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HomeMy WebLinkAbout025375 - Construction-Related - Contract - Southern Paradise Construction Company� ]� ���( ����',�RY�/ I . � �a "�d� ..r.. x �c . t./���i�,���i� � f ��� G����5 ���pf �(� C�� CON + RACT DOCUMENT AND Sf'ECIFICATIONS � � �� � � � - !�, ������������y�� �Qpy FOR CITY SECRETARY CONTRACT 1V0 . ..P��� � ������ ������'���'�' I�A�NS 19 AND 258 DRAINAGE AREA •SANiTARY �SEWER REHABILITATION y ` F � � : > �►Nb IMPROVEMENTS �����' '�(GROUP 5, CONTRACT 1), PARi 8 ,, ' UNIT 5 . , � � . PIPELINE REHABILiTATION `� SEWER PROJECT N0. PS46-0704604102�0 1 UiVIT 5- a.�.E. PRO.lECT N0. 2507 b CITY OF FORT WORTH TEXAS � � � � _. � � � � � I�ENNETN BARR MAYOR LEE C. BRADLEY, JR. P.E. � DIRECTGR, WATER DEPARTMENT BOB TERRELL CITY MANAGER HU�O A. MALANGA, P.E. DIRECTOR, TRANSPORTATIGN & PUBLlC WORKS DEPT. A. �QUGLAS R/kDEMAKER, P.E, DlRECTOR DEPARTNtENT OF ENGINEERING PREPARED BY DANNENBP,UM ENGiNEERING COr�PORATION 6421 CAMP BOWfE BLVD., SUITE 400 �ORT WORTH; TEXAS 76116 ��� ���� , ,,.....,..,. '^* ��P�� cF r�s�*�, .. �, � * . . ,�. �': ............................ . .;. . BRIAN D. O'NEILL ; i, �o � ��83980 .. .. � ��'.� y 9'•, l �,c� ' ii O,c �C6NS ,�' �� � rr �`' • ,, .. ,,,.•�yC�ti _ ��4SS�ONALE�.��' 1 �..�... r ! (� �t.�' ' �`�V��C.i�" v✓ � p�3`��� 9�i � i � �� J � ,I �� CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 to the - Plans, Specifications & Contract Documents for � Mains 19 and 258 Drainage Area Sanitary Sewer Rehabilitation and Improvements {Group 5, Contract 1), Part 8 a Unit 5 Sewer Project No. PS46-070460410250 Unit 5: D.O.E. No. 2507 � C L�J C'' f!'� C Bid Submittal Due Date: September 9. 1999 Ca� 1:30PM Addendum No. 1 Issued: Auqust 31, 1999 Prospective Bidders are hereby notified of revisions to the following: PLANS. SPECIFICATIONS. & CONTRACT DOCUMENTS PART A— NOTICE TO BIDDERS & DETAILED NOTICE TO BIDDERS This addendum shall serve as notice that the bid date for the above referenced project shall be Thursday, September 9, 1999. PART D — SPECIAL CONDITIONS Bidders are hereby advised that Item.D-11, "Indemnification" is removed from the Contract Documents in its entirety. This, Addendum No. 1, forms part of the Plans, Specifications & Contract Documents for the above referenced Project and modifies the original Plans, Specifications, & Contract Documerrts of the same. Acknowledge your receipt of this Addendum No. 1 at the following locations: (1) in the space provided below D (2) on Page B5-(7) of the Unit 5 Proposal, located in Part B- Bid Proposal (3) and note on the outer envelope of your sealed bid that you have received this acknowledgement of Addendum No. 1 Failure to acknowledge the receipt of this Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. �� RECEIPT ACKNOW DGED: By: �- Title: �F�S� � � Add ress: S% &'o ��fw� 3'7 7 S��_ F� W w1-� 1'>c.. �-cfl c� 1� Telephone: S�/ 7- 2-�`-f -Co 2-�b � � A. Douglas Rademaker, P.E. Director, Dept. of Engin e ng --- / By: ��n.�J �Yju v �, � Rick Trice, P.E. Manager, Consultant Services i� T� . TABLE OF CONTENTS PART A Notice to Bidders Detailed Notice to Bidders Special Instructions to Bidders PART B Unit 5- City of Fort Worth M/WBE Specifications Unit 5 - Proposal Summary of Bids - Unit 5 PART C General Conditions PART C-1 Supplementary Conditions to Section C PART D Special Conditions PART DA Additional Special Conditions PART E Specifications / Easements / Permits / SRF Requirements PART F Sonds a. Payment Bond b. Performance Bond c. Maintenance Bond Certificate of Insurance Contractor Compliance with Worker's Compensation Law PART G Contract � _I� � D � D I� � � � � � J � � � � � PART A NOTICE TO BIDDERS DETAILED NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO B�DDERS � � � � NOTICE TO BIDDERS Sealed Proposals for the following: Mains 19 and 258 Drainage Area Sanitary Sewer System � Rehabilitation and Improvements � (Group 5, Contract 1), Part 8 Unit 5 � Pipeline Replacement Sewer Project No. PS46-070460410250 � UNIT No. 5 (DOE # 2507) 1,353 L.F. 8" Sanitary Sewer Replacement 55 L.F. 10" Sanitary Sewer Replacement 7 EA. � Std. 4' Diameter Manhofes 296 C.Y. Rock Riprap ■J � 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., Thursday, September 9,1999, and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. J � ■J ' � !J � � � � � � Plans Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents will be provided to prospective bidders for a deposit of fifty ($50.00). These plans and documents contain additional information for prospective bidders. Pre-bid conference will not be held. For additional information, please contact Mr. Brian D. 0'Neill, P.E. at (817) 763-8883, or Mr. John Boyer, Project Manager, at (817) 332-5474. Advertising Dates: Thursday, Auqust 12,1999 Thursday, August 17,1999 NTB-1 � � 'I � `J D J Detailed Notice to Bidders Sealed Proposals for the following: Mains 19 and 258 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 1), Part 8 Unit 5 Pipeline Replacement Sewer Project No. PS46-070460410250 UNIT 5 - L-7536 D.O.E. PROJECT N0. 2507 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., Thursday, September 9,1999, and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plan Specifications and Contract Documents for this D project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents will be provided to prospective bidders for a deposit of fifty ($50.00); such deposit will be refunded if the document is � retumed in good condition within ten (10) days after bids are opened. Additional sets may be purchased on a non-refundable basis for $50.00 per set. These plans and documents contain additional information for prospective bidders. J � D � J J J � All bidders will be required to comply with Provisions 5159a of "Vernon's Annotated Civil Statues" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7400, prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instruction to Bidders. A pre-bid conference will not be held. 7he major items of work on the above referenced project include approximately: UNIT No. 5 (DOE # 2507) 1,353 L.F. 8" Sanitary Sewer Replacement 55 L.F. 10" Sanitary Sewer Replacement 7 EA. Std. 4' Diameter Manholes 296 C.Y. Rock Riprap DNTB (1) � � � J �I'� D � D Submission of Bids: The City reserves the right to reject any and/or all bids and waive any and/or irregularities. No bid may be withdrawn until the expiration of ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations to be made as to the responsibility of the bidder to whom it is proposed to award the contract have been verified. Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposed Form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering office at (817) 871-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract Odocuments at any time. Bidders must complete the proposal section(s) and submit the complete specification book or face rejection of the bid as non-responsive. , ,I 1 J J � D J � � sJ � Any contract or contracts awarded under this Notice to Bidders 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 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. 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 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 bid opening. 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. The managing department is the Department of Engineering. ,I For additional information, contact Mr. Brian D. 0'Neill, PIE., at the offices of Dannenbaum Engineering Corporation, (817) 763-8883 or John Boyer, Project Manager at the City of Fort Worth, (817) 332-5474. �.. Advertising Dates: Thursday, August 12,1999 Thursday, August 19,1999 DNTB (2) %on� S�� o a Rick L. Trice, P.E. Manager, Consultant Services � � ■J SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT). D 1. PRE-QUALIFICATION REQUIREMENT: Ali contractors submitting bids are required to be pre-qualified by the City of Fort Worth Water Department prior to submitting bids. This pre- qualification process will establish a bid limit based on a technical evaluation and financial D analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, and 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. D(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 D an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more that one (1) year old. In the case that a bidding date falls within the time a new statement � is being prepared, the previous statement shall be updated by proper verification. (b) For an experience record to be considered to be acceptable for a given project, it must D reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. � (c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Department project. D (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. D(fl Any proposals submitted by a non-pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall be considered. � =1 � J ■l (g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary pre-qualification. -1- � � J �I D � 1 � � •l � � � �J J =l �l � J � 2, BID SECURITY: A cashier's check or an acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five percent (5°/a) of the largest possible total of the bid submitted must accompany bid, and it is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included On the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten (10) times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10) the totai capital and surplus. 3 4 BONDS: A performance bond and payment bond each for one hundred percent (100%) of the contract price will be required, Reference C 3-3.7, WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas and as set forth in the Contract Documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NON-RESIDENT SIDDER: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non-resident bidder unless the non-resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidtler by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non-resident's principal place of business is located. "Non-resident 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 non-resident bidders in order for the bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. � _2_ � D Q sJ .J � D �I D D � � � '� PAYMENT: If the contract is $25,000 or less, the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive branch of the Federal government, Contractor covenants that neither it nor any of� its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement, or discharge of employees in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, . retirement plan or statutory requirement, Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their' behalf, shall �specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. 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 subcontractor's alleged failure to comply with the above referenced Policy conceming age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on; the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, State and Local laws concerning disability and will defend, indemnify, and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this agreement. D 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of Fort Worth ordinance No. 11923, the City of Fort Worth has goals for the participation of minority 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 GOOD FAITH EFFORT FORM, J ■1 � -3- �] � � ("Documentation") as appropriate. The documentation must be received no later than 5:00 p.m., five (5) City business days affer bid opening. The bidder shall obtain a receipt from the appropnate employee of the managing department to whom delivery was made. Such receipt � shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. � Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Women Business Enterprises (WBE) on the contract and payment thereof. Contractor further agrees �1 to permit any audit anlor examination of any books, records or files in its possession that will �1 substantiate the actual work performed by the 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) andlor 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 not less than three (3) years. J � � � �] � � � � J � � � � 1 � � � . � . . UNI T 5 M/WBE SPECIFICATIONS PROPOSAL ' � � 1 � 1 w � ' ' LJ 1NDIVIDUAL M/WBE DOCUMENTATION MUST BE COMPLETED W1TH THE PROPOSAL. � I City of Fort Worth � i� Minority and Women Business Enterp�i�I�T�'ecifications I ��IN�/C F�l ATTACHMENT 1A Page 1 of 2 � . MBE/WBE UTILlZ���N �v�-� �.c �os�os�.;se �o�St�`�..