Loading...
HomeMy WebLinkAbout025047 - Construction-Related - Contract - Pate Brothers Construction, Inc.CITY SECRETARY ✓ ` D.O.E. FILE SPECIFICATIONS AND CONTRACTOR'S BONDING O, TRACT DOCUMENTS CONSTRUCTION'S COPY FOR CITY SECRETARY r7 CONTRACT NO. _____ CLIENT DEPAgMRY SEWER MAIN 42 AND 54 DRAINAGE AREA REHABILITATION AND SEWER SYSTEM IMPROVEMENTS (GROUP 4, CONTRACT 1), PART 9 (M -B, M-54, M-298, L-5633, L -621A and L-621) DEPARTMENT OF ENGINEERING PROJECT NO. 1769 WATER DEPARTMENT PROJECT NO. PS46-070460410180 BOB TERRELL CITY MANAGER HUGO A. MALANGA, P.E. DIRECTOR TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMENT OF ENGINEERING 1999 KENNETH BARR MAYOR LEE C. BRADLEY, JR., P.E. DIRECTOR WATER DEPARTMENT C"61* Carter 3 Burgess CARTER & BURGESS, INC. Consultants in Planning, Engineering, Architecture, Construction Management and Related Services 3880 Hulen Street Fort Worth, Texas 76107 (817) 735-6000 C&B No. 94147401 F CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 TO THE PLANS AND SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MAIN 42&54 DRAINAGE AREA REHABILITATION AND SEWER SYSTEM IMPROVEMENTS (GROUP 4, CONTRACT 1), PART 9 DOE NO. 1769 BID RECEIPT DATE May 13, 1999 ADDENDUM ISSUED May 10, 1999 Prospective bidders are hereby notified of the following: l�p� 12 1999 1. Paragraph C6-6.12 of the Part C — General Conditions should be deleted in its entirety and replaced with the following: Co -6.12 I�VIVTRF1l�i f %�'C I�ICJrL'I 0IC.�ILITi FOR DAMAGECLAiI"v10' Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract." 2. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non -responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: By: Afr `J A. Douglas Rademaker, P.E., Director By: D ►` U U Rick Trice, P.E., Manager Consultant Services Pt9addl .doc 0 ii Ii a 0 n 0 0 II 0 I C SPECIFICATIONS AND CONTRACT DOCUMENTS. FOR SANITARY SEWER MAIN 42 AND 54 DRAINAGE AREA REHABILITATION AND SEWER SYSTEM IMPROVEMENTS (GROUP 4, CONTRACT 1), PART 9 (M -B, M-54, M-298, L-5633, L -621A and L-621) DEPARTMENT OF ENGINEERING PROJECT NO. 1769 WATER DEPARTMENT PROJECT NO. PS46-070460410180 BOB TERRELL CITY MANAGER HUGO A. MALANGA, P.E. DIRECTOR TRANSPORTATION AND PUBLIC WORKS '*1 . DAVID M. SMITH 82767 _:9; KENNETH BARR MAYOR LEE C. BRADLEY, JR., P.E. DIRECTOR WATER DEPARTMENT A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMENT OF ENGINEERING 1999 CC* CarterCarter:: Burgess CARTER & BURGESS, INC. Consultants in Planning, Engineering, Architecture, Construction Management and Related Services 3880 Hulen Street Fort Worth, Texas 76107 (817) 735-6000 C&B No. 94147401 F R� 'r • .�S*fir 'ctei N. WWAMS 000.9.. .. _ X794 �:p 4(S(gq Ii II] 0 ri 0 0 0 0 0 0 0 TABLE OF CONTENTS Part A - Notice to Bidders - Comprehensive Notice to Bidders Special Instructions to Bidders Minority and Women Business Enterprise Specifications Part B - Proposal Part C - General Conditions (City of Fort Worth) Part D - Special Conditions Part DA - Additional Special Conditions Part E - Material and Construction Specifications Contractor Compliance With Worker's Compensation Law Part F - Bonds and Insurance Performance Bond Payment Bond Maintenance Bond City of Fort Worth Standard Certificate of Insurance Part G - Contract (City of Fort Worth) Appendix A - State Revolving Fund (SRF) Forms Appendix B - Easements Right -of -Entry Agreements Permits 0 0 0 PART A - NOTICE TO BIDDERS " Sealed proposals for the following: SANITARY SEWER MAIN 42&54 DRAINAGE AREA a(GROUP REHABILITATION AND SEWER SYSTEM IMPROVEMENTS 4, CONTRACT 1), PART 9 (M -B, M-54, M-298, L-5633, L -621A, L-621) • 60 L.F. 8" Sanitary Sewer Pipe by Open Cut 750 L.F. 15" Sanitary Sewer by Open Cut 690 L.F. 16" Sanitary Sewer by Open Cut • 1030 L.F. 18" Sanitary Sewer by Open Cut 490 L.F. 21" Sanitary Sewer by Open Cut 190 L.F. 18" Sanitary Sewer by Other than Open Cut 60 L.F 20" Sanitary Sewer by Other than Open Cut 490 L.F. 12" Sanitary Sewer Rehabilitation with Cured -in -Place Pipe 540 L.F. 15" Sanitary Sewer Rehabilitation with Cured -in -Place Pipe • 580 L.F. 24" Sanitary Sewer Rehabilitation with Cured -in -Place Pipe SEWER PROJECT NO. PS46-070460410180 DEPARTMENT OF ENGINEERING PROJECT NUMBER 1769 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., May 13, 1999 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans for this project may be obtained at the office of p 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 $40.00. U Bidders shall not separate, detach or remove any portion or segment of sheets from the Contract Documents at any time. Bidders shall submit the complete specifications book or risk rejection of bid. U For additional information, please contact Mr. John Boyer, Project Manager at the City of Fort Worth, at (817) 332-5474 or Ms. Gretchen Williams, P.E., at (817) 735-6000. aAdvertising Dates: April 15. 1999 April 22, 1999 0 0 U4/5199 A - 1 94147401 F 0 0 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: SANITARY SEWER MAIN 42&54 DRAINAGE AREA n REHABILITATION AND SEWER SYSTEM IMPROVEMENTS L,i (GROUP 4, CONTRACT 1), PART 9 (M -B, M-54, M-298, L-5633, L -621A, L-621) �J 60 L.F. 8" Sanitary Sewer Pipe by Open Cut 750 L.F. 15" Sanitary Sewer by Open Cut 690 L.F. 16" Sanitary Sewer by Open Cut 1030 L.F. 18" Sanitary Sewer by Open Cut. 490 L.F. 21" Sanitary Sewer by Open Cut 190 L.F. 18" Sanitary Sewer by Other than Open Cut 60 L.F 20" Sanitary Sewer by Other than Open Cut a 490 L.F: 12" Sanitary Sewer Rehabilitation with Cured -in -Place Pipe 540 L.F. 15" Sanitary Sewer Rehabilitation with Cured -in -Place Pipe 580 L.F. 24" Sanitary Sewer Rehabilitation with Cured -in -Place Pipe aSEWER PROJECT NO. PS46-070460410180 DEPARTMENT OF ENGINEERING PROJECT NUMBER 1769 9 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., May 13, 1999, and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. U 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 fl Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of LI $40.00; such deposit will be refunded if the documents are returned in good condition within 10 days after bids are opened. Additional sets may be purchased on a non-refundable basis fl for forty dollars ($40.00) per set. These documents contain additional information for prospective bidders. a All bidders will be required to comply with provision 5159 of 'Vernon's Annotated Civil Statues" of the State of Texas with respect to the payment of prevailing wage rates and City Oridnance • 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. • The City reserves the right to reject any and/or all bids and waive any and/or all formalities. aBidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non - 9 4/599 A-2 94147401 F I 0 responsive. Information regarding the status of addenda may be,obtained by contacting the Department of Engineering at (817) 871-7910. fl AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of the contract(s), if made, will be within ninety (90) days after opening of bids, but in no case will the award be madeuntil all necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award { the contract. Bidders shall not separate, detach or remove any portion or segment of sheets from the Contract Documents at any time. Bidders shall submit the complete specifications book or risk rejection of bid. 0 Any contract or contracts awarded under this Notice to Bidders is (are) expected to be funded in part by a loan from the Texas Water Development Board. Neither the State of Texas nor any of its departments, agencies or employees are, or will be, a party to this Notice to Bidders or any resulting contract. The contract or contracts are subject to regulations contained in 31 TAC, Chapter 363, in effect on the date this contract is executed. In accordance with the City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the participation of Disadvantaged Enterprise in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the a MBE/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) business days after the fl bid opening date. The bidder shall obtain a receipt from the appropriate employee of the contracting department to whom the delivery was made. Such receipt shall be evidence that the Documentation was received by the City. [1 For additional information, contact John Boyer, Project Manager with the City of Fort Worth, at 332-5474 or Ms. Gretchen Williams, P.E. at (817) 735-6000. BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY aDepartment of Engineering A. Douglas Rademaker, P.E. Director Advertising Dates: By: R , ≤ u/u Ii, April 15. 1999[si'Rick Trice, P.E. April 22, 1999 Manager, Consulting Services 0 0 U4/5199 A-3 94147401 F C 0 SPECIAL INSTRUCTION TO BIDDERS (WATER DEPARTMENT) a1. PREQUALIFICATION REQUIREMENT: All contractors submitting bids are required to be pre -qualified by the Fort Worth Water Department prior to submitting bids. This fl pre -qualification 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 Q 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 prepared as to reflect the financial status of the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b. For an experience record to be considered to be acceptable for a given project, fl it must reflect the experience of the firm seeking qualification in work of both the Li same nature and technical level as that of the project for which bids are to be received. Iic. 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. [I 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 the fl 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 a 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 SI-1 4/5/99 94147401 F 0 Li Li 11 the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten 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 maihtenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3-7. LI4. 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. 0 J I 0 I I 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601 g, 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 principle place of business is located. o 8. "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. This provision does not apply if this contract involves Federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 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. U9. 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, fjemployees, subcontractors, program participants, or persons acting on their behalf, SI-2 11 4/5/99 94147401F 0 I 0 I 0 0 0 0 0 0 I I u 0 0 I shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully Comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on; the basis of disability in the provisions of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with the ADFA's provisions and any other applicable Federal, State and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of the 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 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. 0 4/5/99 Upon request, Contractor agrees to provide the Owner cbmplete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Women Business Enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records, or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or 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. SI-3 94147401 F 0 Main 42&54 Drainage Area Rehabilitation and Sewer System Improvements (Group 4, Contract 1), Part 9 City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the MIWBE goal is applicable. If the total dollar value of the contract is less than $25,000, the MIWBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (MIWBE) 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 MIWBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. MIWBE PROJECT GOALS The City's MBE/WBE goal on this project is 17% of the base 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 MIWBE Ordinance by either of the following: 1. Meet or exceed the above stated MIWBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. MIWBE Utilization Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. 2. 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. 3. 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 MIWBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the MIWBE Office at (817) 871-6104. ATTACHMENT IA Page 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBEIWBE UTILIZATION PRIME COMPANY NAME MAIN 42&54 DRAINAGE AREA SS REHAB & IMPR. (GR. 4. CONT. 3), PART 9 PROJECT NAME /)),9- /,3, y 7 BID DATE DOE No. 1769 PROJECT NUMBER CITY'S M/WBE PROJECT GOAL: 17% M/WBE PERCENTAGE ACHIEVED: ailure to complete this form, in its entirety with supporting documentation, and received by the Managing Departmen n or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bi eing considered non -responsive to bid specifications. he undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in thi chedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowin isrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non esponsive to specifications. Company Name, Contact Name, Address, and Telephone No. Certified Specify All Contracting Scope of Work (*) Specify All Items to be Supplied(*) `m N F- Dollar Amount U U I- b O : 4 T�� cic v ✓ i3�ddln9 ��� 4c1iI=�i( m W i 70 k 5 (JAlu is !31kd Pr ertf `7(, g' i G1i i42c( GvV5o r1- 3 - 3191 t{2--Ckt'� `mil-c�c%,� C�CGss X5 134IcC€vd - w ,2 Ty- `Ic1IS l -4-' -WQs q1-1- 3-31g; ac-! 4 "Oqs ✓�`� 1/L Z7t s. �8 I ( Ci A ld (o-rO l4, T7 �� v� M/WBEs must be located in the 9 (nine) county marketplace or currently doina business in the marketniare at the time of hid (") Specify all areas in which MWBE's 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 MNVBE 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 1" tier, a payment by a subcontractor to its supplier is considered 2n° 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 IA must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBEIWBE UTILIZATION Company Name, Contact Name, Address, and Telephone No. Certified Specify All Contracting Scope of Work (`) Specify All Items to be Supplied(*) Dollar Amount Z F. �- 7V Sc-u.�YL- Rte- t dRr% 1 ► c�. LG 2► 2l h1 ike" LN S a'a u,-rv-, T 75Oo — 7i- Y( - vv7 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 offer or and barred from participating in City work for a period of time not less than one (1) year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Authorized'Signature Printed Signature (�/GE I)Qe7slcic1T" TContact Name and Title (if different) itlAft ads Cap -S 1 0� -0 Company Name Telephone Number (s) 72 Gy. ,V is h 1d 7 7 /G3 —O �� Y Address Fax Number Kg111Ed',f6 4E17 m/1 /l(:?cI City/State/Zip Code 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 0 PART B - PROPOSAL Q (This Proposal must not be removed from this book of Contract Documents) TO: Mr. Bob Terrell Fort Worth, Texas City Manager April 1999 QCity of Fort Worth, Texas FOR: SANITARY SEWER MAIN 42 AND 54 DRAINAGE AREA O REHABILITATION AND SEWER SYSTEM IMPROVEMENTS, PART 9 DEPARTMENT OF ENGINEERING PROJECT NO. 1769 WATER PROJECT NO. PS46-070460410180 a Includes the furnishing of all materials (except as specified to be furnished by the City), equipment and labor for the installation of sanitary sewer improvements, all necessary appurtenances and incidental work to provide a complete and serviceable project. Pursuant to the foregoing "Notice to Bidders," the undersigned bidder, having thoroughly examined the a contract documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment a and material except as specified to be furnished by the City, which is necessary to fully complete 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 Q 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: (Furnish and install, including all appurtenant work, complete in place, the following items): D [I a I 0 ci a PAY ITEM APPROXIMATE QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID BASE BID 1. 10 L.F. 6" Sanitary Sewer Pipe (All Depths)*, for /"7, 0 o I. l 7O. 0 /! �ndiu Tz Dollars & Cents per L.F. fl *Contractor Must Complete City Approved Product Form on Page B - 8 PartB -1 a 0 0 0 Ii 0 0 0 ci 0 a 0 D 0 I J 0 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 2. 32 L.F. 8" Sanitary Sewer Pipe(AII Depths)*, for /1//7&7r EIgIFT Dollars & A)o Cents er L.F. $ 9•Gi� ,3, /_G• oo 3. 18 L.F. 8" DIP Sanitary Sewer Pipe (All Depths), for Si Dollars & iva Cents per L.F. $ 6'.0• o0 2, 8g©. 00 4. 775 L.F. 15" Sanitary Sewer Pipe (All Depths)*, for 9 Ji4i Dollars & Cents perL.F. $ � 0 6 � 6r7, 50 5. 637 L.F: 16" DIP Sanitary Sewer Pipe (All Depths), for I1/ICTLi C S#TDollars & Cents er L.F. $ 9S oo , Y?(.00 6. 1,031 L.F. 18" Sanitary Sewer Pipe (All Depths)*, for _____ % ��y .- Dollars & Cents per L.F. $ /08. oo //' 3s'. on 7. 488 L.F. 21" Sanitary Sewer Pipe (All Depths)*, for a)Z 6 Dollars & Nb Cents per L.F. $ /oo. as roy• 06 8. 40 L.F. 16" DIP byThan Open Cut, for Other 71O 1-1a ktc�le,I, El �d� 7Llb1I-17 1I-17Dollars & /V Cents er L.F. // aO.°° fl*Contractor Must Complete City Approved Product Form on Page B - 8 PartB -2 0 I 0 El 0 0 0 0 0 I D 0 0 0 a I ci 0 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 9. 187 L.F. 18" DIP by Other Than Open Cut, Including 30" Casing & Grout, for 1t /4fr7e 77. 16)74 7Wd Dollars & Nb CentsperL.F. L.F. $ 10. 60 L.F. 20" DIP by Other Than Open Cut, Including 36"" Casing & Grout, for Cc9 77A10 Dollars & Cents perL.F. $ (/6.0-1? a 8 5.. 00 11. 35 L.F. Concrete Encase Sanitary Sewer, for 7-;7 /_2TLi Dollars & Hd Cents per L.F. $ 3/. ca 1, cS 12. 485 L.F. Rehab 12" SS With Cured -in -Place Pipe"*, for Si of -?4:W Dollars & Cents per L.F.' $ 67• Sa 3. 737..Sa 13. 535 L.F. Rehab 15" SS With Cured -in -Place Pipe**, for yle`JE Dollars & /16 Cents per L.F. $ 79 �� S. od 14. 579 L.F. Rehab 24" SS With Cured -in -Place Pipe**, for 7)1 L l filebz d/ 1 f'l 1 i-Uj Dollars & N 6 Cents perL.F. X52 av fl*Contractor Must Complete City Approved Product Form on Page B - 8 Part6 -3 0 ci I 0 ci 0 0 I I 11 0 D 0 0 0 0 Li 0 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 15. 10 Each Internal Sewer Service Reinstatement on Cured -in -Place Pipe, for i4 Dollars & ND Cents per Each $ 3'° .6a 5 16. 20 L.F. Repair Sag in 12" Line (up to 15' depth), to be Rehabilitated with CIPP, for 4W4 Dollars & A'6 Cents per L.F. $ 7O. C I. `�° o CO 17. 20 L.F. Repair Sag in 15" Line (up to 15' depth), to be Rehabilitated with CIPP, for i 'c. Dollars & No Cents perL.F. $ 7 4. op t �yg0 • ao 18. 20 L.F. Repair Sag in 24" Line (up to 15' depth), to be Rehabilitated with CIPP, for Ci 7/741f Grp Dollars & /L6 Cents er L.F. $ ge c� x.7_0 • oa 19 19 Each Standard 4' Diameter MH, for di a' Dollars & 314 Cents per Each $ It Ste. 6a �, SQa. CD 20. 78 V.F. Additional Standard MH Depth, for Su4M V41 //F3 Dollars & ti6 Cents per V.F. *Contractor Must Complete City Approved Product Form on Page B - 8 PartB -4 0 0 0 I 0 0 0 II. 0 0 LI] 0 0 0 0 0 0 0 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 21. 3 Each Shallow Cone MH, for 6iC M66eS e),d ri/l /`f t1�iGl2&' /4A- Dollars & . f�S0.av Cents per Each , $ 22. 1 Each Standard 4' Diameter Drop MH, for 71),0 /7oThii-' Dollars & Nb Cents per Each $ a• 9V0• as P1 dsa. OV 23. 10 V.F. Additional Drop MH Depth, for Z&-1 i Dollars & t0 Cents perV.F. $ 73• °v 730• c 24. 13 Each Standard MH Inserts, for ! 6Izj 'D Dollars & Cents er Each $ 31. oz Ali C . a s 25. 9 Each Stainless Steel Manhole Inserts, for G12ec( /4 r Dollars & Cents per Each $ /S.o- 3�. 6O 26. 22 Each Manhole Collars, for (�Yl C f'/ tfiyt vv/ Dollars & 'Lb 0 Cents per Each $ /' OD A ice. Qa 27. 8 Each Remove Existing Manholes, for 6A',// . r Se) 7 Dollars & i-16 Cents per Each c d c! U *Contractor Must Complete City Approved Product Form on Page B - 8 PartB -5 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 PAY APPROXIMATE UNIT ITFM I OhIIANTITY I DESCRIPTION ITEMS BID PRICESWRITTEN N WORDS I PRICE AMOUNT BID 28. 5 Each Abandon Existing Manholes, for di, 4 A7 Dollars & IV 6 Cents per Each $ 45Z. O d a, ?Sa • O6 29. 260 L.F. 4" Sanitary Sewer Service Lines*, for Dollars & Cents per L.F. $ /5/, G -o 3,6(-Io. OD 30. 12 Each 4" Sanitary Sewer Service Taps, for Dollars & Nb Cents per Each $ /ia.oa /, 3 N. 00 31. 130 L.F. 4" DIP Sanitary Sever Service Lines, for �'1 ! Dollars & Nb Cents perL.F. $ p21, oo )•. 730. oo 32. 2 Each 6" Sanitary Sewer Service Taps, for , IS "sL j Dollars & Nb I Cents per Each $ 56. ao 33. 40 L.F. 6" Sanitary Sewer Service Lines*, for /14 ,L?tYl Dollars & Cents per L.F. $ /f,oa Sao. 06 34. 40 L.F. 4" Sanitary Sewer Service Line on Private Property, for f )4j ct E Dollars & Cents per L.F. a S . % c- a *Contractor Must Complete City Approved Product Form on Page B - 8 I PartB -6 0 I 0 0 I LI 0 El 0 0 0 0 0 ci 0 0 0 0 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 35. 1 TN DIP Fittings, for 6 rub 1 7i Dollars & N6 Cents per Ton $ /, 7°d oa f, 7oo, , CO 36. 4,677 L.F. Pre -Construction TV Inspection, for __ Dollars & �S Cents perL.F. $ c21 (/6 ≤ (6 37. 4,744 L.F. Post Construction TV Inspection, for /V b Dollars & Cents per L.F. $ 6 50 37,.•ao 38. 18 Each Vacuum Testing of Sanitary Sewer MH's, for Dollars & NO Cents per Each $ 6 '. o a yam' °O 39. 430 L.F. Pavement Repair Per Figure 1, for S� JcrL, 7ZO Dollars & /tip Cents erL.F. $ 6,'°° 40. 70 L.F. Pavement Repair Per Figure 3, for Al oozy /I'/ Dollars & Cents er L.F. $ s% 41. 2,062 L.F. Pavement Repair Per Figure 4, for Tt ien I t1i'1 Dollars & Cents er L.F. 38.70 79 7'7'10 fl D *Contractor Must Complete City Approved Product Form on Page B - 8 PartB -7 0 n 0 0 0 0 0 0 0 a 0 0 0 PAY ITEM APPROXIMATE QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID 42. 2,494 L.F. Trench Safety System, for $ 12 sb 3, 6 d Dollars & Cents per L.F. TOTAL BASE BID $ *CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED Standard Spec No. Size El - 31 4" through 30" / El - 25 4" through 15" El - 27 4" through 15" El - 28 18" through 27" El -31 18" through 48" Consult with "City of Fort Worth, Texas Standard Product List" to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above. �**CONTRACTOR SHALL SELECT TRENCHLESS METHOD, IDENTIFY APPROVED LINER PROCESS,A ND PROVIDE NAME OF CONTRACTOR FOR INSTALLATION: \V Cured -In -Place Pipe (CIPP) yN 91T A Fo2ryl / 4S t Tlt tayz 1li-1rt• Approved CIPP Liner Name of Contractor for Installation (Approved CIPP Liners: Insituform and Inliner) QFailure to provide the information required above may result in rejection of bid as non -responsive. fl Only products or methods listed above will be allowed for use in this project. Any substitution shall result in rejection of bid as non -responsive. I 0 a *Contractor Must Complete City Approved Product Form on Page B - 8 PartB -8 0 0 I 11 11 I. I I 0 Within ten (10) days after notification by the City, 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 delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and these specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within ten (10) calendar days after issue fo the work order, and to complete the contract within one hundred forty (140) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) [] A. The principal place of business of our company is in the State of [I Nonresident bidders in the State of , our principal place of business are required to be — percent lower than resident bidders by state law. A copy of the statute is attached. [ ] Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. 9 B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 0 I I 0 0 Receipt is acknowledged of the following addenda: Addendum No. 1 d to ° t Ze;,-b Addendum No. 2 Addendum No. 3 R spectfully submitted, 01205 £m.57 (SEAL) G` BY: If Bidder is Corporation. TITLE: t /i'di 71 ADDRESS: /(&I /'! .I Cyll(o I *Contractor Must Complete City Approved Product Form on Page B - 8 Part B -9 a iK D. r a LI as yRr Q �a qa 1. EJ l YI• T is PART C �. D GENERAL CONDITION dl o an a �. 0 au ra �� U U ) i v I PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS Ci-1 DEFINITIONS C1-1.1 Definition of Terms C1-1 (1) Cl-1.2 Contract Documents Cl-1 (1) C1-1.3 Notice to Bidders Cl-1 (2) C1-1.4 Proposal Cl-1 (2) C1-1.5 Bidder Cl-1 (2) C1-1.6 General Conditions Cl-1 (2) Cl-1.7 Special Conditions Cl-1 (2) Cl-1.8 Specifications Cl-1 (2) Cl-1.9 Bond Cl-1 (2) Cl-1.10 Contract Cl-1 (3) C1-1.11 Plans Cl-i (3) Cl-1.12 City Cl-1 (3) Cl-1.13 City Council Cl-1 (3) Cl-1.14 Mayor Cl-1 (3) Cl-1.15 City Manager Cl-1 (3) Cl-1.16 City Attorney Cl-1 (3) Cl-1.17 Director of Public Works C1-1 (4) Cl-1.18 Director, City Water Department Cl-1 (4) Cl-1.19 Engineer Cl-1 (4) Cl-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 Calendar Day . Cl-1 (4) Cl-1.25 Legal Holiday Cl-1 (4) Cl-1.26 Abbreviations C1-1 (5) Cl-1.27 Change Order Cl-1 (6) Cl-1.28 Paved Streets and Alleys Cl-1 (6) Cl-1.29 Unpaved Streets and Alleys C1-1 (6) Cl-1.30 City Streets Cl-1 (6) Cl-1.31 Roadway Cl-1 (6) C1-1.32 Gravel Street Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantitie C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of Proposal I C2-2 (3) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) (1) 1 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) 1 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 I 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 1 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) fII 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) 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) 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 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 Time of Completion C7-7 (5) C7-7.11 Suspension by Court Order C7-7 (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) P(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) I 1. Applicable design and details shall conform to "General Contract Documents and Specifications for Water Department Projects" (GCD) effective July 1,1978, with the latest revisions. 2. All horizontal blocking, cradle blocking, and vertical tie -down blocking to be in accordance with Fig.(s) 9, 10, and 11 of the GCD. 3. Fire hydrants shall be located a minimum of 3'-0" behind the face of curb per Fig. 5 GCD. 4. Al]. gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16" and larger Fig. 4 GCD. ,�. 5. The proposed water and/or sewer mains at times will be laid close to other existing utilities and structures both above r and below the ground. The contractor shall make necessary provisions for the support and protection of all utility poles, fences, trees, shrubs, gas mains, telephone cables, TU cables, drainage pipes, utility services, and all other utilities and structures both above and below the ground during construction. It is the contractor's responsibility to notify all utility owners prior to any construction in the area and verify the actual location of all buried utilities that may or may not be shown on the plans. The contractor shall preserve and protect all underground and overhead facilities and be responsible for any damage he may cause to them. The Contractor shall contact the following @ least 48 hours prior to excavating at each location: Fort Worth Water Department 871-8306 Lone Star Gas Company Metro (214) 263-3444 Texas Utility Service Company 336-2328 Southwestern Bell Telephone Company Enterprise 9800 Western Union Cable Division (214) 939-1930 Sammons Cable T.V. 737-4731 6. Contractor -shall verify the elevation, configuration, and angulation of existing line prior to construction of tie-in materials. Such verification shall be considered as subsidiary cost of project and no additional compensation will be allowed. Elevation adjustments at connections may be made with bends, offsets, or joint deflections. All nonstandard bends shall be made using the closest standard M.J. fittings with the required Joint deflections.(deflections not to exceed manufacturer's recommended deflection per joint) I 7. Contractor shall keep at least one lane of traffic open at all times during construction and access to all places of business and residence at all times. (reference C6-6.5 GCD) 8. No excavated materials, backfill materials, equipment, or supplies shall be stored within floodways or drainage easements. (reference C6-6.6 GCD) 9. Trenches which lay outside existing or future pavements shall be backfilled above the top of the embedment with Type "C" backfill material. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" material shall be used. All backfill material shall be compacted to a minimum of 90% proctor density by means of tamping only. Trenches which cross under existing or future pavement shall be backfilled per Fig. "A" with 95% proctor density by jetting, tamping, or a combination of such methods. 10.Rim elevations of the proposed sanitary sewer manholes in repaved streets are shown as final finished grades in these plans. They shall be constructed to 15" below final finished grade by utility contractor and adjusted by paving contractor in accordance with Fig. M of the special contract documents. Manhole inserts and concrete collars shall be installed where indicated on the plans per E-100-4 and Fig. 121 of the special contract documents respectively. Standard four foot diameter manholes shall be in accordance with section E2A, Fig. 103 and Fig. 104 GCD, standard four foot drop access manholes per Fig. 107 GCD, and shallow manholes per Fig. 106 GCD. 11.The top of the water lines shall be a minimum of 3'-6" below the top of the curb for 12" and smaller mains except where otherwise shown on these plans. 12.A11 water meters shall be placed or relocated 3'-0" behind the face of the proposed curb or as directed by the Engineer. 13.A11 existing water services shall be replaced with 1" minimum copper tubing unless a larger size is indicated on the plans. Corporation stops shall be fully opened prior to trench backfill. Curb stops with lock wings shall be tested for full flow when the system is pressure tested. Extend 1" water services to those lots where no water services have been extended to. Locate these services at normal locations or as directed by the Engineer. a.The normal location of water service lines shall be 5' east or north of the center of the property frontage. b.For 40' or less lot frontage, all water services shall be placed 18" from the east or south property line. L I PART C - GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS C1-l.l DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 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 Cl) I I C1-1.3 NOTICE TO BIDDERS: All of the legal publications I 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 read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, I 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. 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. Cl-1.7 SPECIAL CONDITIONS: Special conditions are the I specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 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, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) c. Maintenance Bond (see paragraph C3-3.7) d. 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-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from 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. Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem 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. 1 1 0 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) Cl-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. Cl-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. C1-1.21 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 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 permitted in paragraph C7-7.6. Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: Cl-1 (4) 1. 2. 3. 4. 5. 6. 7. 8. 9. New Year's Day M. L. Ring, Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November 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: AASHTO - 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 I I I I 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 - Million Gallons Per Day CFS - Cubic Foot per Second Min. - Minimum Mono.