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were 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 Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1 (3) ►I li Cl-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the Li City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. Cl-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. Cl-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub -contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. 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 ri which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as paragraph C7-7.6, permitted in Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week ,f} or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: r Cl-1 (4) 1. New Year's Day 2. M. L. King, Jr. Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Thanksgiving Friday 8. Christmas Day 9. Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monda-y--in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. Cl-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHT0 - American Association of MGD State Highway Transportation Officials ASCE - American Society of Civil Engineers LAW - In Accordance With ASTM - American Society of Testing Materials AWWA - American Water Works Association ASA - American Standards Association HI - Hydraulic Institute Asph. - Asphalt Ave. - Avenue Blvd. - Boulevard CI - Cast Iron CL - Center Line GI - Galvanized Iron Lin. - Linear or Lineal lb. - Pound MH - Manhole Max. - Maximum Cl-1 (5) - Million Gallons Per Day CFS - Cubic Foot per Second Min. - Minimum Mono.- Monolithic % - Percentum R - Radius I.D. - Inside Diameter O.D. - Oucside Diameter Elev.- Elevation F - Fahrenheit C - Centigrade In. - Inch Ft. - Foot St. - Street CY - Cubic Yard Yd. - Yard SY - Square Yard L.F. - Linear Foot D.I. —Ductile Iron r] [il Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from I information as necessary furnished by the Contractor. Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 1 5. Any combination of the above. Cl-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." Cl-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. Cl-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') feet 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 any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the jstreet surface before any improvement was made. I I [�1 Cl-1 (6) [41 0 SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND _✓ PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. by- The financial statement required shall have been prepared Y an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be fl required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which are to be received. The Director of the Water department shall be sole judge as to the acceptability of expe-rience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has 1 available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. , C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal I C2-2(1) I Li 0 0 forms or other parts of the Contract Documents will be fl considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. L C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just 1 as though such addenda were actually written into the original Contract Documents. I I I I I I I I [Ii I Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and 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 the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time requited for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) [ii Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: -,-The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the price, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is 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(3) C i+1 C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to 1 Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the*"Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been I properly filed may, at the option of the Owner, be returned unopened. e 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 City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non -consideration Request" e 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 I which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2 (5) 111 PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: Ll i C a a Li] 0 D [I] I I C3-3.1 CONSIDERATION OF PROPOSALS: opened and read aloud, the proposals basis of the quoted prices, the proposal, and the -application of methods of bringing items to a established in the Contract Document; After proposals have been will be tabulated on the quantities shown in the such formulas or other common basis as may be a. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman -owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or nature will bE initiating an) local laws ar further, any disqualif icat bidding on ful time of not le: WBE. Any material misrepresentation of any grounds for termination of the contract and for action under appropriate federal, state or d ordinances relating to false statements; such misrepresentation may be grounds for ion of Contractor at Owner's discretion for .ure Contracts with the Owner for a period of s than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. I LI C3-3 (1) I ft A The Contractor on the project shall post the required notice to site, and, at his request, will that effect 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. o C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee... The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: I a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, I guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance 0 C3-3 (2) 0 bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) C� 0 new surety satisfactory to the Owner. No payment will be made I under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by eeither the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered. by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by 8 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 O damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. fl C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. e C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has o been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub -contractors' EJ C3-3 (4) C certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub -contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub -contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub -contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of. this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above -mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub -contractors). 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). 4. Damage to underground utilities for $500,000. C3-3 (5) 0 I I I I I I I I El I 0 0 I I fl I e 5. Builder's risk (where above -ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub -contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against 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 amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub -contractor, should the Prime Contractor's insurance not cover the sub -contractor's work operations. a. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) n City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth -Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period: A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth -Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) a 0 [;j n 0 D a !I' ail matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth -Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signe8 and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. Q C3-3.15 VENUE: Venue of•any action hereinunder shall be exclusively in Tarrant County, Texas. EL 0 HI 0 0 C3-3 (8) 0 PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and -intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work, as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) t 3 ri waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 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 shallnot 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: ii a. Unit bid price previously approved. b. An agreed lump sum. c. The actual. reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) li actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the cost of such extra work. The fixed fee is _actual not to include any additional profit to the Contractor for rental of equipment owned by him and P used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method 0 C4-4 (2) suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for 'extra work' whether or not iniitiated by a 'change order' shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There C4-4 (3) fr� shall be presented also a composite graph showing the Tl anticipated progress of construction with the time being ii plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. � 3 C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit t0 the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. 1 Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. i► 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 Li of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time is constraints, sequencing requirements and completion time. b. - The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. U C4-4 (4) 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 fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by. activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable). 8. Final inspection. C4-4 (5) ft FIi 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction e plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the • time specified. [ii C [I' n 0 Li I I C4-4 (6) I I PART C - GENERAL C5-5 CONTROL OF MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS CONDITIONS WORK AND C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished,, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request o.f the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross -sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. I I C5-5 (1) C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements, appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive -resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. n I I The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2) I I P C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and r=eplaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor' to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost I thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed C5-5 (5) D II U P I I 8 Eli I 8 El I 8 substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the•Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of theContract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed" on wooden platforms or other hard, clean durable surfaces and not on the C5-5 (6) ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown -on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case•. the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion 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. C5-5 (7) 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be inter- rupted on between the hours of and This inconvenience will be as short as possible. Thank you, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub -contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other ii Contractor or sub -contractor by agreement or arbitration. If such other Contractor or sub -contractor shall assert any claim against the Owner on account of any damage alleged to have Pt been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: ' Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty -fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the e C5-5 (8) unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (9) PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. I I fl I I I I C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade -marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trade -mark or copy right in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. f', C6-6 (1) C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the 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 so 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 he absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) r r f n gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A 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 stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be C6-6 (3) 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 upop the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 (4) ppr. Ii f�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 8780-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a it temporary sign meeting the requirements of the above Li referenced manual and such temporary sign must beinstalled prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the tt work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and 13 disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for ie which unit or lump sum prices are requested in the Proposal. O6-6.9 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 C6-6 (5) r advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the - care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will 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 own expense. Such additional rights -of -way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) rr Li every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and fl to all other public or private property along adjacent to the U work. fl The Contractor shall notify the proper representatives of [1 owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by ► repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project C6-6 (7) 11 proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and.invit.ees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real o.r asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (8) in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, q licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, ,a licenses, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, rr unless the Contractor shall submit written evidence Li satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30 -day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance ofsuchwork, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a U period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in [1 writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the C6-6 (9) r i expiration of the six month period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage C6-6 (10) U received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and +. maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves*.is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. U C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put 1. into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of [1 the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall 13 be performed by the -Contractor at his own 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 r♦ C6-6 (11) � 1 L. thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly -owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. C6-6 (12) 0 Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division 0 Capitol Station Austin, TX Ul a a 0 [I] 0 e [I] [$1 0 a C6-6 (13) a iI Ll PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workman under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these 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 to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, Li to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, fl or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of I C7-7 (1) I prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 (2) F9 t1 I otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall starting with the first day of work completed as Cl-1.23 "WORKING DAY" or the date stipulated in ORDER" for beginning work, whichever comes first. be computed defined in the "WORK Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the proceeding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. 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 C1-1.24 and the Contractor may work as he so desires. C7-7 (3) L' C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval . In adjusting the contract time for completion of work, consideration will be given to unforseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub -contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if C7-7 (4) 1 F] F] I I I I I I 0 I 1 [1 I I I I LI any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified it other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 C7-7 (5) $ 500,001 to $1,000,000 inclusive $ 315.00 $1,000,001 to $2,000,000 inclusive $ 420.00 $2,000,001 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, :and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) L k I I I I I I I B I El I I n I I U] 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 Ownet finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: - a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. C7-7 (7) RI b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. c. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the•Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written C7-7 (8) consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the I Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, 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 Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have C7-7 (9) Q been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by. the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such ri discretionary action. �f B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of • termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: D C7-7 (10) 0 a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted shall be i subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60 -day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. C7-7 (11) D. AMOUNTS: Subject to the provisions of Item C7 -7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7 -7.16(E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all unliquidated advance or ocher payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an C7-7 (12) equitable adjustment of the price or prices specified in the contract relating to the continued '► portion of the contract (the portion not terminated tk by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued.portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter tha rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work:to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. �� C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 (1) l_r is before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense 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, imperfection, or'damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1st and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the the time of the estimate have not been installed. (such payment will be allowed on a basis of 85% of the net invoice value thereof.) The Contractor shall furnish the Engineer such information as he may request to aid C8-8 (2) a him as a guide in the verification or the preparation of partial estimates. OIt is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates D and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of O 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. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work Q strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or TI estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. 0 C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and a 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 the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been D completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and a recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided O for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements ofthe Contract Documents have been fulfilled on the part of the afl Contractor, a final estimate showing the value of the work _will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. aC8-8 (3) The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under 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 thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or works anship. The Contractor shall remedy any defects or damages in the work and C8-8 (4) 0 I Li Eli I n I H n I I I I'll I I B pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outline. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one -tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. C8-8 (5) 0 SECTION Cl SUPPLEMENTARY CONDITIONS TO SECTION C 0 0 0 II W SUPPLEMENTARY CONDITIONS TO PART C A. General These Supplementary Conditions amend or supplement the General Conditions of the fl Contract and other provisions of the Contract Documents as indicated below. Ii Provisions which are not so amended or supplemented remain in full force and affect. [] B. Paragraph C3-3.2 should be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. C. Part C - General Conditions: C3-3.7 Bonds, the paragraph after subparagraph d. Change the paragraph to read as follows: 0 I "No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties {Circular 870}, or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one -tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas." ID. Section C8-8.5 should be deleted in its entirety and replaced with the following: I I I Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5thday and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable Cl-1 t 0 C L$J 0 0 a a nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included which a pay estimate, payment shall be based upon 85%of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten percent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial fl pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of any partial pay Owner of the amount of work done or of its quality or sufficiency or as 0 an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. rj The City reserves the right to withhold the payment of any partial estimate if the [j Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. flE. Part C - General Conditions: Paragraph C3-3.11: Delete subparagraph a. F. Part C - General Conditions: Paragraph C3-3.11: Delete subparagraph g. a a a c1 C1-2 Li 0 0 I 0 ci I n Pte_ J SPECIAL CONDITIONS JO :i 11 7 J 7 I9601600_Specs.wpd SPECIAL CONDITIONS D-1 AWARD OF CONTRACT.................................................................... SC -1 D-2 SUBMISSION OF CONTRACT DOCUMENTS, CONSTRUCTION START TIME AND PRE -CONSTRUCTION SUBMITTALS............................................................................. SC -1 D-3 GENERAL................................................................................ SC -1 D-4 TAX EXEMPTIONS......................................................................... SC -2 D-5 PROJECT DESIGNATION......................:............................................ SC -2 D-6 EQUAL EMPLOYMENT PROVISIONS.........................................................SC-2 D-7 PRE -CONSTRUCTION CONFERENCE...................................................... .. SC -3 D-8 COORDINATION MEETINGS................................................................ SC -3 D-9 PROJECT ABANDONMENT................................................................. SC -3 D-10 BREAKDOWN OF BID PROPOSAL........................................................... SC -3 D-11 INDEMNIFICATION....................................................................... SC -3 D-12 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ........................... SC -3 D-13 MINORITY AND WOMEN'S BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ...................... SC -4 D-14 CITY FURNISHED MATERIALS [OMITTED)..................................................SC-5 D-15 SUBSIDIARY WORK......................................................................... SC -5 D-16 WAGE RATES............................................................................. SC -5 D-17 EASEMENTS AND PERMITS................................................................ SC -6 D-18 COORDINATION WITH FORT WORTH WATER DEPARTMENT ................................... SC -6 D-19 DAMAGE TO PRIVATE PROPERTY............................................................ SC -7 D-20 SHOP DRAWINGS......................................................................... SC -7 D-21 CROSSING OF EXISTING UTILITIES......................................................... SC -7 D-22 EXISTING UTILITIES AND IMPROVEMENTS.................................................. SG7 D-23 CONSTRUCTION TRAFFIC OVER PIPELINES ................................................. SC -7 D-24 TRAFFIC CONTROL ............. SC -7 D-25 PAYMENT................................................................................ SC -8 D-26 DELAYS.................................................................................. SC -8 D-27 DETOURS .............................................................................. S,C-8 D-28 BARRICADES AND WARNING SIGNS......................................................... SC -8 D-29 EXAMINATION OF SITE.................................................................... SC -8 D-30 ZONING COMPLIANCE..................................................................... SG8 D-31 WATER FOR: CONSTRUCTION............................................................... SC -8 D-32 WASTE MATERIAL........................................................................ SG8 D-33 CLEANUP FOR FINAL ACCEPTANCE........................................................ SC -8 D-34 PROPERTY ACCESS ..................................................................... SC -8 D-35 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK .................................... SG8 D-36 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES ................................. SCG9 D-37 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS ...................................... SC -9 D-38 SANITARY FACILITIES FOR WORKERS ...................................................... SC -9 D-39 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC..................................SC-9 D-40 RIGHT TO AUDIT......................................................................... SC -10 D-41 INCREASE OR DECREASE IN QUANTITIES .................................................. SC -10 D-42 CUTTING OF CONCRETE.................................................................. SC -10 D-43 PROJECT DESIGNATION SIGN............................................................. SC -10 D-44 CONCRETE SIDEWALK AND,DRIVEWAY REPLACEMENT ..................................... SC -11 D-45 MISCELLANEOUS PLACEMENT OF MATERIAL ............................................... SC -11 D-46 TYPE "C'BACKFILL...................................................................... SC -11 D-47 CRUSHED LIMESTONE BACKFILL......................................................... SC -11 D-48 2:27 CONCRETE ........... ............................ ............................... SC -11 D-49 TRENCH EXCAVATION, BACKFILL, AND COMPACTION ....................................... SC -11 D-50 PAVEMENT REPAIR (E2-19)................................................................ SC -12 D-51 TRENCH SAFETY SYSTEM FOR WATER DEPARTMENT PROJECTS ONLY ....................... SC -12 D-52 SANITARY SEWER MANHOLES............................................................. SC -13 D-53 SANITARY SEWER SERVICES.............................................................. SC -15 D-54 NOT USED.............................................................................. SC -15 D-55 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES ......................... SC -15 D-56 DETECTABLE WARNING TAPES........................................................... SC -16 D-57 PIPE CLEANING......................................................................... SC -16 D-58 BARRICADES, WARNINGS, AND FLAGMEN..................................................SC-16 D-59 DISPOSAL OF SPOIL/FILL MATERIAL....................................................... SC -16 D-60 MECHANICS AND MATERIALMEN'S LIEN ................................................... SC -17 D-61 SUBSTITUTIONS.......................................................................... SC -17 D-62 PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ........................ SC -17 D-63 VACUUM TESTING OF SANITARY SEWER MANHOLES ........................................ SC -19 D-64 BYPASS PUMPING........................................................................ SC -19 D-65 ...................... POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER . SC -19 D-66 SAMPLES AND QUALITY CONTROL TESTING ................................................ SC -21 D-67 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL ....................... SC -21 D-68 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ................................. SC -21 D-69 PROTECTION OF TREES, PLANTS AND SOIL ................................................ SC -22 9601600_Specs_PartD.wpd SC-i Revised 12/09/98 Fl D-70 SITE RESTORATION...................................................................... SC -22 D-71 CITY OF FORT WORTH STANDARD PRODUCT LIST ............................................ SC -22 D-72 STATE • REVOLVING FUND (SRF) REQUIREMENTS............................................SC-22 D-73 TOPSOIL, SODDING AND SEEDING......................................................... SC -22 D-74 CONFINED SPACE ENTRY PROGRAM....................................................... SC -25 D-75 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION ............................... SC -26 D-76 EXCAVATION NEAR TREES................................................................ SC -26 D D-77 D-78 CONCRETE ENCASEMENT OF SEWER PIPE ..........................:...................... CLAY DAM .. SC -26 SC -26 D-79 EXPLORATORY EXCAVATION (D -HOLE) ..................................................... SC -26 D-80 INSTALLATION OF WATER FACILITIES..................................................... SC -27 D-81 D-82 SPRINKLING FOR DUST CONTROL......................................................... DEWATERING........................................................................... SC -30 SC -30 D-83 TRENCH EXCAVATION ON DEEP TRENCHES ................................................ SC -30 D-84 •TREE PRUNING..............................................................:............ SC -30 D-85 D-86 TREE REMOVAL......................................................................... ROCK RIPRAP........................................................................... SC -31 SC -31 0 D a 0 0 0 0 0 1J 0 0 0 D9601600_Specs_PartD.wpd SC -ii = = Revised 12/09/98 FOR: WATER REHABILITATION CONTRACT II FOURNIER STREET, 10TH STREET & THREE TRINITY RIVER CROSSINGS FORT WORTH, TEXAS WATER PROJECT NO. PW 53060530174340- D.O.E. NO. 1352 D-1 AWARD OF CONTRACT: The City reserves the right to abandon without obligation to the contractor, any part of the project, or the entire project, at any time before the contractor begins any construction work authorized by the City. Award, if made, shall be to the responsive low bidder. The following shall apply for contract documents with multiple units of work. Each unit represents a separate project, each with an individual M/WBE specification and proposal section. The proposal sections are arranged to allow prospective bidders to submit bids on one unit, some of the units, or all of the units. Award of contract(s), if made, shall be to the responsive low bidder for each individual unit. If a contractor is the responsive low bidder on two units or more, a single set of contract documents consisting of all applicable units will be created and one single award of contract shall be made. The Contractor shall comply with the City's M/WBE Ordinance on each unit. Bidders shall submit individual and separate monthly M/WBE reports for each Unit included in the Contract. Construction time on all units will run concurrently. For situations involving approved contracts with multiple units, the total allowable construction completion time period for all the units shall be the same as the unit with the longest construction time period. D-2 SUBMISSION OF CONTRACT DOCUMENTS, CONSTRUCTION START TIME AND -PRE -CONSTRUCTION SUBMITTALS: The contractor(s) shall execute and return the contract documents to the Engineer within ten (10) working days after notification by the City. A Pre -Construction meeting date will be established and noted in the Letter to Contractor. The effective work order date will be set at the pre -construction conference. The contractor(s) shall be required to start construction on the project no later than ten (10) calendar days after the pre - construction meeting date. The City shall begin to charge time on the project to the contractor eleven days after the pre - construction meeting date. Per City ordinance 11923, the contractor(s) shall submit the letters of intent or a copy of the agreements with the approved M/WBE subcontractor(s) at or before the pre -construction conference. To expedite M/WBE compliance contractors are strongly encouraged to submit the executed letters of intent (with M/WBE subcontractors) at the time of submittal of the UTILIZATION FORM or GOOD FAITH EFFORT FORM. The letter(s) must be signed by both parties. If the contractor(s) fails to submit the letter(s) or agreement(s), the contractor(s) will not be allowed to begin work. Time on the project will start to accumulate at the end of the ten (10) days as stipulated above. Additional submittals at time of pre -construction meeting shall include (but not limited to): Contractors Work Plan and Schedule Disposal Site for Waste Material Information Sub -Contractor Identification Trench Safety Design (if required) Confined Space Entry Program Name and number of a responsible person for off hour emergencies Project schedule which must reflect a project completion date to be determined by the completion time period stipulated in the proposal section. The pre -construction conference is intended as a forum between the contractor and the appropriate City staff to go over the project in detail and to afford the contractor the opportunity to submit all the required documents listed above. If the contractor fails to submit any of the required documents, the contractor will not be allowed to begin work and time on the project will start to accumulate. D-3 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 and shall govern over any conflicts with the General Contract Documents 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 one (1) year from date of final acceptance of this project by the City Council of 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. 9601600_Specs_PartD.wpd SC -1 Revised 12/09/98 The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. Contract, if awarded, shall be as described in "Award of Contract" above. 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 D 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 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRAL TEXAS jj 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 D Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: fl A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Owner 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". B. WITHDRAWING PROPOSALS: Proposals actually filed with the Owner 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 Engineer, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty- (' -J+ eight (48) hours after the proposal -opening time, no further consideration will be given to the proposal. D-4 TAX EXEMPTIONS: This contract is issued by an organization which qualifies for exemption pursuant of 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. All such taxes shall be included in the various amounts on the Proposal Form. The successful Bidder shall be required to submit a breakdown between labor and material costs prior to execution of the contract. D-5 PROJECT DESIGNATION: Construction under these Special Documents shall be performed under the Project Designation: Project No. PW 53-0`60530174340. D-6 EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) 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. D9601600_Specs_PartD.wpd SC -2 Revised 12/09/98 D-7 PRE -CONSTRUCTION CONFERENCE: Before the project work order is issued, a pre -construction conference shall be held with representatives of the following agencies present: City Engineering Department, City Water Department, City Public Works Department, other interested City Departments (such as Traffic), interested utility companies (such as gas, telephone, and electric), Design Engineer and,the successful Contractor. Contractor shall submit a schedule of operations at the pre -construction conference. D-8 COORDINATION MEETINGS: For coordination purposes, weekly meetings at the job site may be required to maintain the project on thedesired schedule. The Contractor shall be present at all meetings. D-9 PROJECT ABANDONMENT: The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. D-10 BREAKDOWN OF BID PROPOSAL: When requested by the Engineer, the Contractor shall furnish a cost breakdown of those bid items shown in the Proposal as lump sum items. This information is for use in the preparation of a recommendation to the City for award of contract. D-11 INDEMNIFICATION: The Contractor agrees to fully indemnify and save whole and harmless the City, Owner and Engineer from all costs or damages arising out of any real or asserted claim or cause of action against it of any kind or character and in addition from any and all costs or damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted, claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, his agents, servants and employees. The Contractor further agrees to comply with all applicable laws, regulations, ordinances, building and construction codes of the City of Fort Worth and State of Texas and with any regulations for the protection of workers which may be promulgated by the Government and shall protect such work with all necessary lights, barriers, safeguards and warnings as are provided for in said specifications and in the ordinances of said City. D-12 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation'insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 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. 0 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. 9601600_Specs_PartD.wpd SC -3 Revised 12/09/98 D 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 O 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 o 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 El extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the -Contractor:' Qa) 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 om.the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 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 othe₹ civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach D 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. D 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: I] "REQUIRED WORKER'S COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must U be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. "Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". D-13 MINORITY AND WOMEN'S BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of U Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. The M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) city business days after bid opening. Failure to comply shall render the bid non -responsive. 9601600_Specs_PartD.wpd SC -4 Revised 12/09/98 Upon request, contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission 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 statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time, of not less than three years. The City will consider the contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non -responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NGTRCA) or Texas Department of Transportation (TXDOT), Highway Division and must be located in the nine (9) county marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non -responsive. Whenever a change order affects the work pf an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall: Make no unjustified changes or deletions in it's MIWBE participation commitments submitted with or subsequent to the bid, and,, If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the contractor had represented he would perform with his forces, the contractor shall notify the City before subcontracts or purchase orders are let, andshall be required topomply with modifications to goals as determined by the City, and, . Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a) Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b) Failure of Subcontractor to provide required general liability of other insurance. c) Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d) Default by the M/WBE subcontractor or supplier in the performance of the. subcontractor. Within ten (10) days after final payment from the City, the contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. D-14 CITY FURNISHED MATERIALS (OMITTED) D-15 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal for each bid item. Surface restoration, removal and replacement of fencing, and cleanup are general items of work which fall in the category of subsidiary work. D-16 WAGE RATES: The labor classifications and minimum sage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any Subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. 9601600_Specs_PartD.wpd SC -5 Revised 12/09/98 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1995 CLASSIFICATION RATE CLASSIFICATION RATE Air Tool Operator $7.554 Foundation Drill Operator Asphalt Raker $8.565 (Truck Mounted) $11.138 Asphalt Shoveler $8.255 Foundation Drill Oper Helper Batching Plant Weigher $9.371 Front End Loader (2 % CY or Less) $8.823 Batterboard Setter $8.920 Front End Loader (Over 2 % CY) $9.311 Carpenter $9.447 Hoist (Double Drum & Less) $8.917 U Concrete Finisher (PAV) $9.345 Milling Machine Operator $6.650 Concrete Finisher (STRS) $9.058 Mixer (Over 16 CF) $9.000 Concrete Rubber $7.733 Mixer (16 CF & Less) $7.913 Electrician $12.761 Mixer - Concrete Paving $9.500 Flagger $5.598 Motor Grader Operator (Fine Grade) $10.346 Form Builder (STRS) $8.717 Motor Grader Operator $9.891 Form Liner $8.913 Pavement Marking Machine $6.402 Form Setter (Pav & Curb) $8.686 Posthole Driller Operator $9.000 D Form Setter (Structures) $8.427 Roller, Steel Wheel Laborer, Common $6.402 (Plant -Mix Pavements) $8.339 Laborer, Utility $7.461 Roller, Steel Wheel Bulldozer Mechanic Oiler $10.658 (Flatwheel or Tamping) $8.698 Roller, Pneumatic Self -Pro $7.963 $7.403 Servicer $8.104 Scraper - 17 CY & Less $8.138 Piledriver $7.500 Scraper - Over 17 CY $8.205 Pipelayer $8.509 Side Boom $7.793 Blaster $11.333 Tractor - Crawler Type (150 HP & Less) $8.448 D Tractor - Crawler Type (Over 150 HP) $8.873 POWER EQUIPMENT OPERATORS Tractor - Pneumatic $7.735 Asphalt Distributor $8.404 Traveling Mixer $7.615 Asphalt Paving Machine $9.053 Trenching Machine - Light $8.188 II � Broom or Sweeper Operator $7.908 Trenching Machine - Heavy $12.498 Bulldozer, 150 HP or Less $8.703 Wagon -Drill, Boring Machine $9.000 Bulldozer, Over 150 HP $9.160 Reinforcing Steel Setter (Paving) $9.218 Concrete Paving Curing Mach. $8.213 Reinforcing Steel Setter (Structural) $11.548 [J Concrete Pav Finishing Mach. $9.453 Steel Worker - Structural $16.300 Concrete Paving Form Grader $8.500 Sign Erector $11.436 Concrete Paving Joint Mach. $9.042 Spreader Box Operator $6.988 [J Concrete Paving Joint Sealer Concrete Paving Float $7.350 Barricade Servicer Zone Wk. $7.875 Mounted Sign Installer $6.402 Concrete Paving Saw $9.290 (Permanent Ground) $6.402 Concrete Paving Spreader $9.750 Truck Driver - Single Axle (Light) $7.465 Slipform Machine $9.000 Truck Driver - Single Axle (Heavy) $8.067 Crane, Clamshell, Backhoe, Derrick, Truck Driver - Tandem Axle Dragline, Shovel (Less than 1 V2 cy) $9:513 (Semi -Trailer) r $7.816 Crane, Clamshell, Backhoe, Derrick, Truck Driver - Lowboy/Float $9.653 Dragline, Shovel (1 % cy & Over) $10.517 Truck Driver - Transit Mix $7.507 n Crushing or Scrng Pit Opr. $9.500 Truck Driver - Winch $8.200 I! Elevating Grader Foundation Vibrator Operator $7.000 J! Drill Oper. (Crawler Mounted) $10.000 Welder $10.459 U D-17 EASEMENTS AND PERMITS: The performance of this contract requires certain temporary construction and/or right -of -entry agreements to perform work on private property. The City has attempted to obtain the temporary construction and/or right -of -entry agreements for properties where construction activity is necessary on City owped facilities, such as sewer lines or manholes. For locations where the City was unable to obtain the easement or right -of -entry, it shall be the Contractor's Q responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements which the Cityhasobtained, are available to the Contractor for review by contacting the plans desk at the Department of Engineering, City of Fort Worth. 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. D-18 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. 9601600_Specs_PartD.wpd SC -6 Revised 12/09/98 D-19 DAMAGE TO PRIVATE PROPERTY: The Contractor shall immediately repair or replace any damage to private property, including but not limited to fences, walls, pavement and water and sewer services, at no cost to the Owner. This shall be subsidiary to the contract and not a separate pay item. D-20 SHOP DRAWINGS: Shop drawings shall be submitted by the Contractor to the Construction Engineer, for all equipment and materials for this project. Shop drawings shall be submitted in quintuple (5) and two (2) shall be returned to the Contractor. Shop drawings must be approved by the Engineer prior to the start of work. D-21 ' 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 water tight or be constructed of ductile iron pipe. The required length of replacement shall be determinedly the Engineer. 