�..t:� L°n ., ��c. ' � 9 SEp � _ �- � `�`� �PRIME COMPANY NAME BID DATE M-�q qaSi� (�,�,.,-�� C�,�,._�1)�1�: g.C�;t-�' '2stib-��o�v�o�t�oa�p PROJECT NAME PROJECT NUMBER �� CIT1"S M/1�VBE PROJECT GOAL: `-� o�o I I M/WIiE PERCENTACE ACIiiEVED: ' � I Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department �on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the tiid being considered non-responsive to specifications. � ` Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address, and Telephone No. C. S. �: C�� �on � 4 ��� ��._�.b �.��t. .�..�__ _�,c���,_�.�.s��c����.�.�_ C�� ��.�ssa4=._a �.�� .w .,�.w _ ����-..�.w; � _.m�c��. A11� Sc�c� . �,�'t-.• v� oc�..� `�.X... �.Sa.i_'�.� C �.. _._..____ Scope of Work (*) U ~ � � 00 �.., o U x Z r= � c,9�.�\ �� � ��� �o.�.�..�: � � 0. q���e�a� � __..._.�_�._.___.________ __._ Supplied(") �, � .�j V a> a" N� �'�O,000: o0 �\p� ovc� . o� M/WBEs must be located in the 9(nine) county marketplace or currently doing business in the marketplace at the time of bid. `) 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 M/WBE goal. '") Identify each Tier level. Tier: Means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 1" tier, a payment by a subcontrector to its supplier is considered 2nO tier. Q • THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID a OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. 6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department � � I� '� J � Cit�y of Fort Worth Minority and Women gusiness Enterprise Specifications MBE/WBE UTILIZATlON ATTACHMENT 1A Page 2 of 2 Company Name, Contact Name, ' Certified � Specify Alf Contracting Specify All. Items to be Dollar Amount, Address, and Telephone No. ' U � Scope of Work (") Suppiied(") ,�. t � � o 'o � � �. o • a m z �' x � �_ � +�. � _... .:....�_.. 0 C 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) andlor WBE(s) on this contract, by an authorized officer or �employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material �breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. AL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD � �� � i clo_ L. • l-��\\ o.c� c8.. �Authorized Si�ature Printed Signature -- �re1� ds�c� �. �o.r�. �Title , c� `o,ci,.s�.�..�g ls��l S't., • � . , � . Company Name � ��oa� ��„�,. 3� T s Address ����,.; -�x City/State/Zip Code � � '� t$ `1c� �►� Contact Name and Title (if different) �1 `j -- � �1'�l - (n � � D Telephone Number (s) �s�� - a�� - Zaa.� Fax Number 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 Rev. 6/2/98 � � Part B UNIT 5 PROPOSAL DTHIS PROPOSAL MUST NOT BE REMOVED FROM THIS BOOK OF CONTRACT DOCUMENT �� � � T0: Mr. Bob Terrell City Manager Fort Worth, Texas Proposal For: The furnishing of all materials specified to be furnished by the City, equipment and labor for the construction of L-7536 and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: � Sanitary Sewer Main-258 Drainage Area Rehabilitation and Sanitary Sewer Improvements (Group 5, Contract 1), Part 8 D Unit 5 Pipeline Replacement Sanitary Sewer Project No. PS46-070460410250 D D.O.E. No. 2507 UNIT 5: L-7536 � Pursuant to the foregoing "Notice to Bidders" the undersigned bidder has thoroughly examined the Contract Documents, including Drawings, special Contract Documents, the General Contract Documents, and General Specifications for Water Department Projects, and the site of the project, understands the amount of work to D be done, and hereby proposes to do all work, fumish all labor, equipment and matenals necessary to complete all the work as provided in the drawings and specifications and subject to the inspection and approval of the Engineering Department Director of the City of Fort Worth requirements. Upon acceptance of this proposal by � the City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond, payment Bond, Maintenance Bond, and such other bonds, if any, approved by the City of Fort Worth for the performing and completing of said work within the time stated and for the following sums, to wit: D, � � J � � � B5- (1) 1 UNIT5 PAY APPROX DESCRIPTION OF ITEM WITH BiD ITEM QUANTITY PRICES WRITTEN IN WORDS (Furnish and install, including all appurtenant work, complete in place the following ifems.) 1. 35 L.F. 10" Sanitary Sewer Pipe * (All Depths) � UNIT PRICE --�� —�' J� Dollars �s °° N v Cents $ � 2. 20 L.F. 10" CL 51 D.I.P. Sanitary Sewer Pi e (All Depths) � �7uT�t` —,�i�" � 3. 898 L.F 8" Sanitary Sewer Pipe * (All Depths) � ��t— T�-i 6Zr-�F�- o �— Dollars �o Cents $ �� TOTAL AMOUNT � ��2s:°� � 1SD0•v� 3 S. mo �`3 �, r Z�. �'� Dollars ,� o Cents $ ��� $ �a ' �' � 4. 455 L.F. 8" CL 51 D.I.P. Sanitary Sewer Pipe (All Depths) %� -�T r�-~�-� 77�� � f� ��� 5. 20 L.F. 8" CL 51 D.I.P. Sanitary Sewer Pipe by other than Open Cut ��?.�c�J7�t —�r� .�o � 20 L.F. 8" PVC Sanitary Sewer Pipe by other than Open Cut s���-����1 � 7. 7 EA. 8. 22 V. F. O� C 14'll�►� Dollars ��" ' _ a� Cents $,�y�-��- $ � Dollars o0 Cents $ �S Dollars o0 Cents $ G S Construct Std. 4' Dia. Sanitary Sewer Manhole ���� �iv�•,��� Dollars an .u� Cents $1.�0 0• 4' Dia. Std. Sanitary Manhole (Extra Depth) �it,E= �/v �, c�2r-�P Dollars o� �n Cents $ �Oa- *Bidder shall complete City approved Product List on page B5-(4) B5- (2) p � / S 40. � l 3Do• � o c l� .S`� �b V� � 2 Z �O va � I I I � I I � � � � � � � � 1 1 � � UNIT5 PAY APPROX DESCRIPTION OF ITEM WITH BID 17EM QUANTITY PRICES WRITTEN IN WORDS (Fumish and install, including all appurfenant work, complete in place the following items.) 9, 7 EA. Watertight Manhole Inserts UNIT TOTAL PRICE AMOUNT ��a— }f-v,�m/� Dollars no 7�0 0� �a Cents $ �� � $ 10. 7 EA. Concrete Collars %e�o !�w U��o Dollars oa � ,�.� Cents $��• $ � "��� 11. 20 L.F 12. 1 EA. 6" Sanitary Sewer Service � Lead �� 2� Doliars �o �vb Cents $ 30. 6" Sanitary Sewer Service Connections � p4. �T $ �� }�,,� �/Z,� Dollars oa •� � a Cents � 3O°' $ � ��� 13. 3 EA 14. 100 L.F 15. 1,279 L.F. 16. 1,074 L.F 17. 7 EA Remove Existing Manhole .�i vE-- f�v•� ��2� Dollars � � � Cents $ S'� 4" Topsoil, Complete in Place �c�- Dollars o0 k--n Cents $ S' Hydromulch Seeding, Complete in Place �`zu� Dollars , o � Cents $ Z' Trench Safety System, (For depths greater than 5') p av� Dollars � o * �b Cents $ ' Manhole Vacuum Test QN� t��►up,2� Dollars ��� o0 u o � Cents $ *Bidder shall complete City approved Product List on page B5=(4) 65- (3) � %.SOd • °" $ SOC�• �� � �Ssg: �o � /0 7� �' � �0 0. ° � � I � � � � � � � � � � � � � � � I � UNIT 5 PAY APPROX DESCRIPTION OF ITEM WITH BID UNIT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE (Furnish and install, including all appurtenant work, complete in place fhe following items.) 18. 1,408 L.F. Post Construction TV Inspection �NE Dollars , o � Cents $ �' 19. 6 EA. Cut, Plug, & Abandon Existing Sewer Line %y-fZC�— .�w. p�,rp Dollars 300, oa Nd Cents $ 20. 124 L.F. Concrete Encasement �fi<< 2Tf� ,vo 21. 296 C.Y Totai Bid Unit 5 Rock Riprap -'/(�-l�� �, �3r �� ,vv TOiAL AMOUNT � � /�OS � O O, ao Dollars ,o ,� Cents $ 30• � 3 � Z4• ��-�� 2�� ��d � Dollars ��_� �o Cents $� $ � � << , - �r17, rdy,�� � %�'-+� , G `' G• A'� ,>'�� . �� . *Bidder shall complete City approved Product List on page 65-(4) B5- (4) CITY APPROVED PRODUCT FOR * �*CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED � Standard Spec. No, Size � � � E1-31 4" through 30" E1-25 4" through 15" E1-27 4" through 15" � E1-28 18" through 27" E100-2 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. Failure to provide the information required above may result in rejection of bid as non-responsive. Only products listed above will be allowed for use in this project. Any substitutions shall result in rejection of bid as non-responsive. B5- (5) � N� D � ■J D �J D U � �., � 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 this Contract. The attached bid security in the amount of is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has obtained 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 thoroughly and understands all the requirements and conditions of those General Documents, and the specific Contract Documents and appurtenant drawings. The undersigned , assures that its emplvyees and applicants for employment and those of any labor organization, subcontractors, or employmenf 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 the City Ordinance. No. 7400. The Bidder agrees to begin construction within ten (10) calendar days after issue of the work order, and to complete the contract for Unit 5, ninety (90) calendar days after beginning construction as set forth in the written work order to be fumished by the Owner. (Complefe A or B below, as applicable) I_1 O D � ,� ` B. � � � f D 0 D D � The principal place of business of our company is in the State of Non-resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. The principal place of business of our company or our parent company or majority owner is in the State of Texas, 65- (6) Receipt is acknowledged of the following addenda: � �Addendum No. 1 ' Addendum No. 2 Addendum No. 3 Respectfully submitted; c �� ` - Bv .���v,� �.. Ko(la....�_ ���s, d�-�-- Title �vTl-1�.��.1 ��i>c71 SE ��}C.��O� �U. ��° Z �w� �7% �b�--Y� � �� � w�rn ;� 7~s� 76 // � Address (SEAL) If Bidder is Corporation B5- (7) � 1 1 1 ' � PART C GENERAL CONDITIONS � � � � � � � � � � � � � � � � � f� L � � � L� 1 � TABLE OF CONTENTS C1-1 DEFINITIONS C1- 1.1 Definition of Terms C1- 1.2 Contract Documents C1- 1.3 Notice to Bidders C1- 1.4 Proposal C1- 1.5 Bidder C1- 1.6 General Conditions C1- 1.7 Special Conditions C1- 1,8 Specifications C1- 1.9 Bond C1-1.10 Contract C1-1.11 Plans C1-1.12 City C1-1,13 CityCouncil C1-1.14 Mayor C1-1.15 City Manager C1-1.16 City Attorney C1-1,17 Director of Public Works C1-1.18 Director, City Water Department C1-1.19 Engineer C1-1.20 Contractor C1-1.21 Sureties C1-1.22 The Work or Project C1-1.23 Working Day C1-1,24 Calendar Day C1-1.25 Legal Holiday C1-1.26 Abbreviations C1-1.27 Change Order C1-1.28 Paved Streets and Alleys C1-1.29 Unpaved Streets and Alleys C1-1.30 City Streets C1-1.31 Roadway C1-1.32 Gravel Street (1) PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 C1-1(1) C1-1(1) C1-1(2) C1-1(2) C1-1(2) C1-1(2) C1-1(2) C1-1(2) C1-1(2) C1-1(3) C1-1(3) C1-1(3) C1-1(3) C1-1(3) C1-1(3) C1-1(3) C1-1(4) C 1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1(5) C1-1(6) C1-1(6) C1-1(6) C1-1(6) C1-1(6) C1-1(6) L C2-21NTERPRETATION AND PREPARATION OF PROPOSAL C2- 2.1 Proposal Form C2- 2.2 Interpretation of Quantities C2- 2.3 Examination of Contract Documents and Site C2- 2.4 Submitting of Proposal C2- 2.5 Rejection of Proposals C2- 2.6 Bid Security C2- 2.7 Delivery of Proposal C2- 2.8 Withdrawing Proposals C2- 2.9 Telegraphic Modification of Proposals C2-2.10 Public Opening of Proposal C2-2.11 Irregular Proposals C2-2.12 Disqualification of Bidders C3-3AWARD AND EXECUTION OF DOCUMENTS C3- 3.1 Consideration of Proposals C3- 3.2 Minority Business Enterprise Women-Owned Business Enterprise compliance C3- 3.3 Equal Employment Provisions C3- 3.4 Withdrawal of Proposals C3- 3.5 Award of Contract C3- 3.6 Return of Proposal Securities C3- 3.7 Bonds C3- 3.8 Execution of Contract C3- 3.9 Failure to Execute Contract C3-3.10 Beginning Work C3-3.11 Insurance C3-3.12 Contractor's Obligations C3-3.13 Weekly Payroll C3-3.14 Contractor's Contract Administration C3-3.15 Venue C4-4SCOPE OF WORK C4- 4.1 Intent of Contract Documents C4- 4.2 Special Provisions C4- 4.3 Increased or Decreased Quantities C4- 4.4 Alteration of Con�ract Documents C4- 4.5 Extra Work C4- 4 6 Schedule of Operations C4- 4:7 Progress Schedules for Water and Sewer Plant Facilities C2-2(1) C2-2(1) C2-2(2) C2-2(3) C2-2(3) C2-2(3) C2-2(4) C2-2(4) C2-2(4) C2-2(4) C2-2(4) C2-2(5) C3-3(1) C3-3(1) C3-3(1) C3-3(2) C3-3(2) C3-3(2) C3-3(2) C3-3(4) C3-3(4) C3-3(4) C3-3(4) C3-3(7) C3-3(7) C3-3(7) C3-3(8) C4-4(1) C4-4(1) C4-4(1) C4-4(2) C4-4(2) C4-4(3) C4-4(3) �2) � , C5-SCONTROL OF WORK AND MATERIALS C5- 5.1 Authority of Engineer C5- 5.2 Conformity with Plans �' C5- 5.3 Coordination of Contract Documents � C5- 5.4 Cooperation of Contractor C5- 5.5 Emergency and/or Rectification Work C5- 5.6 Field office � C5- 5.7 Construction Stakes � C5- 5.8 Authority and Duties of Inspectors C5- 5.9 Inspection C5-5.10 Removal of Defective and Unauthorized Work � C5-5.11 Substitute Materials or Equipment C5-5.12 Samples and Tests of Materials � C5-5.13 Storage of Materials C5-5.14 Existing Structures and Utilities � C5-5.15 Interruption of Service C5-5.16 Mutuat Responsibility of Contractors � C5-5.17 Cleanup C5-5.18 Finallnspection �! C6-6LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6- 