- Monolithic % - Percentum R - Radius I.D. - Inside Diameter O.D. - Outside 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.Z. - Ductile Iron I Cl-1 (5) Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. Cl-1.29 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 as been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Cl-1 (6) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state r the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security , and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and 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 required. r 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 experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2(1) forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished -in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visi,t 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 required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the 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) 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 t. applicable to the project'contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case 1 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 y 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 I 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. I C2-2(3) C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly 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 properly filed my, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the 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" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as 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 1 C2-2(4) 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 "A" - Special Instructions. 2. A current experience record showing especially • the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment _the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. fl OR C2-2(5) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of 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 WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination Iin employment practices. C3-3 (1) r- L The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor.. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read y 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: 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, 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 C3-3 (2) 1 1 1 1 1 1 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) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has 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 either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may 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 reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which 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. 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 OrderTM, it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub -contractors' C3-3 (4) 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 I of all sub -contractors. a. COMPENSATION INSURANCE: The Contractor shall I maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project I 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. Ib. 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 1 forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General I Contractor's Liability for acts of sub -contractors). 2. -Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent I to excavation (if excavations are to be performed adjacent to same). 4. Damage to underground utilities for $500,000. t I C3-3 (5) I 1 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. g. 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) Li 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) �_�.. _ '��� Li�+ni:l' Y 207-. texas 76113 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 signed 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. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County. Texas. C3-3 (8) I PART C - GENERAL CONDITIONS IC4-4 SCOPE OF WORK ' SECTION -C4-4 SCOPE OF WORK I 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 l 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, �l 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 ordecreasedquantity 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 r 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) 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 shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and 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 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 r, 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) a shall be presented also a composite graph showing the anticipated progress of construction with the time being 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. 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 to 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. 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. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time 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. C4-4 (4) I I 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 n idetify 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 id 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. II C4-4 (5) 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 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. C4-4 (6) PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. 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 Ownershallhave executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross -sections, finish, and dimensions shown on the plans or any other requirements 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 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 bi.nding.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. 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 ah 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) 1 1 adequately provide for the safety or convenience of the I traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar -day or on a working -day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. C5-5 (3) I I I These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer --to remove -them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to reportto the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials o•r equipment to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. I C5-5 (4) 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 replaced 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 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) 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 the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use 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. the 1 In case of concrete, the aggregates, design minimum, and 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. I C5-5.13 STORAGE OF MATERIALS: Al]. 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) 1 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, Documents, in provision for which is not made in which case the provision in these the Contract 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. Ili 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. ri 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 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 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 I I I Li I I I C5-5 (8) I I 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, L. 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. L I r L C5-5 (9) r 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. 1 1 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. C6-6 Cl) 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. L 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 be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to 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) I 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) I I carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided- all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any 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) I I I I 1 I 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 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 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 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 disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in r C6-6 (5) L1 I 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. r 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 r C6-6 (6) 1 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 to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of 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) 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 invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any 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 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 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, 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 damagesto 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, 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, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled Iand 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 of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory 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) 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) 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 FI RE IRE 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. 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 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 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 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 I C6-6 (11) I 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) 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 (13) 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, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, 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 r 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 r C7-7 (1) 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 opinionof the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 (2) 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 be computed starting with the first day of work completed as defined in Cl-1.23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later 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 Cl-1.24 and the Contractor may work as he so desires. C7-7 (3) 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 . 1 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 1 C7-7 (4) 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 in 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) I $ 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) 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 NATIONALEMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the 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: I a a. Failure of the operations within Order issued by th e Contractor to commence work the time specified in the Work Owner. 0 C7-7 '(7) 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 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 I 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) 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 discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work unde r 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: I I I C7-7 (10) I L I I I I I I I I r I r 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 guality, 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 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 other 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) F• I I equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated 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 the 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. F 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 i with the work. I I I I C7-7 (13) Li 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 Cl) 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 958 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) him as a guide in the verification or the preparation of partial estimates.. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject. to. correction in the estimate rendered following the discovery of an error in any previous I estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its 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 strictly in accordance with the specifications or provisions of this contract. I CS -8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided I for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for 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 completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in CS -8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. C8-8 (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 workmanship. The Contractor shall remedy any defects or damages in the work and C8-8 (4) t1: ^ c.; ;! -r ia: -' t h 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, I 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. I 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 I annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. I I [1 I I C8-8 (5) 1 NI D D 1' 1 r �1 (j r A � A SECTION Cl SUPPLEMENTARY CONDITIONS 1J PART C I El fi a I. II N , SECTION Cl: SUPPLEMENTARY CONDITIONS TO SECTION C These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. U D. I I 1 Paragraph C3-3.2 shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by a MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three (3) years. Part C - General Conditions: C3-3.7 Bonds, the paragraph ftr subparagraph d. change the paragraph to read as follows: "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 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 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) 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." Section C8-8.5 shall be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be processed by the City on the 10th day and the 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included with a pay estimate, payment shall be based upon 85% of the net invoice value thereof. The contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts 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. C1-1 It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of a partial pay estimate shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contrac Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. E. Part C - General Conditions: Paragraph C3-3.1: Delete subparagraph a. I F. Part C - General Conditions: Paragraph C3-3.1: Delete subparagraph g. I I [1 I I 1 I I I C1-2 PI li ,IS I! II PARTD SPECIAL CONDITIONS U �. lC J uu t A. Y• V { II MI PART D - SPECIAL CONDITIONS D-1 AWARD OF CONTRACT.....m..........................................................................................SC-3 D-2 SUBMISSION OF CONTRACT DOCUMENTS..............................................................SC-3 D-3 GENERAL.....................................................................................................................SC-4 D-4 TAX EXEMPTIONS......................................................................................................S.C-6 D-5 PROJECT DESIGNATION............................................................................................SC-6 D-6 D-7 EQUAL EMPLOYMENT PROVISIONS.........................................................................SC-6 PRE -CONSTRUCTION CONFERENCE.......................................................... SC -6 D-8 COORDINATION MEETINGS............................................•...........................................SC-6 D-9 D-10 PROJECT ABANDONMENT.........................................................................................SC-6 BREAKDOWN OF BID PROPOSAL.............................................................................S.C-6 D-11 INDEMNIFICATION.......................:..............................................................................SC-6 LI D-12 D-13 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW.................SC-7 MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE........SC-9 D-14 OMIT.......................................................................................................................... SC -11 D-15 D-16 SUBSIDIARY WORK . .................................................................................................' .SC -11 WAGE RATES . .... ..SC -11 ' D-17 EASEMENTS AND PERMITS.....................................................................................SC-13 D-18 D-19 COORDINATION WITH FORT WORTH WATER DEPARTMENT .............................. DAMAGE TO PRIVATE PROPERTY ............:..... SC -13 SC -13 D-20 SHOP DRAWINGS ........................................... ......................................................... S.C-13 fl D-21 D-22. CROSSING OF EXISTING UTILITIES.........................................................................SC-13 EXISTING UTILITIES AND IMPROVEMENTS............................................................SG-14 D-23 CONSTRUCTION TRAFFIC OVER PIPELINES.........................................................SC-14 D-24 D-25 TRAFFIC CONTROL..................................................................................................SC-15 PAYMENT...................................................................................................................SC-15 D-26 DELAYS......................................................................................................................SC-15 D-27 DETOURS....................................................................................................................SC-16 flD-28 BARRICADES AND WARNING SIGNS......................................................................SC-16 D-29 EXAMINATION OF SITE.............................................................................................SC-16 D-30 ZONING; COMPLIANCE..............................................................................................SC-16 D-31 WATER'FOR CONSTRUCTION Li D-32 WASTE MATERIAL.....................................................................................................SC-16 D-33 CLEANUP FOR FINAL ACCEPTANCE......................................................................SC-16 fl D-34 PROPERTY ACCESS................................................................................................SC-16 D-35 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK................................SC-17 D-36 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES..........:................SC-17 (1 D-37 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS...................................SC-17 U D-38 SANITARY FACILITIES FOR WORKERS...................................................................SC-18 D-39 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC..............................SC-18 D-40 RIGHT TO AUDIT.......................................................................................................S.C-19 Li D-41 INCREASE OR DECREASE IN QUANTITIES.............................................................SC-19 D-42 CUTTING OF CONCRETE..........................................................................................SC-20 D-43 D-44 PROJECT DESIGNATION SIGN................................................................................SC-20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT.....................................SC-20 D-45 MISCELLANEOUS PLACEMENT OF MATERIAL.......................................................SC-21 D-46 D-47 D-48 TYPE "C" BACKFILL.................................................................................................... CRUSHED LIMESTONE BACKFILL...........................................................................SC-21 2:27 CONCRETE........................................................................................................SC-21 C-21 D-49 TRENCH EXCAVATION, BACKFILL AND COMPACTION..........................................SC-21 n 4/7/99 SC -1 PART D - SPECIAL CONDITIONS C D-50 PAVEMENT' REPAIR (E2-19,)..................................:............................................SC-23 D-51 TRENCH SAFETY SYSTEM FOR WATER DEPARTMENT PROJECTS ONLY... SC -23 D-52 SANITARY SEWER MANHOLES.........................................................................SC-24 D-53 SANITARY SEWER SERVICES..........................................................................SC-27 D-54 NOT USED D-55 ...................... ........SC -28 REMOVAL, SALVAGE AND ABANDONMENT OF EXISTING FACILITIES...........SC-28 D-56 DETECTABLE WARNING TAPES........................................................................SC-30 D-57 PIPE CLEANING...................................................................................................S.C-30 <D-58 D-59 BARRICADES, WARNINGS AND FLAGMEN.......................................................SC-30 DISPOSAL OF SPQIUFILL MATERIAL .................................................................SC-30 D-60 MECHANICS AND MATERIALMEN'S LIEN...........................................................SC-31 D-61 D-62 SUBSTITUTIONS...............................................................................................'...SC-31 PRECONSTRUCTION TELEVISION INSPECTION/SANITARYEWER LINES..SC-31, D-63 VACUUM TESTING OF SANITARY SEWER MANHOLES..................................SC-34 D-64 D-65 BYPASS 'PUMPING..............................................................................................SC-36 POST -CONSTRUCTION TELEVISION .INSPECTION OF SANITARY SEWERS..SC-36 al` b-66 SAMPLES AND QUALITY CONTROL TESTING...................................................SC-38 D-67 TEMPORARY EROSION SEDIMENTS AND WATER POLLUTION CONTROL...SC 38 0D-68 INGRESS AND EGRESS/ACCESS TO DRIVES.................................................SC-39 D-6`9 PROTECTION OF TREES, PLANTS AND SOIL...................................................SC-39 D-70 D-71 SITE RESTORATION......:.....................................................................................SC-,39, STANDARD PRODUCT LIST................................................................................SC-40 D-72 STATE REVOLVING• FUND (SRF) REQUIREMENTS .......................................... SC -40 D-73 TOPSOIL, SODDING AND SEEDING (NOT USED)..............................................SC-40 D-74 CONFINED SPACE ENTRY PROGRAM..............................................................SC-40 D-75 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION ....................SC -40 D-76 EXCAVATION NEAR TREES...........................................I....................................SC-41 D-77 CONCRETE ENCASEMENT OF' SEWER PIPE..................................................SC-41 D-78 D-78 CLAY DAM............,.......................SC-41 D=79 .............................................,..........................� EXPLORATORY EXCAVATION (D-HOLE)............................................................SC-42 D-80 INSTALLATION OF WATER FACILITIES'( NOT USED) .....SC -42 D-81 SPRINKLING FOR DUST CONTROL....................................................................SC-42 D-82 DEWATERING...............:...........................:........................:.................................SC-42 D-83 TRENCH'EXCAVATION FOR DEEP TRENCHES................:................................SC-42 D-84 TREE PRUNING....................................................................................................SC-43 D-85 TREE REMOVAL...............................................:...................................................SC-44' 0 0 v 417/99 ,C-2 a PART D - SPIAL CONDITIHS FOR: SANITARY SEWER MAIN 42&54 DRAINAGE AREA REHABILITATION AND SEWER SYSTEM IMPROVEMENTS (GROUP 4, CONTRACT 1), PART 9 FORT WORTH, TEXAS DOE PROJECT NO. SEWER PROJECT NO. 1769 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 followingshall apply for contract documents with multiple units of work. Each unit represents LI 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 Lieach 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. a 13 L I 0 a 0 0 d 0 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 Department of Engineering 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 thq project no later than ten (10) calendar, working 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 agreerr ent(s), the contractor(s) will not be allowed to begin work. Time on the project will start to accumulate at the end of theten (10) days as stipulated above. Additional submittals at time of pre-construction.meeting, shall include (but not limited to): 4IM9 SC -3 B PART D- SPECIAL CONDITIONS Contractors Work Plan and Schedule Disposal Site for Waste Material Information Sob-ContractorIdentification 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 completion time period stipulated in the proposal section. be determined by the 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 falls 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 becomesdefective due to,these causes. 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 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 L1 417799 SC -4 PART D - S DIAL CONDIT1Oh1S 0 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 0 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, El 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. Gerr�eral Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non -responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. 0 INTERPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, Q accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that fl 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 El Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102.. fl B. WITHDRAWING. PROPOSALS: Proposals actually filed with the Purchasing Managercannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City, Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for, non - consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed, at the option of the Owner be returned unopened. 0 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 Li 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 4/7/99 SC -5 fl PART D - SPECIAL CONDITIONS within forty-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 it 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. PS46-07046410180 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- 2,1'through 13-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. O-7 PRE -CONSTRUCTION CONFERENCE: Before the project work orderis 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 the desired 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 bf action against it of any kind or character and in addition from any and all costs or damages arising put 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, buildjhg and construction codes 4/7/99 SC -6 PART D-'SPtbIAL CONDITINS 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 Li 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. L.I 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 a 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, Dsuch 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 O 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 7 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 Q. 4/7/99 SC -7 PART D - SPECIAL CONDITIONS 0 2. No later than seven days after receipt by the contractor, a new certificate of coverage„ showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known,, of -any change' that ,materially affects the provisipn of coverage of any person providing services on the project. H. The contractor shall post on, each project site a notice, in the text,form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shallcontractually require each person with whom it ,contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01,1(44) for all of its employees providing services,on the project, for the duration of the project; 2.. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of, the persoh providing services'on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension , of coverage, prior to the end of the coverage period, if, the coverage period shown on the current certificate of coverage ends during the duration of the project. . 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 4/7/99 SC -8 PART D SPEe1AL CON D FI S 0 7. Contractually require each person, with Whom it coiitrac(s, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom 0 they are providing services. 8. By signing this' contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and. that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by 0the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. U J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least fl 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: Q"REQUIRED WORKER'S COMPENSATION COVERAGE fl The law requires that each person working ,on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or fl transportation or other service related to the project, regardless of the identity of their Li employer or status as an employee." O 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". 0 0 0 0 a D-13 MINORITY AND WOMENS BUSINESS ENTERPRISE .'(MIWBE) COMPLIANCE: In accordance with 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. 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. 4/7/99 SC -9 PART D - SPECIAL CONDITIONS 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. Upon,,request, contractor agrees to provide the City .compiete,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 Contractot 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 world 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 tendered 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 ofthe 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 (NCTRCA) 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. Q Whenever a change order affects the work of 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 originalcontract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the- change order. During the term bf the contract the contract shall: 1. Make no unjustified .changes or deletions in it's M/WBE participation commitments submitted with or subsequent tothe bid, and, 2. 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 borders are let, and shall be required to comply with modifications to goals as`determined by the City, and , -4/M9 SC -10 PART D SPEAL CONDITKCMS U 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. c. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing.his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. D-14 OMIT 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 fl provided for in the Proposal, shall be considered as a subsidiary,,,item of work, the cost of which 1.4 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 0 subsidiary work. D-16 WAGE RATES: The labor classifications- and minimum wage rates set forth herein have fl been predetermined by the City Council of the City of Fort Worth, Texas, in accordance, with LI 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 0 Contract Documents. In no event shall less than the following rates of wages be paid. (Attached) CITY OF FORT WORTH fl HIGHWAY CONSTRUCTION LI PREVAILING WAGE RATE FOR 1995 0 CLASSIFICATION RATE CLASSIFICATION RATE Air Tool Operator $7.554 Form Liner $8.913 Asphalt Raker $8.565 Form Setter (Pay & Curb) $8.686 Asphalt Shoveler $8.255 Form Sdtter (Structures) $8.427 Batching Plant Weigher $9.371 Laborer, Common $6.402 Batterboard Setter $8.920 Laborer, Utility $7.461 Carpenter $91447 Mechanic $10.658 Concrete Finisher (PAV) $9.345 Oiler $8.698 dConcrete Finisher (STRS) $9.058 Servicer $8.104 417/99 SC -11 U PART D - SPECIAL CONDITIONS CLASSIFICATION RATE' Concrete Rubber $7.733 Electrician $1 2.761E Flagger $5.598 Form Builder (SIRS) $8.717 CLASSIFICATION Piledriver Pipelayer Blaster POWER EQUIPMENT OPERATORS Asphalt Distributor $8.404 Asphalt Paving Machine $9.053 Broom or.Sweeper Operator $7.908 Bulldozer, 150, -HP Or Less $8.703 Bulldozer, Over 150 HP $9.160 Concrete Paving Curing Mach,$8.213 Concrete Pay Finishing Mach. $9.453 Concrete Paving Form Grader$8.500 Concrete Paving Joint Mach. $9.042 Concrete Paving Joint Sealer $7.350 Concrete Paving Float $7.875 Concrete Paving Saw $9.290 Concrete Paving Spreader $9.750 Slipform Machine $9.000 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (Less than 1 '/ cy) $9.513 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (1 %cy&Over) $10.517 Crushing or Scrng Pit Opr. $9.500 Elevating Grader Foundation .Drill Oper. (Crawler Mounted) $10000 Foundation Drill Operator (Truck Mounted,) $11.138 Foundation Drill Opr • Helper Front Ent Loader (2 '/2 CY or Less) $8.823 Front `Ent Loader (Over 2'% CY) $9.311 Hoist (Double Drum & Less) $8.917 Milling Machine Operator $6.650 Mixer'(Over 16 CF) $9.000' Mixer (16 CF & Less) $7.913 Mixer - Concrete Paving $9.500 Motor Grader Operator (Fine Grade) $10.346 Motor Grader Operator $9.891 Pavement Marking Machine $6.402 RATE $7.500' $8.509 $11.333 E Posthole Driller Operator $9.000 Roller, Steel Wheel (Plant -Mix Pavements) $8.339' Rolle, Steel Wheel (Flafwheel.or Tamping) $7.963 Roller, 'Pneumatic Self -Pro $7.403 ,Scraper - 17 CY & Less $8.138 Scraper - Over 117 CY $8.205 Side Boom $7.793 Tractor - Crawler Type (150 HP & Less) $8.448 Tractor,- Crawler Type (Over 150 HP) $8.873 Tractor- Pneumatic $7.735 Traveling Mixer $7.615 Trenching Machine - Light $8.188 Trenching Machine - Heavy $12.498 Wagon -Drill, Boring Machine •$9.000 Reinforcing Steel Setter (Paving) $9.218 Reinforcing Steel Setter (Structural), $11.548 Steel Worker - Structural $16.300 Sign Erector $11;436 'Spreader Box Operator $6.988 Barricade Servicer Zone Wk. $6.402 Mounted Sign Installer (Permanent Ground) $6.402 Truck Driver - Single Axle (Light) $7.465 Truck Driver - Single Axle (Heavy) $8:067 Truck Driver - Tandem Axle (Semi -Trailer) $7.816 Truck Driver - Lowboy/Float $9.653 Truck Driver- Transit Mix $7.507 Truck Driver - Winch $8.200 Vibrator Operator $7.000 Welder $10.459 4/7/99 SC -12 PART b 4SPEQIAL CONDITIONS` aD-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 owned 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 responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements which the City has ,obtained are available to the Contractor for review by contacting the 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 workas cleanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph Cg -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 flof this project, it will be necessary to deactivate, for a period pf time, existing lines. The Contractor L. shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 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 fl and sewer services, at no cost to the Owner. This shall be subsidiary to the contract and not a separate pay item. fl D-20 SHOP DRAWINGS: Shop drawings shall be submitted by the Contractor to the Ii 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. aShop 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 diuctile iron pipe. The required length of replacement shall be determined by the Engineer. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The O 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. n 4/7/99 SC -13 0 PART D-= SPECIAL CONDITIONS D-22 EXISTING UTILITIES AND IMPROVEMENTS: The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis -for claims for additional compensation for extra work or for increasing the pay quantities in.any manner whatsoever. The Contractor shall be.responsible for verifying the locations of and protecting' all existing utilities, service lines, or other property exposed by his construction opetations. 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 grade's and alignment. Any and all permanent structures such as parking lot surface, fencing, and like structures shall be replaced at no cost.to the City 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 of the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of the utilities involved and from evidences found on the,ground. D-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 thb 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. 4/7/99 SC -14 D r PART D - SPEC rAL CONDITIONS` 0. U 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 FortWorth, Texas, February 1979, Traffic Control Handbook for Construction and Maintenance Work Areas. 0 0 0 0 Q 0 a a 0 0 L 0 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 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. 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, end/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 'ashall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of 0 417/99 SC -15 PART D - SPECIAL CONDITIONS extra work, or by the failure of the City to provide material or necessary instructions for darrying 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 and 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. 11 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; 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-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 tonot 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 othef'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 Engineer. 417/99 SC -16 PART D -' PEtIAL CONDIT O 1S' 0 [I 0 0 I 0 I 0 a fJ u 0 0 0 0 0 0 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. D-36 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follpws: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OFHIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage -type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six�feet of high voltage electric lines, notification shall be given the power company (Texas Utility Electric) who will erect temporary mechanical barriers, de -energize the lines, or rise or lower the lines. The work done by the power company shall not be at the expen a 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. I 4. The Contractor is required to make hrrangements with the Texas Electric Service company. for the temporary relocation or rai ing 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 RESPONSIBI ITY 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 1!he units and lot abutting the units in this contract from and against any and all claims for damages or 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 0 4/7/99 SC -17 PART D - SPECIAL -CONDITIONS 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 afterthe 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: 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 class, and such good faith efforts have•failed. y 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 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. r 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. ti D-39 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item C-6-6, "Legal Relations and, Responsibilities to'thePublic" of the Fort Worth General Conditions. 4/7/99 SC -18 0 PART D - .� P 1AL CONDITIONS'" 0 a 0 0 0 a 0 0 I a 0 0 ill 0 6 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 Cohtractor• involving -transactions relating to, this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The. City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, 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: 2. copies and under -.10 cents per page 3. more than 50 copies - 85 cents for the D-41 INCREASE OR DECREASE IN QUANI approximate. It is the Contractor's sole respo prior to submitting a bid. When the quantity of the work to be done or ray, the contract is more than 125% of the quantity by Contractor, then either party to the contra( revised consideration on the portion of work ab When the quantity of the work to be done or ms the contract is less than 75% of the quantity stc, Contractor, then either party to the contract, revised consideration on the portion of work bel paragraph shall not apply in the event Owner d( A major pay item is defined as any individual bic equal to or greater than 5 percent of the original page plus fifteen cents for each page thereafter 'IES: The quantities shown in the proposal are ibility to verify all the minor pay item quantities rials to be furnished under any major pay item of 3ted in the contract, whether stated by Owner or upon demand, shall be entitled to negotiate for 125% of the quantity in the contract. :rials to be furnished under any major pay item of :d in the contract, whether stated by Owner or by pon demand, shall be entitled to negotiate for v 75% of the quantity stated in the contract. This :tes a pay item in its entirety from this contract. included in the proposal that has a total cost 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 original contract. In the event Owner and Contractor are ur Contractor agree that the consideration will to agree on a negotiated price, Owner and the actual field cost of the work plus 15% as 0 417/99 SC -19 PART t), -.SPECIAL CONDITIONS described herein below, agreed upon in writing by the Contractor and Director of Department, of Engineering and Contractor and Director of Department pf.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 atable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by 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 Le 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 field roffice 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 manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that.'signs do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance with Figure 30, except that they shall be 1'=0" by 2'-0" in size. The information box shall have the following information: For Questions on this Project Call: (817)871-8306 M -F 7:30 am to 4:30 p.m. or (817)871 -8300 -Nights and Weekends Any and 'all cost for the required materials, laboe, 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 locationsin 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. 4/7/99 SC -20 PART D - tPEC'IAL CONDITIONS 0 Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances 0 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. D 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 0 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 O 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. / QSee E-1.24, Type "C" Backfill, and E2.11 Trench Backfill.* O * 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 dcompaction shall meet the requirements of E2-2 Excavation and Backfill, Construction Specifications, General Contract Documents. 0 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. 0 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 flbase repair. Since this call -out includes the word "concrete", the qpnsistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. DD-49 TRENCH EXCAVATION, BACKFILL, AND COMPACTION: Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing fl or future R.O.W. shall be in accordance with Section E1-2 Backfill and E2-2 Excavation and Li Backfill of the General Contract Documents and Specifications, except as specified herein. 0 4/7/99 SC -21 u PARTD - SPECIAL CONDITIONS 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. Allexcavation 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.Iof 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 r'B" backfill material shall be used. In general, all backfill material under existing or future streets shall be in accordance 'with Figure A ot- 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 pieced, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: Size % Size % Sieve Retained Sieve Retained #4 0-5 #50 0-50 #16 0=20 #1"00 60-95 #200 9.0-100 C. TRENCH COMPACTION: All bench 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 to ,be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4/7/99 SC -22 PART D SPECIAL CONDITIONS 9 D. MEASUREMENT AND PAYMENT: All material and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. 9 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, O thickness, etc., to existing pavement as detailed in the Public 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 shallbe filled with required materials as shown on paving fl 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. 0 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. aTherefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. 9 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. fl The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. 0 A permit must be obtained from the Department of Engineering Construction Services Section by the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No. 792 to make utility afl 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. 0 D-51 TRENCH SAFETY SYSTEM FOR WATER DEPARTMENT PROJECTS ONLY: fl a A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas. B. STANDARDS: the latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Sub -Part P - Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. 4/7/99 SC -23 -PART D - SPECIAL CONDITIONS ' a C. DEFINITIONS 1. TRENCHES'- A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. 2. BENCHING SYSTEM - Benching means excavating the sides of a trench to form one qr a a series of horizontal level or steps, usually with vertical or near -vertical surfaces, between levels. 3. SLOPING SYSTEM - Sloping means excavating to form sides of a trench that are inclined away from the exca 1ation. 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 a ground fo 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. a D-52 SANITARY SEWER MANHOLES-, a 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. a 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified 'as per Figure 121. a- 2. WATERTIGHT MANHOLE INSERTS: Watertight gasketed ,manhole inserts shall b� 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. 4/7/99 SC -24 PART D SISAL CONDI'ibS D 3. LIFT HOLES: All lift holes shall be plugged with a pre -cast concrete plug. The lift hole a 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. 0 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. 0 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 0 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 0 Frames are acceptable for use where locking lids are specified. 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when p 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. fl 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. 0 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 fl 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 Kpnt-Seal, Ram-Nek, E -Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat -tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The Joint fl 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 aconcrete pipe and manhole sections for a period of at least five years 4/7199 SC -25 l rr x PART D - SPECIAL CONDITIONS I. B. EXECUTION: 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall. be sealed with the above specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt, sand, mud, or other foreign matter. 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 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 EXISTINGMANHOLES: Excavate.(rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire'manhole-frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block materials other than pre -cast concrete rings, or where necessary and approved by the Engineer, ,shall be replaced with a .pre -cast flattop section. Pre -cast concrete rings, or a pre -cast concrete flattop section will be the only adjustments allowed'. In brick or block manholes, replace the upper portion of the manhole to a point 24 inches �+ below the frame. 'If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement 'of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be 'replaced at the Contractor's expense. Wire brush manhole frame and exposed, manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an, application of 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, stories, debris and voids to ensure ,a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in,'Iieu 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 npt .specifically taccepted 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 a 4/7/99 SC -26 PART D Sri AL CONDITIdNS a 3. LIFT HOLES: All lift holes shall be plugged with a pre -cast concrete plug. The lift hole 0 shall be sealed on the outside of thi 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 'inparkways, lawns and other improved lands 0 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 eac, 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. I 0 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. 0 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 0 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 0 Frames are acceptable for use where locking lids are specified. 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when fl manhole depth is four (4) feet or less. All shallow cone manholes shall be built in LI 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. U7. MANHOLE STEPS: No manhole steps are to be installed .on' any sanitary sewer manhole. fl 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. 0 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 a 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 0 the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre -formed flexible joint sealant on aconcrete pipe and manhole sections for a period of at least five years 4/7/99 SC -25 0 PART D - SPECIAL CONDITIONS a B. EXECUTION: INISTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame a `shall. be sealed with the above specified materials. •All surfaces to be in contact •with the joint, sealant shall be thoroughly cleaned of. dirt, `sand, mud, or other foreign matter. 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 opening, with the bottom of the rings resting on Bituma"stic joint sealer. Frames and grade ,rings shall rest on two (2) rows (inside and outside) of Bitumastc joint sealer: a 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full,depth saw, cut if in pavement) adjacent to the manhole to expose the entire manhole -frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical.. Remove manhole frame from the manhole structure and observe the condition of the C frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the, Engineer shall be replaced. 'Grade rings that are constructed of brick, block materials other than pre -cast concrete rings, or where necessary and approved by the Engineer, shall be replaced .with a ,pre -cast flattop section. Pre -cast concrete rings, or a pre -cast concrete flattop section will be the only'adjustments allowed, In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone sectionbelow "this level are structurally unsound, notify the Engineer prior to replacement 'of the grade rings and manhole frame. Existing brickwd k, if damaged by the Contractor, shall be replaced at the Contractor's expense. Wire brush manhole frame and exposed, manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an ao 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 voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use tfowelable 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' a 4/7/99 SC -26 PART .D -F�IAL CONDITIJNS finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. U 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- 0 450 Heavy Tnemecol", or equal, to a minimum of 14 mils dry film thickness. 4. The exterior surface of all pre -cast section joints shall be thoroughly cleaned with a wire O 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. 0 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, lift 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 hole sealing, exterior surface coating and pavement repair. aThe 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 plimited to, joint sealing, Iifthole sealing, and exterior surface coating. Payment for concrete collars will be made per each. Payment for manhole inserts will be made per each. D-53 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 by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case by case basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews fl with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice ,shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6.15. aA. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection a 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 fl 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 4/7/99 SC -27 U PART 9- SPECIAL ,CONDITIONS incidental four (4) ,feet of servi�e line which is included in the price bid for Sanitary Sewer Taps: Payment for work- suchas backfill, saddles, tees, fittings incidental four (4) feet of service line and all other-associ ted appurtenances required shall be igcludedrn the price bid fbr Sanitary Sewer Taps. B. SEWER SERVICE REPLACE , ENT: All building sewer services encountered during shall be adjusted and/or replaced by the Contractor as directed by the 'Engineer ,construction as required for the connection f 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 pdrformed by a licensed pluber. The length 'of the replacement; shall be determined by the Engineer. All sewer service shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. Connection to the existing sewer service 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. Payment for work and materials such as backfill, pipe, fittings, and all other- associated work 0 for service replacements in exc ss of four (4) linear feet shall be included in the linear foot price bid for sanitary' sewer 'se�vice 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 l a, 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, aqd/or described in these Special Contract Documents in addition to those ,located in This be done in Section the field and. identified by the Engineer. work shall accordance with E2-1.5 Salvaging of Material and E2b2.7 Removing Pipe, of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. Q A. SALVAGE OF EXISTING WA,T R 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 Se ction E2-1.5 Salvaging of Materials. 1x B. SALVAGE OF EXISTING WATER METER AND' CONCRETE VAULT LID: Existing water meter and concrete vault lid' hall. be removed and returned to the Water Department warehouse by the Contractor in ccordance with Section E2-1.5 Salvaging ofMaterials. The concrete vault shall be demobs ed 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' 2-2.9 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 °Departure t warehouse 'by the Contractor in accordance with ,Section E2-1°.5 Salvaging of Materials. The e void shall be backfilled and compacted in accordance With backfill method as specified in ection E2-2.9 Backfill. Backfill material' shall be suitable excavated material approved byithe Engineer. Surface restoration shall ,be compatible with existing surrounding' surface a, d grade. 0 4/7/99 SC -28 0 0 0 0 0 0 0 a a 0 0 0 0 0 0 0 0 0 0 PART D ,SPEGIAL CONDINS D. SALVAGE OF EXISTING GATE VALVEjExisting gatealveand valve box and lid shall be removed and returned to the Water D�pair�et warehouse, tithe Contractor in accordance with Section E2-1.5 Salvaging of Materiafsg�h a void area c tjsed 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 valv�td'the.fully closed positiootand.,demolishing the valve box in place to a point not less ° than 18 inches below final grade. Concrete shall then be used as backfill material to match existing grade. F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less' than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be' suitable excavated material approved by the Engineer. Surface restoration, shall be compatible with, the existing surrounding grade. G. ABANDONMENT OF MANHOLES: Manholes to be 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. I. CUTTING AND PLUGGING EXISTING MAINS: At various locations on this project, it may be required to cut, plug, and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines; Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is required. J REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants and meter boxes shall be delivered to Water Department Field Operation, Storage Yard. 4/7/99 SC -29 PART D - SPECIAL CONDITIONS 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 file 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 .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 consistof a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious'to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall not be less than two inches with a minimum unit weight of 2'/2 pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows: Type ofUtility 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 bid for 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-58 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". ,D-59 DISPOSAL OF SPOIL/FILL '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 theFlood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by }the Administrator to ensure that filling is not occurring within a floodplain without a 4/7/99 SG -30 D PART D -!AL CONDI'IONS�. .0 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 Contractors disposal D sites shall be evidenced by a letter signed by the Administratorstating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary Engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material rat 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 spoil/fill 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 0 proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is proqured 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 fl equipment which may accomplish the intended purpose. However, the Contractor shall have the LLI full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City,, shall be the sole judge of the acceptability of substitutions. The fl 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 D 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 Dfl 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 fl might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high -velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have a selection of two or more high -velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be, cleaned. Equipment shall also include a high -velocity gun for washing and scouring D 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. 4/7/99 SC -31 D ` a PART D - SPECIAL CONDITIONS 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 duripg the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around. the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment which cannot be collapsed is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage' present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible: '2. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high -velocity jet equipment. The equipment shall be capable of removing, dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot' be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or equipment 'ails. 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., 1 3. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock,"grease, and other solids or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole 0 section to manhole section, which could cause line stoppages, accumulations of -sand in wet wells, or damage pumping equipment, shall not be permitted. 4. All solids or semisolid resulting from the cleaning operations shall -be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than, at the end of each workday and disposed of at no additional cost -to the City, 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE bUMPED1ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. '6. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed. and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture, of the entire periphery of the pipe. The camera, shall be operative in 100% humidity cdnditions. 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. 4/7/99 SC -32 1, 0 D _ PART D -_SPECIAL CONDITIONS, 0 B. EXECUTION: UI.. 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 0 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. 0 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 0 members of the crew. The importance of accurate, distance measurements is emphasized. All television 0 inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or U 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 u other suitable device, and the accuracy shall be satisfactory to the Engineer. 0 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 0 circumstances, when it becomes lodged during inspection,, shall be incidental to Television inspection. fl 0 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer, service taps observed during inspection. In addition, other points of significance fl such as locations of, unusual conditions, roots, storm sewer connections, broken pipe, U presence of scale and corrosion, and other discernible features will be recorded, and a copy of such records will be supplied to the City. Q3. 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 fl 0 Engineer, as long as such photographing does not interfere with the Contractor's operations. Q 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 0 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 withoutthe permission of the Engineer. 0 an�ss SC -33 a r a PART D - SPECIAL CONDITIONS If the tapes are of such poor quality that the' Engineerkis"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. a THETAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected. Tapes will be returned to the Contractor upon completion of review by the Engineer. All costs associated withthis work shall be incidental to unit prices bid for items under Television Inspection of.the Proposal. C. PAYMENT OF CLEANING AND PRE-CONSTRU TION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for Pre -Construction Cleaning .and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily, 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 0 sand and debris from the sewers to, a legal dump site. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to 0 provide video image required for line analysis. The primary purpose of cleaning is for television inspection -and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. 'no The City makes 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 0 to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. o D-63 VACUUM TESTING OF SANITARY SEWER MANHOLES A. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer 0 manholes. 0 a 47/99 'SC -34 .0 0 PART D SPECIAL CONDITIONS aB. EXECUTION: 1. 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. OThe 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: 9 Table 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. 9 18' 45 sec., 59 sec. 20' 5.0 sec. 65 sec. fl 22' 55 sec., 72 sec. LI 24' 59 sec. 78 sec. 26' 64 sec. 85 sec. 9 28' 69 sec. 91 sec. 30' 74 sec. 98 sec. For Each 5 sec. 6 sec. Additional 2' a 2. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one -inch ofjnercury (1" Hg) after the required test time. Anymanhole 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. 0 Following completion of a successful test, the manhole shall be restored to its normal condition, all temporary plugs shall be removed, all braces, equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. 0 C. PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuumtest. This price shall include all material, labor, equipment, and all incidentals, including all bypass pumping, required tO complete the test as specified Dherein. 