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. Payment for work such as backfill, fittings, tie-ins and all other associated appurtenances required, shall be included in the linear foot price of the appropriate bid item. D-22 EXISTING UTILITIES AND IMPROVEMENTS: The plans show the locations of all known surface and subsurface structures. However, the Owner and Engineer assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction operations. Contractor shall make all necessary provisions for the support, protection, relocation, and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. 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 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. Any and all permanent structures such as parking lot surface, fencing, and like structures shall be replaced at no cost to the Owner by material of equal value and quality as that damaged. In case it is necessary to change or move the property of any Owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of.the utilities involved and from evidences found on the ground. D-23 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 line and the existing lines from these possibly excessive loads. The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense, to the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent` crossings of the pipes are allowed. It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation. D-24 TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provision set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. In addition, the Contractor shall comply with City of Fort Worth, Texas, February 1979, Traffic Control Handbook for Construction and Maintenance Work Areas. 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/Public Works Department, Signs and Markings Division, (Phone Number 871-8100) to remove the sign. In the 9601600_Specs_PartD.wpd SC -7 Revised 12/09/98 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. U 1. The Contractor shall furnish barricades, flares, etc., for the protection of the public and the work. 2. The cost of the traffic control shall be included in the price bid for pipe complete in place as bid in the Proposal, and no other compensation will be allowed. 3. The Contractor shall furnish a traffic control plan to the City at the pre -construction meeting. The cost for traffic control shall be subsidiary to the unit prices for this project. D-25 PAYMENT: Payment for all work and material involved in salvaging, abandoning, and/or removing of existing facilities shall be included in the linear foot bid price of the pipe except as follows: 1. Separate payment will be made for removal of all fire hydrants, gate valves 16 -inch and larger, and sanitary sewer manholes regardless of location. 2. Payment will be made for salvaging, abandoning, and/or removing of all other existing facilities when said facility is not being replaced in the same trench, i.e., when removal requires a separate trenching operation. D-26 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer, and if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such 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. D-27 DETOURS: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic Uand pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. D-28 BARRICADES AND WARNING SIGNS: Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1"'or latest edition there of. U D-29 EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions which may affect construction of this=project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, U 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 D-30 ZONING COMPLIANCE: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. D-31 WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. D-32 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-33 CLEANUP FOR FINAL ACCEPTANCE: Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway, right-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. Final acceptance of the completed project work shall be given by the City of Fort Worth Department of Engineering. D-34 PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the UEngineer. D-35 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK: Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a schedule outlining the anticipated time for each phase of construction with starting and completion dates, including sufficient time being allowed for cleanup. [} 9601600_Specs�artD.wpd SC -8 Revised 12/09/98 D-36 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The•following procedures will be followed regarding the subject itenion this contract: 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipmeht that may be operated within ten feet of high voltage lines shall have insulating cage -type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of_high voltage electric lines, notification shall be given the power company (Texas Utility Electric) 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 Texas Utility Electric, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the Texas Electric Service company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-37 CONTRACTOR'S RESPONSIBILITY -FOR DAMAGE CLAIMS: The Contractor covenants and agrees to indemnify, hold harmless and defend the City, and their officers, agents servants or employees, and/or owners of the units and lot abutting the units in this contract from and against any and all claims for damages of injuries, including death, to any and all persons or property, of whatsoever kind of character, whether real or asserted, arising out of or incident to the services relating to the project to be performed by said Contractor, its officers, agents, servants or employees, under the terms and conditions of this Contract, whether or not caused by negligence on the part of the City, or their officers, agents, servants or employees; and said Contractor does hereby covenant and agree to assume all liability and responsibility of City for injuries, claims or suits for damages to any and all persons or property, of whatsoever kind or character, occurring during the term of this agreement and arising out of or by reason of service, covenants or agreements performed by said Contractor, its officers, agents, servants or employees. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless the City from and against any and all injuries or damages to property of City during the performance of any of the terms and conditions of this "Contract, whether arising out of or in connection with or resulting from any and all acts or omissions of the City, their officers, agents, servants, or employees, or caused by negligence on the part of. City, or their officers, agents, servants employees and/or owners of the units and lots abutting the units in this contract. In the event a written claim for damages against the Contractor remains unsettled at the time all work on the project has been completed to the satisfaction of the Director for the Department of Engineering, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of Department of Engineering for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. Although the claim concerned remains unsettled as of the expiration of the above 30 -day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance for the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: The claim has been settled and a release has been obtained from the claimant involved, 'or Good faith efforts have been made to settle such outstanding class, and such good faith efforts have failed. If condition (1). above is met at any time within the six-month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six-month period, the Director may recommend that the final payment tbihe Contractor be made. At the expiration of the six-month period, the Director may recommend that final payment be made if all other work has been performed and all other obligation of the -Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Department of Engineering contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract or under a 'developer -let contract for City of Fort Worth street and/or storm drainage facilities. D-38 SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary sanitary conveniences for the use of workers at the project site. Specific attention is directed to this requirement. D-39 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor'a particular attention is directed,to the requirements of Item C-6-6, "Legal Relations and Responsibilities to the Public" of the Fort Worth General Conditions. 9601600_Specs PartD.wpd SC -9 Revised 12/09/98 D-40 RIGHT TO AUDIT: A. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space Din order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor U agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. C. Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: D1. copies and under - 10 cents per page 2. more than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter D D-41 INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is more than U 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75% Q of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. D A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the D original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in -writing by the Contractor and Director of Department of Engineering and Contractor and Director of Department of Engineering and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by D law or by ordinance. The Director of Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and O field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director of Department of Engineering access to all accounts, bills and vouchers relating thereto. D-42 CUTTING OF CONCRETE: When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. (� D-43 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 exact locations and methods of mounting shall be approved by the Engineer. In addition to the 4' x 8' project signs, project signs shall be attached to barricades used where Umanhole 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: 0 For Questions on this Project Call: (817) 871-8306 M -F 7:30 am to 4:30 p.m. or [ (817) 871-8300 Nights and Weekends D9601600_Specs_PartD.wpd SC -10 Revised 12/09/98 Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-44 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-45 MISCELLANEOUS PLACEMENT OF MATERIAL: Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by 'the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one -tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D-46 TYPE "C" BACKFILL: Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence the P.I. of the excavated material is less then 8.* Such evidence shall be a test report from an independent testing. laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E-1.24, Type "C" Backfill, and E2.11 Trench Backfill.** * Revised 3/20/81' ** Revised 4/20/81 D-47 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, General Contract Documents. D-48 2:27 CONCRETE: Transportation and Public Works Department -typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this call -out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D-49 TRENCH EXCAVATION, BACKFILL, AND COMPACTION: Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Section E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications, except as specified herein. A. 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 loading 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. B. TRENCH BACKFILL:' Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test'report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. 9601600_Specs_PartD.wpd SC -11 Revised 12/09/98 LJ In general, all backfill material under existing or future streets shall be in accordance with Figure A or B. Sand material specified in Figures A and B shall be obtained from an approved source consisting of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: Size Sieve % Retained Size Sieve % Retained #4 0-5 #50 0-50 #16 0-20 #100 60-95 #200 90-100 C. 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 (ASTM D698) by means of tamping only. Trenches which lie under existing or future paving shall be backfilled to 95% Standard Proctor Density (ASTM D698) by jetting, tamping, or a combination of methods. This density testing will be performed by City personnel at City expense and will not be charged to the Contractor. However, the Contractor will be responsible for providing access and trench safety system to the level of trench backfill Q 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. D. MEASUREMENT AND PAYMENT: All material and labor costs of excavation and backfill will be included in the price n bid per linear foot of water and sewer pipe. IL11 D-50 PAVEMENT REPAIR (E2-19): 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 D Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 1 through 5. 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 Q 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 U 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 Department of Engineering Construction Services Section by the Contractor in conformance D with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cuts in the street. The Department of Engineering 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 Department of Engineering. D D-51 TRENCH SAFETY SYSTEM FOR WATER DEPARTMENT PROJECTS ONLY: 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 Dby a Registered Professional Engineer licensed in Texas. 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 Dminimum governing requirements for trench safety. C. DEFINITIONS: Dl. 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 j level or steps, usually with vertical or near -vertical surfaces between levels. 9601600_Specs.artD.wpd SC -12 Revised 12/09/98 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 timer 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 the pipe or structures. 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-52 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. 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified as per Figure 121. 2. WATERTIGHT MANHOLE INSERTS: • Watertight gasketed manhole inserts shall be installed in all sanitary sewer manholes. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations., Stainless -Steel manhole inserts shall be required for all pipe diameters 18" and greater. 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. 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 McKinley, Type N, with indented top design, or equal, with pick slots. 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. Certainteed Ductile Iron Manhole lids and Frames are acceptable for use where locking lids are specified. 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 O-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall _be pre -formed and trowelable Bitumastic as manufactured by Kent -Seal, Ram-Nek, E -Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat -tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint 9601600_Specs_PartD.wpd SC -13 Revised 12/09/98 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. p B. EXECUTION: 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly cleaned fl of dirt, sand, mud, or other foreign matter. A primer shall be applied to all surfaces prior to installing the joint sealant in accordance with the recommendations by the manufacturer. The protective wrapper shall remain on the joint sealant until immediately prior to.the placement of the pipe in the trench. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole a opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in O 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 O 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. DIn 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. Q 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 a 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 D 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 o 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 O 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, manhole inserts, Olift hole sealing and exterior surface coating and pavement repair. The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to, excavation, backfill, disposal of materials, joint sealing, lift Q hole sealing, exterior surface coating and pavement repair. 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, lifthole sealing, and exterior surface coating. Payment for concrete collars will be made per each. Payment for manhole inserts will be made per each. 9601600_Specs_PartD.wpd SC -14 Revised 12/09/98 D-63 SANITARY SEWER SERVICES: Any reconnection, relocation, replacement, or new sanitary sewer service shall be made 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. Factory manufactured saddle taps may be used, but only as directed bythe 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 iq 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. A. 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 trenchless repair methods shall be reconnected only (no sewer service replacement necessary). 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. B. ' 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 length of the replacement shall be determined by the Engineer. All sewer services shall be installed at`a minimum of two (2) percent slope or as approved by the Engineer. Connection to the existing sewer sdrvice line shall be made with appropriate adapter fitting. The fitting shall be a urethane or neoprene coupling A.S.T.M. C-425 with series 300 stainless steel compression straps. Contractor is responsible for locating existing sewer service and cleanout for all lots when replacing or rerouting the sewer services. Replacement of any cleanouts shall include the riser for the cleanout. Surface restoration, removal and replacement of fencing, and cleanup in general shall be performed to return the site to original conditions or better after sewer service construction is complete. Payment for work and materials such as backfill, pipe, fittings, -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. Payment for all work and material involving the "tap" shall be included in the price bid for sanitary sewer service taps. D-54 NOT USED D-55 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES: Any removal, salvaging and/or abandonment of existing facilities will necessarily be required, as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-2.7 Removing Pipe, of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. 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. 9601600_Specs_PartD.wpd SC -15 Revised 12/09/98 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 U excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade. o G. ABANDONMENT OF MANHOLES: Manholes to be demolished 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. H. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole, including top or cone section, all full barrel diameter section, and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill, as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. UI. CUTTING AND PLUGGING EXISTING MAINS: At various locations on this project, it may be required to cut, plug, and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to D 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. K. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe, except as follows: separate payment will be made for removal of all fire hydrants, gate valves, 16 inch and larger, and sanitary sewer manholes, regardless of location. Payment will be made for salvaging, abandoning and/or removing all other existing facilities when said facility is not being replaced in the same trench (i.e., when removal requires a separate trench). D-56 DETECTABLE WARNING TAPES: Detectable underground utility warning tapes which can be located from the U 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 2V2 pounds/1 inch/100'. The tape shall be color coded and imprinted with the message [II as follows: Type of Utility Color Code Legends Water Safety Blue Caution! Buried Water Line Below Sewer Safety Green 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 [Ibidfor the appropriate bid item(s). D-57 PIPE CLEANING: Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. D-68 BARRICADES, WARNINGS, AND FLAGMEN: Reference Part C- General Conditions, Section C6-6.8 Barricades, Warnings, and Watchmen: A. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word Flagmen. B. In the first paragraph, lines five (5) and six (6), change the phrase "take all such other precautionary measures" to "take all reasonable necessary measures". IJ D-59 DISPOSAL OF SPOIIJFILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of Engineering Department, acting as 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 I9601600_Specs_PartD.wpd SC -16 Revised 12/09/98 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 spoillfill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering Department, Contractor shall remove the spoillfill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section. D-60 MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. D-61 SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission. of the Engineer to make a substitution for the material which has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other, name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. 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 ofproving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub -section as related to "substitutions" shall be applicable to all sections of these specifications. D-62 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. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high -velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have a selection of two or more high -velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a. high -velocity gun for washing, and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment which cannot be collapsed is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high -velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists, and the cleaning effort shall be abandoned. When additional quantities of water from fire hydrants is 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. 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. 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. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. 9601600_Specs_PartD.wpd SC -17 Revised 12/09/98 0 0 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 0 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: TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate U rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection videotapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll -a -tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor 0 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. 0 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. 0 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. 