6.1 Laws to be Observed C6- 6.2 Permits and Licenses C6- 6.3 Patented Devices, Materials and Processes r C6- 6.4 Sanitary Provisions C6- 6.5 Public Safety and Convenience � C6- 6.6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6- 6.7 Railway Crossings � C6- 6.8 Barricades, Warnings and Watchmen C6- 6.9 Use of Explosives, Drop Weight, etc. � C6-6.10 Work Within Easements C6-6.11 Independent Contractor C6-6.12 Contractor's Responsibility for Damage Claims � C6-6.13 Contractor's Claim for-Damages C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6.15 Temporary Sewer Drain Connections C6-6.16 Arrangement and Charges of Water Furnished by City � C6-6.17 Use of a Section of Portion of the Work C6-6.18 Contractor's Responsibility for Work � C6-6.19 No Waiver of Legal Rights C6-6.20 Personal Liability of Public Officials C6-6.21 State Sales Tax ' � (3) C5-5(1) C5-5(1) C5-5(2) C5-5(2) C5-5(3) C5-5(3) C5-5(3) C5-5(3) C5-5(4) C5-5(4) C5-5(5) C5-5(5) C5-5(6) C5-5(6) C5-5(6) C5-5(7) C5-5(7) C5-5(8) C6-6(1) C6-6(1) C6-6(1) C6-6(1) C6-6(2) C6-6(3) C6-6(3) C6-6(3) C6-6(4) C6-6(5) C6-6(6) C6-6(6) C6-6(8) C6-6(8) C6-6(8) C6-6(8) C6-6(9) C6-6(9) C6-6(9) C6-6(9) C6-6(10) � C7-7PROSECUTION AND PROGRESS C7- 7.1 Subletting C7- 7.2 Assignment of Contract C7- 7.3 Prosecution of the Work C7- 7.4 Limitations of operations C7- 7.5 Character of Workman and Equipment C7- 7.6 Work Schedule C7- 7.7 Time of Commencement antl Completion C7- 7.8 Extension of time of Completion C7- 7.9 Delays C7-7.10 Time of Completion C7-7.11 Suspension by Court Order C7-7.12 Temporary Suspension C7-7.13 Termination of Contract due to National Emergency C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7,15 Fulfillment of Contract C7-7,16 Termination for Convenience of the Owner C7-7.17 Safety Methods and Practices C8-8MEASUREMENT AND PAYMENT C8- 8,1 Measurement of Quantities C8- 8.2 Unit Prices C8- 8.3 Lump Sum C8- 8.4 Scope of Payment C8- 8.5 Pa�tial Estimates and Retainage C8- 8.6 Withholding Payment C8- 8.7 Final Acceptance C8- 8.8 Final Payment C8- 8.9 Adequacy of Design C8-8.10 General Guaranty C8-8.11 Subsidiary Work C8-8.12 Miscellaneous Placement of Material C8-8.13 Record Documents C7-7(1) C7-7(1) C7-7(1) C7-7(2) C7-7(2) C7-7(3) C7-7(3) C7-7(3) C7-7(4) C7-7(4) C7-7(5) C7-7(5) C7-7(6) C7-7(6) C7-7(8) C7-7(8) C7-7(11) C8-8(1) C8-8(1) C8-8(1) C8-8(1) C8-8(2) C8-8(2) C8-8(3) C8-8(3) C8-8(3) C8-8(4) C8-8(4) C8-8(4) C8-8(4) (4) W � � � PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: CI-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 PART B - PROPOSAL PART C - GENERAL CONDITIONS � PART D - SPECIAL CONDITIONS � PART E - SPECIFICATIONS ' PERMITS/EASEMENTS �+ PART F - BONDS PART G - CONTRACT � b � �� � ai (Sample) (Sample) (CITY) {Developer) (Sample) (Sample) White White Canary Yellow Brown Green E1-White E2-Golden Rod E2A-White Blue White White SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A-NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C -GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E -SPECIFICATIONS PERMITS/EASEMENTS PARTF-BONDS PART G -CONTRACT PART H -PLANS (Usually bound separately) �C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising ° mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. � � CI-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which C1-1 (1) � 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. CI-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. CI-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. CI-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. CI-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. CI-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and faithful performance of the contract antl 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) CI-1.10 CONTRACT; The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understantling of the two contracting parties about the project to be completed under the Contract Documents. CI-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 ihe Contract Documents, but they are a part of the Contract Documents just as though they were C1-1 (2) r ' bound therein. CI-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the �" Texas State statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. CI-1.13 CITY COUNCIL: The tluly elected and qualified governing body of the City of Fort Worth, Texas. CI-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. `�' CI-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, �'` Texas, or his duly authorized representative. � CI-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. CI-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. CI-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. � CI-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. CI-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. " CI-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 fulfiliment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. �,, CI-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. CI-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 � C1-1 (3) � 6:00 p,m., with exceptions as permitted in paragraph C7-7.6. CI-1.24 CALENDAR DAYS: A calendar tlay is any day of the week or month, no days being excepted. CI-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9 New Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Indepentlence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in Nov. Thanksgiving Friday Fourth Friday in November Christmas Day December 25 Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is tleclared by the City Council, falis 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, CI-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association of State Highway Transportation Officials ASCE - American Society of Civil Engineers LAW - In Accordance With ASTM - American Society of Testing Materials AWWA - American Water Works Association ASA - American Standards Association HI - Hydraulic Institute Asph. - Asphalt Ave, - Avenue Blvd. - Boulevard CI - Cast iron CL - Center Line GI - Galvanized Iron Lin. - Linear or Lineal Ib. - Pound MH - Manhole Max. - Maximum MGD - CFS - Mono - Min. - % - I.D. - O.D. - Elev. - F - C - In. - Ft. - St. - CY - Yd. - L,F. - D.I. - Million Gallons Per Day Cubic Foot Per Second Monolithic Minimum Percentum Inside Diameter Outside Diameter Elevation Fahrenheit Centigrade Inch Foot Street Cubic Yard Yard Linear Foot Ductile Iron C1-1 (4) �7 tCI-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°/o of the amount of the particular item or items in the onginal proposal. � All "Change Orders" shall be prepared by the City from information as necessary fumished by the Contractor. � CI-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shali 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 materiai. � 4. Concrete, with or without separate base material. 5. Any combination of the above. ' CI-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." ii � ' � � , � CI-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. CI-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. CI-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C1-1 (5) � � � SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL �, SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL � C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space � for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner � will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior " to the hour for openinq 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. For an experience record to be consitlered to be acceptable for a given project, i� 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 qualificatton to bid on any Fort Worth Water Department pro�ect. iThe prospective bidder shall schedule the equipment he has available for the project and state that he wiil rent such additional equipment as may be required to complete the project on which he submits a bid, � C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only � and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents antl 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. L C2-2 (1) l__] Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time 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 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 applicabie 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 contempiated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of wortls or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a'Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" antl 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 Bidderwill within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract C2-2 (2) � � is awarded or other disposition is made thereof. The bid security of all other bidders may be retumed promptly after the canvass of bids. � C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by ' its proper Bid Security, to the City Manager or his representative in the official place of business as set forth . in the "Notice to Bidders. "It is the Bidder's sole responsibility to deliver the proposal at the proper time to the � proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shali be in a sealed envelope plainly marked with the word � "PROPOSAL," and the name or tlescription 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 �,i which non-consideration requests have been properly filed �, 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 tluly 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 proposa! 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 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 proposais 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 � C2-2 (3) � 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 E 3. Financial Statement showing the financial condition of the bidder as specified in Part "A"- Special Instructions. 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. 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 tlisqualified under the requirements stated herein, shall be set aside and not opened. C2-2 (4) � �. 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 may be considered for the best interest of the Owner. � C3-3,2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon �„ request by 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 Df not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall compiy with Current City Ordinance � prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and, at his request, will be � provided assistance by the City of Fort Worth's Equal Employment officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. � C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. � C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. C3-3(1) � 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: 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 bontl 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 untii 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, 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 faiihful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, �egular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made, OTHER BONDS: Such other bonds as may be required by these Contract Documents shail 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 bontl written by any C3-3(2) � one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. � Should any surety on the contract be determined unsatisfactory at any time by the owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the owner. The contract shall not be operative nor will any payments �"` be due or paid until approval of the bonds by the owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has 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 annui the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately � determine the amount of damages occurring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) tlays, 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. r� 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 Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. � C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the � � Owner. The prime Contractor shall be responsible for tlelivering to the owner the sub-contractors' certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the � intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. � a. COMPENSATION INSURANCE: The Contractor shall maintain, tluring the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of �! employees engaged in hazardous work on the project under this contract is not protected - under the Workers' Compensation Statute, the Contractor shall provide adequate � � C3-3(3) lJ employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain-during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. 