0 4/7/99 SC -35 a PART D - SPECIAL CONDITIONS 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 bypass lines shall be of adequate'capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be" made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system. Under no circumstances will the Contractor be permitted to,discharge sewage into the trenches. Payment shall be incidental to rehabilitation or replacement of the sewer line. V D-65 POST-CONSTRUCTJON'ATELEVISION 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 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 televsioncamera 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 an unsatisfactory inspection. C. EXECUTION:, TELEVJSION 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 3,0 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 video tapes shall have a footage counter, Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter; roll -a -tape, or other suitable.device, and the.accuracy,shalI 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 u'sed_fof securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all 4/M9 SC -36 0 PART D - SPECIAL CONDITIONS circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. Sanitary sewer mains must be laced with enough water to fill all low pints. The television inspection must be done immediately following the lacing of the main with no water flow. If sewer is active, flow must be restricted to provide a clear image of sewer being inspected. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent ,manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans. A copy of these television logs will be supplied to the City. 3. PHOTOGRAPHS: ,Instant developing, 35 mm, or other standard -size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not• interfere with the Contractor's operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall, be p furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall be provided, to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor p upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. flIf the tapes are of such poor quality that the Engineer is unable to evaluate the condition of LI 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 Cy. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for LI 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 O linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be U' 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 4,7/99 SC -37 a PART D - SPECIAL CONDITIONS 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 concretp 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 for `the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled -hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit'the surface area of erodible -earth material exposed by. preparing right-of-way, clearing and grubbing, the surface area of erodible -earth material, exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water ,impoundment. Such work may involve the construction of temporary berms, dikes, dams, ,sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution -control measures shall be used to prevent or correct erosion 4/7/99 SC -38 " z PART D - SPECIAL CONDITIONS U- � Mir 1.y 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. fl1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. fl2. When work areas or material sourcesare located in or adjacent to live streams, such vvv 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 O,reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall U 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 j1 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 u be made to an owner prior to his driveway being removed and/or rebuilt. D-69 PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the LI 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 thoroughly 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 for approval by the Engineer will be grade restoration to plus minus one -tenth (0.1) of a foot. 4/7199 _.. __.... _ SC -39 B il PART D - SPECIAL CONDITIONS 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 FortWorth 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 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: 4 1. At the.Time of Contract Document Execution • ED -1 03 -Contractors Act of Assurance • ED -104 -Resolution J Work ,requiredto conform 'to these requirements shall be considered subsidiary and no extra payment will be made. The SRF requirements are'included,in Appendix A. D-73 TOPSOIL, SODDING AND SEEDING (NOT USED 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 employges'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. D-75 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION: 1. Prior to the final inspection being conducted for theproject, 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 pf 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. 411/99 SC -40 PART D - SPECIAL CONDITIONS, 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' augering. 2. Any and all trees located within the equipment operating area at each work site shall, at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line or ' edge of the tree root system between tree and the construction area. 0 3. Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations. The Engineer shall be notified at least 24 hours prior'to any tree trimming work. No trimming work will be permitted within private property without written permission of the Owner. 4. Nothing shall be stored over the tree root system within the drip line area of any tree. 5. Before excavation (off the roadway) within the drip line area y) a ea of any tree, the earth shall be sawcut for a minimum depth of 2 feet. 6. At designated locations shown on the drawings, the "short tunnel" method using Class 51 D.I. pipe shall be utilized. �-+ 7. Except in areas where clearing is allowed, all trees up .to 8" in diameter damaged during construction shall be removed and replaced with the same type and diameter tree at the contractor's expense. 8. Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural practices and procedures. 9. Short tunneling shall consist of power augering or hand excavation. The tunnel diameter shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe UI installation shall be pressure grouted. I 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 indicated. The Contract Unit Price shall C1 include all costs associated with installation and reinforcement ofthe 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 LI work such as forming, placing and finishing shall be subsidiary to the price' bid for pipe installation. 0 4/7/99 SC -41 B" PART D - SPECIAL CONDITIONS D-79 EXPLORATORY EXCAVATION (D= MOLE): 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 location and elevation of the existing underground utility where, it may be in potential conflict with a proposed facility alignment. The exploratory excavation shall be conducted prior to construction of'the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the' City prior to the start of construction of the entire project. If' the contractor determines an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications. The contractor shall make the necessary repairs at the exploratory excavation (D -Hole) to obtain "a safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D -Hole). Payment shall not be made for verification of existing utilities per item ,D-22.., Payment fpr exploratory excavation (D -Hole), at, locations identified on the plans or as directed by fhe '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 excavations) conducted after construction has begun. D-80 INSTALLATION OF WATER FACILITIES (NOT USED) 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 flown from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatcring'operations. The DISCHARGE from any dewatering operation shall be' conducted as approved by the Engineer. Ground water shall not be.discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price. D-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. 4T?/ 9 SC -42 PART D _ SPECIAL CONDITIONS,, D-84 TREE PRUNING: GA. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees" B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2: Vermeer V-1550RC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE 1. Steel "T" = Bar stakes, 6 feet long. 2. Smooth Horse -Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 3. Surveyor's Plastic Flagging: "Tundr " weight, International fluorescent � 9 orange or red color. 4. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. D. ROOT PRUNING 1. Survey and stake location of root pruning trenches as shown on drawings. 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. U 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 fl 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 4n1ss SC -43 B PART D - SPECIAL CONDITIONS D-85 TREE'REMOVAL: Trees to be removed shall be removed using applicable methods, includingstump 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 o'r replace any damage to utilities and private ,property including, but not limited to, water and sewer services, pavement, fences, wall$, 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. END OF PART D I 0 C ,4/7/99 SC -44 0 a 0'• D D a ci 0 0 0 I PART DA ,ADDITIONAL, SPECIAL ° CONDITIONS } k I A, a B PART DA - ADDITIONAL. SPECIAL CONDITIONS DA -1 PIPELINE REHABILITATION CURED -IN -PLACE PIPE ..................................................ASC- 1 DA -2 PIPELINE REHABILITATION PIPE ENLARGEMENT SYSTEM (NOT USED) .................ASC-6 DA -3 PIPELINE REHABILITATION FOLD AND FORM PIPE (NOT USED) .............................. ASC-6 DA -4 SLIPLINING (NOT USED).................................................................................................ASC-6 DA -5 PIPE INSTALLED BY OTHER THAN OPEN CUT.............................................................ASC-7 DA -6 SERVICE LINE POINT REPAIR / CLEANOUT REPAIR (NOT USED) ........................... ASC-10 DA -7 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION (NOT USED) ASC-10 DA -8 MANHOLE REHABILITATION ITEMS (NOT USED).......................................................ASC-10 IF DA -9 SURFACE PREPARATION FOR MANHOLE REHABILITATION (NOT USED)..............ASC-10 DA -10 INTERIOR MANHOLE COATING - MICROSILICATE MORTAR SYSTEM (NOT USED) ASC-10 DA -11 INTERIOR MANHOLE COATING - QUADEX SYSTEM (NOT USED) ............................ ASC-10 DA -12 INTERIOR MANHOLE COATING - SPRAYWALL SYSTEM (NOT USED) .................... ASC-10 DA -13 INTERIOR MANHOLE COATING - RAVEN LINING SYSTEM (NOT USED) ................. ASC-10 DA -14 INTERIOR MH COATING - PERMACAST SYSTEM WITH EPDXY LINER (NOT USED) ASC-10 DA -15 RIGID FIBERGLASS MANHOLE LINERS (NOT USED)..................................................ASC-10 DA -16 PVC LINED CONCRETE WALL RECONSTRUCTION (NOT USED) .............................. ASC-10 DA -17 PRESSURE GROUTING (NOT USED)...........................................................................ASC-10 fl DA -18 VACUUM TESTING OF REHABILITATED MANHOLES (NOT USED) ........................... ASC-10 DA -19 FIBERGLASS MANHOLES (NOT USED)........................................................................ASC-10 DA -20 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES (NOT USED)... ASC-10 fl DA -21 REPLACEMENT OF CONCRETE CURB AND GUTTER (NOT USED) .......................... DA -22 REPLACEMENT OF 6" CONCRETE DRIVEWAYS (NOT USED) ................................... ASC-10 ASC-10 DA -23 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE (NOT USED) .......................; ... ASC-10 DA -24, GRADED CRUSHED STONES (NOT USED)..................................................................ASC-10 DA -25 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE (NOT USED).....................................:....ASC-10 DA -26 BUTT JOINTS - MILLED (NOT USED)...........................................................................ASC-11 fl DA -27 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) (NOT USED)..................................ASC-11 DA -28 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER (NOT USED) ........................... ASC-11 LI DA -29 NEW 7" CONCRETE VALLEY GUTTER (NOT USED)...................................................ASC-11 DA -30 NEW 4" STANDARD WHEELCHAIR RAMP (NOT USED)..............................................ASC-11 ii DA -31 8" PAVEMENT PULVERIZATION '(NOT USED)..............................................................ASC-11 DA -32 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) ............................. ASC-11 DA -33 RAISED PAVEMENT MARKERS...................................................................:...............ASC-12 fl DA -34 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (NOT USED) DA -35 LOADING, TRANS., AND DISPOSAL OF CONTAMINATED SOIL (NOT USED).......... ASC-12 ASC-12 DA -36 ROCK RIPRAP - GROUT - FILTER FABRIC (NOT USED) ..............................................ASC-12 Lii n 0 04/07/99 ASC-1 0 PA RT DA - ADDITIONAL SPECIAL CONDITIONS U . DA -1 PIPELINE REHABILITATION CURED -IN -PLACE PIPE: A. WORK TO BE DONE: Thework to be done under this contract consists of rehabilitation of existing sewer lines by the Cure -in -Place Pipe Method or approved equal. Cured -in -place pipe consists of a resin impregnated flexible tube, coated with an elastomeric coating, Ij when inverted into an existing sewer pipe through existing access manholes, and which, under proper hydrostatic and thermal conditions, is cured -in -place, becoming a structurally sound cured -in -place pipe. The thickness of the pipe will be dictated by the structural � requirements of the sewer pipe with no loss of cross sectional area other than the thickness of the resin -impregnated tube. The pipe will be impermeable to water, provide corrosion resistance, and an optimum friction factor for the sewer flow. Branch connections shall be reinstated by a remote controlled cutting device. The work consists of providing all labor, equipment, transportation, materials, and supervision necessary to : 1. Thoroughly clean sewers as required for the installation of the resin -impregnated 9 Yq tube. II 2. Inspect sewers by closed circuit color television (CCTV), including identifying and marking the location of each service connection. Cost subsidiary to Pre - fl Construction TV Inspection. 3. Notify residents at least 48 hours prior to service interruption. 4. Install the resin -impregnated tube of the correct thickness as specified. 5. Cut out all service connections by remote cutters and restore service within 18 hours. fl 6. Reinspect by CCTV to verify satisfactory completion of work at time of lateral reinstatement. Cost subsidiary to Post -Construction TV Inspection. fl 7. Pump around all dry and wet weather flows to accommodate the process at each separate installation, as required, 8. Comply with all appropriate governmental agencies' regulations regarding traffic, 0 safety procedures and permits, the cost of which is the responsibility of the Contractor.- B. MATERIALS: The fiber felt tube shall be fabricated to a size that when installed will tightly fit the internal circumference of the conduit specified by the Owner. Allowance for rt circumferential stretching during inversion shall be made and shall meet ASTM-1216. The minimum length shall be that deemed necessary by the Contractorto effectively span the distance from the inlet to the outlet of the respective manholes, unless otherwise specified. The Contractor shall verify the lengths in the field before impregnation. Individual inversion may be made over one or more manhole sections, as determined in the field by the Contractor. 04/07/99 ASC-2 t PART DA - ADDITIONAL SPECIAL CONDITIONS Unless otherwise specified, the Contractor shall furnish a general purpose unsaturated polyester resin and catalyst system that meets ASTM standards and the finished cured physical strengths specified. C. REQUIRED THICKNESS OF CURED -IN -PLACE PIPE: The thickness of the pipe will be determined from information. supplied. or manufacture's recommendation for the condition of the existing pipe. Should pre -installation inspections reveal the sewers to be ,in substantially different conditions than those in the design considerations, the contractor can request such changes in pipe thickness, supporting such request with design data in accordance with the pipe manufacturer's standard designcriteria as follows: LINER THICKNESS Sewer )Pipe Invert Pipe Invert Pipe Invert Diameter Depth up to 10' Depth 10'-15' Depth Over 15' (also the minimum) 6" 4.5mm 4.5mm 4.5mm 8" 6.0mm 6.Qmm 6.0mm 10" 6.0mm 6.0mm 7.5mm 12" 6.Dmm 7.5mm 9.0mm 15" 7.5mm 9.0mm 10.5mm 18" 9.0mm ` 12.0mm 13.5mm 21" 10.5mm 13.5mm 15.0mm 24" 12.0mm 15.0mm 16.5mm D. PREPARATORY WORK: The installation • procedures shall be as follows .unless otherwise approved by the City. 1. Safety - The contractor shall carry oUt.his operations in strict'accordance with all' safety requirements. Particular attention is drawn to those safety requirements that involve working with scaffolding and entering confined spaces. 2. All easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's. responsibility to obtain written permission from the Property Owners involved for the use of additional property required. No additional payment will be allowed for this item. If a street must bclosed to traffic because of the orientation of the sewer, 'the Department of Engineering shall institute the actions necessary to' do this for the mutually agreed upon time period. 3., Before Using any water from the City of Fort Worth, the' Contractor shall be responsible for the water meter and related charges for the set up, including the 'water usage bill. All expenses shall be considered incidental to cleaning. 4. Cleaning of Sewer Line - It shall be the responsibility of'the Contractor to remove all internal debris out of the sewer lines and flush the sewer lines clean, disposing 04/07/99 ASIA -3 PART DA - ADDITI�JN L SPECIAL,aDNDkTIONS 0 of debris off -site. Debris is not to be washed downstream into other sewers. All solids or semisolids resulting from the cleaning operations shall be removed from the site and disposed of at no additional cost to the City. It is the responsibility of the Contractor to secure a legal dump site foe they disposal of this material. All materials shall be removed from the site no less often than at the end of eachwork day. All cost for the above -described work shall bepaid for by the price bid •per D linear foot for Cleaning and Television Inspection. D, 5. Inspection of Pipelines - Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles, and service connections by closed circuit color television. Television inspection shall be in accordance with the specifications contained herewith for "Pre- and Post -Construction Television Inspection of Sanitary Sewer Lines". E. INSTALLATION OF THE RESIN IMPREGNATED TUBE: Li 1. The Contractor shall designate a location where the uncured resin in the original containers and the unimpregnated fiber -felt tube will be vacuum impregnated prior to installation. The Contractor shall allow the Owner to inspect the materials and "wet -out" procedure. A resin and catalyst system compatible with requirements of this method shall, be used. The quantities of the liquid thermosetting materials shall fl be per manufacturer's standards to provide the wall thickness specified.. All felt shall be impregnated under vacuum. 2. The wet -out fiber felt tube shall be installed through an existing manhole or other Li approved access ,by means of an inversion process and the application of a hydrostatic head sufficient to fully extend it to the next designated manhole. The fl impregnated tube shall generally be inserted into the vertical inversion standpipe with the impermeable plastic membrane side out. At the lower end of the inversion. standpipe, the felt tube shall be turned inside out and attached tothe standpipe so fl that a leak -proof seal is created. The inversion head will be adjusted to be of sufficient height to cause the impregnated tube to invert from manhole to manhole and hold the tube tight to the pipe wall and produce dimples at the side fl connections. A lubricant, if used, shall be as approved by manufacturer's Li standards. Manufacturer's standards shall be closely followed during the elevated temperature curing so, as not to over -stress the felt fiber and cause damage or fl failure prior to cure. In certain cases, the Contractor may elect to use a top inversion. 3. Curing: After inversion is complete, the Contractor shall supply a suitable heat source and water or steam recirculation equipment. The equipment shall be capable of delivering hot water or steam throughout the section by means of a pre - strung hose, which has been perforated per manufacturer's recommendations, to uniformly raise the water temperature above the temperature required to effect a cure of the resin. This temperature shall be determined by the resin/catalyst Qsystem employed and shall be per manufacturer's standards. 4. The heat source shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water or steam supply. Another such gauge shall be placed at the remote manholes to determine the temperatures during cure. Initial 04/07/99 ASC-4 0 PART DA - ADDITIONAL SPECIAL CONDITIONS cure shall be deemed to be completed when inspection of the portions exposed of P the cured -in -place pipeappear to be hard and sound. The cure period shall be ofa duration recommended by the resin manufacturer, as modified for the inversion process, during which time the recirculation of the, water and/or steam and cycling of the heat exchanger to maintain the temperature continues. J 5. Cool -down: The Contractor shall cool the hardened cured -in -place pipe to a temperature below 100 F before relieving the static head in the inversion standpipe. Cool -down, may- be accomplished by introducing, cool water into the inversion standpipe to replace water or steam being„ drained from a small hole made in the downstream end. Care shall be taken in the release of the static head so that a vacuum will not be developed that could. damage the newly installed, .cured -in -place pipe. F. SERVICE 'CONNECTIONS: After the µpipe has been installed, the Contractor shall reconnect the active service connections. This shall generally be done without excavation, and, in the case of non -man entry pipes, from the interiorof thCpipeline by means of,a television' camera and a cutting device that re-established them to not less than 90 percent capacity. Existing services shall be reinstated' within 18 hours of installation. Should internal reinstatement' not 'be possible, the services must be reconnected externally by excavation immediately. Service saddles acceptable to the Engineer shall be utilized: Backfill at service connections shall be cement stabilized (2 sacks per cubic yard) to a point 12 inches above the service lateral to trench intersection and shall be in accordance with these specifications. Each reconnection -shall be paid for separately. Six inch sewer lines shall have service connections completed by external means. Contractor may' re- connect the 6', sewer line connections by infernal means in special cases with the approval of the Engineer. G. ACCEPTANCE: The' finished cure -in -place pipe shall be continuousover the entire length of an inversion run between manholes' and be smooth and free from substantial wrinkles, as well as defects, and improper house connections. Should any of these defects occur, the ling shall be excavated, repaired and/or replaced and complete restoration made to the satisfaction of the City at no additional cost. The watertightness of the pipe shall be tested for leaks under a positive head during cure with allowances being made for end leakage and temperature effects. H.- CLEAN-UP: Upon acceptance of the installation work and testing, the Contractor shall 14 restore the project area affected by his operations to original or better conditions. I. PATENTS: The Contractor shall warrant and save harmless the City and all of its officers, agents, and employees against all claims for patent infringement and any loss thereof. J. SPECIAL NOTES: The Contractor shall be liable for• damages to t(e homes or basements C from backups which may result during the installation of new pipe. K. MEASUREMENT AND PAYMENT: C 1. Cured -in -Place Pipe (CIPP) Installation: CIPP installation will be measured for payment by the linear, foot of CIPP actually installed in the various diameters of 04/07/99 ,ASC-5 0 PART DA - ADDITIONAL SPECIALCONDITIONS sewers measured along the centerline of the sewer from centerline to centerline of manholes. Payment will be made for the quantities measured at the unit price per linear foot for the various sewer diameters listed. 2. Service Reconnection: Payment will, be made for the quantities measured at the unit price per each listed in the bid proposal. Payment shall include all labor, materials, and the lateral connection, including mall necessary pipe and fittings to connect the existing service line. Payment shall not include pavement replacement, which if required, shall be paid separately. 3. Television Inspection and Cleaning: Special p g Condition for Post -Construction Television Inspection applies. 4. Sewer Cleaning by Bucket Machine: Heavy cleaning requiring more than hydraulic jet cleaning shall be performed by bucket machines. The payment for such cleaning shall be included in the bid item for Pre -Construction Television Inspection of Sanitary Sewer. 0 5. By -Pass Pumping: The Contractor shall ,provide diversion for the flow of sewage around the section or sections of pipe designated for the inversion of the resin - impregnated tube. The pumps and by-pass lines shall be of adequate capacity and size to handle all flows. All costs for by-pass pumping required during installation of the pipe shall be subsidiaryto the pipe reconstruction item. fl 6. Point Repairs: Point repairs shall be made before or after a cured -in -place pipe LL I installation at the Contractgr's option. Point repairs shall be conducted only if mutually agreed to by the Department of Engineering and the Contractor prior to acceptance of the line for reconstruction. Before any excavation is done for any purpose, it will be the responsibility of the Contractor to check with various utility companies and determine the' location of their facilities. Point repairs shall be fl measured and paid for by the linear foot for the appropriate depth ofcut. Payment (,,J shall include all labor, material and' equipment for pipe replacement according to standards. 0 0 0 0 7., Subsidiary Work: Any damage resulting to utilities and property,. resulting repairs, temporary service costs, etc., shall be borne by Contractor. Repair and/or replacement of fences, sprinkler system piping and, other such restoration work resulting from Contractor activities shall be considered subsidiary to the cost of the project and no additional payment will be allowed. DA -2 PIPE ENLARGEMENT SYSTEM (NOT USED): DA -3 FOLD AND FORM PIPE (NOT USED): DA -4 SLIPLINING (NOT USED): n ___ 04/07/99 Ii ASC-6 PART DA - ADDITIONALSPECIALCONDITIONS DA -5 PIPE INSTALLED BY OTHER THAN OPEN CUT: A. GENERAL: 1. Furnish materials and necessary accessories, with strengths, thickness, coatings, and fittings,indicated, specified and/or necessary to complete the work. '2. All excavation shall provide an open area conforming to the outside diameter of the casing and/or carrier conduit. The ,excavationshall be to an alignment and grade, which will allow the carrier conduit to be installed to proper, line and grade as shown•on the Plans and as established in the Specifications. I 3. Work shall be performed in accordance with the, requirements of the City of Fort Worth Water Department, the Texas Department of Transportation, or railroad company, as applicable. ,B. MATERIALS: 1. Casing Pipe: Casing pipe shall be steel conforming to ANSI $36.10 and the following: a. Field Strength: 35,000 psi minimum. ,b. Wall;thickness; 0.312 in. minimum (0.5 for railroad crossings)., c. Diameter: As.shown on the drawings (minimum' size requirements). d., Joints t Continuous circumferential weld in accordance with AWS'Dr.1. 2, Carrier Pipe in Casing: Carrier pipe shall be as shown on drawings and as' specified in the General Contract Documents. 3. Sewer Pipe Without Casing Pipe: Shall be minimum -Class 51 ductile iron pipe, or as designated on the plans. 4. Grout: Grout shall' be Portland Cement grout of min. 2000: psi compressive strength at 28 days. Proportioned not less than 1• cu. ft. of cement to 3 -cu. ft. of fine sand with sufficient water added to provide a free flowing thick slurry` . C. EXECUTION 1.. Where 'sewer pipe is required to beinstalled under railroad embankments or under highways, streets or other facilities in other than open but, construction shall be performed in such a manner so as to not interfere with the operation of the railroad, street, highway, or other facility, and so as not to weaken or damage any embankment 'or structure. During construction operations, barricades and lights to safeguard traffic and pedestrians shall be furnished and maintained, until such time as the backfill has been completed and then shall be removed from the site. 04/07/99 ASC-% PART DA - ADDITIONAL SPECIAL CONDITIONS 0 2. Pits and Trenches: 0 0 0 a. If the grade of the pipe at the end is below the ground surface, suitable pits or trenches shall be excavated for the purpose of conducting the jacking or tunneling operations and for placing end joints of the pipe. Wherever end trenches are cut in the sides of the embankment or beyond it, such work shall be sheeted securely and braced in a manner to prevent earth from caving in. b. The location of the pit shall meet the approval of the Engineer. c. The pits of trenches excavated to facilitate these operations shall be backfilled immediately after the casing and carrier pipe installation has been completed. jJ 3. Boring and Jacking Steel Casing Pipe: Steel casing pipe shall be installed by boring hole with the earth auger and simultaneously jacking pipe into place. 0 El 0 0 0 0 0 0 0 0 a. The boring shall proceed from a pit provided for the boring equipment and workmen. The holes are to be bored mechanically. The boring shall be done using a pilot' hole. By this method an approximate 2 -inch hole shall be bored the entire length of the crossing and shall be checked for line and grade on the opposite end of the bore from the work pit. This pilot hole shall serve as the centerline of the larger diameter hole to be bored. Other methods of maintaining line and grade on the casing may be approved if acceptable to the Engineer. Excavated material shall be placed near the top of the working pit and disposed of as required. The use of water or other fluids in connection with the boring operation will be permitted only to the extent required to lubricate cuttings. Jetting or sluicing will not be permitted. b. In unconsolidated soil formations, a gel -forming colloidal drilling fluid consisting of at least 10 percent of high grade carefully processed bentonite may be used to consolidate cuttings of the bit, seal the walls of the hole, and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. c. Allowable variation from the line and grade shall be as specified under paragraph A.2. All voids between bore and outside of casing shall be pressure grouted. 4. Installation of Carrier Pipe in Casing: a. Sanitary sewer pipe located within the =encasement pipe shall be supported by "skids" or "bands" to prevent the pipe and bells from snagging on the inside of the casing, and to keep the installed line from resting on the bells. b. All skids shall be treated with a wood preservative. Skids should extend for the full length of the pipe with the exception of the bell area and spigot area necessary for assembly unless otherwise specified. 04/07/99 ASC-8 0 PART DA - ADDITIONAL SPECIAL CONDITIONS c. The Contractor shall prevent over -belling the pipe while installing it through the. casing. A method'of restricting the movement between the assembled bell and spigot where applicable shall be provided. d. At all bored, jacked, or tunneled installations, the annular'"space between the carrier pipe and casing shall be filled with grout. Care must be taken that not too much water is forced into the casing so as not to float the pipe. The backfill material will not be required unless specified on the plans and specified by the Engineer. ,e. Closure of the casing after the pipe has been installed shall be plugged at the ends of the casing as shown on the drawings or as required by the D Engineer. 