0 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 0 portions of lines not televised or portions where manholes cannot be negotiated with the television camera. THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW O 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. Tapes will be returned to the Contractor upon completion of review by the Engineer. All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection Dof the Proposal. C. PAYMENT OF CLEANING AND PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for Pre -Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be ureadily 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. 111 9601600_Specs_PartD.wpd SC -18 Revised 12/09/98 The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to TV Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project: D-63 VACUUM TESTING OF SANITARY SEWER MANHOLES: A. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. B. EXECUTION: TEST PROCEDURE: Manholes shall be tested with all connections in place. Lift holes shall be plugged, and all drop -connections and gas sealing connections shall be installed prior to testing. 'The'sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop -connections, gas sealing connections, etc. The test head=shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations: A vacuum of ten inches of mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. The required test time shall be determined from the Table I below in accordance with ASTM C1244-93: Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (10"Hg - 9"Hg) (SEC)„ Depth of MH. 48 -Inch Dia. 60 -Inch Dia. (FT.) Manhole Manhole 0 to 16' 40 sec. 52 sec. 18' 45 sec. 59 sec. 20'• 50 sec. 65 sec. 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 Additional 2' 5 sec. 6 sec. 2. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one -inch of mercury (3" Hg) after the required test time. Any manhole which fails to pass the initial test must be repaired with a suitable •material which conforms to the construction material of the manhole. 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 remoyed, all braces, equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material, labor, equipment, and all incidentals, including all bypass pumping, required to complete the test as specified herein. D-64 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 bypasslines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system. Under no circumstances will the Contractor be permitted to discharge sewage into the trenches. Payment shall be incidental to rehabilitation or replacement of the sewer line. D-65 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER: A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television inspection performed. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means 9601600_Specs_PartD.wpd SC -19 Revised 12/09/98 of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for Oan unsatisfactory inspection. C. EXECUTION: Dl. 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 D documentation shall be used to move the camera through the sewer line. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of D 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 D 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. D 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. D 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall D 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. U 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 D provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be included in the appropriate bid item - Post -Construction Television Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. 0 9601600_Specs_PartD.wpd SC -20 Revised 12/09/98 D-66 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. E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D-67 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL: 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 fpr the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled -hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible -earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible -earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control measures to prevent contamination of adjacent streams, other'water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution -control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, _and other such permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil - erosion -control measures shall be performed as directed by the Engineer. i. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 2. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 3. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. 4. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. 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-68 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. 9601600_Specs_PartD.wpd SC -21 Revised 12/09/98 D-69 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 existed 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 Uthoroughly treated as soon as possible with a tree wound dressing. D-70 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 f9r approval by the Engineer will be grade restoration f to plus minus one -tenth (0.1) of a foot. D-71 CITY OF FORT WORTH STANDARD PRODUCT LIST: Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List" for the bid to be considered responsive. Products and processes listed in the "City of Fort Worth Standard Product List" shall be considered to -meet City of Fort Worth minimum technical requirements. D-72 STATE REVOLVING FUND (SRF) REQUIREMENTS: This project, in addition to standard City of Fort Worth a requirements, may involve certain State requirements. These requirements, if applicable, are provided in the following documents and should thoroughly be reviewed and completed by the contractor. They include: 1. At the Time of Contract Document Execution Q • ED -103 -Contractors Act of Assurance • ED -104 -Resolution Work required to conform to these requirements shall be considered subsidiary and no extra payment will be made. n The SRF requirements are included in Appendix A. W D-73 TOPSOIL, SODDING AND SEEDING: This item shall be performed in accordance with the City of Fort Worth Parks O and Community Services Department Specifications for Topsoil, Sodding and Seeding. A. TOPSOIL U1. 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 establishes) by the Engineer. 2. 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 locationsapproved 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. U B. SODDING Q 1. 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. Q 2. MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass o sod shall have a healthy, virile root system of dense, thickly matted roots throughout a,one (1) inch minimum thickness of native soil attached to the roots. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, ( hauling, and planting. Sod material shall be kept moist from the time it is dug until planted. When so Udirected by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating. Sod material shall be planted within three days after it is excavated. U 3. 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 O9601600_Specs_PartD.wpd SC -22 Revised 12/09/98 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. C. SEEDING 1. DESCRIPTION: "Seeding" will consist of preparing ground, providing and planting seed or a mixture of seed ofthe kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications. 2. MATERIALS: General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of seed, and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed'shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of.Purity and germination: Common Name Purity Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties: Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM -SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Dates Mixture for Clay or Tight Soils (Eastern Sections) (Western Sections) Mixture for Sandy Soils (All Sections) Feb 1 to May 1 Bermudagrass 40 Buffalograss 80 Bermudagrass 60 Buffalograss 60 Bermudagrass 20 Buffalograss 40 Total: 100 Total: 100 Total: 100 9601600_Specs_PartD.wpd SC -23 Revised 12/09/98 0 I I 0 ci Table, 120.2.(2)b . TEMPORARY COOL -SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 to May 1 Tall Fescue 33 1/3 Western Wheatgrass 33 1/3 Annual Rye 33 1/3 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. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed. O 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. D 4. BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. "Finishing" as specified in Section D-46, Construction Methods, is not applicable since no seed bed 11 preparation is required. 5. 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 fl in diameter or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-46, 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. D 6. ASPHALT MULCH SEEDING: The soil over the area shown on the Drawings, or as directed to be seeded, shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-46, 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. 0 After the watering, when the ground has become sufficiently dry to be loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified uniform rate of application for both is obtained. After planting, the seed shall be raked or harrowed into the U soil to a depth of approximately one -quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks. In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. D 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 D 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. 7,. 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. 9601600_Specs_PartD.wpd SC -24 Revised 12/09/98 * 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 cultipacker wheel. D. CONSTRUCTION WITHIN PARK Al EAS 1. TURF RESTORATION OF PARK AREAS: Fertilizer 2. DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. 3. 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. 4. 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 Drawing's, 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". 5. MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topsoils secured from borrow sources. Acceptable material for "Seeding" will be measured by the linear foot, complete in place. 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. 6. PAYMENT: All work performed as ordered and measured as provided under "Measurement" shall be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below); loading, hauling, placing and furnishing all labor, equipment, tools, supplies, and incidentals necessary to complete work. All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly. "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard; complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping; for all watering; for disposal of all surplus materials; and for all materials, labor, equipment, tools and incidentals necessary to complete the work, all in accordance with the Drawings and these Specifications. The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified, as the case may be, which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding. D-74 CONFINED SPACE ENTRY PROGRAM: It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM" which must meet OSHA requirements for all its employees and subcontractors at all times during construction. All active sewer manholes, regardless of depth, are defined by OSHA as "permit required confined spaces". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM" for all applicable manholes and maintain an active file for these manholes. The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces. 9601600_Specs_PartD.wpd SC -25 Revised 12/09198 D-75 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION: Dl.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. 2. 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. 3. 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. 4. 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. 5. Final inspection shall be in conformance with general condition item "C5-15.18 Final Inspection" of PART C - GENERAL CONDITIONS. Q D-76 EXCAVATION NEAR TREES: 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 auguring. D2. 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 U the Owner. 4. Nothing shall be stored over the tree root system within the drip line area of any tree. Dminimum 5. Before excavation (off the roadway) within the drip line area of any tree, the earth shall be sawcut for a depth of 2 feet. 6. At designated locations shown on the drawings, the "short tunnel" method using Class 51 D.I. pipe shall be Q 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. 9. Short tunneling shall consist of power auguring or hand excavation. The tunnel diameter shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted. D-77 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 O indicated. The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. D-78 CLAY DAM: Clay dam construction shall be performed in accordance with the Wastewater Clay Dam Construction, figure in the Drawings in these Specifications, at locations indicated on the Drawings or as directed by the City. Clay dams shall be keyed into undisturbed soil to make an impervious barrier to reduce groundwater percolation through the pipeline trench. Construction material shall consist of compacted bentonite clay or 2:27 concrete. Payment for work such as forming, placing and finishing shall be subsidiary to the price bid for pipe installation. D-79 EXPLORATORY EXCAVATION (D -HOLE): The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction, in accordance with item D-22. At locations identified on the drawings, contractor shall conduct an exploratory excavation (D -Hole), to locate and verify the O 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 a utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications. 9601600_Specs_PartD.wpd SC -26 Revised 12/09/98 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 otthe City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D -Hole). Payment shall not be made for verification of existing utilities per item D-22. Payment for exploratory excavation (D -Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials, excavation, surface restoration, field surveys, and all incidentals necessary to complete the work, shall be the unit price bid. No payment shall be made for exploratory excavation(s) conducted after construction has begun. D-80 INSTALLATION OF WATER FACILITIES: A. POLYVINYL CHLORIDE (PVC) WATER PIPE: POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenant required, shall be included in the linear foot price bid of the appropriate BID ITEM(S). B. BLOCKING: Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents. All valves shall have concrete' blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. C. 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 o£E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows: For the inside and outside of casing pipe, coal -tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above. C. Minimum thickness for casing pipe used shall be 0.375 inch. Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non -concrete pipes when installed in casing. Installation shall be as recommended by the manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. D. 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. E. CONNECTION OF EXISTING MAINS: The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the 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 Manager, Construction Services, Phone 871-7813, at least 48 -hours prior to the required shut down time. The Contractor's attention is directed to Paragraph C5-5.15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C - GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location, time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. F. 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 coordinatedwith 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 appurtenances required, shall be included in the price of the appropriate bid items. 9601600_Specs_PartD.wpd SC -27 Revised 12/09/98 0 G. 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) a 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. 0 All existing 3/4 -inch water service lines which are to be replaced shall be replaced with 1 -inch Type -K copper, 1 -inch diameter tap saddle when required, and 1 -inch corporation from the main line to the meter box. All services which are to be replaced or relocated shall be: installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. pA minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5.15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter D 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 D 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, Lj 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. Q 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. 2. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is D 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. 0 3. 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 centerline of the D proposed meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be padi of in feet of copper service line. When relocation of service meter and meter box is required, payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will aiso,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. U4. 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. 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 tom Main to Meter five (5) feet behind the meter." Q 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. 0 9601600_Specs_PartD.wpd SC -28 Revised 12/09/98 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. 5. MULTIPLE SERVICE BRANCHES: When multiple service branchesarerequired 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). 6. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Anymultiple 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). H. 2 -INCH TEMPORARY SERVICE LINE: The 2 -inch temporary service main and 3/4 -inch service lines shall be installed to provide temporary water service to all`buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2 -inch tapping saddles 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. A 2 -inch meter will be furnished by the Water Department Meter Shop and installed by the Contractor at its point of connection to the City water supply for record keeping purposes only. 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. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2 -inch temporary service pipes, 3/4 -inch service lines and the 2 -inch meter shall be moved to the next successive project location. Payment for work such as fittings, 3/4 -inch service lines, asphalt, barricades, all service connections, removal of temporarypservices and all other associated appurtenances required, shall be included in the appropriate bid item. I. ADJUST MANHOLES, AND VAULTS (UTILITY CUT): Contractor will be responsible for adjusting water valve boxes, manholes and vaults to match new pavement grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. J. ADJUST WATER VALVE BOXES: Contractor will be responsible for adjusting water valve boxes tomatchnew pavement grade. The water valves themselves will be adjusted, if necessary, by City of Fort Worth Water Department forces. Prior to the beginning of work, the Contractor shall make an inventory of the condition of existing water valve boxes. The Construction Engineer will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes which are damaged during construction at no cost to the City. The unit price bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. K. 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 Contractor will furnish 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 se'wer 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. L. 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 9601600_Specs_PartD.wpd SC -29 Revised 12/09/98 ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes Q1. M. 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. fl 2. 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. [J 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 Q 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. 3. 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 ji water sampling station shall be included in the price bid for Water Sample Stations. ��Jj D-81 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-82 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. D 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-83 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-84 TREE PRUNING: [I- A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT Ui. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE 91. Steel "T" = Bar stakes, 6 feet long. 2. Smooth Horse -Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). D3. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. 4. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing Das shown on the Drawings. D. ROOT PRUNING 1. Survey and stake location of root prunix}g trenches as shown on drawings. 9 9601600 SpecsJ'artD.wpd SC -30 Revised 12/09/98 2. Using the approved specified equipment, make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone. 3. Backfill and compact the trench immediately after trenching. 4. Place a 3 -foot wide by 4 -inch deep cover of mulch over the trench as required by the Engineer. 5. 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. 6. Limit any grading work within conservation areas to 3 -inch maximum cut or fill, with no roots over 1 -inch diameter being'cut unless cut by hand or cut by specified methods, equipment and protection. E. MULCHING: Apply 2 -inches to 4 -inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price. D-85 TREE REMOVAL: Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement, fences, walls, sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed. D-86 ROCK RIPRAP: This section shall cover work consisting of rock riprap; all complete in -place as shown on the plans and in accordance with these specifications. The slopes and other areas to be protected shall be compacted prior to the placing of riprap. The rock used shall vary uniformly in all sizes between 4 -inches and 18 -inches. The uniformity of the rock shall be that no one size of rock is more present than another size. The courses shall be placed upwardly from the bottom of embankment, the larger stones being placed in the lower courses. Open joints shall be filled with spalls. Riprap shall be measured for payment in cubic yards based on the dimensions shown on the plans. Riprap shall be paid for at the contract unit price complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for preparing the subgrade, including excavation; for furnishing and placing all materials; for furnishing, placing, shaping, and tamping backfill; for disposal of all surplus materials; and for all labor, tools, equipment, and incidentals necessary to complete the work, all in accordance with the plans and these specifications. 