2, 3. 4. 5. 6. Contingent Liability (covers General Contracfor's Liability for acts of sub- contractors). Blasting, prior to any blasting being done. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). Damage to untlerground utilities for $500,000. Builder's risk (where above-ground structures are involved). Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, comprehensive Automobile Liability insurancE in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. 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. C3-3(4) � � 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 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 settie 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 o� 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 CONTRACTORS 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 wiil 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 CONTRACTORS 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 shail 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 , 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 Iocal authority shall be made in writing to the Engineer in � C3-3(5) l�! 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(6) � l� �` SECTION C4-4 SCOPE OF WORK PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the tlefinite intention of these Contract Documents to � provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the � Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all � labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution �,; and completion of the project. ^ C4-4.2 SPECIAL PROVISIONS; Should any work or conditions which are not thoroughly and satisfactorily � stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special � Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. � � C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or sho�ten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. � Such increased or decreased quantity shall not be more than 25 percent of the contempiated 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 entitied to a revised consideration upon that portion of the work above or � below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as 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, 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 originai 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 � C4-4 (1) � � � 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. An agreetl lump sum. 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 suggested by the Owner and shall give the Owner access to all accounts, biils, 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 pa�ties. 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 wntten orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolis covering all labor and materiais 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 initiated by a'change order' shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, rippie or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4 (2) � � 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 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 r, 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 inteNals 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 shalf review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requ�rements. � � i �3 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. � 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. Thirty tlays shall be used for submittal review unless otherwise specified. � C4-4 (3) � The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and pre-acceptance activities and events in their logical sequence for equipment and materials. Preparation and transmittal of submittals. 5. 6. 7. 8. 9. 10. Submittal review periods. Shop fabrication and delivery. Erection or installation. Transmittal of manufacturer's operation and maintenance instructions. Installed equipment and materials testing. Owner's operator instruction (if applicable). Final inspection. Operational testing. 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 tlemonstrating 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 (4) � � 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, overali 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 incidenf therefo, 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 contlition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. � In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross- � sections, finish, and dimensions shown on the plans or any other requirements 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. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and � any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over � specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shail 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 tleemed 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. �' C5-5 (1) � 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 an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shali be capable of reading and understanding the Contract Documents and shall receive and fuifill instructions from the owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of 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 n�ght, 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. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may C5-5 (2) � Ebe established for the Contractor's use or guidance shall be preservetl by the Contractor until he is authonzed by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or wiilfully 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 report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work rw 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 wiil 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 iri materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or 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. ' � � � � 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 tlirected. 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 wntten authority, will be considered as unauthorized and C5-5 (3) r 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 pa�t of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer wiil 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 tleducted from any money due or to become due to the Contractor. Failure to require the removal of any tlefective 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 pre-construction 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 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, or as 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 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 specifietl, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner, In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials, C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5 (4) L�] � C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and tlimensions 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 ali such structures and utilities on the plans or to show them in their exact location. It is mutually agreed � that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special � works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. � It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to � protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least, forty eight (48) hours in advance of construction � including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: �i 1. Notify the Water Department's Distribution Division as to location, time, and schedule of � service interruption. 2. Notify each customer personally through responsible personnel as to 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 doorknob. 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 interrupted on between the hours of and . This inconvenience will be as short as possible. Thank you, � Contractor � Address Phone � C5-5 (5) � � b, Emeraencv: 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 tlamage 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 ciaim against the Owner on account of any tlamage 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 materiais accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a tlaily routine established to the satisfaction of the Engineer. Twenty-four hours 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 unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderiy condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shail be disposed of at locations satisfactory to the Engineer, The Contractor shall thoroughly clean all equipment and materials installed by him and shall tleliver 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 INSPECTIOh: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed antl final cieanup 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. Afte� such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work, C5-5 (6) � ' 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 A 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 _:y by himself or his employees. 4J � � � � � � � ' � � � 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 tlesires 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. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness antl 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 City shall be strictly complied with. 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. C6-6 (1) 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 ail 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 antl 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, 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 tlue 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 seroice. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over tlitches 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 C6-6 (2) � � 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 antl 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 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. � n � � � C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way on any railway, the City wilt 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 pubiic place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such w�tchmen, 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 visibie burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep ped�strians 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 111980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways' issued under the authority of the "State of Texas Uniform Act Regulating Tra�c on Highways", codified as Article 6701d Veron's Civil _ Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. � The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and, Public Works department, Signs and � Markings Division 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 completetl to the extent that the permanent sign can be re-instailed, 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 : complete�. � C6-6 (3) � � ;. 