5. Boring -and Jacking Ductile Iron Pipe without Casing Pipe: a. As indicated on drawings and as required and directed by the Engineer sewer shall be constructed of bore and jacked ,ductile Iron pipe. b. When a casing pipe is not designated on -the drawings, the contractor shall provide a casing, pipe if necessary to achieve, line and grade. Casing pipe shall be provided at no additional cost and shall be subsidiary to the cost bid for installation -By Other than Open Cut. c. Boreand jack in accordance with paragraph C.3. above. d. Short length of sewer consisting of a single pipe section may be installed by jacking without a bore hole if permitted by the Engineer and in soft soil layer. All voids outside of installed pipe shall.be pressure,grbuted. 6. Tunneling: Where the characteristics of the soil, the size of the proposed pipe, or the use of monolithic sewer woyld make the use of tunneling, more satisfactory than jacking or boring, or when shown on the plans, a tunneling method may be used, with the approval of the Engineer or°railroad/highway officials. a. When tunneling is permitted, the lining of the tunnel shall be of sufficient strength of support the overburden. The Contractor shall' submit the proposed liner method to the Engineer for approval. The tunnel liner design shall bear the seal of a licensed professional engineer in the State of Texas. Approval by the Engineer shall not relieve the Contractor of the responsibility for the adequacy of the liner method. b. The' space between the tunnel liner and the limits ,of excavation shall be pressure grouted or mud jacked. c; Access holes for placing concrete shall be space,at maximum intervals of 10 feet. 04/07/99 ASC-9 PART DA - ADDITIONAL SPECIAL CONDITIONS a a n 0 II 0 0 0 0 a D 0 0 0 D 0 D. MEASUREMENT AND PAYMENT: Installation of pipe by other than open cut Will be measured by the linear foot of 'pipe, complete in place. Such measurement will be made between the ends of the pipe along the central axis as installed. The work performed and materials furnished as prescribed by this item will be paid for at the Contract Unit Price bid per linear foot for Pipe Installed by Other Than Open Cut of the type, size, and clasp of pipe specified as shown on plans. The furnishing of all materials, pipe, liner materials required for installation, for all preparation, hauling and installing of same, and for all labor, tools, equipment and incidentals necessary to complete the work, including excavation, backfilling and disposal of surplus material shall be included in the Contract Unit Price as shown in the Bid Proposal. DA -6 PRIVATE SECTOR REPAIRS (NOT USED): DA -7 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION (NOT USED): DA -8 MANHOLE REHABILITATION (NOT USED): DA -9 SURFACE PREPARATION FOR MANHOLE REHABILITATION (NOT USED): DA -10 INTERIOR MANHOLE COATING - MICROSILICATE MORTAR SYSTEM(NOT USED): DA -11 INTERIOR MANHOLE COATING - QUADEX SYSTEM (NOT USED): DA -12 INTERIOR MANHOLE COATING - SPRAY WALL SYSTEM (NOT USED): DA -13 INTERIOR MANHOLE COATING - RAVEN LINING SYSTEM (NOT USED): DA -14 INTERIOR MH COATING: PERMACAST SYSTEM WITH EPDXY LINER (NOT USED): DA -15. RIGID FIBERGLASS MANHOLE LINERS (NOT USED): DA- 16 PVC LINED CONCRETE WALL RECONSTRUCTION (NOT USED): DA -17 PRESSURE GROUTING (NOT USED): DA -18 VACUUM TESTING OF REHABILITATED MANHOLES (NOT USED): DA -19 FIBERGLASS MANHOLES (NOT USED): DA -20 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES (NOT USED): DA -21 REPLACEMENT OF CONCRETE CURB AND GUTTER (NOT USED): DA -22 REPLACEMENT OF 6" CONCRETE DRIVEWAYS (NOT USED): DA -23 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE (NOT USED): DA -24 GRADED CRUSHED STONES (NOT USED): DA -25 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE (NOT USED): 04/07/99 ASC-1 0 0 PART DA -ADDITIONAL SPECIAL CONDITIONS DA -26 BUTT JOINTS - MILLED (NOT USED): -DA-27 2" H.M.A.C. SURFACE -COURSE (TYPE "D" MIX) (NOT USED): DA -28 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER (NOT USED): DA -29 NEW 7" CONCRETE VALLEY GUTTER (NOT USED): DA -30 NEW 4" STANDARD WHEELCHAIR RAMP (NOT USED): DA -31 8" PAVEMENT PULVERIZATION (NOT USED): Contractor shall, pulverize the existing pavement to a depth of 8". After pulverization is completed, contractor shall temporary remove and store the 8" deep pulverized material, then cut the base 2" to provide place for the new 2" H.M.A.C. surface. The 2" base cut shall start at a depth of 8" from, the existing'pulverized surface. After the undercut operation is completed, contractor shall spread, mix, and compact the pulverized material to a 95% compaction 'per City's Standard Specifications or as directed by the Engineer in the field. A 5% portland cement shall be used to mix the pulverized material. , DA -32 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) H The following specifications are for the furnishing and placing of reinforced concrete pavement or base,. as shown on detail and as directed by the Engineer. A. GENERAL: Reinforced concrete pavement or base shall conform to,Specification Item No. 314 herein except for finishing and curing. B. FINISHING: The reihforced concrete shall be brought to 'a uniform -surface by working with a wooden, float. The surface shall be flush with the adjacent pavement andshall have a finish similar to the surrounding pavement. The surface shall be even and shall provide a smooth' ride. C. CURING: The reinforced concrete pavement surfaces shall be sprayed uniformly with a membrane curing compound conforming to the requirements of ASTM C-309, Type 2, white -pigmented compound, which shalt' not produce permanent discoloration of the concrete. Concrete shall be allowed to cure for seven days or test cylinders reoch 1'000 psi before removal of barricades. D. EXECUTION: Included in this item will be the removal of the, existing reinforced concrete ,pavement. The existing pavement shall be sawed so as to maintain an even, `straight pavement cut. The existing reinforcing steel at sawed line and construction joints shall be lapped 18 inches with the new reinforced concrete pavement. The existing steel shall be thoroughly cleaned before lapping. 04/07/99 ASC-11 PART DA - ADDITIONAL SPECIAL CONDITIONS 0 The following work method will be performed on each utility cut: 0 1. Place safety signs, barricades and/or other warning devices where necessary and as required. 2. Replace pavement to nearest joint. 3. Mark out the damaged area with keel, chalk line or paint being sure to include all areas 7 requiring repair. 4. Saw cut along marked lines a minimum of two (2) inches deep. 0 5. Remove existing concrete. Dspecifications. 6. i Form joints and, place reinforcing, steel �nd Dowel Bars (as required) according to standard 0j 7. Place and finish concrete. `r 8. Clean up job site, removing all debris. 0r 9. Maintain traffic control devices to protect the area until the concrete has cured seven days or concrete re`aches'3000 psi:.compressive strength. E. PAYMENT: Payment shall be made at the unit price per linear foot as shown on the proposal and shall be full {` compensation for furnishing all labor, materials, equipment tools and incidentals necessary to complete the work. DA -33 RAISED PAVEMENT MARKERS All applicable provisions of Standard Specifications for Roadway Markers (Buttons) shall apply. fl The Contractor shall install standard roadway markers according to city specifications as -shown on plan sheet or as directed by the Engineer. Please refer to ``Roadway Markers Specifications". 0 DA -34 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (NOT USED): DA -35 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL (NOT USED): DA -36 ROCK RIPRAP- GROUT - FILTER FABRIC (NOT USED): 0 0 04107/99• ASC-12 0 0 0 0 0 a d- 0 d 0 a 0 o. 0 0 0 0 0 0 � r 4 i r PART EL MATERIAL AND CQNSTRUCTION SPECIFICATIONS j F � 0 0 0 0 a a a 0 a 0 0 0 0 0 0 0 a 0 0 SECTION El - MATERIAL AND CONSTRUCTION SPECIFICATION REVISIONS E Section E Specification E1-2.4 Backfill E2-2.1 Trench Backfill 0 0 0 0 Q 0 D 0 a a 0 0 0 0 0 0 a a 0 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 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 copied verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX El MAtERIAL SPECIFICATIONS E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS E(2) SECTION El - MATERIAL SPECIFICATIONS MATERIAL STANDARD E1-2 DJANUARY 1, 1978 0 Revisions as of April 20, 1981, follow: 0 E1-2.4 Backfill: (Correct minimum compaction requirement to 95% Proctor density and correct P.I. values as follows:) U, c. Additional backfill requirements when approved for use in streets: 1. Type B Backfill (c) Maximum plastic index (PI) shall be 2.Type C Backfill (a) Material meeting requirements and having a P1 of $ or less shall be considered as suitable for compaction by jetting (b) Material meeting requirement and having a P1 of ;3 or more shall be considered for use only with mechanical compaction 0 Li 0 'I 0 Li a 0 I a ci 9 E1-2.4 & E2-2.1 (1) SECTION El - MATERIAL SPECIFICATIONS o MATERIAL STANDARD E1-2 JANUARY 1, 1978 I E2-2.1 Trench Backfill: (Correct minimum compaction requirement whenever it appears in this section to 95% Proctor density except for paragraph a.1. where the "95% modified Proctor density" shall remain unchanged). 0 a 0 I 0 0 0 7J 0 0 0 0 a a 9 , E1-2.4 & E2-2.1 (1) EXCAVATION, BACKFILL AND PAVEMENT REPAIR UNDER EXISTING STREETS MIN. 2' HOT OR COLD MIX ASPHALT EXIST, STREET PAVEME d EXIST. BASE w SAND MATERIAL EMBEDMENT SEE SPEC. E1-2 )Kx 1) SEWER - MINIMUM 12', SAND EMBEDMENT COVER 2) WATER - MINIMUM 6' SAND EMBEDMENT COVER MINIMUM 6' EMBEDMENT TEMPORARY PAVING REPAIR SHOWN - FOR PERMANENT PAVING REPAIR DETAILS SEE FIGURES 1-5 OR AS SPECIFIED IN THE PLANS OR SPECIFICATIONS. o°o°o°o°o°odo°o°o°o°o°o° o°o°o°o°o°o°o°o°o°0°0°09 I. 6' COMPACTED /// / /// %// BOTTOM OF TEMPORARY OR PERMANENT PAVEMENT REPAIR ETYPE C BACKFILL SEE SPEC. E1-2 1'-6' MAXIMUM CRUSHED STONE SEE SPEC. E1-3 * INCLUDED IN LINEAR FOOT BID PRICE OF FIFE FIGURE (SEVER: ALL (WATER SIZES 16" NTS B SIZES) & LARGER) REV: MARCH 25, 1999 ci i U STREET ' DIRT 0 U________ ________ 8 #4 REBARS . '73 ' TYP. USE 25000 CLASS r 1 B CONCRETE. U r N i . ' , o ____ Ui-. _________ - CONC. COLLAR 4' TYP. U HEIGHT VARIES PYNT. PYNT. .. CHAMFER GROUND • 2.27. .•• +�: • GR.1 RING _ CASE! CASE 2 • . ` �' 16' MIN. RAM NE. K • • ' 3 MINIMUM fl CASE! HEIGHT VARIES COLLAR SHALL EXTEAV TO TOP OF 2:27 CONCRETE SECTION A NO REBAR RE0. ) U CASE 2 COLLAR SHALL EXTE/VV 3' BELOW 80TTOH OF L Oh'(ST GRADE RING (REBAR REQ.) FIGURE 121 U CONCRETE MANHOLE COLLAR DETAIL Ei-20.21 MATERIAL. E2-20.21 CONSTRUCTION 5/18/90 D uoj%2nJ2suo3 f,I-Z3 I.;Jra hI-L3 . (vasyf /$#D.. ) '14 3W/Wid 9'., 9' W2'/ 9 - (jV 000.V d "/) U : •. p •:ix ��_••I• '� •.'. f• = j CPsrJa..d NI/!'.9 � J.'Jfno%7 Idfo j i' " ••'1 Vii` /. `o • .j , w s a add ( :ff : ..o s sk.�..V >•r�•! s�H' lp.:.•s •� :` .��an0� a • •: ?::: `::;:,.• P94ordobror��y-cva)i1 ' �... i om U •�..•.. ••:j,: tO.' �.?pyro•.�ov y�'- vrnyy � I __ White PMS 167 (Copper) PMS 288 (Blue) PMS 288 (Blue) 8'-0" I S , • • 3" 3'-1.5" 310 4'-1.5" 3' • 2.25" t - , TWQRTH� ,our• Water $ • • • ____ _ r Funds In Action - 2.25 0 N 3.75" I 0 3.75" .p 0 4.5"� 44 ! 14.5" " PMS 288 (Blue) PROJECT SIGN Scale 1"=l' Figure 30 09/18196 E2-1 Construction 4/7/99 3. 5. LB PM 0.\CADNEr\0UEUE\FW2PL.0CF\\CBFWAPPS\SYS\PL0TH\NTCLAYDML2he C E 0 0 0 O) L 0 a ,—COMPACTED CLAY I I OR 2 -SACK CONC. o z '>:'•': ": 3:•:: F .� 1 SEWER MAIN I II 11111111111 III Si. l� iiii.h.fh J h.fiii f..h ................. r r r r i i y.trr r'rirtr'i•ri fri•ri rrrJrrr: d :Iw:f :f%.M1.M14%.4'. f%1•. ..N:H:t.•9 l%f • •::.::.: :::.:::.:::::::: � �::::•:':y� rri~n r i i•�ih�'i .0 'n •n~O r ' Vri; . . \.rr,.ry.ry.V.•rrrr p..t... ::•:y:?::::i:::•::•::::•::+.: 4 .N4 .A. p.9. h.N.F.C 9..9 .C .9 .P•.M1 %.M111•:M1.C.. �M1n ihthFhhf M1.f�� n �:M.h.M.h.f.•.h.h.N.M.M.f•..f�f+.f..h.M1 EMBEDMENT CLAY DAM PROFILE N. T. S. COMPACTED CLAY OR 2 -SACK CONC. 6" MIN. BEYOND TRENCH ''"`'r> '• WIDTH AND DEPTH ?z SEWER MAIN CLAY DAM SECTION N. T. S. 0 0 a 0 0 0 0 0 0 a 0 A B B 4-6" #3 DOWELS SPACED EVENLY ( EMBED 3" I NTO BENCH) A MANHOLE WALL HYDRAULIC SLIDE DETAIL (FOR DROP OF 1.0'-2.0') NOTES DROP THROUGH WILL BE POURED MONOLITHICALLY WITH CAST IN PLACE BENCH, ORDOWELED AND GROUTED TO PRECAST BENCH MANHOLE WALL I. D. %2 I. D. 2' MAX ;�_•.,' :O ,t ,t :'r ,t,7 `,7 •P:t •7 ;2 ?',t;•t ;t ;C,;Y,+,t �: . 10" RAD. TYP. A -A B -B SECTION SECTION NOT TO SCALE r PARTY BONDS & INSURANCE A c e 0 I it I 0 It" Ii 0 0 0 it II R ri I 0 u 0 Ii 0 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: PROJECT NUMBER: IS TO CERTIFY THAT: 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. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance (Public Ea. Occurrence: $ Liability) Property Damage: Ea. Occurrence: $ Blasting Ea. Occurrence: $ Collapse of Building or structures adjacent to Ea. Occurrence: $ excavations Damage to Underground Utilities Ea. Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea. Person: $ Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Bodily Injury: Contractual Liability Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Other Locations covered: Description of operations covered: 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 Fort Worth Agent By Address Title 0 :..,:.:. [J CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW t5l 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 PS46- 070460410180 _ PATE BROTHERS CONSTRUCTION, INC. CO TRACTOR By: " DOUGL BISBALLE VICE PRESIDENT Title lu}� JULY 7, 1999 Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared DOUGLAS RTSRAT.T.Fs known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of PATE BROS. CONSTRUCTION INCfor the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 day of .Trrr.v .19 99 �P" "yg� �AELANY A. WATS0N Notary Public in and f =•; *'- Mmy COMMISSION EXPIRES the State of Texas June 7, 2001 'w'�iE OF ;;� �•''MELANY A WATSON Ol 0 0 0 0 0' D 0 0 0 0 0 0 ol 0 0 0 I APPENDIX A STATE REVOLVING FUND (SRF) FORMS .rte LI APPENDIX A Q TWDB CONTRACT CONDITIONS PRIVITY OF CONTRACT. fl This contract is expected to be funded in part with funds from the Texas Water Development Board. Neither the State of Texas nor any of its departments, agencies or employees is, or will be, a party to this contract or any lower tier contract. This contract 0fl is subject to regulations contained in 31 TAC Chapter 363 in effect on the date this contract is executed. 0 LI 0 0 0 LI 0 0 LI 0 0 0 0 DEFINITION. The term "TWDB" means the Executive Administrator of the Texas Water Development Board, or other person who may be at the time acting in the capacity or authorized to perform the functions of such Administrator, or the authorized representative thereof. FINAL PAYMENT. The retainage and its interest earnings, if any, shall not be paid to the Contractor until the TWDB has authorized a reduction in, or release of, retainage on the contract work. REVIEW BY OWNER AND TWDB. (a) The Owner, authorized representatives and agents of the Owner, and the TWDB shall, at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through authorized representatives or agents. (b) Any such inspection or review by the TWDB shall not subject the state of Texas to any action for damages. FLOOD HAZARD INSURANCE This provision applies to any contract which will construct structures that are insurable under the National Flood Insurance Program of the Federal Emergency Management Agency. The Contractor shall apply for flood insurance on all insurable structures that will be built under this contract. A copy of the completed application must be provided to the owner before commencing construction of the project. The Contractor shall obtain the flood hazard insurance as soon as possible and submit a copy of the policy to the Owner. ARCHEOLOGICAL DISCOVERIES. No activity which may affect a State Archeological Landmark is authorized until the Owner has complied with the provisions of the Antiquities Code of Texas. The Owner has previously coordinated with the appropriate agencies and impacts to known cultural or archeological deposits have been avoided or mitigated. However, the Contractor may encounter unanticipated cultural or archeological deposits during construction. LI Al -1 0 0 If archeological sites or historic structures are discovered after construction operations are begun, the Contractor shall immediately cease operations in that particular area and notify the Owner, the TWDB, and the Texas Historical Commission, (512-463-6096). The Contractor shall take reasonable steps to protect and preserve the discoveries until they have been inspected by the Owner's representative and the TWDB. The Owner will promptly coordinate with the Texas Historical Commission and any other appropriate agencies to obtain any necessary approvals or permits to enable the work to continue. The Contractor shall not resume work in the area of the discovery until authorized to do so by the Owner. ENDANGERED SPECIES. No activity is authorized that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. If a threatened or endangered species is encountered during construction, the Contractor shall immediately cease work in the area of the encounter and notify the Owner, who will immediately implement actions in accordance with the ESA and applicable State statutes. These actions shall include reporting the encounter to the TWDB, the U.S. Fish and Wildlife Service, and the Texas Parks and Wildlife Department, obtaining any necessary approvals or permits to enable the work to continue, or implement other mitigative actions. The Contractor shall not resume construction in the area of the encounter until authorized to do so by the Owner. LAWS TO BE OBSERVED. In the execution of the Contract, the Contractor must comply with all applicable Local, State and Federal laws, including but not limited to laws concerned with labor, safety, fl minimum wages, and the environment. The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State and Local laws, ordinances and regulations which in any manner affect the conduct of the work, and shall fl indemnify and save harmless the Owner, the TWDB, and their representatives against any claim arising from violation of any such law, ordinance or regulation by himself or by his subcontractor or his employees. HAZARDOUS MATERIALS. Materials utilized in the project shall be free of any hazardous materials, except as may U be specifically provided for in the specifications. If the Contractor encounters existing material on sites owned or controlled by the Owner fl or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner will be responsible for the testing for and removal or disposition of 0fl hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner. 0 Al -2 U a aEQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, or national origin. fl The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, handicap, or national origin. Such action shall include, but j Z not be limited to the following: Employment, upgrading, demotion, or transfer; U recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The fl Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive fl considerations for employment without regard to race, color, religion, sex, age, Li handicap, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in Ii conspicuous places available to employees and applicants for employees. a Ml a 0 Ii 0 0 (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, the Age Discrimination in Employment Act of 1967,29 U.S. C.A. 621 (1985), Executive Order 12250 of November 2, 1980, the Rehabilitation Act of 1973, 29 U.S.C.A. 701 et seq. (1985), and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies ci Al -3 0 invested as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by Law. 9 (7) The Contractor will include the portion of the sentence immediately preceding paragraph 1, and the provisions of paragraph 1 through 7, in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: PROVIDED, HOWEVER, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the Qinterest of the United States. (8) The Contractor will comply with Executive Order 11246 based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by 0 the Standard Federal Equal Employment Opportunity Construction Contract Specifications, as set forth in 41 CFR Part 60-4 and its efforts to meet the goals established for the geographical area where the Contract is to be performed. The a hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its D projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. The goals are expressed as percentages of the total hours of p employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees fl in the covered area. Goals are published periodically in the Federal Register in Li notice form, and such notices may be obtained from any office of federal contract compliance's programs office or from federal procurement contracting officers (512) fl 229-5835. The Contractor is expected to make substantially uniform progress LI toward its goal in each craft during the period specified. fl Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains fl the applicable goals set for minority and female participation and which is set forth in the solicitations from which this contract resulted. 0 a I A1-4 a C c:i II a 0 0 0 I Ii I a I I] I 0 0 0 S.R.F. 1. The Contractor shall complete the two attached Texas Water Development Board forms at time of contract execution. Bond #8155-25-32 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) PATE BROTHERS CONSTRUCTION, INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3) Federal Insurance Company a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: EIGHT HUNDRED TWENTY-NINE THOUSAND EIGHTEEN AND 50/100 ......................................... ($829,018.50) 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 µ made a part hereof, for the construction of- 1 , - MAINS 42 AND 54 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION (GROUP 4, CONTRACT 1), PART 9 designated as Project No. (s) PS46-070460410180, 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. Fl 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 10 counterparts each one of which shall be deemed an original, this the of ATTEST: JUL 06 1999 PATE BROTHERS CONSTRUCTION, INC. (Principal) Secretary PRSC1PAL (4) BY:4/gui /6'U - Douglas is al e Title: Vice President (SEAL) 780 W. MANSFIELD HWY KENNEDALE, TX 76060 (Address) Federal Insurance Coma \ W�j�tne as td.Pri,n i 1 Surety Jennedaens0 Address BY: )/1i/Y.1Q'\_kA/t9 ATTEST: Elaine ewis (Attorn y -in -f t (5) "-` (Surety) Secretary 4200 Research Forest Dr., Ste. 200 The Woodlands, TX 77381_ (Address) (SEAL) 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 4200 Research Forest Dr., Ste. 200 (Address) The Woodlands, TX 77381 F2 U. 0 POWER OFATTORNEY RNEY D FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 0 Fax No.: (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Roy E. Simmons, Scott D. Chapman, Donna Heckmann 0 Lee and Elaine Lewis of Conroe, Texas ----------------------------------------------- each its true and lawfulAttorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver a for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. O 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 21st day of January 19 98 Co IV O FEDERAL INSURANCE COMPANY w" r BY 'Kenneth -C. Wendel4" Fr nk Robe on Assistant Secretary Vice President STATE OF NEW JERSEY I ss. County of Somerset 0 0 0 0 0 0 0 On this 21st day of January 1998 , before me personally came Kenneth C. Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attorney is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal """"„ ,o°.O�ERX1'9 '4 y: Acknowledged and Sworn to before me : NOTARv ': on he date above w ' n. PusuC • a otary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Form 15-10-0183 (Ed. 8-95) GENERAL WENDIE P. WALSH Notary Public, State of New Jersey No. 0054504 Commission Expires April 18.1998 L�J CERTIFICATION STATE OF NEW JERSEY County of Somerset I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." C I 0 I J n I 0 I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of U Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren, N.J., Corporate Seal this day of , 19 kA, 696L Assistant Secretary 0 0 0 0 0 0 Bond #8155-25-32 PAYMENT BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) PATE BROTHERS CONSTRUCTION, INC. a (2) Corporation of Texas, hereinafter call Principal, and (3) Federal Insurance Company , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter alled 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: EIGHT HUNDRED TWENTY-NINE THOUSAND EIGHTEEN AND 50/1 00 ...................................... ($829,018.50) 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:: JUL .0 6 )999 MAIN 42 AND 54 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION (GROUP 4, CONTRACT 1), PART 9 Project No. (s) PS46-070460410180 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. F10 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. 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 10 counterparts each one of which shall be deemed an original, this the day of A.D., 1999. JUL061999 6 1999 PATE 241b THERS CONSTRUCTION INC. ATTES CIP BY: ou Title: Vice President (Principal) Secretary 780 W. MANSFIELD HWY KENNEDALE, TX 76060 (SEAL) (Address) Federal Insurance Company Witness as to Principal n 3 780 W. Mansfield Hwy. BY: Kennedale, TX 76060 Elain 1 (Attorn -in-fpt� Address 4200 Research Fo t`Dr. , Ste.200 ATTEST: (Address) (Surety) Secretary The Woodlands, TX 77381 (Address) ,- (SEAL) 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 4200 Research Forest Dr., Se. 200 The Woodlans, TX 77381 (Address) 0 I POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Roy E. Simmons, Scott D. Chapman, Donna Heckmann Lee and Elaine Lewis of Conroe, Texas_______________________________________________ each its true and lawfulAttomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 21st day of January 19 98 • Nu11 enneth C. Wendel Assistant Secretary STATE OF NEW JERSEY ss. County of Somerset FEDERAL INSURANCE COMPANY BY �r nk Robe on Vice President On this 21st day of January 1998 , before me personally came Kenneth C. Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attorney is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal ^"""" ... is Acknowledged and Sworn to before me : NO7ARY . on he date above w ' n. Puauc otary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Form 15-10-0183 (Ed. 8-95) GENERAL WENDIE P. WALSH Notary Public, State of New Jersey No. 0054504 Commission Expires April 18, 1998 0 CERTIFICATION STATE OF NEW JERSEY l ss. County of Somerset J I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. 0 0 0 0 0 I 0 C I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren, N.J., Corporate Seal this day of , 19 . O LeG( . Assistant Secretary 0 0 0 0 0 0 Bond #8155-25-32 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That (1) PATE BROTHERS CONSTRUCTION, INC., as Principal, acting herein by and through (2) Elaine Lewis its duly authorized Attorney -In -Fact and (3) Federal Insurance Company 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 EIGHT HUNDRED TWENTY-NINE THOUSAND EIGHTEEN AND 50/100.................................... ($829,018.50) 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, - ,JUL 06199 1999 WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, , 1999, the performance of the following described public work and the construction of the following described public improvements: MAINS 42 AND 54 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION (GROUP 4, CONTRACT 1), PART 9 of same being referred to herein and in said contract as the Work and being designated as project number PS46- 070460410180 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, 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 fmal acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One (1) Year; and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and 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, IN WITNESS WHEREOF, this instrument is executed in 10 counterparts, each one of which shall be deemed an original, dated UL 1999. UL ATTEST: ;�l06 99 cip retan (Seal) PATE BROTHERS CONSTRUCTION, INC. PRINCIPAL (4) 4 BY: ✓�"'/may"�i Douglas isballe Title: Vice President 780 W. MANSFIELD HWY FORT WORTH, TX 76060 (Address) Witness as to Principal 780 W. Mansfield Hwy. Feder. Insurance Comp n Kennedale, TX 76060 Shy (Address) BY ATTEST: Elai 2� e i.s�Atto�,ln -in-fat 5 es arc res ., Ste. 200 The Woodlands 1 (Address) (Surety) Secretary NOTE: Date of Bond must not be prior to date of Contract (SEAL) (1) Correct Name of Contractor (2) A Corporation, a partnership or an Individual, as case may be I (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 4200 Research Forest Dr., Ste. 200 The Woodlands, TX 77381 F6 POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Roy E. Simmons, Scott D. Chapman, Donna Heckmann Lee and Elaine Lewis of Conroe, Texas_______________________________________________ each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. O 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to D be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 21st day of January 19 98 Co U I! FEDERAL INSURANCE COMPANY BY a �Ncl enneth . Wendel F nk Robe on Assistant Secretary Vice President STATE OF NEW JERSEY ss. County of Somerset DOn this 21st' :may of January 1998 , before me personally came Kenneth C. Wendel to me known and by me known to beAisistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attorney is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws and in deponent's presence. 0 0 0 0 Notarial Seal ..... " r. �sy Acknowledged and Sworn to before me "o7". on he date above w ' n. PUBLIC NEW J£p5 otary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Form 15-10-0183 (Ed. 8-95) GENERAL WENDIE P. WALSH Notary Public, State of New Jersey No.0054504 Commission Expires April 18,1998 CERTIFICATION STATE OF NEW JERSEY t S• I, "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. I 0 I 0 11 I 0 El Given under my hand and the seal of said Company at Warren, N.J., this day of , 19 . a Corporate Seal 4771.