9601600_Specs_PartD.wpd SC -31 Revised 12/09/98 0 0 D 0 0 0 ci 0 0 PART E 11 I 7 0 0 I a I 0 SECTION E SPECIFICATIONS 9601600_Specs.wpd $1 0 0 0 0 ci SECTION E SPECIFICATIONS (January 1, 1978) All materials, construction methods and procedures used in this project shall conform to Sections El, E2, and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet.) Sections El, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX DEl MATERIAL SPECIFICATIONS BE2 CONSTRUCTION SPECIFICATIONS B E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1981, follow: E1-2.4 Backfill: (Correct minimum compaction requirement to 95% Proctor density and correct P.I. values as follows:) 0 c. Additional backfill requirements when approved for use in streets: fl 1. Type 'B' Backfill (c) Maximum plastic index (PI) shall be 8 2. Type 'C' Backfill (a) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compaction by jetting. (b) Material meeting requirements and having a PI of 9 or more shall be considered for use only with mechanical compaction. E2-2.11 Trench Backfill: (Correct Minimum compaction requirement wherever it appears in this section to 95% Proctor density except for paragraph a. 1. where the "95% modified Proctor density" shall remain unchanged.) it I 'a 9601600_Specs.wpd E - 1 0 I LII 0 0 Ii 0 PART F aCERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW VENDER COMPLIANCE TO STATE LAW LI EXPERIENCE RECORD EQUIPMENT SCHEDULE PAYMENT BOND Q PERFORMANCE BOND MAINTENANCE BOND 0 NOTICE: The following blank spaces in the Certificate of Insurance, Performance, Payment, and Maintenance Bonds, and Contract are not to be filled in by the Bidder at the time of submitting his proposal. These forms are included herein to familiarize the Bidder with such forms which the successful Bidder will be required to execute. I 0 0 0 a 0 9601600_Specs.wpd 0 0 I 0 0 0 1! I 0 0 0 I I 0 0 0 VENDER COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. The law that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an mount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principle place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident vendors in (give state), or principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. X BIDDER: -5)1 Stm rJ&A) 7&i/7 City State Zip By: , (please print) Signature.�/ Title: 1&IuCV/ (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 9601600_Specs.wpd F - 3 EXPERIENCE RECORD List of Projects your Organization has successfully completed: AMT. OF CONTRACT I TYPE OF WORK DATE ACCEPTED NAME AND ADDRESS OF AWARD I OWNER List of Projects your Organization is now engaged in completing: AMT. OF CONTRACT TYPE OF WORK ANTICIPATED DATE OF I NAME AND ADDRESS OF AWARD I COMPLETION I OWNER List Surety Bonds in force on above incomplete work: DATE OF CONTRACT NAME AND ADDRESS OF AWARD TYPE OF WORK BOND AMOUNT OF BOND SURETY 9601600_Specs.wpd F-4 £ LI EQUIPMENT SCHEDULE QList of Equipment owned by Bidder that is in serviceable condition and available for use: 0 0 I, 0 EI 0 DPortions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: 0 J 0 0 0 0 0 Ii 9601600_Specs.wpd F - 5 I 0 C 0 I I CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH NAME OF PROJECT: Water Rehabilitation Contract II Date: May 21, 1999 PROJECT NUMBER: PW53—060530174340 D. 0. E. Project No. 1352 IS TO CERTIFY -THAT: Larry Jackson Construction Co., Inc., 5112 Sun Valley Dr. Fort Worth, TX. 76119 is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. Worker's Compensation Comprehensive General Liability Insurance (Public Liability) 0 0 0 Il Il Il I It I it I B lasting Collapse of Building or structures adjacent to excavations. Damage to Underground Utilities Builder's Risk - -� cuvc txptres I Limits of Liability TSF00010720-1-98 10-1-99 1500 000/500,000/500 000 f9810-1-98 Bodily Injury: DTC0724K51 10-1-99 Ea Occurrence: SI . ppn.0 0. Properrry Damage: ca Occurrence: Sl,000,0i 0 DTC0724K514/498 10-1-98 1 10-1-99 1 Ea Occurrence: 51.000.0 0 DTC0724K514 98 10-1-98 10-1-99 Ea. Occurrence: Si .Cop0 0 DTC0724K514L98 10-1-98 1 10-1-99 Comprehensive ' � I Automobile Liability DHCAP724K51 698 10-1-98 10-1-99 Contractual Liaoility DTC0724K514 98 10-1-98 10-1-99 Other TTMtRT'ELLA I Ea. Occurrence: S1 , 000, 3odiiy injury: CSL Ea Person: S1,000,000 Ea.Occurr ence: S 1,000,0 0 Property Damage: Ea. Occurrence: S I 000 0 0 Bodily Injury: Ea Occurrence: S 1,000,( 00 Property Damage: Ea Occurrence: S CUP678G492AQ8 10-1-98 1 10-1-99 110,000,000 Locations covered: Fournier Street, 10th. Street & Three Trinity River Crossings, Fort Worth, TX Description of operations covered: See Proi ect Name Above The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. _ Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. Agency Coble —Cravens Ins. Agency, Inc. FortWorth Agent Robert W. Purdin By Address 202 E. Border St., #202 Title President Arlington, TX. 76004 I 0 0 I I I I 0 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PW53- 060530174340 aSTATE OF TEXAS § 0 COUNTY OF TARRANT § I C C I I 0 0 C JACKSON CONSTRUCTION, INC. C NTRACTOR By: PA Title Date BEFORE ME, the undersigned authority, on this day personally appeared known to me be the person whose name i subscribed to e foregoing instrument, and ackno ledge o e that he executed the same as the act and deed o for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this lltLv� .19w w+w A RAULSTON NOTARY PUBLIC State of Texas OF'% Comm. Exp. 09-1&2001 No Public in and for the State of Texas day of 0 0 7 f1J r a n 0 0 0 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) JACKSON CONSTRUCTION, INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3) *** 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: ONE MILLION ONE HUNDRED THIRTY-SIX THOUSAND ONE HUNDRED SEVENTY AND NO/100.... ($1,136,170.00) Dollars 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 of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the of . _ _ a copy of which is hereto attached and made a part hereof, for the construction of: JUN 15 1999 WATER REHABILITATION CONTRACT II designated as Project No. (s) PW53-060530174340, 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 if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. ***INDEPENDENCE CASUALTY AND SURETY COMPANY [I Fl 0 1 1 1 I I PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, 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 obligations 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 7 counterparts each one of which shall be deemed an original, this the . -of ATTEST: JUN 151999 (SEAL) Witness s to Principal 5 12 Sun Valley Drive Fort Worth, Address TX 76119 (Surety) Secretary (SEAL) 1 u n Witness as to Surety 202 E. Border, Arlington, TX 76010 (Address) JACKSON CONSTRUCTION, INC. PICIPAL (4) BY: Title: 5112 SUN VALLEY DRIVE FORT WORTH, TX 76119 (Address) Independ Casualty and Suret mpany Surety7 BY: (�Cttorney-in-fact) (5) ,Ta M. Crowley P.O. Box 429 Arlington, TX 76004-0429 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact.. F2 I 0 Independence Casualty and Surety Company HOME OFFICE: SAN DIEGO, CALIFORNIA 0 C 0 I 0 0 0 0 0 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INDEPENDENCE CASUALTY AND SURETY COMPANY, a Texas Corporation, does hereby appoint JACK M. CROWLEY its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, an behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney Is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: 'RESOLVED, that the Chairman of the Board. the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company. fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.' IN WITNESS WHEREOF, INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duly authorized officers this 15th day of November 1996 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO INDEPENDENCE CASUALTY AND SURETY COMPANY On November 15th, 1996 before me, personally appeared John L Hannum, Executive Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument aWITNESS my hand and official seal. MARLAYNA JU BOSS COMM. 21077908 CJ - NOTARY PF =UGC. I C=t'A tAlt N SAN DIEGO C ::.TY C7 U My Commission Ez^,irss CERTIFICATE - NOVEhi6c219,1959 otary Public fl 1, E Hamed Davis, Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the 'authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 11th day of May 1[] 9 99 GryV pL'rY w.y� JG a • + ', INDEPENDENCE CASUALTY AND SURETY COMPANY Z Kl ICS 37 E Hamed Davis, Vice President 0 I PAYMENT BOND THE STATE OF TEXAS [1 COUNTY OFTARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) JACKSON CONSTRUCTION, INC. a (2) Corporation of Texas, hereinafter call Principal, and (3) *** , 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, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of: ONE MILLION ONE HUNDRED THIRTY-SIX THOUSAND ONE HUNDRED SEVENTY AND NO/100.... ($1,136,170.00) Dollars 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 to 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. , 1999, a copy of which is hereto attached and made a part thereof, for the construction of:: JIJN 1 5 190, WATER REHABILITATION CONTRACT II Project No. (s) PW53-060530174340 a copy of which 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 Article 5160, Revised Civil Statutes of Texas, 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. ***INDEPENDENCE CASUALTY AND SURETY COMPANY F10 I I I NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. [] WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, fl IN WITNESS WHEREOF, this instrument is executed in 7 counterparts, each one of which shall be deemed an original, dated. 11 aATTEST: ` ( mcipal) Secretary (Seal) JACKSON CONSTRUCTION, INC. PRINCIPAL (4) BY:; Title: LA 0 iJ j Witness as to Principal 5112 Sun Valley Drive Fort Worth, TX 76119 (Address) ST: (Surety) Secretary (SEAL) 5112 SUN VALLEY DRIVE FORT WORTH. TX 76119 (Address) Indep de e Casualty a ety Company rety BY: (Attorney -in -fact) (5) ck M. Crowley P.O. Box 429, Arlington, TX 76004-0429 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a partnership or an Individual, as case may be (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact. Witness as to Surety 202 E..Border, Arlington, TX 76010 F6 I 0 Independence Casualty and Surety Company HOME OFFICE: SAN DIEGO, CALIFORNIA 0 J 0 I I 0 J I 0 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INDEPENDENCE CASUALTY AND SURETY COMPANY, a Texas Corporation, does hereby appoint JACK M. CROWLEY its true and lawful Attomey(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of arty notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duly authorized officers this 15th day of November 1996 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. INDEPENDENCE CASUALTY AND SURETY COMPANY On November 15th, 1996 before me, personally appeared John L Hannum, Executive Vice President of INDEPENDENCE CASUALTY U AND SURETY COMPANY, personalty known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument - WITNESS my hand and official seal. MA9LAYNA JLl 80IS T- t COMM. =1O7 908 t7 V " w NOTARY F"=U'GC 4 r'A cn U Xb SAN O:EG CU I1 -e O My Commission Exn.,as ! CERTIFICATE: N0V�MEER 19, 1993 K) '4 otary Public UI. E. Hamed Davis, Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 11th day of May 1g 99 [] G�VpZ,TY ~Yo �G INDEPENDENCE CASUALTY AND SURETY COMPANY Gy i [I �Vr �_ 'r5rjJ ICS 37 E. Hamed Davis, Vice President 0 0 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That (1) JACKSON CONSTRUCTION, INC., as Principal, ri acting herein by and through (2) Larry H. Jackson its duly authorized President and (3) *** a corporation organized under the laws of the State of TEXAS, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of ONE MILLION ONE HUNDRED THIRTY-SIX THOUSAND ONE HUNDRED SEVENTY AND NO/100.... ($1,136,170.00) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. " This obligation is conditioned, however; that, JUN 15 1999 WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, the performance of the following described public work and the construction of the following described public improvements: WATER REHABILITATION CONTRACT II of same being referred to herein and in said contract as the Work and being designated as project number PW53- 060530174340 and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and , 1 WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One (1) Year after the date of the final acceptance of the work by the City; and 0 WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One (1) Year; and, U WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be 0 necessary; and, O WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. o***INDEPENDENCE CASUALTY AND SURETY COMPANY 0 THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. a PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value- received, hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s 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 to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 7 counterparts each one of which shall be deemed U an original, this the day of =� A.D., 1999. JUN 15 1999 fl ` JACKSON CONSTRUCTION, INC. ATTEST• BY: Title: 1 /( 4/(Z (Principal) Secretary IWitness as to Principal 5 12 Sun Valley Drive Fort Worth, TX 76119 Address I (Surety) Secretary U— (SEAL) 5112 SUN VALLEY DRIVE FORT WORTH, TX 76119 (SEAL) (Address) Indepe en e Casualty and 4ety Company Sur BY: ttorney-in-fact) (5)—ack M. Crowley P.O. Box 429, Arlington, TX 76004-0429 (Address) 202 E. Border, Arlington, TX 76010 (Address) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney in -Fact.. Witness as to Surety (Address) 202 E. Border, Arlington, TX 76010 I Independence Casualty and Surety Company HOME OFFICE: SAN DIEGO, CALIFORNIA 0 0 0 0 I it I El POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INDEPENDENCE CASUALTY AND SURETY COMPANY, a Texas Corporation, does hereby appoint JACK M. CROWLEY its true and lawful Attomey(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney Is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: 'RESOLVED, that the Chairman of the Board, the President. an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, ffdelty and surety bonds, undertakings, or other contracts of suretyship of a similar nature: and to attach thereto the seal of the Company: provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney. may be affixed by facsimile.' IN WITNESS WHEREOF, INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duly authorized officers this 15th day of November 1996 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO INDEPENDENCE CASUALTY AND SURETY COMPANY On November 15th, 1996 before me, personally appeared John L Hannum, Executive Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument WITNESS my hand and official seal. MARLAYNA DUI BUS *- t COMM. =1077909 c CJ - a NOTARY F"=uGCt.5 P. I'A to y SAN D:EGC C3Ur T'! 0 My Commission Ez;iras CERTIFICATE NOVEMEER 19.1°99 ..tea.. otary Public UI, E. Hamed Davis, Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF. I have subscribed my name as Vice President, on this 11th day of May 1El 9 9 9 or'J A.yaJG INDEPENDENCE CASUALTY AND SURETY COMPANY 1 �_ • ICS 37 E. Hamed Davis, Vice President 0 0 PART G - CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into '° � L _ . '4 9by and between the City of Fort Worth, a home -rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and JACKSON CONSTRUCTION, INC. of the City of FORT WORTH County of TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said party of the First Part (Owner) to commence and complete certain improvements described as follows: WATER REHABILITATION CONTRACT H And all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendent, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all ii maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's fl Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contractor Documents and General Specifications, all of which are made a part hereof and collectively and constitute the entire contract. G1 0 J I I I I I City of Fort Worth, Texas (Owner) QParty of the First part BY: ASST. City Manager CW U The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the proposal. The Owner agrees to pay the contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in 7 counterparts in the year and say first above written. (Seal) ATTEST: • City Secretary ElWITNESSES: JACKSON CONSTRUCTION, INC. 5112 SUN VALLEY DRIVE FORT WORTH, TX 76119 ElContractor - (LLLQLL-_ By: (%J Title: kLA.Ld Lik I] APPROVED: Approved as to Form and Legality: A. Douglas Rademaker, P.E. Director Department of Engineering CW 0 Gary Steinberger, Asst. City Attorney /-/7y Contract Authorization 5//-9 Date I J it I I I 0 I I J J I I I J J 0 I 0 APPENDIX A PEC-MAT SPECIFICATIONS 0 9601600_Specs.wpd 0 I it 0 r 0 I I C 0 0 u 0 I 0 0 0 it PECVW MAT TURF REINFORCEMENT MAT BY PEC-MAT' is the permanent soft armor solution for many hard armor applications. PEC-MAT protects seed and soil during germination and provides long term turf -reinforcement for established vegetation. Its dense web design guards seed and soil from wind, rain and storm -water forces, while retaining moisture and solar energy to promote seedling development. The new vegetation's roots entwine with PEC-MAT to produce a reinforced turf capable of withstanding flow velocities up to 20 feet per second and a shear stress of 6 pounds per square foot. TYPICAL APPLICATIONS • Roadway ditches a Paved lot run-off ditches • Pipe outlets and culverts • Storm channels s Irrigation channels m Spillways * Landfill covers MATERIAL AND FORMULATION * PEC-MAT is 100% synthetic, manufactured from thermally welded PVC monofilaments. It is highly flexible and will conform to irregularities in the grade for superior protec- tion. ■ Weighing 1.75 pounds per square yard and having a specific gravity of 1.37, PEC-MAT will not float or blow away. ■ PEC-MAT is not biodegradable or toxic and is formulated with UV inhibitors to prevent photodegradation. It is unaffected by most agricultural chemicals and resistant to a wide pH range. ■ Its high tensile modulus resists deformation and offers maximum root reinforcement. * PEC-MAT's low roughness coefficient prevents turbulence and scouring while also reducing stake loading and deformation. * Its unique green color offers immediate vegetated appearence. i1T 1i ir MAT STRUCTURE AND ROLL SIZE PEC-MAT's unique, low profiled web structure places more filaments in direct contact with the ground for greater soil protection. Ti No loose filaments within the mat. PEC-MAT requires no soil filling :1 Its porous structure allows gwoundwater recharge. Significant: wide: than similar ma's PEC-MAT is available in 6 ft. rolls iu reduce installation costs by limiting seams. ri American Excelsior Company OVIs'ON DISTRIBUTED BY THE AMERICAN EXCELSIOR COAIR-1!` Y Phone 800 -777 -SOIL (7645) - Fax 817.633-3':: TECHNICALDATA ci 0 I 0 I Ii J J II I I I I a I PROPERTY TEST METHOD UNIT VALUE Weight ASTM D 3776 kg/m2 (oz./yd2) .95 (28) Thickness Measured mm (in.) 2.54 (0.1) Filament Diameter Measured mm (in.) 1.14 (0.045) Porosity CWD 02215-86 % 72 Width Measured m (ft.) 1.83 (6) Length Measured m (ft.) 22.86 (75) Area of Roll Measured m2 (yd2) 41.8 (50) Weight of Roll Weighed kg (lb.) 40 (90) PHYSICAL PROPERTIES OF PEC-MAT: MINIMUM AVERAGE ROLL VALUES (MARV) PROPERTY TEST METHOD UNIT VALUE Tensile Strength ASTM D 4595-86 n/m (lb./in.) Length 640 (12) Width 373 (7) Elongation ASTMD4595-86 4595-86 % Length 75 Width 75 Secant Tensile Modulus ASTM D 4595-86 n/m (lb./in.) Length 1600 (30) Width 800 (15) Breaking Toughness ASTM D 4595-86 k -pa (lb./in2) Length 41.4 (6) Width 24.1 (3.5) Conformity ASTM D 1388-75 m/kgx10-' (in./lb.x10*') Length 2.79 (50) Width 1.84(33) Ultraviolet Stability QUV @ 2000 hr. ASTM G 53-84 % prop. ret. 85 Weatherometer @ 1500 hr. ASTM G 23-81 % prop. ret. 85 Low Temp. Brittleness ASTM D 746 C (F°) -37.2 (-35) pH Range pH 2-12 Heat Retention j/m2/C (BTU/ft2/°F) 1430 (0.07) HYDRAULIC PERFORMANCE OF PEC-MAT PROPERTY TEST METHOD UNIT VALUE Manning Roughness Coefficient (N) 0.02 Max. Flow Velocity m/sec. (ft./sec.) 6.1 (20) Max. Recommended Shear Stress pa (lb./ft2) 287 (6) Max. Stake Load kg ab.) 11.4 (25) CHANNEL DESIGN Channel carrying capacity should be calculated for a vegetated condition; the vegetated roughness coefficient "N" can vary from .03-.05 depending on depth of flow and type of vegetation. Shear stress should be calculated for a non -vegetated condition using a rough- ness coefficient "N" of .02. The following equations can assist in determining the carrying capacity and shear stress for a particular design and set of conditions: Q=AxV Manning Equation for Velocity: v= 1.49(R)2a(S)irz N Equation for Hydraulic Radius: R= A WP Equation for Hydraulic Gradient: = Drop S Channel Length Equation for Shear Stress: T = y (D) (S) Where: A = Cross Section Area (sq. ft.) D = Maximum Water Depth (ft.) N = Roughness Coefficient Q = Carrying Capacity (cu.ft./sec.) R = Hydraulic Radius (ft.) S = Hydraulic Gradient (ft./ft.) T = Maximum Shear Stress (lb./sq.ft.) V = Average Water Velocity (ft./sec.) WP = Wetted Perimeter (ft.) y = Density of Water (lb./cu.ft.) ci 'Flow tests conducted by Colorado State University using an 8 ft. wide x 4 8. deep x 200 ft. long recirculating flume at flow rates up to 100 CFS. PEC-MAT showed no signs of failure at 20 fJsec. - the maximum velocity of the flume. "Maximum performance thresholds are accurate for short duration flows. Performance decreases as the duration increases. Shear stress is based on Texas Transportation Institute Channel Test findings. 0 a 0 0 J 0 MAXIMUM SHEAR STRESS CHANNEL APPLICATIONS (PSF) 10 s_ •^dt`7 6 }e 2 — — — 0 'CurlexIll rip -rap 12" PEC-MAT' "Tri-Lock' 4010 'Curlex' Ill is a degradeable erosion control blankeL 'Td-Lok' 4010 is articulated concrete block DINSTALLATION Site Preparation D m If possible redirect run-off away from ditch or slope during installation. o Grade surface of installation area, shaping and smoothing the soil. Fill in all holes with an appropriate fill material and compact. U• Trenches for terminal slots and check. slots should be prepared perpendicular to the flow and a minimum of 6 in. wide x 12 in. deep. Width and depth to increase per design requirements of the project engineer based on specific pro - Qject soil characteristics and conditions. i Dress site by removing rocks, clods, stumps, debris, vehicle tracks or any protrusion which will prevent the mat from lying flush with the soil surface. a Fertilize and seed before installing DPEC-MAT. Mat Installation D © In channel applications, center the first roll at the center -line of the channel. If additional rolls are required, overlap Dthe new roll by minimum of 6 inches. ■ Begin installing PEC-MAT at the upstream terminal slot and at the center of the site low point. Snugly fit and stake the mat into the bottom of the slot, back fill trench and compact with a tamper. (Illustration 1) a Roll mat downstream, making sure it conforms to the surface and is not. 9 in tension. m Transverse check slots should be a minimum of 6 in. wide x 12 in. deep and located every 15 to 25 feet. a Transverse check slots and down- stream terminal end slots should be installed as shown in illustration 2. Double layer the.mat snugly over the bottom and upstream wall of the slot, back fill and compact with a tamper. * Always stake PEC-MAT at three loca- tions across the bottom of any slot. n When splicing in a new roll that doesn't coincide with a transverse check slot, use a 2 ft. overlap and shingle down- stream. (Illustration 3) — FLOW e, Longitudinal seams should be shin- gled downstream and overlapped a minimum of 6 in. (Illustration 4) ® Perimeter edges of all PEC-Mat instal- lations should be terminated as shown in Illustration 5. Stake.the mat at the bottom of the slot on 2 ft. centers. Anchoring Options u Staples should be 11 gauge steel and a minimum of 1 in. wide x 6 in. long. ® Steel Pins should be 3/16 in. diameter 18 in. long with a 2 in. diameter washer. m Wooden stakes should be a nominal 1 in. x 4 in. triangular wooden survey stake and 10 to 12 in. in length. The 4 in. dimension should run parallel to the flow. m The proper anchoring device should be determined by the project engineer based on soil type and -water velocity. 