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 tlamage 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 weighs, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the owner, not less than twenty-four hours in advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marketl 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 adtlitional 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 antl 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 C6-6 (4) � construction operations. The Contractor shall be responsible for the preservation of and shall use 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 contluits, 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 be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or �"! method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, � omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution � thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such prope�ty 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 prope�ty 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 proposal. Therefore, no separate payment shail 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 hazartlous 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 it's 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 C6-6 (5) nothing herein shall be construed as creating a partnership or joint enterprise between owner and Contractor, C6-6.12 CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by 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; antl said Contractor does hereby covenant and agree to assume all liability and responsibility of owner, iYs 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, 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 damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, 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 Depa�tment, 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 and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance 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. C6-6 (6) � � 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 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 CONTRACTORS 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 tlays 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 Ion 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 pubiic 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 pump�ng facilities and temporary outlets or diversions. ' The Contractor, at his own cost and expense, shall construct su�h troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary � connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a I satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. I 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 shail 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. � C6-6 (7) ,-- (� � The Contractor's responsibility in the use of all existing fire hydrant andlor valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. 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 CONTRACTORS RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO 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 t� 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 Comptroiler rulings pertaining to the Texas Limited Sales, Excise, antl 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. I Limited Sale, Excise and Use Tax permits and information can be obtained from: � Comptroller of Public Accounts Sale Tax Division Capitol Station �" Austin, TX 1 C� � ' � � �,. � i 1 � ! 1 C6-6 (9) J �id �� � SECTION C7-7 PROSECUTION AND PROGRESS: PART C - GENERAL CONDITIONS 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 superintendence, 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 tlone 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 I 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. �A 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 V' annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the ' Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. , C7-7,3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably � in chart or diagram form, or a brief outlining in detail and step by step the manner of 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 dunng each monthly estimate period, � The Contractor shall commence the work to be performed untler 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 such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such � specification or approvai by the Engineer shall not relieve the Contractor from the full responsibility of the - complete performance of the Contract. W C7-7 (1) � The contract time may-be changed only as set forth in Section C7-7,"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 as available. The Contractor may bnng 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 assignetl to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or 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 shatl have sufficient skill, ability, and experience to properly perform the work assigned to them antl operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work ail 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 po►tion 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 CI-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 0 A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the proceeding Thursday. 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. C7-7 (2) � � 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 CI-1.24 and the Contractor may work, as he so desires. �ol� � r C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the work specified in the Contract (within the time set forth in the Work Order). Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the owner. C7-7,8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of �; completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred, Should an extension , of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseeable causes �'" beyond the controi 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 materiais 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 fo�th 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 any, which is to be fumished 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 shail 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 L C7-7 (3) r�� 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 tlischarge 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 wili be specified by the City in the Proposal section of the contract documents The number of days syndicated shall be realistic estimate of the time required to complete the work coveretl by the specific contract being bid upon. The amount of time so stated by the successful bitlder 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 $5,001 $15,001 $25,001 $50,001 $100,001 $500,001 $1,000,001 $2,000,001 to to to to to to to and over $15,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $2,000,000 inclusive inclusive inclusive inclusive inclusive inclusive inclusive inclusive $35.00 $45.00 $63.00 $105.00 $154.00 $210.00 $315.00 $420.00 $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 tlifficult of accurate estimation, and that the "Amount of Liquitlated 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 entitletl to additional compensation by virtue of such court ordsr. 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 C7-7 (4) � � work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment andlor construction crews. 1 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 that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be � allowed. � No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. � The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the = work operations promptly when notified by the Engineer to so resume operations. �' C7-7,13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National � Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work twith reasonable continuity for a period of two months, the Contractor shall within seven days notify the C;ity 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 Centractor 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 compiy with the iequest, and the termination shail 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: � � !� C7-7 (5) ',;; r . � a. Failure of the Contractor to commence work operations within the time specified in the work Order issued by the Owner. , b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time, ' r� 0 Failure of the Contractor to provide and maintain su�cient labor and equipment to properly execute the working operations. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. 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. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any tlefects of any nature the correction of which has been directed in writing by the Engineer or the Owner. 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. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds tlue therefrom for the benefit of any creditor or for any other purpose. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. j. 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, v�ith the written consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the owner for all work performed by them in accordance with the terms of the Contract Documents. A�I monies remaining due the Contractor at the time of this default shall thereupon become due and payabie to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. �n case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion tr�ereof which the Owner has ordered by the Contractor to C7-7 (6) � L" � � `"' � discontinue, then the Owner shall have the power to complete, by contract or otherwise,. as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The owner shall not be required to obtain the lowest bitl 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. ' � � � iw � C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or b;� law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: 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 shail 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: � � W Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for compl�tion of such portion of the work under the contract as is not terminated; C7-7 (7) � 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 tleliver in the manner, at the times, and to the extent, if any, directed by the Engineer: 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 fumished to the Owner. 5. complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously tlisposed 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. 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 retluced 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 C7-7 (8) � � failure of the Contractor by reasor� 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. � I 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 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 shail 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 untler C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for � default or breach of contract by Contractor. , C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume � ali responsibilities for their enforcement. , The Contractor shall compiy with federal, state, and local laws, ortlinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. ' ' , Ek C7-7 (9) � � � , SECTION C8-8 MEASUREMENT AND PAYMENT PART C - GENERAL CONDITIONS C8-$ MEASUREMENT AND PAYMENT t 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 shall be made by the Engineer, based an 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 expense, bond, insurance, patent fees, royalties, risk due to elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fuily 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 � shall subsidiary work necessary for the construction and completion of all the work to provide a complete and functionai 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 before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosection 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 completing the work in an acceptable manner according to the terms of the Contract Documents. iThe 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 an defects or imperfections in the construction or in the strength or quality of the material !�sed or equipment or machinery furnished in or about the construction of the work under contract and it ''� appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall a 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 ESTIMATE AND RETAINAGE: Between the 1st and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month the Engineer shall verify such estimate , and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% of such estimate 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 tlelivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed, (Such payment will be allowed on a basis of 85% of the net invoice value thereof.) The Contractor shall furnish the Engineer such information as he may request aid 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 estimate, antl such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of the 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 Do;,uments. The City reseNes the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 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 contracts. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Document 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 C8-8,8 below. C8-8.8 FINAL PAYMENT: Whenever all 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 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. .. � O � ' � � � ' � � 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 fumishing 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 damages. The acceptance by the Contractor of the last or final payment is 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 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 cortinue 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 Document 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 atltlitions 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 waRanties or responsibility for faulty materials or workmanship. The Contractor shall remedy any � defects or damages in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one full year from the date of final acceptance of the work unless a longer period is specified � and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outline. The Owner wiil give notice of observed defects with reasonable promptness. � �i � � 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 Speciai 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. .. � r ` 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 tlirected by the Engineer, depending on field conditions. Payment for miscellaneous placement of � material will be made for only that amount of material used, measured to the nearest one-tenth (1/10) unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract t Documents regardiess 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, 1 modifications, shop drawings and sampies at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. ' 1 1 1 ' 1 1 C� 1 1 1 1 1 C8-8 (4) ' 1 i D � � D � � , D ► . � � � .� �, � PART C-1 ' � , . SUPPLEMENTARY CONDITIONS TO SECTION C � . � . _ , � � O Q A. � � B. SECTION C1: SUPPLEMENTARY CONDITIONS TO PART C- GENERAL CONDITIONS General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Page C3-3 (1), should be deleted in its entirety and replaced with the following: � Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an � . audit and/or examination of any books, records or files in its possession that will substantiate the acfual work performed by an MBE and/or WBE. The misrepresen�ation 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 D misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. � C. C3-3.7 BONDS: Page C3-3 (3), the paragraph after subparagraph d. Change the paragraph to read as follows: D "No sureties will be accepted by the owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the owner. In order for a D surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties {Circular 870}, or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to business in the state of � Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one- tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas." � D. C8=8.5 PARTIAL ESTIMATES AND RETAINACE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: d Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the � end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate � have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such � information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. D Revised 6/04/99 Pg. 1 � _� �� � For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. DIt is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of � work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. � .� � E. F. � G The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications,or other,provisions of this contract. C3-3.11 INSURANCE: Page C3-3 (5): Delete subparagraph "a. COMPENSATION INSURANCE" C3-3.11 INSURANCE: Page C3-3 (6); Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), should be deleted in its entirety and replaced with the following: j�j Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at J the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and d employees, from and against any and all claim$ or suits for property loss, property damage, personal injury, including death, arisin� out of, or alleged to arise out of, the work and services to be performed hereunder by Contracto'r, its officers, agents, employees, subcontractors, licensees Dor invitees, whether or not anv such iniurv, damaqe or death is caused, in whole or in Aart, bV the ne.pliqence or alleped neqlipence of Owner, its officers, servants, or employees. � Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner ansmg from the performance of any of the terms and � conditions of this Contract, whether or not any such iniury or dama_qe is caused in whole or in ��art bv the neqli_qence or a!leqed nepliqence of Owner, its officers, servants or emplovees.. � 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 =I � � � Revised 6l04/99 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. Pg. 2 � a O a a 0 � a � 0 a � � � , a .� o� a .� 0 � 0 o� D c 0 � �,� a pP � `.� �pN� , , �oNa p���P S � , � � � � �� '� D � � �J D D !I 'I � J � ■1 •l � D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 ��,�fi D,��" D-1.8 D-19 D�20' D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-3A D-31 D-32 D-33 D-�4 D-35 D-36 D-37 D-38 D-39 D-40 Dµ'4`"f D-42 D-43 D-44 Df 45 D-46 D-47 D-48 �=49 D; 50 os��aiss PART D - SPECIAL CONDITIONS �h . . . AWARDOF CONTRACT ......................................................................�..................................................SC-3 SUBMISSION OF CONTRACT DOCUMENTS ......................................................................................SC-3 GENERAL............................................................................................................................................... SC-4 TAXEXEMPTIONS ................................................................................................................................ SC-5 PROJECT DESIGNATION .....................................................................................................................SC-5 EQUAL EMPLOYMENT PROVISIONS ..................................................................................................SC-5 PRE-CONSTRUCTION CONFERENCE ................................................................................................SC-6 COORDINATIONMEETINGS ...........................................................................................................,.....SC-6 PROJECTABANDONMENT .................................................................................................................. SC-6 BREAKDOWN OF BID PROPOSAL .......................................................................................................SC-6 INDEMNIFICATION.................,............................................................,.................................................SC-6 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ......................................... SC-6 MINORITY AND WOMENS BUSINESS ENTERPRISE (MNUBE) CpMPLIANCE ... .............................SC-9 CALENDARDAY ..................................................................................................................................SC-10 SUBSIDIARYWORK ............................................:.............................................:..........................:......SC-10 �. WA�E RATES ....... ..... ....:h..... � � ` �r ............ S�= �D �E%�SE�1EI�T�S.ANDiPERMITS ....:................. ......... ...� � . ,t ... , .......... w .,,. .. k , ,.�SC:'�"2 ... , .,.., ...,. ..,. . ..... COORDINATION WITH FORT WORTH WATER DEPARTMENT .......................................................SC-12 DAMAGE TO PRIVATE PROPERTY ................................................................................................... SC-12 $,��iOP DR�I�IIINGS. . ..................................... . .. • �.. .�. , � .�.,.�. :..........:......... . . :5�� 92 ... ., .. .,.. .... ; .. ... ...... CROSSING OF EXISTING UTILITIES .................................................................................................SC-13 EXISTING UTILITIES AND IMPROVEMENTS .....................................................................................SC-13 CONSTRUCTION TRAFFIC OVER PIPELINES ..................................................................................SC-14 TRAFFIC CONTROL .....................................................................:...................................................... SC-14 PAYMENT............................................................................................................................................SC-14 DELAYS................................................................................................................................................ SC-15 DETOURS............................................................................................................................................ SC-15 BARRICADES AND WARNING SIGNS ................................................................................................SC-15 EXAMINATIONOF SITE ......................................................................................................................SC-15 ZONINGCOMPLIANCE ..........................................................................................:.......................,....SC-15 WATER FOR CONSTRUCTION ..........................................................................................................SC-15 WASTE MATERIAL ..............................................................................................................................SC-15 CLEANUP FOR FINAL ACCEPTANCE ................................................................................................SC-15 PROPERTY ACCESS ..........................................................................................................................SC-16 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK .........................................................SC-16 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES .................:..................................SC-16 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS ..................................:........................SC-16 SANITARY FACILITIES FOR WORKERS ............................................................................................SC-17 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ......................................................SC-17 RIGHTTO AUDIT .................................................................................................................................SC-17 I��REASE OR DECR�ASE" I�1 Q�J;ANTITIES > - ..SC-�8 ........�a .......................Y......5.........�..�....�.kr..'�...i.................. CUTTING OF CONCRETE ...............................................................................:...................................SC-18 PROJECT DESIGNATION SIGN ..........................................................................................................SC-19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT ..............................................................SC-19 MISCELLANEOUS PLACEMENT OF MATERIAL ...............................................................................SC-19 TYPE„�„ BACKFILL ............................................................................................................................SC-19 CRUSHED LIMESTONE BACKFILL ....................................................................................................SC-19 2:27 CONCRETE........ ...... ..... ...... ... ... .. .............. SC-20 �RENCFt�EXCAVATION�; BACKFI�LAND CO[�1�!C�Tf01�.... .;:. ...... ........ �t....;:,.:........._...:S�-�0 . � .� , , PAVEMENT REPAIR (E2-19) ...............................................................................................................SC-21 SC-1 � PART D - SPECIAL CONDITIONS D-51 D-52 D-53 D-54 D-55 D-56 D-57 D-58 D-59 D-60 D-61 D-62 D-63 D-64 D-65 D-66 D-67 D-68 D-69 D-70 D-71 D-72 D-73 D-74 D�7�` D-76 D-77 D-78 D-79 D-80 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80,10 80.11 80.12 80.13 80.14 D-81 D-82 D-83 D-84 D-85 Q=86� TRENCH SAFETY SYSTEM FOR WATER DEPARTMENT PROJECTS ONLY .................................SC-22 SANITARY SEWER MANHOLES .........................................................................................................SC-22 SANITARY SEWER SERVICES ..............................................................................................