__J ;` �URANc Assistant Secretary ` I J PART G - CONTRACT 1 THE STATE OF TEXAS § COUNTY OF TARRANT § JUL 06 999 THIS CONTRACT, made and entered into by 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 PATE BROTHERS CONSTRUCTION, INC. of the City of KENNEDALE, 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: IMAINS 42 AND 54 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION (GROUP 4, CONTRACT 1), PART 9 t 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 I said construction, in accordance with all the requirements of the Contract Documents, which include all 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 I identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's 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 I made a part hereof and collectively and constitute the entire contract. G1 r C LI n �i Ep, U! S Y ci n ii U; El El ii 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 10 counterparts in the year and say first above written. City of Fort Worth, Texas (Owner) Party of the First part • 4 BY1/ ASST. City Manager PATE BROTHERS CONSTRUCTION, INC. 780 W. MANSFIELD HWY KENNEDALE, TX 76060 Contractor APPROVED: A. Douglas Rademaker, P.E. Director Department of Engineering CW CW ATTEST: (Seal) WITNESSES: Approved as to Form and Legality: G teinberger, Asst. City Attorney -/ 5l Contract Authorization Date Lc n CONTRACTOR'S ACT OF ASSURANCE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, MELANY A WATSON , a Notary Public duly commissioned and qualified in and for the County of . _TARRANT in the State of Texas came and appeared PATE BROTHERS CONSTRUCTION INC, as represented by DOUGLAS BISBALLE , the corporation's VICE PRESIDENT , who declares he/she is authorized to represent PATE BROTHERS CONSTRUCTION, INC. pursuant to provisions of a resolution adopted by said corporation on the 12 day of FEB , 19 99 (a duly certified copy of such resolution is attached to and is hereby made a part of this document). DOUGLAS BISBALLE , as the representative of PATE BROTHERS CONSTRUCTION, INC. declares that PATE BROTHERS assures the Texas Water Development Board that MAINS 42&54 DRAINAGE AREA SAN SEWER REHAB. it will construct CONTRACT 9 project at FORT WORTH , Texas, in accordance with sound construction practice, all laws of the State of Texas, and the rules of the Texas Water Development Board. GIVEN UNDER MY HAND and seal of office this 7 day of 1999 AD cj JULY MELANY A WAT rft1� MELANY A, WATSON '*°r*= MY COMMISSION EXPIRES My Commission expires A3-1 PTJ CONTRACTOR'S ACT OF ASSURANCE RESOLUTION PATE BROTHERS CONSTRUCTION, INC. Name I hereby certify that it was RESOLVED by a quorum of the directors of the PATE BROTHERS C ONSTRUC'TTON, TNC Name of Corporation cli cli cli cli cli n meeting on the day of 12 FEB. , 1999, that DOUGLAS BISBALLE be, and hereby is authorized to act on behalf of PATE BROS. CONSTRUCTION, INc. Name of Corporation as its representative, in all business transactions conducted in the State of Texas, and; That all above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full forces and effect; and; In authentication of the adoption of this resolution, I subscribe my name and affix the seal of the corporation this 7 day of JULY , 199,92_. Sec tart' (seal) A4-1 0 U r '0 at a T. Leo D ,D 0 a0 APPENDIX B UEASEMENTS PERMITS RIGHT -OF? ENTRY AGREEMENTS 0 ✓ X B 0 y. W U a �\ f 0 0 Sanitary Sewer Main 42 and 54 Drainage Area Rehabilitation and Sewer System Improvements, Part 3 0 Water Department Project No. PS46-070460410180 DOE # 0978 1316 North Jones Street 9 Lot 7, Block 54, North Fort Worth Addition II', Edward Pacheco, Owner, herewith grants permission to the City of Fort Worth and its 0 independent contractor, to enter upon the owner's property located at Lot 7, Block 54 of the North Fort' Worth Addition, also described as 1316 North Jones Street, Fort Worth Texas 76106, for the purpose of rehabilitation/reconstruction of an existing sanitary sewer main. TEMPORARY RIGHT -OF -ENTRY AGREEMENT Any entry and use of the property by the City of Fort Worth or its independent contractor, flunder the Right -of -Entry agreement shall be permissive and shall not constitute a trespass to the property by the City or its independent contractor. Both the City and its independent contractor, are released from any adverse consequences related to the entry [1 or use of the properties by either party. 0 The City of Fort Worth further agrees to restore the property to the same condition that existed prior to entry. If restoration is required, the work shall be performed in a timely manner, weather permitting. '.This agreement is executed this j y i Tiday of fro /7 19 , by, Edward Pacheco, owner. 0 OWNER: 0 0 0 0 a 0 0 a 0 ci 0 0 0 0 a 0 0 0 0 0 0 0 a a LEGAL DESCRIPTION: Block A Coors Addition PROJECT NUMBER: Main B Relief PROJECT MANE: Sanitary Sewer Drainage Area 54 Rehabilitation and Sewer System Improvements, Part III PERMANENT EASEMENT THAT We, Fort Worth Independent School District, hereinafter referred to as "Grantor", of Tarrant County, Texas, for and in consideration of One Dollar ($1.00) and other valuable consideration paid by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do grant, bargain and convey unto said City, its successors and assigns, the use and passage in and along the following parcel or tract of land situated in Tarrant County, Texas, in accordance with the plat hereto attached, to -wit: BEING a strip of land 15' in width situated in the Coors Addition, an Addition to the city of Fort Worth, Tarrant County, Texas, and being a portion of Block A, Coors Addition as recorded in Volume 388/56, Page 20, county records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said Block A, Coors Addition; THENCE N 80°28'10"E, 101.14 feet along the north line of said Block A; THENCE S 09°31'50"E, 15.00 feet; THENCE S 80°28'10"W, 73.65 feet; THENCE S 08031'59"E, 383.48 feet; THENCE S 18°13'45"E, 153.85 feet to the north right-of-way line of Northside Drive; THENCE S 46°14'25"W, 16.62 feet with said north right-of-way line; THENCE N 18°13'45"W, 162.29 feet; THENCE N 08°31'59"W, 384.49 feet; THENCE S 80°28'10"W, 12.46 feet to the west line of said Block A; THENCE N 09°38'32"W, 15.00 feet with said west line to the POINT OF BEGINNING and containing 9,647 square feet or 0.221 acres of land more or less. TO HAVE AND TO HOLD the above described premises, together with, all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Fort Worth, its successors and assigns, forever. And I do hereby bind myself, my heirs, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City of Fort Worth, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is' intended by these presents to convey a right-of-way to the 0 C&B Job No. 941474-02F File Name 941474e2.lgl August 29, 1996 Page 1 of 2 a 0 ED 0 0 0 0 0 a 0 0 0 0 0 0 0 I 0 said City of Fort Worth to maintain and construct the above improvements, with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said premises. WITNESS HAND THIS, THE DAY OF A/a i bed? , A.D. Owner (s) Owner (s) aC&B Job No. 941474-02F August 29, 1996 File Name 941474e2.lgl Page 2 of 2 ci 0 0 0 0 0 0 I a 0 0 I 0 0 0 0 I 0 PETROCHEMILOT IBLOCK� CALSADDITION VOL. 388/92. PG. 51 a 0 0 0 0 0 0 0 0 0 0 0 D 0 D 0 0 D D t.2.':ju u9:33 ' 3 CARTER & bURGESS tt77w hut:_ uu: rY� \\���� ��Strect elote2 by C-fty Ord. "*948' 1o'UtiLEe+nt.. Se �' d of 1 U t U' y cr*Kri- I ; (Ca" SR G -MU T``= SFr ,, BOCl;310<k2 1 e,n SI. �Q� �1 C L IT; 0 31 Addi},on \� t •' �,� 951!2' � •�,- :66�'D4'e•u�:— ,n i• 1L _ e y /3E,• /ham Q ti •� LJR 5T o' 7 REEF I I I `• 1'^ V CZ Plat shou2Jyg BLOCK "Al• OCOBS ADDITION E OF DOing a z'evjo1'on of tiP�''' • A Port;0n y' 9 0 of BLOCKS 201 nd 2O2, •:' r 9utl�_, 100 a............. •.. -__�_ No.rth Forf Warth Townsiic I.Co. Add. 9TlEl 900 : :4 O • _ . 901E O•A.C /Tr. ?tQ raG•tA�l2SSc1n 5tlre A t 104 GBC �� s,tlO�'lO — Nnl'••-..... w*�•ec•-r�er,.y%�T�•"r•-� •�_'�7Tq •ry • .aa:. - rA...ra.w/. �Y .r�•S�r ..y.t... r......••.�...—�.�•_+..t._` s:jJ•1a`1.a.'iti.:SJ.Nm:r4,L•.... L:J.:, , .�?r •: - P -I CITY T+ I OF FORT WORTH.. Ilil TEXAS CITY PLAN COMMISSION nn NOTE: I c= =1 THi3 PEAT IS V Sri " n''1 ALIJ ONLY IF RECORDED WIT?41N 1 rn O {C ux l(N MONTMS AFTER DATE OF APpROVA "(n r-ir �O S•-. i-no i n r F'tA7 Apr NOTE: ' rn DATE Jf -231-'j1 "HO PUDDING Pi.;�(TS Na I �� o r aAr LO; ,y I:;rS a S LL 8E ISSUC�7TORZ rr BY.,� EAT UNTIL PROVIS1011 m MADE FOR TH;' CONSTRUCTI.^N pr TN( t;A lV. e•un..y SEWER, STORM rr _ q PAVIN DRAIN, STREET LIGHTS AND / NG FRC(CMEh7S AHD APPROVAL IS py. INt til.: 1!F 7Ri Yl0ru • 'it1lV lTINO •ENOINE�91NO •MA/PING •/EANNINO ► O 9wa 1770 WAIT I ra•,. wwl J9)• All corners marked Ir/ OfO,p rods. h 71.101,TH MAIN /O1T 'sOlrM — TEXAI j1 -- ow 0 I 9 LEGAL DESCRIPTION: Lot 7-R, Block54 H.J. Wilson Addition PROJECT NUMBER: Main B Relief fl PROJECT NAME: Sanitary Sewer Drainage Area 54 Rehabilitation and Sewer System Improvements, Part III PERMANENT EASEMENT THAT I, Kaplan Marital Trust, hereinafter referred to as "Grantor", of Tarrant County, Texas, for and in consideration of One Dollar ($1.00) and other valuable consideration paid by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do grant, bargain and convey unto said City, its successors and assigns, the use and passage in and D along the following parcel or tract of land situated in Tarrant County, Texas, in accordance with the plat hereto attached, to -wit: a 0 0 I 0 I 0 BEING a strip of land 10' in width situated in the H.J. Wilson Addition, an Addition to the city of Fort Worth, Tarrant County, Texas, and being a portion of Lot 7-R, Block 54, H.J. Wilson Addition as recorded in Volume 388/62, Page 2, county records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a "Y" cut found at the southeast corner of said Lot 7-R; THENCE N 09°38'31"W, 55.46 feet along the east line of said Lot 7-R to the POINT OF BEGINNING; THENCE N 53°44'16"W, 14.37 feet; THENCE N 09°38'31"W, 233.86 feet; THENCE N 54°10'34"W, 55.44 feet; THENCE S 36°26'29"W, 150.08 feet to the east right-of-way line of Grove Street; THENCE N 43°22'49"W, 10.16 feet with said east right-of-way line; THENCE N 36°26'29"E, 158.18 feet; THENCE S 54°10'34"E, 62.34 feet; THENCE N 78°34'27"E, 4.97 feet to the east line of said Lot 7-R; THENCE S 09°38'31"E, 253.48 feet with said east line to the POINT OF BEGINNING and containing 4,589 square feet or 0.105 acres of land more or less. TO HAVE AND TO HOLD the above described premises, together with, all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Fort Worth, its successors and assigns, forever. And I do hereby bind myself, my heirs, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City of Fort Worth, its successors and assigns, against every person whomsoever lawfully claiming br to claim the same or any part thereof. I C&B Job No. 941474-02F August 22, 1996 File Name 941474EA.LGL Page 1 of 2 It is intended by these presents to convey a right-of-way to the said City of Fort Worth to maintain and construct the above improvements, with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said premises. WI(SS HAND THIS, THE DAY OF A.D. 19 Owner(s) Owner(s) C&B Job No. 941474-02F File Name 941474EA.LGL August 22, 1996 Page 2 of 2 0 0 0 d 0 0 Q ci 0 D I it 0 I i I ti I, � N h `:s SCALE 1"=50' s / ♦Yo 2 co / / N 78°34'27"E i i 4.97' YY ' ,./ S OO / b Z I 1 V, /ham 0 /' / / / °% al m / ti i // 1 m v� LOT 7—R C %99 BLOCK 54 'ppG4. H.J. WILSON SUBDIVISION s%' wti ' w1 � F ml � •1 I' 1 POINT OF N 53°44' 16"W BEGINNING 14.37' ` N 09° 38' 31"W 0 55. 46' POINT OF` L I. LOT 20-R COMMENCING U a / \ 1 C"' Carter =Burgess EXEIIBIT - SHOWING DATE 42'96 SHT. NO. -'- - 10' SANITARY SEWER DRAWN SMB GWO & BURGESS, INC EASEMENT DESIGNED r«T WO0U0 ? w?- Inn rss -,mo JOB NO. CHECKED JFK U..... U.., LEGAL DESCRIPTION: Lot 7-R, Block 54 H.J. Wilson Addition PROJECT NO.: ' Main B Relief PROJECT NAME: Sanitary Sewer Drainage Area 54 Rehabilitation and Sewer System Improvements, Part III DTEMPORARY CONSTRUCTION EASEMENT THAT I, Kaplan Marital Trust, hereinafter referred to as "Grantor", of Tarrant County, Texas, for D and in consideration of One Dollar ($1.00) and other valuable consideration paid by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt which is hereby of acknowledged, do grant, bargain and convey unto said City, its successors and assigns, the use and passage in and along the following parcel or tract of land situated in County, Texas, in Tarrant accordance with the plat hereto attached, to -wit: BEING a strip of land 10' in width situated in the H.J. Wilson Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 7-R, Block Addition 54, H.J. Wilson as recorded in Volume 388/62, Page 2, Tarrant County, D county records, Texas, and being more particularly described by metes and bounds as follows: D COMMENCING at a "Y" cut found at the southeast corner of said Lot 7-R; THENCE N 09°38'31"W, 33.45 feet with said east line to the POINT OF BEGINNING; D THENCE S 81°01'31"W, 20.00 feet; THENCE N 09°38'33"W, 259.63 feet; ftD THENCE S 78°34'29"W, 5.00 feet; THENCE N 09°38'31"W, 7.47 feet; THENCE N 54°10'34"W, 34.32 feet; 0 0 0 II 0 THENCE S 36°26'29"W, 141.98 feet to the east right-of-way line of Grove Street; THENCE N 43°22'49"W, 10.16 feet with said east right-of=way line; THENCE N 36°26'29"E, 150.08 feet; THENCE S 54010'34"E, 55.44 feet; THENCE S 09°38'31"E, 233.86 feet; THENCE S 53°44'16"E, 14.37 feet to the east line of said Lot 7-R; THENCE S 09°38'32"E, 22.01 feet with said east line to the POINT OF BEGINNING and containing 4,880 square feet or 0.112 acres of land more or less. TO HAVE AND TO HOLD the above described premises, together with , C&B Job No. 941474-02F .File Name 941474TE.LGL August 22, 1996 Page 1 of 2 0 0 0 D 4 ci 0 a 0 0 D Iii a 0 0 0 0 all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Fort Worth, its successors and assigns, forever. And I do hereby bind myself, my heirs, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City of Fort Worth, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is intended by these presents to convey a right-of-way to the said City of Fort Worth to maintain and construct the above improvements, with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said premises. WITNESS HAND THIS, THE 1 DAY OF ;2br, A.D. 1 Owner(s) Owner(s) C&B Job No. 941474-02F File Name 941474TE.LGL August 22, 1996 Page 2 of 2 0 4, cj h N 54°10'34"W 34.32' � SCALE 1"=50' (o / ..y //00/ ,/, �9, ,� N 09°38'31"W i /0 � 7.47' // �/gi`• ' ii / 1 / h/ / 1 1 h / 'l�/ / zt Ivy 1 /ry�o S 78°34'29"W 10a / ? / /ye 5.00' �$ / / // / wi Im /h oil / / 9.,•° ' / �I r LOT 7-R ; 1 'o. / BLOCK 54 'Ap 's'9. H.J. WILSON 1 ; LF SUBDIVISION NI jN (PIw • 'ol Iw 1 t 1 1 1 I1 I 1 1 1 1 1 1 1 1 N 53°44'16"W t 14.37' 1 1 1 ` S 09°38' 31"E 22.01' POINT OF S 820°0031.W BEGINNING POINT OF N 0933.45 1"W I LOT 20-R COMMENCING b o, m n J'\JOB\94147402\SUR\474VD2TE.DON Carder =Burgess i EXHIBTTSHOWING DATE 4W6 SHT. NO. DRAWN SMB :�.r.,;.:: z".. 10' TEMPORARY 3000 p1R1ER & BURGESS,!NC. 0V41M CONSTRUCTION EASEMENT DESIGNED K T vent 7tc CHECKED JFK JOB NO. 0 0 El 'u 0 0 0 0 0 a B ti 0 a 0 0 0 it LEGAL DESCRIPTION; Block A Coors Addition PROJECT NUMBER: Main B Relief PROJECT NAME: Sanitary Sewer Drainage Area 54 Rehabilitation and Sewer System Improvements, Part III PERMANENT EASEMENT THAT We, Fort Worth referred to as dependent School District, hereinafter consideration "Grantor", of Tarrant County, Texas, consideration of One Dollar ($1.00) and for and in corporation of Tarrant pait the County, City of Fort Worth, they valuable na acknowledged, do grant, Texas, a municipal bargain receipt of which is hereby and assigns, the use and convey unto said City, successorsand Y, its e following parcel or tract of land situated Passage in Tarrantand l County, Texas, in accordance with the plat hereto attached, to -wit: BEING a strip of land 15' in width situated in the Coors Addition, an Addition to the city of Fort Worth, Tarrant County, Texas, and being a portion of Block A being Page 20 A, Coors Addition as recorded in Volume 388/5g , county records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said Block A, Coors Addition; THENCE N 80°28'10"E, 101.14 feet along the north line of said Block A; THENCE S 09°31'50"E, 15.00 feet; THENCE S 80°28'10"W, 73.65 feet; THENCE S 08°31'59"E, 383.48 feet; THENCE S 18°13'45"E, 153.85 feet to the north right-of-wa Northside Drive; y line of THENCE S 46°14'25"W, 16.62 feet with said north right-of-way line; THENCE N 18°13'45"W, 162,29 feet; THENCE N 08°31'59"W, 384.49 feet; THENCE S 80°28'10"W, 12.46 feet to the west line of said Block A; THENCE N 09038'32"W, 15.00 feet with said west line to the POINT OF BEGINNING and containing 9,647 square feet or 0.221 acres of land more or less. TO HAVE AND TO HOLD the above described all and singular, the rights and appurtenances all and singular, the rights and appurtenances belontogether with, unto the said City ppurtWorth, thereto in anywise assigns, forever. And I of Fort Worth, its successors and successors and assi ns d° hereby bind myself sin usso g to warrant and forever defend y heirs, g , the said premises unto the said City all and rth, its successors and assigns, against every y person whomsoever olawfully claiming or to claim the same or any part thereof. it is!1intended by these presents to convey a ri ht - g of -way to the C&B Job No. 941474-02F File Name 941474e2.lgl August 29, 1996 Page 1 of 2 said City of Fort Worth to maintain and construct the above improvements, with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said premises. WITNESS HAND THIS, THE DAY OF NOde.�tbt A.D. Owners) Owner(s) C&B Job No. 941474-02F File Name 941474e2.lgl August 29, 1996 Page 2 of 2 U • LOT I BLOCK PETROCHEMICALS ADDITION POINT OF VOL. 388/92, PG. 51 BEGINNING UN S 09031'50"E 15. 00' 09°38'32'w 15. 00' 101.14' 028, 10"E NB 5 8073.65'"W S 80028.10W 12.46' DL I BLOCK A ADI I VOL.O CII 38ORS8/ 6. PG.N 20 r 1 r z% I`" 0 I'ww of 0 co Iww VS � n loco O �1 Im BLOCK A 1 I COORS ADDITION I I VOL. 388/56, PG. 20 z it 11 a 1 I 1 N TH FO T WORT TOWN ITE CO ADDI ION n11 I S 616. 162 W ' II 9a / Be o S N U•' 0 U. / SCALE 1"=100' / 0 0 .i. / . Cf•• Carter n Burgess EXHIBIT SHOWING DATE a 82396 SHT. NO. ���°RRGE ,INC. 15' SANITARY SEWER CARTER d BURGESS, DRAWN INC SMB '° >ss' EASEMENT DESIGNED JOB NO. 941474-02F n CHECKED JFK U. LEGAL DESCRIPTION: Lot 7-R, Block 54 H.J. Wilson Addition PROJECT NUMBER: Main B Relief fl PROJECT NAME: Sanitary Sewer Drainage Area 54 Rehabilitation and Sewer System Improvements, Part III aPERMANENT EASEMENT THAT I, Kaplan Marital Trust, hereinafter referred to as "Grantor", fl of Tarrant County, Texas, for and in consideration of One Dollar ($1.00) and other valuable consideration paid by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do grant, bargain and convey unto said City, its successors U and assigns, the use and passage in and along the following parcel or tract of land situated in Tarrant County, Texas, in accordance with the plat hereto attached, to -wit: BEING a strip of land 10' in width situated in the H.J. Wilson Addition, an Addition to the city of Fort Worth, Tarrant County, Texas, and being a portion of Lot 7-R, Block 54, H.J. Wilson Addition as recorded in Volume 388/62, Page 2, county records, U Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a "Y" cut found at the southeast corner of said Lot 7-R; THENCE N 09°38'31"W, 55.46 feet along the east line of said Lot 7-R to the POINT OF BEGINNING; THENCE N 53°44'16"W, 14.37 feet; THENCE N 09°38'31"W, 233.86 feet; 0 THENCE N 54°10'34"W, 55.44 feet; THENCE S 36°26'29"W, 150.08 feet to the east right-of-way line of DGrove Street; THENCE N 43°22'49"W, 10.16 feet with said east right-of-way line; fl THENCE N 36°26'29"E, •158.18 feet; THENCE S 54°10'34"E, 62.34 feet; flTHENCE N 78°34'27"E, 4.97 feet to the east line of said Lot 7-R; THENCE S 09°38'31"E, 253.48 feet with said east line to the POINT OF BEGINNING and containing 4,589 square feet or 0.105 acres of land more or less. TO HAVE AND TO HOLD the above described premises, together with, all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Fort Worth, its successors and assigns, forever. And I do hereby bind myself, my heirs, successors and assigns, to warrant and forever defend, all and singular, the said U premises unto the said City of Fort Worth, its successors and assigns, against every person whomsoever lawfully claiming Or to claim the same or any part thereof. C&B Job No. 941474-02F August 22, 1996 File Name 941474EA.LGL Page 1 of 2 It is intended by these presents to convey a right-of-way to the said City of Fort Worth to maintain and construct the above improvements, with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said premises. W NESS HAND j THIS, THE c�44 DAY OF A.D. 19' 1•i . Owner (s) Owner(s) C&B Job No. 941474-02F File Name 941474EA.LGL August 22, 1996 Page 2 of 2 Forth C.S. 3400 Approved u to form by General Counxl March 23, 1993 Revised: December 4, 1992 •053/rCC-632.95 Rev. Oct. 1, 1996 a Page 1 of5 a RELMIS: TCC-632.95 0 UNDERGROUND PIPELINE 0 (SEWER - WATER - STORM DRAIN - ETC.) LEASE No. 7/8oa.( LEASEE No. fl83 THIS AGREEMENT, made this 27th day of June, 1996, by and between ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a corporation, (Licensor), and CITY OF FORT WORTH, a municipal corporation of the State of Texas, address: 1000 Throckmorton Street, Fort Worth, Texas 76102, (Licensee); WITNESSETH: 1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct, flmaintain and operate, subject to the terms of this Agreement, an underground 18 -inch municipal wastewater pipeline within a 30 -inch steel casing (herein called "structure"), at or near Fort Worth, County of Tarrant, State of Texas, in the location shown on the attached print of Drawing F-405, sheets I through 5, dated June 18, 1996. This grant is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and beneath its premises. 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of Dmarkers does not constitute a warranty by Licensor that there are no subsurface installations. 3. Costs: Upon execution hereof, Licensee shall pay Licensor Four Hundred Seventy Five 0 Dollars ($475) partially to defray cost of handling. In addition, as monetary consideration for the rights herein granted, Licensee shall pay to 9 Licensor the sum of Twenty Five Hundred Dollars ($2,500). 0 Form C.S. 3400 Revised: December 4, 1992 Approved as to form by General Counsel Much 23, 1993 0053rrCC-63? 95 Rev. Oct. 1, 1996 a D 0 0 0 J 0 GI 0 El 5. The rights herein granted are subject to the rights of Licensor (or anyone acting with the fl permission of Licensor) to construct, reconstruct, maintain and operate fiber optic and other telecommunications systems (systems) in, upon, along, across and beneath the premises and rights -of -ways of Licensor including the premises through which said structure shall be constructed. 0 Licensee agrees to reimburse Licensor and/or the owner of the system(s) for all expenses which either may incur which expenses would not have been incurred except by reason of the use of Q the premises by Licensee, its agents, employees or invitees including relocation costs or any damages incurred by such owner due to injury to the system(s). Page 2 of 5 Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's premises. Licensee shall reimburse Licensor for all cost and expense to Licensor in furnishing any materials or performing any labor in connection with such work, including, but not limited to, installation of falsework and- other protection beneath or along Licensor's tracks, and furnishing such watchmen, flagmen and inspectors as Licensor deems necessary. 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in accordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that such plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon or in connection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by Licensor in its use of Licensor's premises, Licensee shall reconstruct, relocate or alter said structure. Except in emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work on said structure. Licensee shall cooperate with Licensor in making any tests Licensor requires of any installation or condition which in its judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any corrections thereafter, shall be borne by Licensee. No change shall be made by Licensee in the commodity being conveyed through said structure without Licensor's prior written approval. Licensee, at least five (5) days prior to performing any digging activities on the premises of Licensor, must call 1 -800 -AT -FIBER (available 24 hours) to receive a Qwest Communications Corporation control number. Licensee will be advised if a telecommunications system is buried anywhere on or about the premises of Licensor in the location where Licensee will perform such digging activities. If there is a telecommunications system, Licensee will be advised as to the owner of the telecommunications system and provided instructions on arranging for a cable locator and will Qbe advised whether relocation or other protection for the telecommunications system is required prior to beginning any work on the premises of Licensor. a 0 p Forth C.S. 3400 Revised: December 4, 1992 Approved as to forth by General Counsel March 23, 1993 •053frCC-632.95 Rev. Oct. 1, 1996 U Page 3 of 5 U 6. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH LICENSEE AND LICENSOR, THAT THE INDEMNITY PROVIDED FOR IN THIS AGREEMENT IS AS U FOLLOWS: TO THE EXTENT ALLOWED BY LAW, LICENSEE AGREES TO RELEASE, DEFEND fl AND INDEMNIFY LICENSOR FROM AND AGAINST ANY AND ALL LIABILITY, COST AND EXPENSE FOR INJURY TO OR DEATH OF PERSONS AND DAMAGE TO OR DESTRUCTION OF PROPERTY (INCLUDING, BUT NOT LIMITED TO, THE PROPERTY Ufl AND EMPLOYEES OF EACH OF THE PARTIES HERETO), WHEN ARISING OR RESULTING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF WORK UNDER THIS AGREEMENT, EXCEPT WHEN DUE TO THE SOLE NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR CRIMINAL ACTIONS OF LICENSOR. THIS COVENANT OF INDEMNITY SHALL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE FULL PAYMENT OF ALL SUMS DUE UNDER THIS I] AGREEMENT. THE TERM "LICENSOR" AS USED IN THIS SECTION SHALL BE CONSTRUED TO INCLUDE, IN ADDITION TO LICENSOR, THE SUCCESSORS, ASSIGNS AND AFFILIATED COMPANIES OF RAILROAD AND ANY OTHER RAILROAD COMPANY THAT MAY BE LAWFULLY OPERATING UPON AND OVER THE TRACKS CROSSING OR ADJACENT TO SAID STRUCTURE, AND THE OFFICERS AND EMPLOYEES THEREOF. 97. Condemnation: If all or any portion of Licensor's premises shall be condemned or taken for public use, Licensee may seek on its own behalf from the condemning party compensation for the taking, damaging and relocation of said structure, and to the extent allowed by law. 9 0 0 0 0 a I 8. Termination: Prior to the termination of this Agreement, Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed, and track or tracks of Licensor and shall restore, to the satisfaction of Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If Licensee fails to do the foregoing within one (1) year from the date of the notice of termination from Licensor, Licensor may do such work of removal and restoration at the cost and expense of Licensee. If this removal by Licensor occurs, Licensor shall in no manner be liable to Licensee for any damage sustained by Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action that Licensor may have against Licensee. If Licensee makes default in respect to any covenant or condition on Licensee's part hereunder and fails to correct such default within thirty (30) days' after receipt of notice from Licensor so to do, Licensor may terminate this Agreement by notice to Licensee. Provided however, if the default is not reasonably susceptible to care by Licensee within this thirty (30) day period, (unless rail service may be affected) Licensor will not exercise the option to terminate this agreement so long as Licensee has commenced to cure the default with the thirty (30) day period and diligently complete the work within a reasonable time. 0 k ' Form C.S. 3400 j Revised: December 4, 1992 Approved as to form by General Coumd March 23, 1993 •053rrCC-632.93 Rev. Oct. 1, 1996 Pt Page 4 of 5 [1 9. Environmental Protection: Licensee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder as a result of Licensee's use, presence, operations or exercise of the rights granted hereunder, Licensee shall immediately notify Licensor and shall, at Licensee's expense, be obligated to clean all property affected thereby, whether owned or controlled by Licensor or any third persons to the satisfaction of Licensor (insofar as the property owned or controlled by Licensor is concerned) and any governmental body having jurisdiction in the matter. Licensor may, at its option, clean Licensor's premises; if Licensor elects to do so, Licensee shall pay Licensor the cost of such cleanup promptly upon the receipt of a bill therefor. To the extent allowed by law, Licensee agrees to investigate, release, indemnify and defend Licensor from and against all liability, cost and expense (including, without limitation, any fines, ri penalties, judgments, litigation costs and attorney fees) incurred by Licensor as a result of Licensee's LIbreach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during the time this Agreement is in effect D or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the sole negligence, gross negligence, willful misconduct or criminal actions of Licensor, its officers, agents or employees. Q10. Contractors: No work on Licensor's premises shall be commenced by any contractor for Licensee until such contractor has entered into Licensor's standard Contractor's Right of Entry 0 agreement covering such work. 11. Non -assignability: This Agreement is not assignable, in whole or in part, by Licensee 0 without Licensor's prior written consent. 12. Liens: Licensee shall pay in full all persons who perform labor on said premises for !0 flLicensee, and will not suffer any mechanics' or materialmen's liens to be enforced against Licensor's premises for work done or materials furnished at Licensee's instance_ or request. If any such liens are filed thereon, Licensee agrees to remove the same at Licensee's own cost and expense and to pay any 0 judgment which may be entered thereon or thereunder. Should the Licensee fail, neglect or refuse so to do, Licensor shall have the right to pay any amount required to release any such lien or liens, or to defend any action brought thereon, and to pay any judgment entered therein, and the Licensee [J shall be liable to the Licensor for all costs, damages, and reasonable attorney fees, and any amounts expended in defending any proceedings or in the payment of any said liens or any judgment obtained therefor. 13Said st ructure structu a shall be installed in accordance with minimum requirements of Form CS 1741, also attached and made a part hereof. 0 a Form C.S. 3400 Revised: December 4, 1992 Approved as to 1•am by Cn. i al Coumel March 23, 1993 •453rrCC-632.95 Rev. Oct. 1. 1996 a a LI 0 a 0 0 0 D 0 a 0 0 I 0 Page 5 of 5 14. Licensee does not hereby warrant nor represent that any special taxes or assessments will be levied to pay claims or judgements which may arise under the covenants of indemnity found in Paragraph 6 of this Agreement as a direct result of the maintenance, operation, use or removal of the pipeline herein described. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. APPROVED TO FO I J LJGALITYa .Assistant it;r .Attoxney LICENSOR By 2'AL_ (' ) Manager -Contracts LICE T EE /') ByJ/Lt4l4 (Title) 0 J ©= LJ = E3 = C J CJ E3 c== C=] c c c c = I • INFORMATION BY APPLICANT APPLICANT TO FILL IN ALL INFORMATION LINES OR N/A If IT DOES NOT APPLY. B!• NEW INSTALLATION O RECONSTRUCTION PIPE UHF. CARRYING O FLAMMABLE OR HAZARDOUS SUBSTANCES • n I SEE RAILROAD STANDARD C.S. 1712 1 NON-FLAIALABLE SUBSTANCES TN ( SEC RAILROAD STANDARD C.S. 1741 1 b O CULVERT APVUCANT DODO IOWES SSS AS! I T Nos !P Wn I LI vI t APPCANT�nC ill 1_,Fort th..Ty��,xa. .»___»_._. VL ADDRESS �,.,W, �.Q�/Ti11b..w�..1.7»Q..Q....Y............».-_._. CITY JCS--J{{�__��-7� ��HkI...-. STATE T.La..._... p�Z�I►�ppT�w�.-��- r COUNTY_ I t.i ._•..._. tL_. }� /HONE .SLJ1 ..aJL •JR.4�_Q..» CONTACT ►F7RSONJ.�Ni.`ALL-T�►"'i� PHONE .$I�.-..�L..:..1g4'»L_ Qr- -- PURPOSE±____.____ IV IF PIPE OR CASINO DIAMETER IS GREATER THAN 3'-C- APPLICANT SHALL SUBMIT ENGINEERING PLANS. CALCULATIONS. SPECIFICATIONS. *1(0 SOILS REPORT. DISTANCE TO PERMANENT RAILWAY ST UC E ,�• ANGLE OF GROSSING WITH TRACKS �14..»». SOIL CLASSIFICATION. 4.. PIPE SLOPE*OR GRADIENT .....o. + CARRI R CAIf�go CONTENTS TO BE HANDLED . . . . . . ...J •f l Wew. & 4 -AL DIAl.ET ^^ ►1 ENMATERIAL . • . . . . . - • . • •• P 'V SPECIFICATION AND GRADE • . . . . . . . . . . . -^•v WALL THICKNESS . . . . . . .. OPERATING PRESSURF/MAXWUM PRESSURE • • -I M — MINIMUM YIELD STRENGTH TYPE OF JOINT . WTER • .. /QRL�.'.17��S � O COATING TERIAL ►ETN"�C••• C . OD OF INSTALLATION •. . . . . . . . . . . r0 LENGTH OF CASING IACTUAU . } DISTANCE OF CASING PERPENDICULAR FROM CENTERLINE OF TRACK L �-T•- R. VENTS' NUMBER..Q» SIZE. DISTANCE OUT FROM CENTERLINE I. .LLiC .... R DISTANCE TO SHUT-OFF VALVES OH EACH SIDE or R/WI. . . L NA R ...RYA_. C` BURY' BASE OF RAIL TO TOP OF CASING . L.+_ BURY. ROADWAY DITCHES . . . . •. . . . . . AI TYPE. SIZE AND SPACING OF INSULATORS OR SUPPORTS i1Y1ip SEALS AT ENDS OF CASING' BOTH ENDS ONE ENO _--.-TTFE�S��iASL .- �.�•• CATHODIC PROTECTION t.L CASING FIVER _..a�'?!1 -. . LONGITUDINAL PIPELINES DISTANCE FROM TRACK CENTERLINE • • L -}H* -n••- ,may OATH or BURY TO TO/ Of PIPE • .Lt.`+a... MR ARX •� co HEIGHT FROM BASE OF MIL TO TOP OF PIPE • .MIN_________________ .I; FLAMMABLE SUBSTANCE ►IPWL E' CLASS LOCATION :. a DESIGN FACTOR »_.-•A.Q. APPROXIMATE DATE WORK WILL BE DONE MINIMUM OF 5 DAYS NOTICE REQUIRED PRIOR TO ENTRY FOR CONSTRUCTION UNDERGROUND FIBRE OPTIC CABLE MAY BE LOCATED ON RIGHT-OF-WAY. CONTACT SP. TELECOM AT 11001 203-4237 TO VERIFY LOCATION AND PRIOR TO DIGGING. me : la,n.,..n n,Nt. N.F.