0 1 J J I I 0 I 0 El 0 I] 0 TECHNICAL SERVICES ANCHOR SPACING Anchor spacing is based upon 20 lb. per stake. If the stakes or staples pull out of the soil at a lower load,:a denser pattern will be required. Required Anchor Spacing Shear Stress Across Flow With Flow (lb./ft2) (W) (L) 0-1 3ft. American Excelsior Company technicians. are available for consultation during design, specification and product installation. Please call the Customer Service Center at 800.777 -SOIL (7645) for product brochures, specification sheets and technical assistance. 6 ft. WARRANTY 1-2 3ft. 3ft. 2-3 2ft. 3ft. 3-6 2ft. 2ft. AVAILABILITY Greenstreak's PEC-MAT is available in the United States through the American Excelsior Company's Earth Sciences Division. Please call the Customer Service Center at 800 -777 -SOIL (7645) for the nearest location. GREENSTREAKr Greenstreak warrants this product to be free from defects in material and workmanship when released from our factory. If this product is defective and our customer gives notice to Greenstreak before installing this product, Greenstreak will replace the product without charge to the customer or refund the purchase price at Greenstreak's election. Replacing the product or obtaining a refund are the buyer's sole remedy for a breach, and Greenstreak will not be liable for any consequen- tial damage attributed to a defective product. Final determina- tion of the suitability of this product for the use contemplated and its manner of use is the sole responsibility of the user. American Excelsior Company .= 51ON ci DISTRIBUTED BY THE AMERICAN EXCELSIOR COMPANY Phone 800 -777 -SOIL (76451 - Fax 817-633-3624 0 SUGGESTED PEC-MAT® SPECIFICATIONS a (English Units) Section 02715 Turf Reinforcement Matting SECTION 2715 - TURF REINFORCEMENT MATTING (TRM) 0 PART 1 - GENERAL El1.01 Section Includes A. The turf reinforcement matting (TRM) is a two-dimensional polyvinyl chloride (PVC) matrix for the purpose of erosion control and revegetation, as described herein. fl B. This work shall consist of furnishing and installation of. the U TRM, including fine grading, matting, anchoring, and miscellaneous related work, in accordance with these standard specifications and at the location(s) identified on Drawings or designated by Engineer. This work shall include all necessary materials, labor, supervision and equipment for installation of a complete system. C. All work of this Section shall be performed in accordance with the Conditions and Requirements of the Contract Documents. aD. The TRM shall be used where surface erosion is not desirable. Based on a project -by -project engineering analysis, the matting shall be suitable for the following applications: 1. Channel and ditch linings, 2. Reservoir embankments and spillways, 3. Culvert inlets and outfalls, 4. Dikes, levees and riverbanks, and, 5. Slope protection. 1.02 Related Sections A. Section 01300 Submittals. B. Section 2200 Earthwork. DC. Section 2920 Seeding. 1.03 Performance Requirements A. TRM shall provide a long-term, non -degradable root reinforcement material to reduce erosion and enhance revegetation. 1.04 Submittals El 1 I a 0 0 0 ci 0 0 0 0 I I J 0 0 I 1 0 Section 02715 Turf Reinforcement Matting A. Submit product data on materials for TRM in accordance with Section 01300. B. Any alternative system submitted for approval shall include complete design data, including test evidence of compliance to the essential design parameters of Project and reference installations similar in size and scope to that specified for Project . 1.05 Samples A. Submit product samples in accordance with Section 01300. 1.06 Delivery, Storage and Handling A. TRM shall be furnished in rolls and wrapped with suitable material to protect against extended ultraviolet exposure prior to placement. Each roll shall be labeled to provide identification sufficient for inventory and quality control purposes. B. TRM shall be shipped in rolls, as follows: 6 feet wide by 75 feet long; 50 square yards per roll; feet in diameter; and 90 pounds in weight. C. TRM shall be free of defects that would interfere with the proper installation or impair the performance. D. TRM shall be stored by Contractor in a manner which protects it from damage by construction traffic. PART 2 - PRODUCTS 2.01 Turf Reinforcement Matting (TRM) A. TRM ' shall be Pec-Mat as supplied by American Excelsior Company, Arlington, TX (800-777-7645). B. TRM shall be made of two-dimensional structure of PVC having a minimum content of percent carbon black. The continuous filaments shall be melt -bonded at intersections to form a stable mat. The mat shall be flexible, permeable, and resistant to ultraviolet radiation and chemicals normally encountered in a natural soil environment. Mat color shall be green. 0 2 0 a 0 I 0 I 0 I I I 0 Section 02715 Turf Reinforcement Matting C. TRM shall have the following material characteristics: PROPERTY Weight, oz/sy Thickness, in Specific Gravity Tensile Strength - Width, lb/ft Tensile Strength - Length, lb/ft Elongation - Width, % Elongation - Length, Porosity, % Ultraviolet Stability - QUV @ 2000 fir, % property retained Ultraviolet Stability - Weatherometer @ 1500 hr, % property retained 2.02 Anchors VALUE TEST METHOD 28 ASTM D-3776 0.1 measured 1.37 measured 144 ASTM D-4595-86 84 ASTM D-4595-86 75 D-4595-86 75 D-4595-86 72. CWD 02215-86 85 ASTM G-53-84 85 ASTM G-23-81 2-12 A. Depending on job site conditions, anchors shall be either: 1) Steel wire staples, U-shaped, 11 gauge and shall be 1 . inch wide by 6 inches long (min); 2) Steel pins, 3/16 inch diameter by 18 inches long with a 2 inch diameter washer, or; 3) Wooden survey stakes, 1 X 4, 10 to 12 inches in length. El PART 3 - EXECUTION 3.01 TRH Supplier Representation D A. Contractor shall coordinate with the TRM supplier for a qualified representative of the TRM supplier to be present at the job site on the start of installation to provide technical assistance as needed. Contractor shall remain solely responsible for the quality of installation. 3.02 Site Preparation A. Before placing TRM, the subgrade shall be inspected by Contractor to insure that it has been properly compacted; has been graded smooth; has no depressed, void, soft or uncompacted areas; is free from obstructions, such as tree roots, projecting stones or .other foreign matter; and has a been seeded. Contractor shall not proceed until all unsatisfactory conditions have been remedied. By beginning 0 . 3 ci Section 02715 Turf Reinforcement Matting construction, Contractor signifies his approval of preceding work. B. Contractor shall fine grade the subgrade by hand dressing where necessary to remove local deviations. C. No vehicular traffic shall be permitted directly on the TRM. 3.03 Channel Installation A. TRM shall be installed as directed by the Engineer- in accordance with manufacturer's instructions. The extent of TRM shall be as shown on Drawings. TRM shall extend above the anticipated maximum flow line, as directed. B. TRM shall be installed parallel to the flow of water. The first roll shall be centered longitudinally in mid -channel and anchored, as identified in the Drawing anchor pattern and fl details. Subsequent rolls shall follow from channel center outward and be overlapped a minimum of 6 inches to allow installation of a common row of anchors. C. Successive lengths of TRM shall be overlapped ("shingled") 24 inches for a common row of staples with the upstream end on top. Anchor the overlap across the end of each of the fl overlapping lengths with two rows of anchors at 1-1/2 foot on center. D. A trench (6 in wide by 12 in deep) shall be located at the upstream termination. TRM shall be anchored to the bottom of the trench at 2 feet on center. Backfill and compact the trench. TRM shall then be folded back over trench and anchored at 2 feet on center. E. Construct intermediate check slots (6 in wide by 12 in deep) Qfl every 15' to 25 feet perpendicular to the direction of flow. Double layer matting snuggly over the bottom and upstream wall of the slot. Anchor at 2 feet on center. Backfill and Elcompact trench. F. Anchor the downstream termination and flanks by burying the mat in a trench (6 in wide by 6 inches to 12 inches deep). 0 Install anchors at 2 feet on center. Backfill, and compact trench. U G. NOTE: Filling of mat with soil is not required. Seeding and fertilizing shall be performed prior to mat installation, but is not included in this Section. If required, furnish and O installation of excelsior erosion control blanket is also not included in this Section. 3.04 Slope Installation I 4 Q Section 02715 [I Turf Reinforcement Matting A. TRM shall be installed using similar techniques as those described for channel applications. 3.05 Quality Assurance D A. TRM shall not be defective or damaged. Any such problems shall be corrected by Contractor at no cost to Owner and to the satisfaction of Engineer. III 3..06 Clean-up A. At the completion of this scope of work, Contractor shall Liremove from the job site and properly dispose of all remaining debris, waste materials, excess materials, and equipment required of or created by Contractor. Disposal of waste materials shall be solely the responsibility of Contractor and shall be done in accordance with applicable waste disposal regulations. 3.07 Method of Measurement D A. The TRM shall be measured by the square yard of surface area covered. No measurement for payment shall be made for fine grading, trenching, overlaps, anchors or other miscellaneous materials necessary for placement of the TRM. 3.08 Basis of Payment n A. The accepted quantities of turf reinforcement matting shall be U paid for at the contract unit price per square yard, complete in place. I I I I 11 [I Payment shall be made under: Pay Item Turf Reinforcement Matting END OF SECTION Pay Unit Square Yards Disclaimer: Pec Mat is a system for erosion control and revegetation on slopes and channels. American Excelsior Company (AEC) . believes that the information contained herein to be reliable and accurate for use in erosion control and revegetation applications. However, since physical conditions vary from job site to job site and even within a given job site, AEC makes no performance guarantees and assumes no obligation or liability for the reliability or accuracy of information contained herein, for the results, safety or suitability of using Pec-Mat, or for damages occurring in connection with the installation of any erosion control product whether or not made by AEC or its affiliates, except as separately and specifically made in writing by AEC. These specifications are subject to change without advance notice. I 5 0 0 0 0 it f11 II 0 0 0 0 0 0 n 0 0 0 APPENDIX B GROUT SPECIFICATIONS: ASTM C1107 0 9601600_Specs.wpd ci CRU-C 621-93 0 0 0 0 a 6 r� 0 0 0 0 0 0 0 ci 0 0 'I Daaignation: C 1107 - 91a Standard Specification for Packaged Dry, Hydraulic -Cement Grout (Nonshrink)' This suudard is issued under the rued designation Cl 107 the number immediately toliowing the desien3tion Indicates the year of ortdnal adoption or. In the arse orreyisioa. the year of aril reylsion. A number is parentheses indialea the yar of iii; reapproval. A superscript epsilon (.) indicates in ediwrisi c3 in c since the Iasi revision at mappcoval. 1. Scope 1.1 This specification covers three grades of packaged dry, hydraulic -cement grout (nonshripk) intended for use under applied load (such as to support a structure, a machine, and the like) where a change in height below initial placement height Is to be avoided. 1.2 Grouts covered are composed of hydraulic cement. Fine aggregate and other ingredients. They require only the addition of mixing water for use. 1.3 The values stated in inch -pound units are to be regarded as the standard. The SI units in parentheses are for information purposes only. 1.4 The following safety hazards caveat pertains only to the test method portion of this specification: This standard does not purport to address all of the safety problems, If any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limi- tations prior to use. 2. Referenced Documents 2.1 ' 4SStandards: C 109 Test Method for Compressive Strength of Hydraulic Cement Mortars {Using 2 -in. or 50 -mm Cube Speci- mens)1 C 139 Test Method for Unit Weight, Yield, and Air Content (Gravimetric) of Concrete C 157 Test Method for Length Change of Hardened Hydraulic -Cement Mortar and Concrete2-s C 185 Test Method for Air Content of Hydraulic Cement Mortars C 305 Practice for Mechanical Mixing of Hydraulic Ce- ment Pastes and Mortars of Plastic Consistency2 C 702 Practice for Reducing F(eld.Samples of Aggregate to Testing Size' C 827 Test Method for Change in Height at Early Ages of Cylindrical Specimens from Cementitious Mixtures C 1090 Test Method for Measuring Change in Height of Cylindrical Specimens for Hydraulic Cement Grout' 3. Classification 3.1 This Specification covers three grades of grout, classi- fied according to the volume -control mechanism exhibited 'Thu specirtntiov is under the Jurlsdletion of ASTM Committee C-9 on Concrete and Concrete A99re5mb aid is the direct responsibility orSubcornmierev 009.43 on Packahed. Dry, Combined Concrete. Cgrrsnt edition sprained Nov. IS, 1991. Published January 1992. Last previous edition C 1107-91. Orisinsily published as C 1107— 39. 3 Artm7at Rook agRSTM S9andardx, Vol 04.01. s An71wOt Book Of ASTM S7undards. Vol 04.02. by the grout after being mixed with water. 3.I.1 Grade A PmHardening Volume -Adjusting —Vol- ume control of grout is caused by expansion before hard- ening occurs. 3.1.2 Grade B Post -Hardening Volume -Adjusting —Vol- ume control of grout is caused by expansion after grout hardens. 3.1.3 Grade C Combination Volume -Adjusting —Volume control of grout is caused by a combination of both mechanisms. 4. Ordering Information 4.1 When the purchaser specifies that properties of the packaged, dry, grout meet the requirements of this specifica- tion, the grade of grout desired shall also be specified and which, If any, of the optional requirements apply. 4.2. When the grout is to be used in contact with stressed tendons or other corrosion -sensitive, load -bearing structural members, the purchaser shall supply this information to the manufacturer and obtain assurances that the material meets relevant chloride, nitrite; nitrate, sulfide, and sulfate require- ments, and any other material limitations imposed by the applicable codes and standards (Note 1). 4.3 When the grout is to be used in abnormal or aggres- sive environments, the purchaser shall supply this informa- tion to the manufacturer and obtain assurance that the grout has a successful history of performance in the same or similar exposures. -NOT E I —Since all conditions of use cannot be anticipated, this specification requires nonshfdnk grout to exhibit no shrinkage when tested in a laborawry.contrntled moist -cured environment, and requires cnty the reporting of the observed lfdght t hs i1 . usually shrinkage, when'lest specimens are subjected to some degtce of drying: flit tug&tated that users consult with manufacturers on specific applications to determine the applicability orspeeific test results. S. Materials S.I The materials used as ingredients In packaged, dry, grout Include hydraulic cement, fine aggrepte. and other Ingredients. 6, Performance Requirements f 6.1: Specimens shall be made from freshly mixed grout and ilom grout that has bccn retained in the mixer for the maximum usable working time allowed by the manufac- N,�r 1 tutee, Specimens from both conditions shall meet the re. quirements prescribed in Table 1. 6.2 Specimens shall be prepared, using materials and I Q CRD-C 621-93 0 ci 0 0 a 0 D 0 4 0 J El 0 0 Li 0 a :yuipment at temperatures representing the maximum and minimum usable temperatures specified by the manufac- turer for his product. Specimens from both conditions shall meet the requirements prescribed in Table t, except that the :ompressive-strength requirements do not have to be met at minimum usable temperature. 6.3 Specimens for testing shall be prepared by combining theuse of grout retained in the mixer as in 6.1 with the minimum and maximum as mixed and curing temperatures used In 6.2. Specimens from these combinations of condi- tions shall meet the requirements of Table 1, except that the compressive -strength requirements do not have to be met at minimum usable temperature. 6.4 Ali test specimens for performance evaluation shall be prepared using the highest water to solids ratio suggested by .he manufacturer for his product. 7. Sampling 7.1 Use whole packages of grout selected at random from :he lot of grout to be examined. 7.2 Where lesser quantities of grout will serve the purpose, select 3000 g of dry grout from a whole package in accord- ance with the mechanical-splitter method in Practice C 702. For high -density 'grouts, adjust the mass to provide an .quivalent volume. 3. Batching 8.1 Grout mixtures shall be produced in the following -onditiods: 8.1.1 Batch grout mixtures at temperature conditions . orresponding to the maximum recommended temperature limit and at a temperature corresponding to the minimum temperature stated by the manufacturer. 8.1.2 For standard temperature testing, maintain the gout mixture and the testing equipment at a temperature of 23 t 2.8'C (73.4 ± 5'F}, 8.2 Bring all materials and equipment to be used in preparing test specimens to the specified test temperature, t2.8'C (t5'F) prior to use. 8.2.1 When the controlled -environment test room is too Jrnall to accommodate large equipment, immediately prior TABLE I Pirtormanes Requirements comprasslve su.notn. psi (MPe) mkt 1 day 1000 (8.9) 3 nay 2500 (17.2) 7 day 3500 (24.1) 26 day 5000 (34.5) Piohardecing Post Nerdeiing Co tin■tlon Grade Claselltcation vqum. Volume Volume Control.d Controled Conirctted Type Type TYPO ertj i�% @ Fes Sal +40 NA. +4.0 tin%fp?FBat 0.0 NA 0.0 elate chenQe of Moist Cured nrdw oc Orout ,at 1, 3. 1 s and 28 oeya laxkmWrn, % NA +0.3 +os IWnpan.lc 0.0 0.0 0.0 • When requked. u,s purduw must sa apecity M r a purchaee wrvr.ct. to use, bring the mixer to the desired testing temperature by filling it- with water at the appropriate temperature and agitating it .by turning the mixer on. When this water has stabilized at the desired temperature, discard it and start preparing the batch immediately. 8.3 The manufacturer may permit, in the package instruc- tions, adjusting the mixing water temperature to achieve limitations imposed on the grout use temperatures. Use of this technique shall not abrogate the extended mixing time requirement of this specification. . 9. ProportionIne 9.1 The rninumum and maximum amount of water recommended by the manufacturer on the psekage shall be used to determine conformance with the requirements of this specification. If the manufacturer provides maximum now (thinnest consistency) information on the package, conduct consistency tests to an accuracy of d:S % to determine the amount of water to be added for testing. In either case, express the weight of water so determined as a ratio of water to dry grout material by weighs. If both are given, make tests at whichever involves the larger amount of water by ratio of dry grout mixture. 10. Mixing 10.1 Apparatus. - 10.1.1 Mixer for Preliminary Adjustments —For smaller quantities of grout, the mortar -mixing apparatus shall be as specified in Practice C 305. However, the mixer may be provided with a bowl positioner to enable clearance of the largest sized aggregate in the mixture being tested. - 10.1.2.Mlxerfor Grout Performance Qtta1flcaTioris—A 3- lie .capacity mortar mixer (Note 2) is . required. The mixer shall be clean, pre -wet. and drained, and essentially free of hardened mortar and other foreign material that can be removed with a trowel or by reasonably striking with a. hammer. Nara 2 —An electric motor -driven mixer Is preferable in the labora. tory to avoid noise and exhaust fumes. The horizontal revolving blades are preferred to have tubber tips that contact and wipe the sides of the stationary tub for the most efficient mixing. For.greater safety, the mixer should be equipped with a leveroperatcd clutch. While these comments are selected safety precautions, it is the user's responsibility to see that any equipment lit use is not hazardous in a physical or mechanical way to operators and attendant- personnel, and that safe work practices are required at ell times. 10.2 Mixing Procedure for Preliminary Actutmenr: 10,2.1 Use a 3000-g sample to determine the consistency classilieation and to determine the water content of gout tested at a maximum flowability. 10.2.2 For less than whole package amounts, weigh all grout on a balance or on a platform scale to the nearest 0.1%0. 10.2.3 Measure the water by mass or volume to the nearest 0.1%. 10.2.4 Mix for 3 min, briefly stopping the mixer (not over 15 s) ut I'min to scrape into the batch any grout that may have collected- on the side of the bowl. Use other mixing procedures -if recommended by the manufacturer (Note 3). Nora 3 —It is advisable to cover the bowl with a lid whik mixing. A metal disc in which a slit has been cut to accommodate the mixer shaft ci 0 CRD-C 621-93 0 0 B 0 0 -j1 II a 0 0 1 0 0 0 a a 0 has hcen found suitable. If excessive splash•twt r occurs, a lar�cr mixer Sh.tuld be ueed. 10.3 Procedure for Grout Performance Qrtal(Tcations: 10.3.1 Prepare all performance -qualification specimens from the batch of grout prepared as described herein. Perform tests to verify compliance with performance require- ments (see Note 2). 10.3.2 With materials and equipment brought to the testing temperature, use enough whole bags of material to produce a minimum 56 L (2 fi') of mixed grout. Use this batch for both freshly -mixed and delayed -mixed testing at one specified temperature. Place the total required amount of mixing water in the mixer (Note 4). Use the weighed contents of the packages to determine the amount of water added. Then, with the mixer running, add the grout material in a steady flow, sliding it into the mixer along the side away from the discharge. After mixing for I min, stop the mixer for not more than 30 s and scrape down the sides and blades (see Note 2). Mix for 5 min after all the dry grout has been added, unless otherwise recommended by the manufacturer. NOTE 4 —Extensive lumping generally occurs during the procedure far adding grout and water. if it occurs repeatedly, try adding about 50 % of the water, then add all of the grout. Add the remaining water after about I Rain. If lumping persists, contact the grout manufacturer for recommendations. I0.3.3 After completely mixing, discharge a portion of the material through a 9.5 -mm ('/,�-in.) mesh screen into a clean, pre -wet container. if lumps or balls of partially mixed material remain on the screen, reject the entire batch and start over. 10.3.4 Leave the portion of grout to be tested later in the mixer with the mixer' running, unless otherwise recom- mended by the manufacturer, for the period recommended by the manufacturer as the maximum usable working time. 10.3.5 If the manufacturer requires other equipment or a 4iffcrertt mixing procedure, or both, when using a particular grout, they may be used if adequately detailed in the manufacturer's instructions. 