�............5�-25 NOTUSED ...........................................................................................................................................SC-26 REMOVAL, SALVAGE AND ABANDONMENT OF EXISTING FACILITIES ........................................SC-26 DETECTABLE WARNING TAPES .......................................................................................................SC-27� PIPECLEANING ..................................................................................................................................SC-28 BARRICADES, WARNINGS AND FLAGMEN ...............�......................................................................SC-28 DISPOSAL OF SPOIUFILL MATERIAL ...............................................................................................SC-28 MECHANICS AND MATERIALMEN'S LIEN .........................................................................................SC-28 SUBSTITUTIONS ............................................................................. ................................................ SC-28 .... PRECONSTRUCTION TELEVISION INSPECTION/SANITARI'`SEWER LINES ................................SC-29 VACUUM TESTING OF SANITARY SEWER MANHOLES .................................:................................SC-31 BYPASSPUMPING ..............................................................................................................................SC-32 POST-COIVSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS ...............::...............SC-33 SAMPLES AND QUALITY CONTROL TESTING ....................................,,...........................................SC-34 TEMPORARY EROSION SEDIMENTS AND WATER POLLUTION CONTROL .................................SC-35 INGRESS AND EGRESS/ ACCESS TO DRIVES .............................................:..............:...................SC-36 PROTECTION OF TREES, PLANTS AND SOIL ..................................................................................SC-36 SITERESTORATION ...........................................................................................................................SC-36 STANDARD PRODUCT LIST ...............................................................................................................SC-36 STATE REVOLVING FUND (SRF) REQUIREMENTS........� ................................................................SC-36 TOPSOIL, SODDING AND SEEDING ..................................................................................................SC-36 CONFINED SPACE ENTRY PROGRAM ........................................................................................:....SC-41 �'�U��TANTf/kL COMP'LET10�1 I�ISF'ECTIONIFINi4L 1[�S�'EC:TIO� , ..,,.Y . ...... q , a,. ....z�,,......S�-4�' EXCAVATION NEAR TREES ....................................................................................,......................... SC-42 �� CONCRETE ENCASEMENT OF SEWER PIPE ..................................................................................SC-42 CLAYDAM ...........................................................................................................................................SC-42 EXPLORATORY EXCAVATION (D-HOLE) ..........................................................................................SC-43 INSTALLATION OF WATER FACILITIES ............................................................................................SC-43 POLYVINYAL (CHLORIDE PVC) WATER PIPE ..................................................................................SC-43 � BLOCKING ........................................................................................................................................... SC-43 TYPEOF CASING PIPE ......................................................................................................................SC=43 TIE-INS .........................................................:....................................................................................... SC-44 CONNECTION OF EXISTING MAINS ..................................................................................................SC-44 VALVECUT-INS .:................................................................:..........................:.....................................SC-44 WATERSERVICES ...................�;.......................................................................................................,.SC-44' 2-INCH TEMPORARY SERVICE LINE ................................................................................................SC-46 ADJUST MANHOLES AND VAULTS (UTILITY CUT) .........t ................................................................ SC-47 ADJUST WATER VALVE BOXES ........................................................................................................SC-47 PURGING AND STERILIZATION OF WATER LINES ..........................................................................SC-47 WORK NEAR PRESSURE PLANE BOUNDARIES ..............................................................................SC-48 WATER SAMPLE STATION .........................................:.......................................................................SC-48 DUC�ILE IRON A�1D.GRAY IRON'FITTINGS ,; ............................... ............�....�, e..,........ ,�.. .S'C-�8 SPRINKLING FOR DUST CONTROL ..................................................................................................SC-49 DEWATERING.....................................................................................................................................SC-49 TRENCH EXCAVATION FOR DEEP TRENCHES ...............................................................................SC-49 TREEPRUNING ............................................................................................:......................................SC-49 TREEREMOVAL .................................................................................................................................. SC-50 �E�:T Fi�LES' ................................................ . ......... . ..... . .. ........ . .. . .4,,... .. , ....:.. ,.....::r ...SC-50 q�rs�ss SC-2 �J �� � � PART D - SPECIAL CONDITIOiVS FOR: REHABILITATION OF FORT WORTH, TEXAS DOE PROJECT N0. SEWER PROJECT N0. 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 Iow bidder. The following shall apply for contract documents with multiple units of work. Each unit represents a separate project, �}' each with �an irrdividual M/WBE specification and proposal section. The proposal sections are arranged to allow �.� prospective bidders to submit bids on one unit, some of the units, or all of the units. Award of contract(s), if made, shall be to the responsive low bidder for each individual unit. If a contractor is the responsive low bidder on two units D 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 MNVBE Ordinance on each unit. Bidders shall submit individual and separate monthly M/WBE reports for each Unit includetl in the Contract. � � � � Construction time on all units will run concurrently. For situations involving approved contracts with multiple units, the total allowable construction completion time period for all the units shall be the same as the unit with the longest construction time period. D-2 SUBMISSION OF CONTRACT DOCUMENTS, CONSTRUCTION START TIME AND PRE- CONSTRUCTION SUBMITTALS: The contractor(s) shall execute and retum 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 the project no later than ten (10) calendar working days D 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. J � � Per City ordinance 11923, the contractor(s) shall submit the letters of�intent or a copy of the agreements with the approved M/WBE subcontractor(s) at or before the pre-construction conference. To expedite M/WBE compliance contractors are strongly encouraged to submit the executed letters of intent (with M/WBE subcontractors) at the time of submittal of the UTILIZATION FORM or GOOD FAITH EFFORT FORM. The letter(s) must be signed by both parties. If the contractor(s),fails to submit the letter(s) or agreement(s), the contractor(s) will not be,allowed to begin work. Time on fhe project will start to accumulate at the end of the ten (10) days as stipulated above. Additional submittal`s at time of pre-construction meeting shall include�(but not limited to): D Contractors Work Plan and Schedule Disposal Site for Waste Material Information Sub-Contractor ldentification D Trench Safety Design (if required) Confined Space Entry Program Name and number of a responsible person for off hour emergencies D Project schedule which must reflect a project completion date. to be determined period stipulated in the proposal section. D a, 05�l�`is9 SC-3 by the completion time J PART D - SPECIAL CONDITIONS� 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 ta submit all the required documents listed above. If the contractor fails to submit any of the required documents, the contractor will not be �Ilowed to'begin work apd time on the project will start to accumulate. D-3 GENERAL: The order or precedence in case of conflicts or discr.epancies between vanous 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 witk� the General Contract Documents under the provisions stated above. The Contractor shall be responsible for defects in �his project due to faulty materials and workmanship, or both, for a period of one (1) year from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his. expense any part or all of this project which becomes defective due to these causes. The City reserves the right to abandon, without obligation to the �ontractor, 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 refer�ed to by manufacturers name, or identification include therein as specifying, refemng or implying product control, performance, quality, or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifcations, which general specifications shall govem perfo�rnance 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: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH � 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Flobr, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to .each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicabte published specifications in either of these documents may be followed at the discretion of the Contractor.. o��siss SC,-4 � �� �� ,� � � � � •J � PART D - SPECIAL CONDITIONS General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment o� 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. � INT�RPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal wiil be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to` Bidders". It is the Bidders sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have.the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word '° "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City bf Fo�t Worth Purchasing' Division, PO Box 17027, Fort Worth, Texas 76102. B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdra`vun 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 pnor 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 retumed unopened. � Cp. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for openiag proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the p 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. D 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, D enacted August 15, 1991. All such taxes shall be included in the various amounts on the Proposal Form. The successful Bidder shall be required to submit a breakdown between labor and material costs prior to execution of the contract. ■I � J D-5 PROJECT DESIGNATION: Construction under these Special Documents shall be performed under the Project Designation: Project No. PS46-07046410260 D-6 EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employment practices. - � o�r�.siss SC-5 J PART D - SPECIAL CONDITIONS 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. D-7 PRE•CONSTRUCI`lON CONFERENCE: Before the project work order is issued, a pre-construction conference shall be held with representatives of the following agencies present: City Engineering Department, City Water Department, City Public Works Department, other interested City Departments (such as Traffic), interested utility companies (such as gas, telephone, and electric), Design Engineer and the successful Contractor. Contractor shall submit a schedule of operations at the pre-construction conference. D•8 COORDINATION MEETINGS: For coordination purposes, weekly meetings at the job site may be required to maintain the project on 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 fumish 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 oufi of any real or asserted claim or cause of action against it of any kind or character and in addition from any and all costs or damages arising out of any wrongs, injyries, demands or suits for damages, either real or asserted, claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, his agents, servants and employees. The Contractor further agrees to comply with all applicable laws, regulations, ordinances, building and construction codes of the City of Fort Worth and State of Texas and with any regulations for the protection of workers which may be promulgated by the Govemment and shall protect such work with all necessary lights, barriers, safeguards and wamings as are provided for in said specifications and in the ordinances of said City. ,. D-12 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Definitions: • 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self- insure issued .by the commission, or a coverage. agreement (TWCC-81., TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the govemmental entity. 