•.II.t TO \ q To grip CAF 5C' INFORMATION BY RAILROAD r ijrCT MNUO1 REh FOR WOq_CRSU FIOIIc RsYerl®RIR STATIMI F1. WOR7N TM M L�IU Imo.. L t .f TnAac Z4 I 51W rosPROJECT YMICN RCW5 I• /IFO.I14 MAIWW ►Vi1JY[ i 1 I13NfN PLAN OF PIPELINE NO sGML •Ir OIW.STATIOR OR SIRE POST 5111155W. OIYG THE NST OC AL5PS TRAOI FROM RAILROAD STRUCTOIE OR CEKIERUNC or ,,IOUs STnCT 01533151. MATERIALS AND INSTALLATION PER B.P. DRAWING NO. C.E. GS. UNDERGROUND SIGNAL OR COMMUNICATION LINE INVOLVE. YES _..-NO_. FIBOI0PTIC LIE INVOLTED. YES .....HO....... SHORING PLAN AND CALCULATIONS REO'D PRIOR TO CONSTRUCTION. YESNNO- REFERENCE TO ASSIGNED BLANKET AGREEMENT NO. •• c PIPELINE CARRYING NON-FLAMMABLE SUBSTANCES SEE C.S. 1741 IS SOME RAILROAD CORP. STATION 50 X BRAN LINE FY ' •i'--- BRANCH CAREIE OTHER -- -••-- NO. OF TRACKS GROSSED - JOINT FACILITY LINE TES.. -KO �• COLIC OR NK_»PEEII .fRAW)C-IO,�E,,. COUNTY _Z(l�R ME" zX' _. E L-ALrAAl-A •NAIUIOAO INSPECTI A(. REQUIRED ✓ ESTIMATED COST PHONE CAJJ. FOR '_1312-7415 „EB10 -6A3T DRAWING NO. BNEET NO DATE BY CHECKED BY - TKG'Nun A -A - PIPELINE CARRYING FLAMMABLE SUBSTANCES SEE C.S. I74Z No SAME SOUTHERN PACIFIC TRANSPORTATION CO. ST. LOUIS SOUTFIWESTERN RY_ CO_ SOUTHERN PACIFIC CHICAGO ST. LOUIS CORP. DATA REQUIRED FOR PROPOSED PIPELINE ACROSS OR ALONS RIONT Of WAY POKY C.E. 41701. SNQT I RpISE5 JMt L II 5 = I. �] I= = E3 Iz c © = © c = C 7. DEPTH OF INSTALLA11ON Refer to Figure I for minimum cover depths for pipeline crossings. Pipelines laid longitudinally on railway rights —of —way. 45 feel or less from centerline of track. shall be buried not less than 4 feet from ground surface to top of pipe. Where pipeline is laid more than 45 feel from centerline of track, minimum cover shall be of least 3 feel. a. SHUT—OFF VALVES - Accessible emergency shut-off valves shall be installed within effective distances each side of the railway as agreed to by the Chief Engieer and the pipeline company. Where pipelines are provided with automatic control stations at locations and within distances approved by the Chief Engineer, no additional valves shall be required. 9. APPROVAL OF PLANS Plans for proposed installation shall be submitted to Regional Engineer and must meet the approval of the Chief Engineer before construction begins. Plans shall be drawn to scale showing relation of proposed pipe line to railway tracks, angle of crossing, mile post location or railway survey station, rights -of -way and general layout of (racks and railway facilities. Plans shalt include all appurtenant features of the pipe line, such as valves, manholes, vents, casing. etc.. located on railway properly. Cross section or profile shall show pipe line and appurtenant features as to the tracks and surrounding ground. The execution of the work on railway rights -of -way shall be subject to the Inspection and direction of the Regional Engineer or his authorized representative. The pIons shall contain the data that is required on the application form (C.E. 41708, SH. I). The application form shalt be completely filled in. 10. EXECUTION OF WORK The Pipeline Agreement and Contractors Right of Entry Agreement shalt be fully executed before any work will be allowed on railway right-of-way. The execution of the work on railway rights -of -way. Including the supporting of trocks, shall be subject to the inspection and direction of the Regional Engineer. A minimum of 5 days notice to railway is required prior to entry on right-of-way for construction. tOF TRACK t,OF TRACK MAINLINE 12'-0' BRANCH LINE 9'-0' INDUSTRY 9'-0' BASE OF RAIL I _ 1 qU;DZ, v CASING PIPE f.5 ---------------- CARRIER PIPE--- -�-------------------------- Table 1 Table for Determining Minimum Size of Casing TYPE OF CARRIER PIPE AND STYLE OF JOINT NOMINAL SIZE CARRIER STEEL OR PLASTIC NOMINAL SIZE CARRIER AWWA DUCTILE IRON WELDED STEEL V.C. PIPE MINIMUM NOMINAL SIZE OF CASING TYTON I BELL -SPIGOT I IECIIANICAL EXTRA STRONG MINIMUM NOMINAL SIZE OF CASING 3/4' 2' 4' 10' t0' 12' 8' 10' 1' 2 1/2' 6' 14' 14' 16' t0' 14' 11/4' 3' 8' 16' 16' 18' 12' 16' 11/2' 3 1/2' t0' 10' 20' 20' 14' 18' 2' 4' 12' 22' 24' 22' 24' 22' 26' 16' 18' 20' 2 1/2' 4 1/2' 14' 3' 3 1/2' 6' 16' 26' 26' 28' 20' 24' 8' 18' 28' 28' 30' 24' 26' 4' 6' 20' 30' 30' 32' 26'-. 32' 6' tO' 24' 36' 36' 36' 30' 36' 30' 36' 36' 42' LENGTH OF CASING PIPE Casing Requirements Figure 1 Table 2 Steel Casing (Casing with Protective Cooling) NOMINAL DIAMETER (inches) MIN. WALL THICKNESS (inches) NOMINAL DIAMETER (inches) MIN. WALL THICKNESS (inches) 14' 8 UNDER 0.188' 44' 8 46' 0.594' 16' 0.219' 48' 0.625' I8 0.250' 50' 0.656' 20' 8 22' 0.281' 52' 0.688' 24' 0.312' 54' 0.719' 26' 0.344' 56' 8 58' 0.750' 28' 0.375' . 60' 0.781' 30' 0.406' 62' 0.813' 32' 0.438' 64' 0.844' 34' 8 36' 0.469' 66' 6 68' 0.875' 38' 0.500' 70' 0.906' 40' 0.531' 72' 0.938' 42' 0.563' C's. 1741 2 of 2 SOUTHERN PACIFIC LINES COMMON STANDARD PIPE LINES FOR NON-FLAMMABLE SUBSTANCES ACROSS OR ALONG RIGHT OF WAY NO SCALE ADOPTED APR. 20. 1953 REVISED JAN. 1. 1990 1 = Q 0 = © = ® = = c c1 cJ ® C: Q © c L SCOPE Pipelines included under these specifications ore those installed to carry steam, water or any non—flammable substance which from its nature or pressure, might cause damage if escaping on or in the vicinity of railway properly. 2. GENERAL REQUIREMENTS a. Pipelines under railway frocks shall be encased in a larger pipe or conduit coiled the casing pipe as indicated In Figure I. Design shall be based on superimposed load due to railway (Cooper E-80) loading with applicable impact In combination with internal pressure, external loads and installation loads. b. Coning pipe may be omitted under the following conditions providing that open trenching is approved by the Chief Engineer. (1) Under Industrial tracks, and under slow speed branch line tracks in paved city streets where line pressure is less than 10 0 psi. The pipe joints are to be of leakproof construction and the pipe material shall safely withstand the combination of internal pressure and external loads. Joints shall be mechanical or welded type. (2) For non —pressure sewer and storm drain crossings under light traffic branch lines where the pipe strength is capable of withstanding railway loading. c. Pipelines shall be located. where practicable, to cross trucks at approximately right angles thereto but preferably of not less than 45 degrees. and shall not be placed within culverts nor under railway bridges. Pipelines shall preferably be installed under tracks by dry boring or jacking. d. Pipelines laid longitudinally on railway rights —of —way shall be located as far as practicable from any frocks or other important structures. If located within 25 feel of the center line of any track or where there is danger of damage from leakage to any bridle, building or to structure, the carrier pipe shall be encased or of special design as approved by the Chief Engineer. 3. CARRIER PIPE a. Carrier line pipe and joints shall be of accepted material and construction as approved by the Chief Engineer. Pipe material under and adjacent to tracks ore to be capable of supporting a minimum of 3600 pounds per square loot for cover heights of 30 feet or less. For heights greater than 30 feet, supporting weight shall be increased proportionately. The pipe shall be laid with sufficient slack so that it 1s not in tension. b. Plastic pipe in a casing is an acceptable material if it is PVC or High Density Polyethylene and minimum schedule 40. Internal pressures not to exceed 100 psi. C •Trnf Ann r5A+. I.r.'.rn 3. CARRIER PIPE (continued) C. Ductile Iron Pipe in a casing is.acceptable as follows r Class 52 for diameters of 4' Ihru 10' Class 53 for diameters of 12' thru 14' Class 54 for diameters of 16' thou 18' Class 56 for diameters of 20' thru 24' d. Reinforced Concrete Pipe is acceptable if it is Class V. Minimum of Class III RCP is acceptable for longitudinal pipe located 45 feet or more from the centerline of track. e.. Vitrified Clay Pipe (ASTM C-700) in a casing Is acceptable if it is extra strength with joints per ASTM C-425 and booed on o load factor of 1.5. Longitudinal vitrified clay pipe as described above is acceptable uncosed it backfill is compacted to match density of adjacent soil. 4. CASING PIPE Casing pipe and joints shall be of leakproof construction. capable of withstanding railway loading (Cooper E-80). minimum size to be determined from Table I and 2. Table 2 indicates a minimum thickness based upon superimposed loads only and it is the responsibility of the installer to provide a casing which is adequate for the loads that result during installation. If additional tracks are constructed in the future, the casing shall be extended correspondingly by the pipeline owner. Steel casing pipe to have a minimum yield strength of 35.000 psi. When casing is installed without benefit of a protective coating, and said casing is not calhadicolly protected. the wall thickness shown in table 2 shall be Increased to the nearest standard size which is a minimum of 0.063' greater than the thickness shown, except for diameters less than 14'. Casing distances shown in Figure I are measured perpendicular to the track. 5. CONSTRUCTION a. Casing shall be so constructed as to prevent leakage of any substance from the casing throughout its length except at its ends. Casing shall be so installed as to prevent the formation of a waterway under the railway. with an even bearing through Its length, and shall slope to one end (except for longitudinal occupancy). b. Installation by open trench methods shall comply with Installation of Pipe Culverts. American Railway Engineering Association (AREA) Manual for Railway Engineering, Chapter 1, Pori 4.12 . c. Dry bored or jacked installations shall have a bared hole diameter essentially the some as the outside diameter of the pipe plus the thickness of the protective cooling. If voids should Qevelop or if the bored diameter is greater than the outside diameter of the pipe lincluding coaling) by more than one inch. the space shall be filled by grouling or other remedial measures as approved by the Chief Engineer. Boring operations shall not be slopped if such stoppage would be detrimental to the railroad. 5. CONSTRUCTION (continued) d. Tunneling operations shall be conducted as approved by the Chief Engineer. If voids ore caused by the tunneling operations, they shall be filled by pressure grouting or by other approved methods which will provide proper support. e. Void between casing and carrier pipe to be filled with sand in all high pressure installations. Void to be partially filled in others as directed by the Chief Engineer. f. Excavations end bore pits shall be a minimum distance of twenty feel from the centerline of the nearest track. Shoring pions cad calculations may be required to be submitted prior to construction per AREA manual and SP supplement. g. Fibre Optic cable lines may be on the right—of—way, the applicant shall call (800)283-4237 to determine if fiber optic cables are present. Applicant shall call prior to dogging to verity location and arrange inspection. 6. PROTECTION AT END OF CASING The ends of the casing ore to be suitably sealed against the enlronce of foreign material. but are not to be lightly sealed. SOUTHERN PACIFIC LINES COMMON STANDARD PIPE LINES FOR NON-FLAMMABLE SUBSTANCES ACROSS OR ALONG RIGHT OF WAY NO SCALE ADOPTED APR. 20. 1953 REVISED JAN. 1. 1990 AYK- (-may WN rn ftAL rxur x.tul MA nu. c1;011OJC1 r. U CITY SECRETARY , U. CONTRACT NO. G_ �! ---f RAIL CROSS I G AGREEMENT El D THIS GREEMENT, made as of the 0 day of /-y .199 , by and between FORT WORTH & WESTERN RAILROAD, a Taranfulia Corporation company, having an office at 6300 Ridglea Place, Suite 1200, Fort Worth, fl Texas 76116 (hereinafter referred to as "FWWR"), and CITY OF FORT WORTH, TEXAS, a municipal corporation (hereinafter referred to as "CITY"). 0 0 0 0 ci 0 it 0 ci I 0 0 In consideration of the sum of TWENTY THOUSAND DOLLARS ($20,000.00) for a fifty (50) year period, effective as of the date first herein written, and the covenants to be kept and performed by the CITY, FWWR hereby grants the CITY, upon the following terms and conditions, the right to construct and maintain: (a) an 18 inch sanitary sewer located at North Main at 11th (Drainage Area 54, Main M -3-A, Part 5; 0.0247 acres; 10,740 square feet) and (b) an 18 inch sanitary sewer North of Northside Drive (Drainage Area 54, Main 13, Part 9; 0.023 acres; 1,000 square feet) designed to withstand E-80 loading (hereinafter, the pipe lines and including all markings of facilities such as line markers, referred to as the "PIPE LINES"), across or along the FWWR right- of-way in Fort Worth, Tarrant County, Texas, the exact location of the PIPE LINES being more particularly shown and described on the prints hereto attached, marked Exhibits "A" and "B"and made a part hereof. FWWR hereby grants to the CITY at no cost, upon the following terms and conditions, temporary easements for construction of the two 18 inch sanitary sewer pipes, one located at North Main at 11'K (216 square feet) and one at North of Northside Drive, being more particularly shown and described on the prints hereto attached, marked Exhibits "C" and "D". (1) Application and construction plans for the PIPE LINES shall be submitted by the CITY to FWWR and must be approved by FWWR prior to construction or reconstruction of the PIPE LINES. The CITY shall, at its own cost and subject to the supervision and control of FWWR pursuant to FWWR's requirements and any statute, order, rule or regulation or any public authority having jurisdiction thereof, locate, construct and maintain the PIPE LINES in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of FWWR, or the safe operating of its railroad. If at any time the CITY shall, in the judgment of FWWR, fail to perform property its obligations under this paragraph, FWWR may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event the CITY agrees to pay, within sixty (60) days after bill shall have been rendered therefor, the cost so incurred by FWWR, but failure on the part of FWWR to perform the obligations of the CITY shall not release the CITY from liability hereunder for loss or damage occasioned thereby. cw co c1Y�rrUS , R. w/•tlm, T D Aril' 1-00 ODU L•70 rx LCxL rrur Maul riA Plus 0110110001 r. 0 U (2) The pipeline installations will be dry bored and jacked under the FWWR rail, and shall be a minimum of three (3) feet below the lowest ditch line (designed to withstand E80 loading). fl (3) The CITY shall use the PIPE LINES solely for carrying sewage, and shall not use it to carry any other commodity or for any other purpose whatsoever. Q (4) The CITY shall reimburse FWWR for any expense incurred by FWWR for false work to support FWWR's tracks and for flagman to protect its traffic during installation of the PIPE LINES and for any and all other expense incurred by FWWR arising out of or as a result of the installation, operation or maintenance of the PIPE LINES. a (5) If no feasible alternative exists, FWWR reserves the right, upon no less than six (6) months' prior written notice to the CITY, to require the CITY, at the CITY's cost and expense, to move, remove, relocate, alter or change the location of the PIPE LINES 0 n to an alternate location of the property in the event such move, relocation, alteration or change is required for safety reasons or to accommodate FWWR railroad operations and/or construction activities. a(6) The CITY shall, upon giving FWWR forty-eight (48) hours' advance notice, have the right to enter the FWWR right-of-way in the vicinity of the PIPE LINES for the purpose of installing, maintaining, repairing or removing the PIPE LINES. In the event of any emergency, the forty-eight (48) hour notice shall be waived, provided that the CITY or its contractors shall make every effort to notify FWWR of the nature of the 0 emergency and that entry onto the right-of-way has occurred. (7) At all times during construction, maintenance or repair of the PIPE LINES, Q the CITY or its contractors shall keep the right-of-way in a neat and safe condition and shall keep the tracks clear of obstructions. a (8) To the extent permitted by law, the CITY shall at all times indemnify and save harmless FWWR against and pay in full all loss, damage or expense that FWWR may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, presence or removal of the PIPE LINES, including any such loss, damage, or expense arising out of (a) loss of or damage to property (including, but not limited to, property owned by, leased to or in the care, custody or control of the a parties hereto), (b) injury to or death of persons (including, but not limited to, employees and agents of the parties hereto), (c) mechanics or other liens of any character. It is the intention of the parties that FWWR's right to indemnity hereunder shall be valid and a enforceable against the CITY unless such liability, cost or expense is the result of the 5o(eg!roae negligence or willful act of FWWR, its officers, agents and employees. (9) Notwithstanding any other provisions of this Agreement, the CITY shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter 0 0 APR- 7-S9 WED 2:57 PM REAL PROP MiiGT FAX 1W. bl// ld bi r. 4 Ti referred to as "Standards"), issued by any federal, state or local governmental body or agency established thereby (hereinafter referred to as "Authority"), relating to the CITY's use of FWWR's property hereunder. In its use of the premises, the CITY shall at all times be in full compliance with all Standards, present or future, set by any Authority, a including, but not limited to, Standards concerning air quality, water quality, noise, hazardous substances and hazardous waste. In the event the CITY fails to be in full compliance with Standards set by any Authority. FWWR may, after giving reasonable fl notice of the failure to the CITY, and the CITY, within thirty (30) days of such notice, fails either to correct such non-compliance or to give written notice to FWWR of its intent to contest the allegation of non-compliance before the Authority establishing the U. Standard or in any other proper forum, take whatever action is necessary to protect the premises and FWWR's railroad and other adjacent property. The CITY shall reimburse the FWWR for all costs (including, but not limited to, consulting, engineering, clean-up and disposal costs, and legal costs) incurred by FWWR in complying with such Standards, and also such costs incurred by FWWR in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties imposed for such violations. The CITY shall assume liability for and shall save and hold harmless FWWR from any claim of a violation of a such Standards regardless of the nature thereof or the Authority or person asserting such claim, which results from Grantee's use of FWWR's premises, unless such claim is the result of gross negligence or willful act of FWWR, its officers, agents and employees. City (10) While this Agreement is in effect, the CiTYand contractors, at and contractor's expense, shall maintain and furnish FWWR evidence of insurance set forth in a FWWR's "General Insurance Requirements" attached hereto as Exhibit "B" and made a part hereof. The CITY's contractor(s) shall provide certificates of insurance to FWWR prior to the contractor's initial entry onto FWWR property. If the City elects to self -fund a the risks associated with this Crossing Agreement, the City shall provide FWWR with documentation of the City's respective program. The City may elect to obtain commercial liability insurance at any point during the term of this Agreement. a(11) is date The term of this Agreement is for fifty years and effective as of the first herein written; and may be continued in effect thereafter subject to all its provisions, 9 and subject to the consent of the parties hereto and the acceptance by FWWR of advance payment for each successive term. Upon expiration, FWWR shall have the right to increase the fee due hereunder for the next succeeding term. CITY's (12) If CITY makes default in respect to any covenant or condition on part hereunder and fails to correct such default within thirty (30) days' after receipt of a notice from FWWR so to do, or failes to commence to correct such default within thirty (30) days after receipt of notice from FWWR so to do or to complete corrective action with diligence within a reasonable time thereafter, FWWR may forthwith terminate this pAgreement by notice to CITY. 0 Ai- I-yJ W1;1) L:5'I r51 HAL rxur AA HU. t1, (1dJtl r. II D (13) In the event that two or more parties execute this instrument as the CITY, all the covenants and agreements of the CITY in this Agreement shall be the joint and several covenants and agreements of such parties. fl (14) All the covenants and provisions of this instrument shall be binding upon and inure to the benefits of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the 0 ('j parties hereto, but no assignment hereof by the CITY, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon FWWR without the written consent of FWWR in each instance. LI(15) Any notice hereunder to be given by FWWR to the CITY shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to the CITY's Land Agent, 1000 Throclanorton, Fort Worth, Texas 76102. Any notice to be given hereunder by the CITY to FWWR shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to FWWR's President, 6300 Ridglea Place, Suite 1200, Fort Worth, Texas 76116. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of Dthe day and year first above written. ATTEST: CITY OF FORT WORTH, TEXAS D � BYJ2A- ______ ATTEST: FORT WORTH & WESTERN RAILROAD COMPANY [J By: a-�6 Robert C. Roberson Chairman and CEO El _________ Contract Authorization U -- Date 0 .0 a APR- 7-99 WED 2:58 PY REAL PROF (NT hAX NJ. bl id ibi r. b 0 0 0 0 Exhibit B General Insurance Requirements a For so long as this Agreement between Fort Worth and Western Railroad, a Tarantula Corporation company, as "Licensor", and The City of Fort Worth, Texas, as "Licensee" shall exist. Licensee's contractor(s) shall maintain in full force and effect comprehensive general liability insurance applicable to all operations conducted by Licensee on FWWR premises. Said coverage shall be: (1) Occurrence form rather than "claims made". Licensor may, at its sole discretion, accept a "claims made" policy provided that Licensee and Licensee's contractors agrees that such "claims made" policy shall include a minimum of three (3) years O extended reporting and discovery period, or Licensee and Licensee's contractors agree replacement "claims made" coverage shall continue to contain the same fl retroactive date as the policy being replaced. (2) Limits to be not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, or such other limits as required by Licensor. O(3) Licensor shall be named as additional insured on the policy(s). a (4) An acceptable, written confirmation (certificate of insurance) shall be required to be in the possession of Licensor before operations commence and thereafter, at least 15 days prior to expiration of coverage. a(5) 30 days advance written notice of cancellation, change of carriers, or any other material change in the insurance program of Licensee and Licensee's contractors. I 0 0 0 0 0 AYE- i-yy #l;ll l bb r% KKAL rKU Mt( [ MA h.. dlitlilbobi r.LI - i 12/08/08 TVE 18:50 FAX 817 871 6154 CITY XGR ® 012 p I D 111 ti + D "41'\ „ aoa•f1•le �o.u• D '+ '4. a• �� �`A9 t s. D teU .. _•c;' z a � ti ti7. 14 D Pourr 07 srGTNNTN0 ,.\• \\ D 31. I f N D D , SCALE oe Ds I. 'M Q Carte;. Burgess EXHIBIT SHOWING DAle :anzo7 SHY. NO. �.::... .�.,.. SANITARY SEWER DRAYM 5M w••4• ueecu. EASEMENTDESIG"M CJ •�. Min l'. . X114. 4.-fl I. MY JOB NO. 941474-W CHECKED JFK n is , r- (,41V D APR- 7-99 'NED 2:59 PM REAL PROP MNGT 12/03/D3 'XVE 13:48 FAX 817 371 6134 U d KIC Oa 1w S!E 100 Iva' 01 sC4a�sra 'M. .e.9IN a •Ot. LNa:. P. U JJ nl U r°oo�cao a U CITY )IGR FAX NO. 817.8718361 F. 8 loos to? 1. ! oct 1 vc. I cw'r' 1!'3 'o vol. ► gS•S!!1' SI� 0S \, rto R a AtOM VOL. jfr t,1 P0. 7 \ ; - N pa u ► Coo!a70 i T 1 eN U3 C VOL. )IY i. PG. t6 7 n N *w ro�r wo 1 rQwwIIrf. CQ ,01 IOU A P$\/. €/. b , / / 0 0 0 cwt•U WtCUt. NG wati•ds °v. 44 cy. '/• L7 SCALE 1 =100' EXHIBIT SHOWING DATE 1ORy97 1SHT. No, 10' SANITARY SEWER DAWN Srve EASEMENT DESIGNED plc, MZ3 +.a atlas a.w ••.r.rt -• 1.rw.Y • .wr.. N.._I .1- •t net M NI.a t AI Mw..rr r.r•.tar w+ r.l. •w.rra w & in. I. Y a.r..r tw M•. j •rr M w .w.w.a w ...IYI.t. r... ar r.. fl II 1. _. - ,•.r• rr••.ws r flint. r[.••. W Y. a.N.t a.. -r. .1 -fl.?. +rNr.r .r •rr a A.. .fl r & S CWl a� .w•. - L•Ia1a AIL ..L1.•r r ar .� • t..r..L a a..N n SLIt r M� ,- rL(. r[y .nyr rr t . a1uV..t• wrr M w.M .r M Sin • .'in tit eta .•+L -rr• 1.( n .I wlt •tl . YLN '�t•aYt tML* 555.1 P ..I t.w t t ends 5 n Si. „�.,> �„( n a• wa. •r • M 11 • a•K r r i.e. eta., r rwr.t na.. L.a.1.11 w y M (� . 4.IL 11 •rwt. • 11.. w'•' 11 [ Na �, sass �.ar.Mr a YY.•Y NS..ur ain asset towt• .rl•rtw .a..,. rr w dal r r.rrr ar w .r pp tN -I.[ . w ti u.• •/++ . w 1 Il tr ... .w.... atfl t..rl twv..a ..,...rr •.r* .n01.lN 'a MO .•... • � (t I I I rl. W r.• t.ar. W et_ 1 ��r Wt Wu.-.-..r•iI 1 , f 1 , y 1�• � �� ........ ..... ll�r • rj- 1 1 0 r.l[.wuN> Y �... I No U E v g, 1 y .N a nr I I I '�"' / a n r.ww ...a..•s a..r j I: ' i 11� i w"S f .r a1 a..w / 0 .. i urw i�� .••...w �•.w Ir•.�i. " - D i�I -t �. aii a i I / Si w.. •/ ..1 lea r-wr... wt..t .f I •! r ,..I i i _L t .i I -1 =3�� �_ [ frNlr l (.s.t11r1� • .�.. �I�w •utrWrtrs wru�...ai.i I Ira.. r I.r... aalrra ..•I' ....... rI..W.-i sin 1, - �Iyyl i • s / r .t• r..19 ra .r...... rwr. W r W IS I./t , • �- 1 1 1 /� ' ...r..r.I at.. S. r r r( atf IH 14..a1 •t1 S. r Ir 1.4 Y., rt.. f Imo'= / .• .as :'ti 1Y...a...m K<L fir. ' I' .Nn net r.R b.p, •r / n Ir w rr ( 11rl .( n.Itwo W r• Cl ' t I I / • I.a� Ill I war a• •r. w .t..lr 1.tL .11.. {L FlLII All h. ati .at. test [rr.r. .• r.w • ..w a.. i. I N .IIt r•..a• a.r r or •rM.r rwa ar .... III Stall f �v .. OM 5151. 11 rRP la r1KR in YILrN. I awra. rL R M 5.11 1L . IK w w P • I O 04Y I.� tens I. or ant. - isea CAUTION ••••et •, 1111 ..I9 ww ..sn trW in doer r \�O `, .nwaaterr�i n.a .r 4r r . 1 togs ..It TIw ortot I -: t. SIA . 1K r I wa•t.ftrr•N1.a .•41•walswl• w it last u.• ..•. n �{ Mead ar ..r w • o..w.r •In..a II It w•W. r w.. { tlraM r►s. trIiSr A a'.G.r..w .•Sto • IIt•Lw in Silt IS set is.. I II t1 f. I IrK Y ,�, Si- ,R w„1 wart ."ft t. at r r •r w9 MAl N B lM-B� 1.N A rr en MtYL T V r 1r 01. Mg .$an tic n wet an M •c Cr ..trw{t Mlrl I.t IF Y II .w Ite 1 nn r rG ad WOUIC Slat .N I[[? 11119 -r a -r •r..lu. tar •r r' } ._ it ... iY. : '+ • •'4'. 's .. - - , 1 - - _ ✓V _ - .a, __ __ - - _ ... _ - - _ .�' - - ►MILL[ KrLCt• t.. .._ ... - itt- - • • 1 :r .11117.9 1 A 'wo$0S&rL�r�: :jfi4 .qa L'6�=-lan -.' .;�e• .�CINf$ I?r'y. Cr.r, Mau?--'rr_•= j 51- *i@» ` i ri6<�i#iR Orri mw3OPittYt.0 III t.ja� t[dI L'tiS£G: et4t Pt'. 4K/91S��46"'t'8i1CiE�IC+�1l�li iM.'E;.Ii it tl N7i• v"S;iRt',.1''€%t3'TIE .5 ' s)l ?T -'l .. gI.I c?!lvBmIIL iI [D[iiifl@i9tiiYlFs lffEI.l1S> %NYlIi.1 6' F3= t'iJII Sidil®ItrMWM@�fA'Al1lRi�llii47G171Ditm+�iC� .. r4it %i ?YlLlit dII111S 41F1311CiNIli'itY�lO ilf$Illtle9�Mq �lllliilii fs"mm SHS7i»eIJIM 2fWSk67i ifCts____ .. x ' 1 ' U16 I- rP&JTI ! rC�IIMFitJiliA9tl �� �yi+�R91CR{SiQTa11�•r�VL��yiCCa°Ri?4A115:�fi�1 i16g rK�lfiNiP ik3lirv7hih�Hc111itsP�gwwsalR4CA41�11f 1r>1QfslitlRlr71 tlitRiiwr-c UD W i. I1�1SlTII..aL�I IK � fai.iilil[4,@iFdl.ti+ r -N seaa1d RSA F,ISt1�T•.r..��_...- ..... �,_.,tl9tiiY,.,iJ1.1 .�ei.�lEl�' Qttarsl iP>a*WILV1TR11509 11 �.,'.....w+9+-v�+m- "s'�...+�>•• R7 1Qa1�lfYffIRd ��s¢l�ua►»a�wsl�w�r____wsliaeil�i►r>it�e�ra�I�a�ir+a��.^��tnr;rla �• - . ? �i %.. DFfY Ap eNl +• a( .�tirlm�allMQlYINiiAI�S�i�E� � �M� - ru�lsw�a Ea ®Gt7 ssmar�aw Ir. •ITI ,11 fYl • M N w.11 nM II. ,.n,n sit•. ii i ,.•Nn. tI�.I OPEN SPACE V 1 II r " DIN. . ILr,1'Y.• .• n Ir Ilt. I.N a(I . WI..' ■ I,Na11 • (ru. w1 I1.,•ar " j a ..—CEAQRALJ4�J+lUE_ --- G� 11 1 ` w11f Innr uvrtoN INDUSTRIAL DEVELDPMENT a• r I "a"'" LATERAL 621A ' •� . Silt I• Slat rw•N .N. 3+00 II. tiN l[ r . ►. Al. • IN_It it.,. till • NI., A I• WI! • 111.1 f at. • /w1 F 0.,ri 1r 7t thy... fr 1. 11 w M1�i.\.rlw l.r / i A ;:r.e r \I a'.a. ••L Nan•.iw....! r N'.,,/ rrrr .M .N...I, — r M •t....a.1 r•.Nf1 — r•rr1 ••..Wa,♦NM II.w—..•.t..►Mr •�. 6a.h(0 ..wr..N•R IS 11 W.r M rMt1 M L1NI N! r►..r+ h wli..r 1•«IN.N A tA1 ••� 1.115 L WIk _ lw«• .}MW r SI* ,p.r. Y at .l. •�� • . IN f N• 1 .w turw.rl• It.tlr M Ni N. It 55 latw M I.M trrrw y ■.Iw+1xt w.N' rr awP 1711 51 WI! .5,N rwr •tr•N.K wl. •.. r� ws 1 ._ •.! 41. • W -n rrr.rs ..•inI• w N ,.wwr. '.t w.7.rlr I N If I C • ta M — w.lrr .r..wll..•. • NM.Iw i i N 'f a r i11 N. M Ir.K I•.IL a W 4.•t r tIN.5 rr•.K CD 1l f WET . 1K M 51 1 rY.'I1 . lit flit r ra.rr r • N.N. tl x,'.'13 I I.OV lit .r in r CI.',.' 1 Whit.' •IrrlV ••„'1. Se r.{.GI SW YM.'I wr'w Ya L=7 P11411! l H1 d AIY 1•• ,r/1 r,• •r s_n'w Nin rr. K .ranw P .Kt Itt1 lilt IwR, N.It r it K rr r , _.•.1r '• SI ..r 4. • 111.1• ►w, �r •«\, rrlrl •,'+r /1�) 5�I�r an • •t• n , tat • It rt Ii. 11 w a.! ,wN _1• • i.s1 • it [ 1lIKN ►•KiIl.w[.•.r, '.t►Nt•..r .wf S. 5 •_N MM tpa ph •S y t.•.I w r N I•y.r '.�. -' 7LEL /� hilt. M .1 /� I • 1 W NY ..' • at_C.. h.n, N...+..•+I S. t'ti I. .M ,w.'. rvY . W KI N rt.'Irra awr •.� _e ii. lit, NISI• �Or ar 1 .LtI tla.II. W V.tI r. ` 4'•rr• •.1 Nw ..1Ln f-t.�l • Ar 4.K ar L Nn . •R. ICl.1• r r 773st_ alIr.w.w7rN+.r...65 +• r •" �•" II —. r r 1.r N7r !/a tr[r rN .lwN'K rest. I.R \r nL -cy .�-+ ,: 1 .f all II•I K 11rt•- / L► Iw U. ■.n A IN LMW mN.rw ��� K K I,YM[I 11 i s a t r N NY•r•• /I_ .. C� .. L• � cA.sIt XNC tM 75.11 7,r• t.K w• _ _ _ .•ol\L5. ftaLlL � i:J_IL _ _ I• I Ir 11at - :.1 1. • .� ��W� Ilfill'1i' � 6 -I `rpp�l�ii..Nia0lLtiu __ illfii KtiClSilalIl�lLUal.�V t .. � M2L-Ft�Afi'iYF'f^lts�C'�MY ' 1 I- - aw SN_a 5LLtNA rs 4+00 3.00 c -c APR- 7-99 iE., 3:02 PM REAL PREP MH-T FAX NU. 51 _ ._bi r. 11 a12/08/83 TI,& 13:51 TAX 317 871 6134 CI'ri NGR mo15 � 1 d• ' I • D '�� 1� A 6 ss •!r isrr U H;? Z7 4, /� 11 . 1016 J� ss• L 4 1• ' •�'1�>r�f ' rU. 17 I• J!' {{•rl 111' 7 • !s• E '• 1 1• !t)DTl 0! 1 1• •4. r+ orr oi 1. jt1 l'. t 1 AcT 2 1• C+ U,. � 1 11 cc Oo ?Lrp>\: ~ I11 ? �• 1• 1 �� GS 1$ • 1 ; •mofl 1S Us t� :; S e • 1 D��,tV �,•�6 1i" t D ti INT Of 1 l T D D 2 1 SCALE i' =t C0' ll 1 I Ilh11f110. 7 Carter • ac�rg�sx D EXMI't SHOti'YL`'G DAIS ro�7 HT. SO. TEMPORARY CONSTRUCTION OµwN sate clsu I �J*b &per 0EStGNED ?1ti41w �,1 EASEMENT POD NO. rn41�.-07.F CHEG:E0 JfK U -. -I APR- 7-99 'OED 3:03 PM REAL PROP MRGT • 12/03/98 IV 15:49 FA 817 371 6134 FAX RD, 617618361 P. 12 CITY MR ® 009 U. ' Fonn C.S. 3400 Approved as to form by General Counsel March 23, 1993 111...��� Revised: December 4, 1992 '053/TCC-633.02-C Rev. Oct. 1, 1996 I Page 1 of5 U RELMIS: TCC-633.02-C 0 LEASE UNDERGROUND PIPELINE No. 8 0� O (SEWER - WATER - STORM DRAIN - ETC.) LEASE 983 No. aTHIS AGREEMENT, made this 27th day of June, 1996, by and between ST. LOUIS aSOUTHWESTERN RAILWAY COMPANY, a corporation, (Licensor), and CITY OF FORT WORTH, a municipal corporation of the State of Texas, address: 1000 Throckmorton Street, Fort dWorth, Texas 76102, (Licensee); DWITNESSETH: fl 1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate, subject to the terms of this Agreement, an underground 21 -inch municipal wastewater PVC pipeline within a 36 -inch steel casing (herein called "structure"), at or near Fort Worth, County of Tarrant, State of Texas, in the location shown on the attached print of Drawing F-407, sheets I through 5, dated September 20, 1995. This grant is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and beneath its premises. 0 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of 0 markers does not constitute a warranty by Licensor that there are no subsurface installations. D 3. Costs: Upon execution hereof, Licensee shall pay Licensor Four Hundred Seventy Five Dollars ($475) partially to defray cost of handling. In addition, as monetary consideration for the rights herein granted, Licensee shall pay to Licensor the sum of Twenty Five Hundred Dollars ($2,500). 