11. Test Methods 11.1 Consistency:: . 11.1.1 Determine the consist -icy of the grout mixture using the conditions for testing in accordance with Test Method C 827. To adjust for consistency, repeat the proce- dure starting with dry material. Do not add water or dry material -to an existing mixture. 11.1,2 Determine the consistency with the required water content, at the temperature extremes allowed by the manu- facturer, both with freshly -mixed grout and grout mixed to. the maximum allowed usable working time. The consistency at the end of the maximum allowed usable working time at each of the allowed temperature extremes shall remain within the specified flow ranges. 11.1.3 Do not adjust the water at extreme conditions unless recommended by the manufacturer. When water adjustment is recommended, perform tests required by this specification to verify that the water -adjusted grout meets the requirements of this specification. 11.2 Yield —Determine the yield of the grout using the 400-mL cylindrical measure described in Test Method C 185. 11.2.1 Calculation —Calculate the unit weight of the grout in accordance with Test Method C 138 and calculate the yield of freshly mixed grout per package of specified weight as follows: Y=(l ..A) —t where: Y - Yield of grout, ft(or m') to 0.001 fta (0.03 dm3), 11' - Unit weight of grout, lb/ft' (or kg/m'), 4 = Fraction of water added to grout. Mass of Water Mass of Dry Grout, IF, - Net weight marked on package, lb (or kg). 11.3 Early Age Height Change —Determine the early -age height change of grout in accordance with the applicable portions of Test Method C 827. 11.4 Height Change of Hardened Grout: 11.4.1 Determine height change of hardened grout at 1, 3, 14 and 28 days in accordance with Test Method C 1090 and report. 11.4.2 At 28 days age, leave specimens in the apparatus and expose to 50 .no relative humidity air, in accordance with Test Method C 157, until 56 days age. Determine the net change in specimen height after 28 days of moist curing followed by 28 days of storage in 50 % relative humidity air at73.4±3'F. 11.5 Compressive Strength —Determine compressive strength in accordance with the applicable portions of Test Method C 109 except as modified in this section. l 1.5.1 For fluid or Towable grouts (See Note 5). fill each mold in the set halfway. Puddle each with a gloved finger rive times to consolidate. Fill the mold and puddle again. When filling the mold, use sufficient material so that after the final consolidation the mold is slightly overfilled. Bring the excess grout to the center and -finish the surface by cutting off the excess with the straightedge of a trowel held vertically and drawn across the top of the mold with a sawing motion. Plastic grouts (see Note 5) shall be consolidated as described in Test Method C 109. 11.5.2 Clamp a cover plate over the cube molds using two C -clamps, taking care that the grout does not prevent seating of the plate. The cover plate shall be rigid, nonreactive and not hiss than 1/4 in. (6 mm) thick. The cover plate should overlap the cube mold by not less than 1/, in. (6 mm). Immediately place lest specimens in moist room. 11.5.3 For I day compressive strength specimen, strip molds at 24 t ½ h after molding. Strip remaining molds at 72± I h after molding and place specimens in moist cabinet or moist room protected from dripping water. Three cubes shall be tested at each age —.1, 3, and 28 days. Nate 5 —The terns fluid, Anwable. and plastic are used as described in the Preparation of Mixtures section or Test Method C 827. 12. Report 12.I Report the following information: 12.1.1 Source and identification of grout tested, 1,2.1.2 Details of any variations and options practiced by the lister that arc recommended or allowed by the manufac- turer or others. Also, designate by whom exceptions are allowed or recommended, Li 4 CRD-C 621-93 0 0 ci ci 0 12.1.3 Number and size of each kind of grout specimen and the date molded, 12.1.4- Consistency at the time the specimens were molded and the water to dry solids ratio, 12.1.5 Mixing temperature and curing temperature, 12.1.6 Identity of specimens as being from (a) freshly - mixed grout or (b) grout from end of maximum allowed usable working time. State the mixing are of grout when the specimens were prepared, 12.1.7 Height change from placement to time of final setting, %, 12.1.8 Height change of hardened, moist -cured grout at specimen age of 1, 3, 14 and 28 days, 9b, 12.1.9 Height change of hardened grout at 56 days of age when exposed to air drying for 28 days after 28 days of moist -curing, %, and " 12.1.10 Compressive strength of cubes at 1, 3, 7, and 28 days. 0 13. Inspection and Rejection 13.1 Inspection and criteria for rejection of the dry grout material shall be agreed upon between the purchaser and the manufacturer as part of the purchase contract. 14, Certification 14.1 The purchaser may. at the time of purchase. request the manufacturer to certify that his product supplied under terms of the purchase contract meets the requirements of this specification. 15. Product Marking 15.1 All packs -gee shall show at least the following infor- mation in dearly legible form: 15.1.1 grand Name, 15.1.2 pate of manufacture and the recommended use expiration date. and 15.1.3 Lot identification number. 15.2 The following additional information shall be either marked on package or attached to it: 15.2.1 Surface preparation, mixing, placing. and curing instructions, 15.2.2 Maximum amount of mixing water to be used, or maximum recommended consistency, 15.2.3 Unit weight and yield at maximum recommended mixing water content, or maximum consistency, 15.2.4 Recommended maximum usable working time, "pot -life," and approximate consistency at end of that time. Usable working time shall not exceed the time after initial mixing that grout retains properties required in this specifi- cation, and 15,2.5 High and low temperatures during preparation and placement within which the grout will meet the requirements of this specification. 1 1 HA Amulca n Sochry l Taatlnp arks r 46daa11s takaa no ppahlon I pacfk g the vagdib of any patent riprrta aaaerted Ili connacrlon ILLf wth any Item matlo a d L thus trNCWd ah rr ci this M andvd are sgr.War adrfaad rhw dammkwka of ell! Yalkl4y of any such patwe rights, and IN flak of ktfr&' e,nonl of ouch rfplga, vs afnkwy Mary awn raepmylplbly. U. This anndud is autafact to rivlatoi at arty ani by iba rrapons1bli t.chntcatmrrvnhtra and must be favMwad av ry Hra Years -and lent rwtaad, antler raapprovad er whhdhwn. Your commanta stn Wad ehfiv fax :&Mort d rhla standard pr for adoltfonaf Mandrrda and ahuufd ai iddnased to ASTM Her $quiMm Your c vt n is net racM. owl stamtlon at ■ moatkp of the mpo bM Iscnlllcaf a;omrrrnae, which you may iltwd N you taw Mar your cromnw,vs have to racdrd a Ml, hwing you shdatd make your Yiawa known to IN ASTM OonapkTN on Standania, 116 Raw ST., Phrraditpnf,, PA r9r0a. 0 B ii 0 0 ill II Ii F. Q 0 a 0 I 0 0 0 11 11 0 0 0 I�1 u Q 0 0 Q APPENDIX C CORPS OF ENGINEERS AUTHORIZATION Q9601600_Specs.wpd B 0 0 0 5-- 3 11 El J I • DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P.O. BOX 17300 FORT WORTH, TEXAS 76102-0300 REPLY TO ATTENTION OF: August 27, 1998 Operations Division Mr. Leroy Cook Western Division Manager Tarrant Regional Water District 1022 North Calhoun Fort Worth, Texas 76106-0508 Dear Mr. Cook: I am replying to a request from Mr. Rick Carroll of your;•,. office for our review of the plans for the proposed rehabilitation of four water main crossings of the Trinity River in the city of Fort Worth, Tarrant County, Texas. All of the crossings are located in the Fort Worth Floodway. This project has been assigned Project Number 199800328. Please include this number in all future correspondence concerning this project. The proposed work is acceptable and is hereby authorized. My staff reviewed the plans for the proposed work in accordance with the provisions of 33 CFR, Section 208.10, pertaining to work in Federally constructed local flood protection projects. We have determined that this proposed work will not adversely affect the operation and maintenance of the Fort Worth Floodway and will comply with the provisions of 33 CFR. My staff also reviewed the project in accordance with Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. Under Section 404, the U.S. Army Corps of Engineers (USAGE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands. Our responsibility under Section 10 is to regulate any work in, -or affecting, navigable waters of the United States. Based on the description of the proposed work and other U U information available to us, we have determined that these projects will not involve activities subject to the requirements of Section 10. However, Crossing Number 1 and Crossing Number 2 fl will involve activities subject to the requirements of Section 404. Therefore, they will require Department of the Army authorization. ft.. . . ci 0 I -2- 0 fl appears that these projects are authorized by Nationwide Permit 12 for Utility Line Discharges and Nationwide Permit 3 for Maintenance, respectively (copies enclosed). To use these fl permits, the person responsible • for the project must ensure that the work is in compliance with the specifications and conditions listed on the enclosures. Our verification for the construction of an activity under these nationwide permits is valid for two years from the date of this letter, unless prior to that date the nationwide permit is Ii suspended or revoked, or modified such that the activity would no longer comply with the terms and conditions of the nationwide permit on a regional or national basis. Continued confirmation that an activity complies with the specifications and conditions, and any changes to the nationwide permit, is the responsibility of the permittee. fl Our review of these projects also addressed their effects on endangered species. Based on the information provided, we have determined that these projects will not affect any species listed as threatened or endangered by the U.S. Fish and Wildlife Service within our permit area. However, please note that you are responsible for meeting the requirements of general condition 11 U Ii I 0 0 0 0 ci on endangered species. The permittee must sign and submit to us the enclosed certification that the work, including any required mitigation, was completed in compliance with the nationwide permit. You should submit your certification within 30 days of the completion of work. This authorization and these permits should not be considered as an approval of the design features of any activity authorized or an implication that such construction is considered adequate for the purpose intended. It does not authorize any damage to private property, invasion of private rights, or any infringement of Federal, state, or local laws or regulations. Thank you for your interest If you have any questions about please contact Mr. Steve Dempsey telephone at (817) 978-4647. If in our nation's water resources. the provisions in Section 208.10, at the address above or by you have any questions [1 -3- concerning our regulatory program, please contact Mr. Jim Herrington at the address above or by telephone at (817) 978-2188. If you would like more information about our nationwide permit program, please contact us and we will furnish you with a copy of the nationwide permit regulations. Sincerely, es S. Weller onel, Corps of Engineers ;. District Engineer Enclosures NATIONWIDE PERMIT 3 Maintenance Effective Date: February 11, 1997 The repair, rehabilitation, or replacement of any previously authorized, currently serviceable, structure or fill, or of any currently LLL!!! serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area including those due to changes in materials, construction techniques, or current construction codes or safety standards which are necessary to make repair, rehabilitation, or replacement are permitted, provided the environmental effects resulting from such repair, rehabilitation, or replacement are minimal. Currently serviceable means useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. This NWP authorizes the repair, rehabilitation, or replacement of those structures destroyed by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced or under contract to commence within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the District Engineer, provided the permittee can demonstrate funding, contract, or other similar delays. Maintenance dredging and beach restoration are not authorized by this NWP. (Sections 10 and 404) NATIONWIDE PERMIT CONDITIONS GENERAL CONDITIONS: The following general conditions must be followed in order for any authorization by a NWP to be valid: I. Navigation: No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance: Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. Li3. Erosion and Siltation Controls: Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements: No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity s primary purpose is to impound water. 5. Equipment: Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize ^') soil disturbance. 6. Regional and Case -by -Case Conditions: The activity must comply with any regional conditions which may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state or tribe in its section 401 water quality certification. UiWild and Scenic Rivers: No activity may occur in a component of the National Wild and Scenic River System; or in a river . officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service.) 8. Tribal Rights: No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality Certification: In certain states. an individual Section 401 water quality certification must be obtained or waived (see 33 CFR 330.4(c)). - 10. Coastal Zone Management: In certain states, an individual state coastal zone management consistency concurrence must he obtained or waived (see Section 330.4(d)). i.f 0 0 II. Endangered Species: U. A. • No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if ci any listed species or critical habitat might be affected or is in the vicinity of the project, and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. B. Authorization of an activity by a nationwide permit does not authorize the take of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with incidental take provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal takes of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at http://www.fws.gov/—r9endspp/endspp.html and http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery, respectively. Q 0 II 0 0 ci 0 a U 0 ci 0 12. Historic Properties: No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 3 30.4(g)). 13. Notification: A. ' Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a Pre -Construction Notification (PCN) as early as possible and shall not begin the activity: I . Until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or 2. If notified by the District or Division Engineer that an individual permit is required; or 3. Unless 30 days (or 45 days for NWP 26 only) have passed from the District Engineer's receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). B. Contents of Notification: The notification must be in writing and include the following information: Name, address and telephone numbers of the prospective permittee; 2. Location of the proposed project; 3. Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity; and 4. ForN'WPs 14, 18, 21, 26, 29, 34, and 38, the PCN must also include a delineation of affected special aquatic sites, including wetlands (see paragraph 13(0); For NWP 21 - Surface Coal Mining Activities, the PCN must include an OSM or state approved mitigation plan. 6. For NWP 29 -Single -Family Housing. the PCN must also include: Any past use of this NWP by the individual permittee and/or the permittee's spouse; ii. A statement that the single-family housing activity is for a personal residence of the permittee: I J iii. A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this j E N\VP, parcels of land measuring 0.5 acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than 0.5 acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); iv. A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee s spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the- entirety) and any land on which a purchase and EJsale agreement or other contract for sate or purchase has been executed; 7. For NWP 31 — Maintenance of Existing Flood Control Projects, the prospective permittee must either notify the District Engineer with a Pre -Construction Notification (PCN) prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: i. Sufficient baseline information so as to identify the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided that the approved flood control protection or drainage is not increased; ii. A delineation of any affected special aquatic sites, including wetlands; and, iii. Location of the dredged material disposal site. 8. For NWP 33 — Temporary Construction, Access, and Dewatering, the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. C. Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the rJ notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(7) of General Condition 13. A letter may also be used. D. District Engineer's Decision: In reviewing the pre -construction notification for the proposed activity, the District �,j Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may, optionally, submit a Lf proposed mitigation plan with the pre -construction notification to expedite the process and the District Engineer will consider any optional mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects are minimal, the District Engineer will notify the permittee and include any conditions the DE deems necessary. Any mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee elects to submit a mitigation plan, the District Engineer will expeditiously review the proposed mitigation plan, but will not commence a second 30 -day (or 45 -day for NWP 26) notification procedure. If the net adverse effects of the project (with the mitigation . III' proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant stating that the project can proceed under the terms and conditions of the nationwide permit. Q If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then he will notify the applicant either: (l) that the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2)"that the project is authorized under the NWP subject to the applicant's submitting a mitigation proposal that would reduce the -adverse effects to the minimal level; or (3) that the project is authorized [( under the NWP with specific modifications or conditions. E. A cncv Coordination: The District Engineer will consider any comments from Federal and State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's U. adverse environmental effects to a minimal level. 1. For NWP 14, 21, 26 (between I and 3 acres of impact), 29, 33, 37, and 38. The District Engineer will, upon receipt of a notification, provide immediately, e.g.. facsimile transmission, overnight mail or other expeditious manner, a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service. \Vith the exception of N\VP 37, these agencies will then have 5 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site -specific comments. If so contacted by an agency, the District Engineer will wait an additional 10 calendar days (16 calendar days for NWP 26 PCNs) before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the 0 £ ci resource agency. The District Engineer will indicate in the administrative record associated with each notification that the resource B. agencies' concerns were considered. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. 2. Optional Agency Coordination. For NWPs 5, 7, 12, 13, 17, 18, 27, 31, and 34, where a Regional Administrator of EPA, a Regional Director of USFWS, or a Regional Director of NMFS has formally requested general notification from the District Engineer for the activities covered by any of these NWPs, the Corps will provide the requesting agency with notification on the particular NWPs. However, where the agencies have a record of not generally submitting substantive comments on activities covered by any of these NWPs, the Corps district may discontinue providing notification to those regional agency offices. The District Engineer will coordinate with the resources agencies to identify which activities involving a PCN that the agencies will provide substantive comments to the Corps. The District Engineer may also request comments from the agencies on a case by case, basis when the District Engineer determines that such comments would assist the Corps in reaching a decision whether effects are more than minimal either individually or cumulatively. 3. Optional Agency Coordination, 401 Denial. ForNWP 26 only, where the state has denied its 401 water quality certification for activities with less than I acre of wetland impact, the EPA regional administrator may request agency coordination of PCNs between 1/3 and I acre. The request may only include acreage limitations within the 1/3 to I acre range for which the state has denied water quality certification. In cases where the EPA has requested coordination of projects as described here, the Corps will forward the PCN to EPA only. The PCN will then be forwarded to the Fish and Wildlife Service and the National Marine Fisheries Service by EPA under agreements among those agencies. Any agency receiving the PCN will be bound by the EPA't- timeframes for providing comments to the Corps. F. Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps. For NWP 29 see paragraph (b)(6)(iii) for parcels less than 0.5 acres in size. The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 30 -day period (45 days for NWP 26) will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. G. Mitieation: Factors that the District Engineer will consider when determining the acceptability of appropriate and practicable mitigation include, but are not limited to: 1. To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes; fl 2. To the extent appropriate, permittees should consider mitigation banking and other forms of mitigation including contributions to wetland trust funds, in lieu fees to organizations such as The Nature Conservancy, state or county natural resource management agencies, where such fees contribute to the restoration, creation, replacement, enhancement, or preservation of wetlands. Furthermore, examples of mitigation that may be appropriate and practicable include but are not limited to: reducing the size of the project; establishing wetland or upland buffer zones to"protect aquatic resource values; and replacing the loss of aquatic resource values by creating, restoring, and enhancing similar functions and values. In addition, mitigation must address wetland impacts, such as functions and values, and cannot be simply used to offset the acreage of wetland losses that would occur in order fl to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5 acres of wetlands cannot be created to change a 6 -acre loss of wetlands to a I acre loss; however, 2 created acres can be used to reduce the impacts of a 3 -acre loss.). 