0 Form C.S. 3400 0�„jj Revised: December 4, 1992 Approved as to form by General Counsel March 23, 1993 053?CC-633.02-C Rev. Oct. 1, 1996 ci 0 0 ci 0 0 Q Page 2 of 5 Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's premises. Licensee shall reimburse Licensor for all cost and expense to Licensor in furnishing any materials or performing any labor in connection with such work, including, but not limited to, installation of falsework and other protection beneath or along Licensor's tracks, and furnishing such watchmen, flagmen and inspectors as Licensor deems necessary. 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in accordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that such plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon or in connection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by Licensor in its use of Licensor's premises, Licensee shall reconstruct, relocate or alter said structure. Except in emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work on said structure. aLicensee shall cooperate with Licensor in making any tests Licensor requires of any installation or condition which in its judgment may have adverse effect on any of the facilities of ciLicensor. All costs incurred by the tests, or any corrections thereafter, shall be borne by Licensee. No change shall be made by Licensee in the commodity being conveyed through said structure without Licensor's prior written approval. 5. The rights herein granted are subject to the rights of Licensor (or anyone acting with the } permission of Licensor) to construct, reconstruct, maintain and operate fiber optic and other �j telecommunications systems (systems) in, upon, along, across and beneath the premises and rights -of -ways of Licensor including the premises through which said structure shall be constructed. Licensee agrees to reimburse Licensor and/or the owner of the system(s) for all expenses which either may incur which expenses would not have been incurred except by reason of the use of fl the premises by Licensee, its agents, employees or invitees including relocation costs or any damages incurred by such owner due to injury to the system(s). d Licensee, at least five (5) days prior to performing any digging activities on the premises of Licensor, must call 1 -800 -AT -FIBER (available 24 hours) to receive a Qwest Communications Corporation control number. Licensee will be advised if a telecommunications system is buried anywhere on or about the premises of Licensor in the location where Licensee will perform such digging activities. If there is a telecommunications system, Licensee will be advised as to the owner fl of the telecommunications system and provided instructions on arranging for a cable locator and will be advised whether relocation or other protection for the telecommunications system is required prior to beginning any work on the premises of Licensor. 0 G Form C.S. 3400 URevised: December 4, 1992 Approved as to form by General Counsel March 23, 1993 •053/TCC-633.02-C Rev. Oct. 1, 1996 0 D 0 a 0 0 I Page 3 of 5 6. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH LICENSEE AND LICENSOR, THAT THE INDEMNITY PROVIDED FOR IN THIS AGREEMENT IS AS FOLLOWS: TO THE EXTENT ALLOWED BY LAW, LICENSEE AGREES TO RELEASE, DEFEND AND INDEMNIFY LICENSOR FROM AND AGAINST ANY AND ALL LIABILITY, COST AND EXPENSE FOR INJURY TO OR DEATH OF PERSONS AND DAMAGE TO OR DESTRUCTION OF PROPERTY (INCLUDING, BUT NOT LIMITED TO, THE PROPERTY AND EMPLOYEES OF EACH OF THE PARTIES HERETO), WHEN ARISING OR RESULTING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF WORK UNDER THIS AGREEMENT, EXCEPT WHEN DUE TO THE SOLE NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR CRIMINAL ACTIONS OF LICENSOR. THIS COVENANT OF INDEMNITY SHALL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE FULL PAYMENT OF ALL SUMS DUE UNDER THIS AGREEMENT. U THE TERM "LICENSOR" AS USED IN THIS SECTION SHALL BE CONSTRUED TO INCLUDE, IN ADDITION TO LICENSOR, THE SUCCESSORS, ASSIGNS AND AFFILIATED COMPANIES OF RAILROAD AND ANY OTHER RAILROAD COMPANY THAT MAY BE LAWFULLY OPERATING UPON AND OVER THE TRACKS CROSSING OR ADJACENT TO SAID STRUCTURE, AND THE OFFICERS AND EMPLOYEES THEREOF. 7. Condemnation: If all or any portion of Licensor's premises shall be condemned or taken for public use, Licensee may seek on its own behalf from the condemning party compensation for the taking, damaging and relocation of said structure, and to the extent allowed by law. 0 8. Termination: Prior to the termination of this Agreement, Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed, and fl track or tracks of Licensor and shall restore, to the satisfaction of Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If Licensee fails to do the foregoing within one (1) year from the date of the notice of termination from Licensor, Licensor may do such work of removal and restoration at the cost and expense of Licensee. If this removal by Licensor occurs, Licensor shall in no manner be liable to Licensee for any damage sustained by Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action that Licensor may have against Licensee. If Licensee makes default in respect to any covenant or condition on Licensee's part hereunder I] and fails to correct such default within thirty (30) days' after receipt of notice from Licensor so to do, Licensor may terminate this Agreement by notice to Licensee. Provided however, if the default is not fl reasonably susceptible to core by Licensee within this thirty (30) day period, (unless rail service may be affected) Licensor will not exercise the option to terminate this agreement so long as Licensee has commenced to cure the default with the thirty (30) day period and diligently complete the work within a reasonable time. El Form C.S. 3400 UR_.tiiscd: member 4, 1992 Approved as to form by General Counsel March 23, 1993 '053frCC-633.02-C Rev. Oct. 1, 1996 U. 0 0 0 0 0 0 0 0 0 0 ci a 0 a 0 0 Page 4 of 5 9. Environmental Protection: Licensee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder as a result of Licensee's use, presence, operations or exercise of the rights granted hereunder, Licensee shall immediately notify Licensor and shall, at Licensee's expense, be obligated to clean all property affected thereby, whether owned or controlled by Licensor or any third persons to the satisfaction of Licensor (insofar as the property owned or controlled by Licensor is concerned) and any governmental body having jurisdiction in the matter. Licensor may, at its option, clean Licensor's premises; if Licensor elects to do so, Licensee shall pay Licensor the cost of such cleanup promptly upon the receipt of a bill therefor. To the extent allowed by law, Licensee agrees to investigate, release, indemnify and defend Licensor from and against all liability, cost and expense (including, without limitation, any fines, penalties, judgments, litigation costs and attorney fees) incurred by Licensor as a result of Licensee's breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during the time this Agreement is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the sole negligence, gross negligence, willful misconduct or criminal actions of Licensor, its officers, agents or employees. '10. Contractors: No work on Licensor's premises shall be commenced by any contractor for Licensee until such contractor has entered into Licensor's standard Contractor's Right of Entry agreement covering such work. 11. Non -assignability: This Agreement is not assignable, in whole or in part, by Licensee without Licensor's prior written consent. 12. Liens: Licensee shall pay in full all persons who perform labor on said premises for Licensee, and will not suffer any mechanics' or materialmen's liens to be enforced against Licensor's premises for work done or materials furnished at Licensee's instance or request. If any such liens are filed thereon, Licensee agrees to remove the same at Licensee's own cost and expense and to pay any judgment which may be entered thereon or thereunder. Should the Licensee fail, neglect or refuse so to do, Licensor shall have the right to pay any amount required to release any such lien or liens, or to defend any action brought thereon, and to pay any judgment entered therein, and the Licensee shall be liable to the Licensor for all costs, damages, and reasonable attorney fees, and any amounts expended in defending any proceedings or in the payment of any said liens or any judgment obtained therefor. 13. Said structure shall be installed in accordance with minimum requirements of Form CS 1741, also attached and made a part hereof. ci Form C.S. 3400 URevised: December 4, 1992 Approved as to form by General Counsel March 23, 1993 053?CC-633.02-C Rev. Oct. 1, 1996 I ci 0 ci 0 0 0 D a 0 0 0 0 0 0 0 0 Page 5 of 5 14. Licensee does not hereby warrant nor represent that any special taxes or assessments will be levied to pay claims or judgements which may arise under the covenants of indemnity found in Paragraph 6 of this Agreement as a direct result of the maintenance, operation, use or removal of the pipeline herein described. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. APPROVED AS Rti AND L GALITY:! Aseietant City Attorney LICENSOR By .2' 2221�L- ('V*) Manager -Contracts LICESTEE By (Title) 0 LJ © Q INFORMATION BY RAILROAD INFORMATION BY APPLICANT ii 0 APPLIC:NIT TO FILL IN ALL INFORMATION LINES OR N/A IF IT DOES NOT APPLY. rROJECT aAR1Flt Rt0'0 BBB NETT INSTALLAT70N p RECONSTRUCTION A -- Fat 91NR oE11atourltttlle T� wir PIPE UHF• CARRYING p FLAI.OAABLE OR HAZARDOUS SUBSTANCES I SEE RAILROAD STANDARD C.S. 1742 I NMI NON-FLAMMABLE SUBSTANCES I SEE RAILROAD STANDARD C.S. 1741 I p CULVERT APPUCAXT DOING EUSUfES3 A3 11101 VIOUMJ i FMAPM!!RLJAR stun WRICI► ��s� I� W oc il, T S APPLICANT S.r.: Q..�.....ST .. is�S�....__.......»......._--_.....�_ CITY �Q�} �Rr tr�......_.»........._. STATE FAVA...•••....QZIP » '2J CONTACT •'�''_ _ jr�' _ PHONE .47Y�.-•.-l- z,p--- a CONTACT PERSON..aL...f.l.4�l.y*SrA7.1,-- PHONE .AJL.L'..i.i�L�.i.»• 1- PURPOSE .M. ._...__._.........»......_...._. O IF PIPE OR CASINO DIAMETER 13 GREATER THAN 3--G• APPLICANT SHALL SUBMIT ..► ENGINEERING PLANS. CALCULATIONS. SPECIFICATIONS. AND SOILSEPORT- DISTAuM TO PERMANENT RAILWAY �STRUCTURE C)° 3• ,.�Lcilib•Y S ANGLE OF CROSSING WITH TRACKS .1 7+ ..- -- -- -• 3• SOIL CLASSIFICATION ,,/-- ••---• CPIPE SLO►E*OR GRADIENT .»Q4 .'R ZlL......»-----•-••••-•.-••---• O P1►F R G�gG . . . . . . QB.Wasi waYt- CONTENTS TO BE HANDLED . • thVnU i.....--eM NOMINAL DIAMETERI (1) PIPE MATERIAL . . • . . . . . . . . . . . 4 WALL THICKNESS . . . . . Elr SPECIFICATION PAID • • • •D GRACE . • r . . . . .. N�� �•ft.3_. OPERATING PRESSURE/MA%WUM PRESSURE A MINIMUM YIELD STRENGTH �1yI `•^":�i`=1� DO TYPE OF JOINT . . . . . . . . . t COATING MATERIAL ........ . . . . . . U' METH00 Or INSTALLATION •d' LENGTH OF CASING IACTUALJ _SRSJZ_ DISTANCE OF CA5I Q JT - FROM CENTERLINE OF TRACK EC L _..G— II ..39 ' 0 YEHTS- NUIGER• SIZE_- TA DISNCE OUT FROM CENTERLINE L --N� -AT�-- R DISTANCE TO SHUT-OFF VALVES ON EACH SIDE OF R/W-. . L BURY- BASE OF RAIL TO TOP OF CASING . .-q •,F, BURY- ROADWAY DITCHESto . . . . • . .--,•a..i �� TYPE. SIZE AND SPACING OF INSULATORS •OR SUPPORTS . . SEALS AT ENDS OF CASING-' BOTH ENDS -_.-..._.-ONE ENO.�--.--..._TYPE CATHODIC PROTECTION _lm ft NM..._... CASING .-.--•-•••• CASINGFILLER SiJAY.1...-..-......__..___._..........__....._..-•----• LONGITUDINAL PIPELINES DISTANCE FROM TRACK CENTERLINE L - �-»- R . . , . DEPTH or BURY TO TOP OF PIPE . SUN.-��}��{{j(-•L]W HEIGHT FROM BASE OF RAIL TO TOP OF PIPE • •x111_ --..•'I X FLAMMABLE SUBSTANCE PIPELINE- CLASS LOCATION -N DESIGN FACTOR APPROXIMATE DATE WORK WILLBE DONE l»li[L-••��•-A•s�- MINIMUM OF 5 OATS NOTICE REOUIRED PRIOR TO ENTRY FOR CONSTRUCTION UNDERGROUND FIBRE OPTIC CABLE MAY BE LOCATED ON RICH -or -WAY. CONTACT S.P. TELECOM AT IBOOI 283437 TO VERIFY LOCATION AND PRIOR TO 01001110. rut:••.T n-TAan nuFl u.f -r. n. TO StATNM -No 2P• 3PvR TO F � � \» 9. Of TRAOC P1p R/M PROJECT MARIQR RCO.O ~••- P1rO.01f FOR UNOERCROONO N►EUNi I I 1R+RM A—' • PLAN OF PIPELINE MT $CALL .1f OION.STATION OR NIL FIST OMOIOTRL 01VL• THE OISTNKY !1.0119 TRACK FROM RAILROAD STTIUCJWIE OR CENTERUNC Of FOOUC STNIET O10131N5. MATERIALS AND INSTALLATION PER S.F. DRAWING NO. C.E. CS. UNDERGROUND SIGNAL OR COMMUNICATION LIKE INVOLVED. YES ....-NO».— FIBERO/TIC UNE INVOLVED. YES _...NO._ SHORING PLAN AND CALCULATIONS REO-D PRIOR TO CONSTRUCTION. YES_. -.N0.•_ - REFERENCE To ASSIGNED BLANKET AGREEMENT 140... --- ••- PIPELINE CARRYING NON-FLAMMABLE SUBSTANCES SEE C.S. 1741 5 SuaL RAILROAD CORP. - 7 -- ROUTE NO. ._MP L13. SsA. MAIN LINE ...._...--- BRANCH LINE ------ OTHER «-�--- 013T.•L — DIST R• •�f�t YAL.SEC..-6ci---------_SNTZl.J.AL. NO. OF TRACKS CROSSED �L_........ JOINT FACILITY LINE YES.__NO -.-. CONIC OR MWC-»PEEICRANCHISE•». CouxrT ....S/4UA1_4 .. ._., RAILROAD INSPCCTO REQUIRED ...... ESTIMATED COST .,.-._„•.•-._. PHONE CPU. FOR INSPECTIONS DRAWING NO. SHEET NO.. - CHECKED IT ......-....-...«- - PIPELINE CARRYING FLAMMABLE SUBSTANCES SEE C.S. 1742 NS SCAS SOUTHERN PACIFIC TRANSPORTATION CO. ST. LOUIS SOUTHWESTERN RY. CO. SOUTHERNPACIFIC CHICAGO ST. LOUIS COI DATA REQUIRED FOR PROPOSED PIPELINE ACROSS OR ALONB RIGHT OF WAY FORM G.E.41TOO. $I T I REVISES JAIL L 1290 L SCOPE 3. CARRIER PIPE (continued) Pipelines included under these specifications are those installed In carry steam. water or any non—flammable substance which from its nature or pressure, might cause domoge it escaping on or in the vicinity of railway properly. 2. GENERAL REQUIREMENTS a. Pipelines under railway Iracks shall be encased in a Iaryer pipe or conduit called the casing pipe as indicated in Figure I. Design shall be based on superimposed load due to railway (Cooper E-801 loading with applicable impact in combination with Internal pressure, external loads and installation loads. b. Casing pipe may be omitted under the following conditions providing that open trenching is approved by the Chief Engineer. (I) Under industrial tracks, and under slow speed branch line tracks in paved city streets where line pressure Is less than 100 psi. The pipe joints are to be of leakproof construction and the pipe material shall safely withstand the combination of internal pressure and external leads. Joints shall be mechanical or welded type. (2) For non —pressure sewer and storm drain crossings under light traffic branch lines where the pipe strength is capable of withstanding railway loading. c. Pipelines shall be located, where practicable. to cross frocks of approximately right angles thereto but preferably at not less than 45 degrees, and shall not be placed within culverts nor under railway bridges. Pipelines shall preferably be Installed under tracks by dry boring or jacking. d. Pipelines laid longitudinally on railway rights —of —way shall be located as far as practicable from any tracks or other important structures. If located within 25 feel of the center line of any leach or where there is danger of damage from leakage Is any bridge. buitdiny or to structure, the carrier pipe shall be encased or at special design as approved by the Chief Engineer. 3. CARRIER PIPE a. Carrier line pipe and joints shall be of accepted material and construction as approved by the Chief Engineer. Pipe materiel under and adjacent to tracks are to be capable of supporting a minimum of 3600 pounds per square toot for cover heights of 30 feet or less. For heights greater than 30 feet. supporting weight shall be increased proportionately. The pipe shall be laid with sufficient stock so that it is not in tension. b. Plastic pipe in a casing is an acceptable material if it is PVC or High Density Polyethylene and minimum schedule 40. Internal pressures not to exceed 10 0 psi. n r •T....,. nn r -,,n, nr,,,err. c. Ductile Iron Pipe in a casing is.occeplable os follows e Class 52 for diameters of 4Ihru 10' Class 53 for diameters of 12' thru 14' Class 54 for diameters of 16' thru 18' Class 56 for diameters of 20' Ihru 24' d. Reinforced Concrete Pipe is acceptable if it is Class V. Minimum of Class III RCP is acceptable for longitudinal pipe located 45 feet or more from the centerline of track. a. Vitrified Clay Pipe (ASTM C-700) in a casing is acceptable if it is cairn strength with joints per ASTM C-425 and based on o toad factor of 1.5. Longitudinal vitrified cloy pipe as described above is acceptable uncased if backfill is compacted to match density of adjacent soil. 4. CASING PIPE Casing pipe and joints shall be of leakproof construction. capable of withstanding railway loading (Cooper E-80). minimum size to be determined from Table I and 2. Table 2 indicates a minimum thickness based upon superimposed loads only and it is the responsibility of the installer to provide a casing which is adequate for the loads that result during installation. If additional tracks are constructed in the future, the casing shall be extended correspondingly by the pipeline owner. Steel casing pipe to hove a minimum yield strength of 35.000 psi. When casing Is installed without benefit of a protective coating. and .said casing is not calhodically protected, the wall thickness shown In table 2 shall be Increased to the nearest standard size which is a minimum of 0.063' greater than the thickness shown, except for diameters less than 14'. Casing distances shown in Figure I are measured perpendicular to the track. 6. CONSTRUCTION a. Casing shall be so constructed as to prevent leakage of any substance from the casing throughout its length except at its ends. Casing shall be so installed as to prevent the formation of a waterway under the railway, with on even bearing through its length, and shall slope to one end (except for Longitudinal occupancy). b. Installation by open french methods shall comply with Installation of Pipe Culverts. American Railway Engineering Association (AREA) Manual for Railway Engineering, Chapter I. Pori 4.12 . c. Dry bored or jacked installations shall have a bored hole diameter essentially the some as the outside diameter of the pipe plus the thickness of the protective cooling. It voids should 4evelop or if the bored diameter Is greate[ than the outside diameter of the pipe (including coaling) by more than one inch. the space shall be filled by grouting or other remedial measures as approved by the Chief Engineer. Boring operations shall not be stopped if such stoppage would be detrimental to the railroad. 5. CONSTRUCTION (continued) d. Tunneling operations shall be conducted as approved by the Chief Engineer. It voids are caused by the funneling operations, they shall be filled by pressure grouting or by other approved methods which will provide proper support. e. Void between casing and carrier pipe to be filled with sand in all high pressure installations. Void to be partially filled in others as directed by the Chief Engineer. 1. Excavations and bore pits shalt be a minimum distance of twenty feet from the centerline of the nearest track. Shoring plans and calculations may be required to be submitted prior to construction per AREA manual and SP supplement. g. Fibre Optic cable lines may be on the right—of—way, the applicant shall call (800)283-4237 to determine it fiber optic cables are present. Applicant shall cell prior to digging to verify location and arrange inspection. 6. PROTECTION AT END OF CASING The ends of the casing are to be suilably sealed ogoinsl the entrance of foreign material, but are not to be lightly sealed. SOUTHERN PACIFIC LINES COMMON STANDARD PIPE LINES FOR NON-FLAMMABLE SUBSTANCES ACROSS OR ALONG RIGHT OF WAY NO SCALE ADOPTED APR. 20, 1955 REVISED JAN. I. 1990 �A �i1r ��)��fifififir��s_�>,�����I�.f•��� ��1���1ili���Mr����>_�� � 7. DEPTH OF INSTALLATION Refer to Figure I for minimum cover depths for pipeline crossings. Pipelines laid longitudinally on railway rights -of -way, 45 feet or less from cenlerline of (rack, shall be buried not less than 4 feel from ground surface to lop of pipe. Where pipeline is laid more than 45 feel from centerline of track, minimum cover shall be of least 3 feet. 8. SHUT-OFF VALVES Accessible emergency shut-off valves shall be installed within effective distances each side of the roilwoy as agreed to by the Chief Engieer and the pipeline company. Where pipelines are provided with automatic control stations at locations and within distances approved by the Chief Engineer, no odditional valves shall be required. 9. APPROVAL OF PLANS Plans for proposed installation shall be submitted to Regional Engineer and must meet the approval of the Chief Engineer before construction begins. Plans shall be drawn to scale showing relation of proposed pipe line to railway tracks, angle of crossing, mile post location or railway survey station, rights -of -way and general layout of tracks and railway facilities. Plans shall include all appurtenant features of the pipe line, such as valves, manholes, vents, casing. etc., located on railway property. Cross section or profile shall show pipe line and appurtenant features as to the tracks and surrounding ground. The execution of the work on railway rights -of -way shall be subject to the inspection and direction of the Regional Engineer or his authorized representally e. Thejilans shall contain the data that is required on the application form (C.E. 41708. SH. 1). The application form shall be completely filled in. 10. EXECUTION OF WORK The Pipeline Agreement and Contractors Right of Entry Agreement shall be fully executed before any work will be allowed on railway right-of-way. The execution of the work on railway rights -of -way, Including the supporting of 'rocks, shall be subject to the inspection and direction of the Regional Engineer. A minimum of 5 days notice to railway is required prior to entry on right-of-way for construction. (OF TRACK MAINLINE 12'-0' BRANCH LINE 9'-0' INDUSTRY 9'-0' E a I BASE OF RAIL z z z 1111 —If I r r 1.5 Q 3 N h sr Table 1 Table for Determining Minimum Size of Casing TYPE OF CARRIER PIPE AND STYLE OF JOINT NOMINAL SIZE CARRIER STEEL OR PLASTIC NOMINAL SIZE CARRIER AWWA DUCTILE IRON WELDED STEEL V.C. PIPE MINIMUM NOMINAL SIZE OF CASING TYTON I BELL -SPIGOT MECHANICAL EXTRA STRONG MINIMUM NOMINAL SIZE OF CASING 3/4' 2' 4' t0' t0' 12' 8' t0' 1' 2 1/2' 6' 14' 14' 16' t0' 14' 1 1/4' 3' 8' 16' 16' 16' 12' 16' 1 1/2' 3 1/2' t0' I6' 20' 20' 14' I8' 2' 4' 12' .22' 22' 22' 16' 20' 2 1/2' 4 1/2' 14' 24' 24' 26' 18' 3 3 1/2' 6' 16' 26' 26' 28' 20' 24' 8' 18' 28' 28' 30' 24' 26' 4' e' 20' 30' 30' 32' 26. 32' 6' 10' 24' 36' 36' 36' 30' 36' 36' 36' 42' rnr .i ...... un. .i ru ,rv.v•n (OF TRACK CARRIER PIPE LENGTH OF CASING PIPE Casing Requirements Figure 1 _ Table 2 Steel Casing (Casing with Protective Coating) NOMINAL DIAMETER (inches) MIN. WALL THICKNESS (inches) NOMINAL DIAMETER (inches) M. WALL THICKNESS (inches) 14' 8 UNDER 0.188' 44' 8 46' 0.594' 16' 0.219' 48' 0.625' 18' 0.250' 50' 0.656' 20' 6 22' 0.281' 52' 0.668' 24' 0.312' 54' 0.719' 26' 0.344' 56' 8 58' 0.750' 28' 0.375' 60' 0.761' 30' 0.406' 62' 0.813' 32' 0.438' 64' 0.844' 34' a 36' 0.469' 66' 8 68' 0.875' 38' 0.500' 70' 0.906' 40' 0.531' 72' 0.938' 42' 0.563' MILL SOUTHERN PACIFIC LINES COMMON' STANDARD PIPE LINES FOR NON-FLAMMABLE SUBSTANCES ACROSS OR ALONG RIGHT OF WAY NO SCALE ADOPTED APR. 20.1953 REVISED JAN. 1. 1990 .rIB 09:33 'b `13 1• o Util, ) UI j\ 0 J ►h�Y� CARTER & BURGESS `f11J1•Z6-11 2 8 II 7 a Zoo IL'I by City Ord.'j®48• ru/ ��J'•.�+ ��z Cy►E. S Zou2-o Plat showing BLOCK !'A• COOS ADDITION b ing a revL9lort Of A Portion of f9LOC'KS 2O1 and 2O2, * •4` tutt�_.1OO North For _ ...•......... •.....,.. '�-� t Worth TOwnsi+e Co . Add. o, • • • • - - - anti eoo 'ro: •; .. .....e. O , , _ 8011 O'AeC tit. :; ??a4 ,_G `kullikin�surveY A^�- 0 ..l.Ro~;� i.•.......y its =• .. .. _,..•.�- �•�''"e--d�-'ti:� CITY OF FORT WORTH, CITY PLAN COMMISSIONTEXA$ hci •- E, NOTE: c . TH, PLAT IS VALI:i OHEi IF RECORDED WIT1 Cn 141 MONTHS AFTER DATE OF APPROVAL. { _• ern FEAT Apr NOTE: I m!' • aArc-}-:.?�-7/ ^ND eunDrNr, r:.,' � x� _ • • .� • NApEL ORJ IHI' SS PLAT .. TILL PRDV ssor f6rORz crw SFWER, STORM CUNSiRUCTICN nr TIIE l-[ �s . �n SEWS DRAIN, STREET LIGHTS AND •PAVING G FROM F;RT g. All All co-arkcA .'% ti c'CI rodi, 'fUtV [TINO •ENOINE�RINO •MA►PINp •ILAHHip4G O fse 1776 l � e.„• W A�� ioui MAIN ' ►Oti WORTH — iEk43 ' ew 51 c c7 c ii Cj c J •© D® .L i© Q Ci c t� 40.. 4 C O .V) IQI INFORMATION BY APPLICANT APPLICANT TO FILL IN ALL INFORMATION LINES OR N/A If IT GOES NOT APPLY. = NEW INSTALLATION CJ RECONSTRUCTION PIPE LINE CARRYINC CI FLAMMABLE OR HAZARDOUS SUBSTANCES I SEE RAILROAD STANDARD C.S. 11121 Bft NON-FLAMMABLE SUBSTANCES I SEE RAILROAD STANDARD C.S. $741 1 CULVERT APPLICANT DONE sOSINQS AS: ® MAt I I TI€*NWF1 IIAIMC1IUTT APPLICANT 2E „FQt W �r Xsi5 -- ADORES `tASAL�°rx[-._ ... CITY n+ _{+ r7A»»_._._____ ...... STATE..J.QaTi".I-.._�. ZI► QZ COUNTY r .PHONE.„• CONTACr FOtsONT1� k _ fHONE.8t7- `1949_ ... ._-- PURPOSE IF PIPE OR CASING DIAMETER IS GREATER THAN 3'-G• APPLICANT SHALL SUBMIT ENGINEERING PLANS. CALCULATIONS. SPECIFICATIONS. AND SOIL! R REPORT. DISTANCE TO PERMANENT RAILWAY STRCFFTL f ZTib.r ANGLE OF CROSSING WITH TRACKS ....,.zac.... SOIL CLASSIFICATION »......._.._ PIPE SLOPE OR GRADIENT ._ ._..._._... RI R CG CONTENTS TO BE HANDLED . . . . . . ...... ..• f LO �f r�aM NOMINAL DIAMETER . . . . . . . . . . . . . PIPE MATERIAL eL SPECIFICATION AND GRADE ............ ••����•••••• WALL TNICOIESS . . . . . . . . .. . . . . OPERATING PRESSURE/MAXMIUM PRESSURE . . . .. . . / MINIMUM YIELD STRENGTH . . . . . . . ... H TYPE of JOINT . . . 9Ine COATING MATERIAL . mewoo or INSTALLATION LENGTH OF CASING (ACTUAL) LO DISTANCE OF CASIPA GOBI FROM CENTERUME OF TRACK L 0 R .. VENTS' ININER•_jZ SIZE.. DISTANCE OUT FROM CENTERLINE L R DISTANCE TO SHUT-OFF VALVES ON EACH SIDE OF It/WI. . . L BURY' BASE OF RAIL TO TOP Of CASING . . . . . . . . ..�.�r BURY' ROADWAY DITCHES TYPE. SIZE AND SPACING Of INSULATORS OR SUPPORTS . .» SEA).! AT 0103 OF CASIII .n,TTLI� ENDS —..BONE END •—..—TYPE ._ _._-._... CATHODIC PROTECTION ..l+�eL1Ra¢ .__ ......» . CASING FILLER 5Aiid.» ... ...... LONGITUDINAL PIPELINES DISTANCE FROM TRACK CENTERLINE • • • • • L R DEPTH OF BURY TO TOP OF PIPE • 411E •••1L» HEIGHT FROM BASE OF RAIL TO TOP OF PIPE • .4I ---NuTA1 FLAMMABLE SUBSTANCE PIPELINE! CLASS LOCATION .N p- DESIGN FACTOR ..LYf._ . APPROXIMATE DATE WORK WILL BE DOIIC At13.1_..�32So.. MINIMUM OF 5 OATS NOTICE REQUIRED PR ION TO ENTRY FOR CONSTRUCTION UNDERGROUND FIBRE OPTIC CABLE MAY BE LOCATED ON RIGHT -Of -WAY. CONTACT =.P. TELECOM AT 18001 283-4237 TO VERIFY LOCATION AND PRIOR TO 01001NG. rn C .^.I AW1.+dn n.I•F L'..F-+.'N TO INFORMATION BY RAILROAD PRO+cCT MM R REw A R1W a *10NO IM STAT'MI psFi� �C ______ y ! � / TO {N____- R L l OF TRAM PROJECT MAUSR REO.O ►IPcsrt FOR UIWC*OUIO ►IPFI.II41 I u1sTN A+� PLAN OF PIPELINE we NCM.L Nf QRR.STATION OR NEE FIST ONONIVOL DIVE TIE INSTANCE M.OM1 TRANX FROM RAILROAD STIUCIWIC OR CENTCRUMC of FMLIC STMT CIOSSINIL MATERIALS AND INSTALLATION PER S.F. DRAWING NO. C.E. C.S..-. _.._. UNDERGROUND SIGNAL OR COMMUNICATION LIKE INVOLVED. FIBEROPTIC LIME NMOLTEO. YES _..MO...._ SNORING PLAN AND CALCULATIONS REO'D PRIOR TO CONSTRUCTION. YES...... NO__. REFERENCE TO ASSIGNED BLANKET AGREEMENT NO. PIPELINE CARRYING NON-FLAMMABLE SUBSTANCES SEE till NI 1.1*1 RAILROAD CORP.. +JK' STATION ROUTE NO. MAIN LINE @RANCH LINE OTHER --- CS. DIST.v.... 1IST. •A YALSEC.. SNP 110. OF T1IA�hICI1OSSEO N JOINT FACILITY LINETES.-...NO —. coii� 61t R,YIL....FEEIGrRANCIG1B_ COUNTY -6.L RAILROAD INSPECT REQUIRED. ESTIMATED COST .�.-.r..._._. PHONE FOIL INSPECTION REGION._ EAS 6Xa1� DRAWING NO. F `�- SHEET NO. ----- BY PIPELINE CARRYING FLAMMABLE SUBSTANCES SEE C.S. 1742 r•CxC SOUTHERN PACIFIC 'TRANSPORTATION CO. ST. LOUIS SOUTHWESTERN RY. CO. SOUTHERN PACIFIC CHICAGO ST. LOUIS CORP DATA REQUIRED FOR PROPOSED PIPELINE ACROSS OR ALONG RIGHT OF WAY roRM C.G 41701. MIST, RE"SCO JAM L ISOO M M = l- — t1 fib r] i• — ti ! C a t_ 1 — M M — I 7. DEPTH OF INSTALLATION Refer to Figure I for minimum cover depths for pipeline crossings. Pipelines laid longitudinally an railway rights —of —way. 45 feel or less from centerline of track, shall be buried not less Than 4 feel from ground surface to lop of pipe. Where pipeline is laid more than 45 feel from centerline of track. minimum cover shall be at leas) 3 feet. 8. SHUT—OFF VALVES Accessible emergency shut—oll valves shall be installed within effective distances each side of the railway as agreed to by the Chief Engieer and the pipeline company. Where pipelines are provided with automatic control stations at locations and within distances approved by the Chief Engineer, no additional valves shall be required. 9. APPROVAL OF PLANS Plans for proposed installation shall be submitted to Regional Engineer and must meet the approval of the Chief Engineer before construction begins. Plans shall be drawn to scale showing relation of proposed pipe line to railway tracks, angle of crossing, mile post location or railway survey station, rights —of —way and general layout of tracks and railway facilities. Plans shall include all appurtenant features of the pipe line, such as valves, manholes, vents, casing. etc.. located on railway property. Cross section or profile shall show pipe line and appurtenant features as to the tracks and surrounding ground. The execution of the work on railway rights —of —way shall be subject to the inspection and direction of the Regional Engineer or his authorized representative. The plans shall contain the data that is required on the application form (C.E. 41708. SH. I). The application form shall be completely filled in. 30. EXECUTION OF WORK The Pipeline Agreement and Contractors Right of Entry Agreement shall be fully executed before any work will be allowed on railway right—of—way. The execution of the work on railway rights —of —way, including the supporting of tracks, shall be subject to the inspection and direction of the Regional Engineer. A minimum of 5 days notice to railway is required prior to entry on right—of—way for construction. Table 1 Table for Determining Minimum Size of Casing TYPE OF CARRIER PIPE AND STYLE OF JOINT NOMINAL STEEL OR PLASTIC NOMINAL AWWA DUCTILE IRON WELDED V.C. PIPE SIZE MINIMUM NOMINAL SIZE TYTON I BELL -SPIGOT I MECHANICAL STEEL EXTRA STRONG CARRIER SIZE OF CASING CARRIER MINIMUM NOMINAL SIZE OF CASING 3/4 2' 4' 10' 10' 12' 8' 10' 1' 2 I/2' 6' 14' 14' 16' 10' 14' 1 I/4' 3' 1 1/2' 3 1/2' 2' 4' 2 1/2' 4 1/2' 3' 6' 3 1/2' 8' 4' B' 6' _ 10' B' 16' 16' I8' 12' I6' 10' 18' 20' 20' 14' 18' 12' 22' 22' 22' 16' 20' 14' 24' 24' 26' IB' 16' 26' 26' 28' 20' 24' 18' 28' 28' 30' 24' 26' 20' 30' 30' 32' 26'. 32' 24' 36' 36' 36' 30' 36' 30' 36' MAINLINE . 12'-0' BRANCH LINE 9'-0' INDUSTRY 9'-0' BASE OF RAIL z ¢0F TRACK IOF TRACK • J I DITCH In ui CASING PIPE ��_ CARRIER PIPE LENGTH OF CASING PIPE MIN. Casing Requirements Figure 1 Table 2 Steel Casing (Casing with Protective Cooling) NOMINAL DIAMETER (inches) MIN. WALL THICKNESS (inches) NOMINAL DIAMETER finches) MIN. WALL THICKNESS (inches) 14' B UNDER 0.188' 44' 5 46' 0.594' 16' 0.219' 48' 0.625' IB' 0.250' 50' 0.656' 20' 8 22' 0.281' 52' 0.688' 24' 0.312' 54' 0.719' 26' 0.344' 56' 8 58' 0.750' 28' 0.375' 60' 0,781' 30' 0.406' 62' 0.813' 32' 0.438' 64' 0.844' 34'a_36' 0.469' 66' 8 68' 0.875' 38' 0.500' 70' 0.906' 40' 0.531' 72' 0.938' n a I flNY Y I I C's. 1741 Z of 2 SOUTHERN PACIFIC LINES COMMON STANDARD PIPE LINES FOR NON-FLAMMABLE SUBSTANCES ACROSS OR ALONG RIGHT OF WAY 110 SCAT E ADOPTED APR. 20. 1953 ..y r r440 City of Fort Worth, Texas C))Ayar and C qu"Cit Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/6/99 **C-17519 30NE21 2 of 2 SUBJECT AWARD OF CONTRACT TO PATE BROTHERS CONSTRUCTION, INC. FOR MAINS 42 AND 54 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION (GROUP 4, CONTRACT 1) PART 9 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper -Sewer Fund. MG:j Submitted for City Manager's Office by: Mike Groomer 6140 Originating Department Head: A. Douglas Rademaker Additional Information Contact: FUND IACCOUNT CENTER (to) 6157 (from) PS46 A. Douglas Rademaker 6157 AMOUNT 541200 1 070460410180 1 $829,018.50 CITY SECRETARY APPROVED CITY COUNCIL JUL 6 1999 i 4 L iw"if City Secretary of the City of Fort Worth, Teas