14. Compliance Certification: Every permittee who has received a Nationwide permit verification from the Corps will.submit a U. signed certification regarding the completed work and any required mitigation. The certification will be forwarded to the Corps with the authorization letter and will include: a.) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; b.) A statement that any required mitigation was completed in accordance with the permit conditions; c.) The signature of the permittee certifyingthe completion of the work and mitigation. 15. Multiple Use of Nationwide Permits: In any case where any NWP number 12 through 40 is combined with any other NWP number 12 through 40, as part ofa single and complete project, the permittee must notify the District Engineer in accordance with paragraphs a, b, and con the Notification General Condition number 13. Any NWP number I through II may be combined with fl any other NWP without notification to the Corps, unless notification is otherwise required by the terms of the N\VPs. As provided at 33 CFR 330.6(c) two or more different NV/Ps can be combined to authorize a single and complete project. However, the same NWP cannot he used more than once for a single and complete project. U - ci £3 SECTION 404 ONLY CONDITIONS: In addition to the General Conditions, the following conditions apply only to activities that fl involve the discharge of dredged or fill material into waters of the U.S., and must be followed in order for authorization by the NWPs to be valid: 1. Water Supply Intakes: No discharge of dredged or fill material may occur in the proximity of a public water supply intake flexcept where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2. Shellfish Production: No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless El. the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. 3. Suitable Material: No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). El 4. Mitigation: Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e., on -site), unless the District Engineer approves a compensation plan that the District Engineer determines is more beneficial to the environment than on -site minimization or avoidance measures. 5. Spawning Areas: Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 6. Obstruction of High Flows: To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). D 7. Adverse Effects From Impoundments: If the discharge creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. Q 8. Waterfowl Breeding Areas: Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 9. Removal of Temporary Fills: Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 0 0 L ii 0 I 0 D NATIONWIDE PERMITS The following is a list of the nationwide permits that became effective on February 11, 1997: I. Aids to Navigation 2. Structures in Artificial Canals 3. Maintenance 4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities 5. Scientific Measurement Devices 6. Survey Activities 7. Outfall Structures 8. Oil and Gas Structures. 9. Structures. in Fleeting and Anchorage Areas 10. Mooring Buoys 11. Temporary Recreational Structures 12. Utility Line Discharges 13. Bank Stabilization 14. Road Crossings 15. U.S. Coast Guard Approved Bridges 16. Return Water from Upland Contained Disposal Areas 17. Hydropower Projects 18. Minor Discharges 19. Minor Dredging 20. Oil Spill Cleanup 21. Surface Coal Mining Activities 22. Removal of Vessels 23. Approved Categorical Exclusions 24. State Administered Section 404 Programs 25. Structural Discharges 26. Headwaters and Isolated Waters Discharges 27. W t!a: d and Riparian Restoration and Creation Activities 28. Modifications of Existing Marinas 29. Single -Family Housing 30. Moist Soil Management for Wildlife 31. Maintenance of Existing Flood Control Projects 32. Completed Enforcement Actions 33. Temporary Construction, Access and Dewatering 34. Cranberry Production Activities 35. Maintenance Dredging of Existing Basins 36. Boat Ramps 37. Emergency Watershed Protection and Rehabilitation 38. Cleanup of Hazardous and Toxic Waste 39. Reserved 40. Farm Buildings r Q NATIONWIDE PERMIT 12 Utility Line Discharges j Effective Date: February 11, 1997 Discharges of dredged or fill material associated with excavation, backfill or bedding for utility lines, including outfall and intake structures, provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. The term "utility line" does not include activities which drain a water of the United States, such as drainage tile; however, it does apply to pipes conveying drainage from another area. This NWP authorizes mechanized landclearing necessary for the installation of utility lines, including overhead utility lines, provided the cleared area is kept to the minimum necessary and preconstruction contours are maintained. • However, access roads, temporary or permanent, or foundations associated with overhead utility lines are not authorized by this NWP. fl Material resulting from trench excavation may be temporarily sidecast (up•to three months) into waters of the United States, provided that the material is not placed in such a manner that it is dispersed by currents or other forces. The DE may extend the period of • temporary side -casting not to exceed a total of 180 days, where appropriate. The area of waters of the United States that is disturbed must be limited to the minimum necessary to construct the utility line. In wetlands, the top 6" to 12" of the trench should generally be backfilled with topsoil from the trench. Excess material must be removed to upland areas immediately upon completion of construction. Any exposed slopes and stream banks. must be stabilized immediately upon completion of the utility line. (See 33 CFR Part 322). Notification: The permittee must notify the district engineer in accordance with the "Notification" general condition, if any of the following criteria are met: a. Mechanized landclearing in a forested wetland; b. A Section 10 permit is required for the utility line; - __ c. The utility line in waters of the United States exceeds 500 feet; or, O d. The utility line is placed within ajurisdictional area (i.e., a water of the United States), and it runs parallel to a stream bed that is within that jurisdictional area. (Sections 10 and 404) NATIONWIDE PEr%l./IIT CONDITIONS GENERAL CONDITIONS: The following general conditions must be followed in order for any authorization by aNWP to be valid: El1. Navigation: No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance: Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls: Appropriate erosion and siltation controls must be used and maintained in effective operating 4S condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements: No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity s primary purpose is to impound water. 5. Equipment: Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil Udisturbance. 6. Regional and Case -by -Case Conditions: The activity must comply with any regional conditions which may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state or tribe in its section 401 water quality certification. n 7. Wild and Scenic Rivers: No activity may occur in a component of•the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of nLand Management, U.S. Fish and Wildlife Service.) I 1. ___ 8. Tribal Rights: No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality Certification: In certain states, an individual Section 401 water quality certification must be obtained or waived (see 33 CFR 330.4(c)). 10. Coastal Zone Management: In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330.4(d)). 11. Endangered Species: A. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project, and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized.. B. Authorization of an activity by a nationwide permit does not authorize the take of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a ` Biological Opinion with incidental take provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal takes of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife I t Service and National Marine Fisheries Service or their world wide web pages at httplhvww.fws.gov/ r9endspp/endspp.html and `.1 http://l ingfish.spp.mnfs.gov/tmeintyr/prof res.html#ES and Recovery, respectively. 12. Historic Properties: No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and Uthat the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). 13. Notification: I�.JI A. Timin : Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a Pre -Construction Notification (PCN) as early as possible and shall not begin the activity: 1. Until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer, or 2. If notified by the District or Division Engineer that an individual permit is required; or 3. Unless 30 days (or 45 days for NWP 26 only) have passed from the District Engineer's receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). B. Contents of Notification: The notification must be in writing and include the following information: I. Name, address and telephone numbers of the prospective permittee; 2. Location of the proposed project; D 3. Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s) or individual permit(s) used or intended to be used to authorize any. part of the proposed project or any related activity; and U 4. For NV/PS 14, 18,21,26, 29, 34, and 38, the PCN must also include a delineation of affected special aquatic sites, including wetlands (see paragraph 13(f)); 5. For NWP 21 - Surface Coal Mining Activities, the PCN must include an OSM or state approved mitigation plan. I ci a SECTION 404 ONLY CONDITIONS: In addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or fill material into waters of the U.S., and must be followed in order for authorization by the NWPs to be valid: 1. Water Supply Intakes: No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2. Shellfish Production: No discharge of dredged or fill material may occur in areas of concentrated shellfish production. unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. 3. Suitable Material: No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, LJ asphalt, etc.) and material discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). U. 4. Mitigation: Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project, site (i.e., on -site), unless the District Engineer approves a compensation plan that the District Engineer determines is more beneficial to the environment than on -site minimization or avoidance measures. _ D5. Spawning Areas: Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 6... Obstruction of High Flows: To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters).` 7. Adverse Effects From Impoundments: If the discharge creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. US. Waterfowl Breeding Areas: Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 9. Removal of Temporary Fills: Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 0 Ii 0 0 0 I 0 0 �7. :1 :3 J 7 :3 :1 NATIONWIDE PERMITS The following is a list of the nationwide permits that became effective on February 11, 1997: I. Aids to Navigation 2. Structures in Artificial Canals 3. Maintenance 4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities 5. Scientific Measurement Devices 6. Survey Activities 7. Outfall Structures 8. Oil and Gas Structures 9. Structures in Fleeting and Anchorage Areas 10. Mooring Buoys 11. Temporary Recreational Structures 12. Utility Line Discharges 13. Bank Stabilization 14. Road Crossings 15. U.S. Coast Guard Approved Bridges 16. Return Water from Upland Contained Disposal Areas 17. Hydropower Projects 18. Minor Discharges 19. Minor. Dredging 20. Oil Spill Cleanup 21. Surface Coal Mining Activities 22. Removal of Vessels 23. Approved Categorical Exclusions 24. State Administered Section 404 Programs 25. Structural Discharges 26. Headwaters and Isolated Waters Discharges 27. Wetland and Riparian Restoration and Creation Activities 28. Modifications of Existing Marinas 29. Single -Family Housing 30. Moist Soil Management for Wildlife 31. Maintenance of Existing Flood Control Projects 32. Completed Enforcement Actions 33. Temporary Construction, Access and Dewatering 34. Cranberry Production Activities 35. Maintenance Dredging of Existing Basins 36. Boat Ramps 37. Emergency Watershed Protection and Rehabilitation 38. Cleanup of Hazardous and Toxic Waste 39. Reserved 40. Farm Buildings PERMIT COMPLIANCE CERTIFICATION Permit Number•. Name of Permittee: Date of Issuance: 7 7 7 3.... J 7 7 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: Regulatory Branch CESWF-EV-R U.S. Army Corps of Engineers P.O. Box 17300 Foit Worth, Texas 76102-0300 Please note that your permitted activity is subject to a compliance inspection by an'U.S. Army Corps of Engineers representative. If you•fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date • B/H • TEXAS NATURAL RESOURCE CONSVATION COMMISSION Nationwide Permit Water Quality Certification Conditions (� February 11, 1997 J Page 1 QStaidard Proviiiona: These following provisions attach to any permit issued by the Corps of Engineers and shall be followed by the permittee or any employee, agent, contractor or subcontractor of the permittee during any phase of work authorized by a Corps permit. 1. The water quality of wetlands shall be maintained in accordance with all applicable provisions of the Texas Surface Water Quality Standards including the General, Narrative and Numerical Criteria. . 2. The applicant shall not engage in any activity which will cause surface waters to be toxic to Dman, aquatic life or to terrestrial life. 3. Permittee shall employ measures to control spills of fuels, lubricants, or any other materials to prevent them from entering a watercourse. All spills shall be promptly reported to the TNRCC; Emergency Spill Response, at (512) 463-7727. Before using tire for fill material, the applicant must obtain the necessary authorization from the Water Tire Recycling Program, MC223, TNRCC, P.O. aBox 13087, Austin, TX, 78711-3087. Phone number (512) 239-6001. 4. Sanitary wastes shall be retained for disposal in some legal manner. Marinas and similar -. I] operations which harbor boats equipped with marine sanitation devices shall provide state/federal permitted treatment facilities or pump out facilities for ultimate transfer to a permitted treatment facility. Additionally, marinas shall display signs in appropriate locations advising boat owners that the discharge of sewage from a marine sanitation device to waters in the state is a violation of state (j U and federal law. 5. Materials resulting from the destruction of existing structures shall be removed from the water or areas adjacent to the water and disposed of in some legal manner. 6. A discharge shall not cause substantial and persistent changes from ambient conditions of D turbidity or color. The use of silt screens or other appropriate methods is encouraged to confine suspended particulates. 7. The placement of any material in a watercourse or wetlands shall be avoided and placed there only with the approval of the Corps when no other reasonable alternative is available. If work within a wetland is unavoidable, gouging. or rutting of the substrate is prohibited. Heavy equipment shall be placed on mats to protect the substrate from gouging and rutting if necessary. Prior to the construction of an impoundment, the applicant must obtain the necessary authorization from the Water Rights Permitting Section, MC 148, TNRCC, P.O. Box 13087, Austin, TX, 78711-3087. OPhone number (512) 239-5901. 8. Dredge Material Placement: Dredged sediments shall be placed in such a manner as to prevent oany sediment runoff onto any adjacent property not owned by the applicant. Liquid runoff from the disposal area shall be retained on -site or shall be filtered and returned to the watercourse from which El 0 ] - TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Nationwide Permit Water Quality Certification Conditions February11,1997 ] - Page 3 18. The work of the applicant shall be conducted such that surface waters are maintained in an aesthetically attractive condition, foaming or frothing of a persistent nature is avoided and surface waters shall be maintained so that oil, grease, or related residue will not produce a visible film of oil or globules of grease on the surface or coat the banks or bottoms of the watercourse. 19. This certification shall not be deemed as fulfilling the applicant's/permittee's responsibility to obtain additional authorization/apprdval from other local, state or federal regulatory agencies having special/specific authority to preserve and/or protect resources within the area where the work will occur. Nationwide Permit 13 (Bank Stabilization) Before using tires for bank stabilization, the applicant must obtain the necessary authorization from the Waste Tire Recycling Program, MC 223, TNRCC, P.O. Box 13087, Austin, TX, 78711-3087. Phone number (512) 239-6001. J Nationwide Permit 16 (Return Water From Upland Disposal Areas) Effluent from an upland contained dredged r;;ateriadisrosal area shall not exceed a Total Suspended Solids (TSS) concentration of 300 mg/1 unless an individual certification has been issued with site - specific TSS limits. There may be times during the term of this Nationwide Permit when the TNRCC identifies areas with. contaminated sediment. After the TNRCC identifies these areas in writing to the Corps, persons filing a predischarge notice for work in one of these areas will be required to obtain an individual Section 401 certification or waiver from the state. Because of potential mercury contamination of the sediments in Cox Bay and Lavaca Bay, any return flow from activities occurring there will require an individual Section 401 certification or waiver. Nationwide Permit 19 (Minor Dredging) There may be times during the term of this Nationwide Permit when the TNRCC identifies areas with contaminated sediment. After TNRCC identifies these areas in writing to the Corps, persons filing a predischarge notice for work in one of these areas will be required to obtain an individual Section 401 Dcertification or waiver from the state. Because of potential mercury contamination of the sediments in Co z Bay and Lavaca Bay, any dredging activities occurring there will require an individual Section 401 certification or waiver. 0 1 City of Fort Worth, Texas qVC1.9or and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/11/99 **C-17424 30RIVER 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO LARRY H. JACKSON CONSTRUCTION, INC. FOR WATER REHABILITATION CONTRACT II RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $1,291,170 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $1,291,170 from available funds; and 3. Authorize the City Manager to execute a contract with Larry H. Jackson Construction, Inc. in the amount of $1,136,170 for Rehabilitation Contract II. DISCUSSION: On April 23, 1996 (M&C C-15411), the City Council authorized the City Manager to execute an engineering agreement with Dunaway Associates, Inc. to prepare plans and specifications for Water Rehabilitation Contract II. The project is generally bound on the north by the West Fork of the Trinity River, on the south by Interstate Highway 30, on the east by North Main Street, and on the west by the Clear Fork of the Trinity River. The proposed improvements consist of the installation of approximately 1,900 linear feet of 36 -inch water line which replaces the 36 -inch cast iron water main that broke last summer, flooding the Holly Water Treatment Plant. The project is located in COUNCIL DISTRICTS 2 and 9, Mapsco 62Y, 76C and G. The project was advertised for bid on January 7 and 14, 1999. On February 4, 1999, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Larry H. Jackson Construction, Inc. $1,136,170 150 Calendar Days Even though only one bid was received, staff considers this bid to be fair and reasonable for the scope of work involved with this project. In addition to the contract cost, $35,000 is required for inspection and survey and $120,000 is provided for project contingencies. Larry H. Jackson Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 21% M/WBE participation. The City's goal on this project is 21%. City of Fort Worth, Texas qVinvor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/11/99 **C-17424 30RIVER 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO LARRY H. JACKSON CONSTRUCTION, INC. FOR WATER REHABILITATION CONTRACT II FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion -of recommendation 1, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Project Fund. MG:j 1# Submitted for City Manager's FUND Office by: (to) 1&2) PW53 Mike Groomer 6140 2) PW53 Originating Department Head: 2) PW53 A. Douglas Rademaker 6157 (from) 3) PW53 Additional Information Contact: 1) PE45 A. Douglas Rademaker 6157 ACCOUNT CENTER AMOUNT CITY SECRETARY APP VED CITY COUINCH» MAY 11 t�`( CSOCT? bf City ai Foil WOrlhr TO 472095 060530174340 $1,271,170.00 541200 060530174340 $1,256,170.00 531350 030530174340 $ 35,000.00 541200 060530174340 $1,136,170.00 538070 0609020 $1,291,170.00 Adopted Ordinance No. j3g� City of Fort Worth, Texas "affor and Council COMmunicAtian DATE REFERENCE NUMBER LOG NAME PAGE 6/15/99 **C-17465 - 30CONVEY I of 1 SUBJECT RESCISSION OF AWARD OF CONTRACT TO LARRY H. JACKSON CONSTRUCTION, INC. FOR WATER REHABILITATION CONTRACT II AND AWARD OF CONTRACT TO JACKSON CONSTRUCTION, INC. FOR WATER REHABILITATION CONTRACT II RECOMMENDATION: It is recommended that the City Council rescind the award of contract to Larry H. Jackson Construction, Inc. for Water Rehabilitation Contract II and authorize the City Manager to execute a contract for Water Main Rehabilitation Contract II with Jackson Construction, Inc. On May 11, 1999 (M&C C-17424), the City Council authorized the City Manager to execute a contract with Larry H. Jackson Construction, Inc. in the amount of $1,136,170 for Water Main Rehabilitation Contract II. At the time of contract award, staff was unaware of the fact that Mr. Jackson had created another company called Jackson Construction, Inc. and erroneously recommended the award to Mr. Jackson's old company, Larry H. Jackson Construction, Inc. Staff now recommends that the previous award to Larry H. Jackson Construction, Inc. be rescinded and that the contract be awarded to Mr. Jackson's new company, Jackson Construction, Inc. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL A. Douglas Rademaker 6157 (from) JUN 15 1999 ? �W. Additional Information Contact: ttyys Sec etary of the A. Douglas Rademaker 6157 4t Fort Worth, Texas