3. Persons providing services on the project ("subcontr,actor' 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 bf whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contracto�s, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which fumishes persons to provide services on the project. "Seroices" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transpo�tation, or other se�vices related to a project. ��is�na SC-6 ■I ��� PART D - SPECIAL CONDITIONS "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets, p B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. � � D � �J � � C, The Contractor must provide a certificate of coverage to the govemmental 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 cettificate of coverage with the govemmental entity showing that coverage has been extended. E. The Contractor shall obtain from each pe�son providing services on a project, and provide, the govemmental entity: 1. A ce�tificate'of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. . The contractor shall retain all required certificates of coverage for the duration of the project and for one year " thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known„ of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescnbed by the Texas D Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. � I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: � 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; � ■_ 1 '1 � 2. Provide to the Contractor, pnor to that �person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: .�. ,o��aiss SC-7 � PART D - SPECIAL CONDITIONS a,) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter 6. Notify the governmental entiry in writing by certified mail or personal delivery, within ten (10) days after the person knew or should °have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of covera�e to be provided to the person for whom they �re providing �ervic�s. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the govemmental 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 fa�se or misleading infor�mation may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the govemmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting, requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The teict for the notices shall be the following text, �without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person workirig 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 matenals, or providing labor or transpor#ation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer ha's provided the required coverage, or to report an employer's failure to provide coverage". � ,� o���rss SC-8 � Upon request, contractor agrees to provide the City complete and accurate information regarding actual work perFormed by a Minonty 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 andlor WBE. The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission of fraud by. the Contractor will be grounds for termination of the contract and/or initiating� action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. D D•13 MINORITY AND WOMENS BUSINESS ENTERPRISE (M1WBE) 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 D 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. a The MIWBE 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. �� � � � � The City will consider the contractor's performance regarding its MIWBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors D pnor to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the "subcontractors to the City's MNVBE office. � D � � il J � The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion �of the total dollar amount of the contract with a joint venture equal to the percentage of�the MIWBE 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 (NCT CA) or Texas Department of T.ransportation (TxDOT), Highway Division and must be located in the nine (9) coun�y marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers pnor to listin� them on the M/WBE utilization oc good faith effort forms as applicable. Failure to contact the listed M/1NBE subc ntractor or supplier prior to bid opening may result in the rejection of bid. as non-responsive. t Whehever 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 original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. � During the term of the contract the contract shall: PART D - SPECIAL CONDITIONS Make no unjustified changes or deletions in it's MNIIBE participation commitments submitted with or subsequent to the 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 D o�,�9 SC-9 � PART D - SPECIA 'L CONDITIONS before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and , 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 MIWBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment fr.om tfie 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 MIWBEs. D-14 CALENDAR DAY: Delete paragraph C1-1.24, in Part C-General Conditions, in its entirety and substitute the following new paragraph: C1-1.24 Calendar Dav: A Calendar day is any day of the week or month. The Contractor will not be allowed to work on Sundays or any holidays observed by the City of Fort Worth. D-15 SUBSIDIARY WORK: Any and all work specifically govemed 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, rerrioval and replacement of fencing, and cleanup are general items of work which fall in the category of subsidiary work. D-16.� IMMAGE R�iTES: Tt`ie labor 'classifications and minimum wage rates set fouth �herein have`°•been pred�teimined b.y the Ci�y Counci4of the,City� of Fo�t VUorth, Texas, in•„accordance with statutory requi�ements,,as being` �he�, pr,e.vailing �lassificatians and rates tl�at shall govem on all work performed b�'t�e Contraator� or '�ny Subc�ntraetor on the site of the� project coveced. by`�t�ese Contract. Documents. In no event,�shall less tharr the followi�g.rates of wages be paid. •.(Attached) �ITY OF FC�RTtWOk��H MIGHWAI�`�ONSTRUGTLON PREVAIUNG WAGE f�`ATE�FOR1995 CLASSI�fiCATION I��E CLASSIFICATION RRTE Air Too��Operafor Asphal�=RakeG Asphalt Shoveler �°atching Plan� Weigher Batter>boaGd� Setter �arpenter Concrete' Finisher (PA�1/) $7.554 $8:56� $8 ;255 $9.371 $8.920 $�.447 $9:345 Form Liner Form Setter (Pau & Cur'�) Form Setter•(Structures) �aborer, Common L•aborer, �Jtili�r Mechanic. Oiler $8:91�3 $8.686 .$8.427 $6.402 $�7.461. $10:658 �8.698 o�isiss SC-10 D D D � � � D D D D D D D � D D D D D PART D - SPECIAL CONDITIONS �oncrete Finisher (STRS) Concrete Rubber Electrician Flagger Form Buiider (STRS) CLASSIFICATION Asphalt Distributor Asphalt Paving,Machine Broom or Sweeper Operator BulJdozer,150 HP or l.ess� Bulldozer, Over 1�50 HP . Concrete Pauin.g Curing Mach. � �oncrete Fav Finishing Mach. Concrete Pavin� Form Grad"er� Concre��Paving Joint �lach., Concrete Pavings.Joint Seal�r �`bncrete� Pauing Float �oncrete Paving Saw �,oncrete Paving Spreader Slipform Machine • �C�rane, Clamshell, Baekhoe�, Derr.ick, Dragline,, Shovel" (Less than� 1' �z �y) C'rane, Clams�iell, B'ackhoe, Derrick, Dragline, Shovel (1 '/Z cy & Over.) Crushing or Scmg Plt°Opr. ' Elevating. Grader Found�tion. Drill Oper, (Crawler Mounted) Foundation; Dri11-0perator �Truck Mounted) Foundation Qrilf°Opr�Helper �ront`En�L•oader � , , (2'/2 CY or Less) Front��Ent Loader (Over 2��'/2 CY)� I-loist (Doubl.e Drum & Less) Milling Machine Operator Mixer (Over 16 CF) �lixer (1'6�CE `& Less) - Mixer - Concrete Paying "Motor Grader Operator (�Fine Grade) Motor Grader Operator Pavement Marking Machihe o��siss $9.058 g"� �r �.. � � $7.733 $12.761 $5.598 $8.717 RATE Servicer Piledriver Pipelaye� Blaster CLASSIFICATION POWER EQUIPMEfVfiT'OPERATORS $8.4�4 $9.053 $7.908 $8.70'3 $9.160C $8.213 $9�453• $8.500;� $9.0�42 $�7.35� $7.875 $9.29Q $9.75A $9.00� $9.5� $10.51'� $9.500 $10,000 $1"1.138 $8:823 $9.311 ,$8.917 $6.65�' $9.000 $7.91.3. $9.500 $10.346 $9.891 $6.402� Posthole Driller Operator Roller, Steel Wheel , (Plant-Mix Pavements) Roller, Steel Wheel ' , �(F�afinrheel or Tamping) • Roller, P`�eumatic Self-Pro r, Scraper-17 CY & Less �craper - Over 17 CY ,Side Baom ' Tractor - Crawler Type F�1,5� HP & Less) 1'ractor - Crawler Type (Over 15� HP) � ��Tractor - Pneumatic • � Traveling Mixer r " T"re�chin� Machine - Light �� � � � T'renching�Machine - H�avy , �Wagon-Drill� Bonng �lack�ine > Reinforcing Steel Setter � • (Paving) Reinforcing Steel Setter , ' �(Structural) �� �Steel Worker - Structural -� u ty Sig�r Erector �, .� � , g . ° Spreader Box Operator � � ,� Barricad� Servicer Zone° Wk. � � �� �`�ri�°ounted Sign Installer k � :��� � . . ,(Permanent Ground�) . Truck Driver - Single Axle \(Light) Truck Driver - Single Axle (Heavy) Truck Driver - Tandem Axle � :(S"emi-Trailer) , Truck Driver - Lowboy/Float Truck Driver - Transit Mix Truck Driver - Winch �- � Uibrator Operator �� VVelder SC-11 $8.104 $7.500 $8.509 $11.333 RATE $9.000 $8.339 $7.963 $7.403 �$8..138 $8.205 $7.793 $8.4'48 $8.873 �7.735 $7.615 . $8..188 $1�2.498 $9..000 $9:218 $�1,:9:548 $1��'.300 $1M'�.436 $6:988 $6.4�2 $6.402 $�.465 .$8.067 $7.816 $9:653 $7.507 $8.200 $7.000 $.1'0.459 PART D - SPECIAL CONDITlONS D-17 EASEMENTS AND PERMITS: The performance of this contract requires certain temporary eonstruction, right-of-entry agreements, and/or permits to perform work on private properry. ,. 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 sewe� lines or manholes. For locations where t�ie 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 Engineenng, City of Fort Worth. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph C6-6.10 of the General Contract Documents. The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements andlor private properry 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 proper`ty owners involved for the use of additional property required. No additional payment will be allowed for this item. THe Cit���ias o6t�inedat�e ne.cessary documentation for railroad and/or°tiighwaypermits required for construction.�of ttii�Yproj�ct: Tfie Contractor shalf'be responsible for compl�iing witl� all°�provisions. of:svch4permits andeshall pay any and all�costs°associa#ed with the permit(s). It is the Contractor's responsibility to:'pmuid'e th� required fl�gmen,and/�r pr9vide°pa�ment"to the appropriate railroad/agency for alf flagmen:di�ring� constcuction in, railroad/agency right-of- way. Any� and° all' costs associat�d with compliance� with permits(s) ihcluding payment for flagmen shall be. subsidiary ,to ther.p�oieEt°price. Nb additional payment will be alloweckfor this item. D•18 COORDINATION WITH FORT WORTH WATER DEPARTMENT: Dunng the construction of this project, it will be necessary to deactivate, for a penod of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determi'n� the best times for deactivating and activating those lines. D-19 DAMA�E TO PRIVATE PROPERTY: The Contractor shall immediately repair or replace any damage to priyate property, including but not limited to fences, walls, pavement and water and sewer services, at no cost to the Owner. This shall be subsidiary to the contract and not a separate pay item. D=20� SHOP�DRAWING`S: Shop drawings shall be submitted by the Contractor to ttie Construction Eng�neer., for all° equiprnen� and� materials� for� this project. Contractor .stiall submit,seiien (��;: copies of. shop drawings', layouts, m�n�facturer''s d�ta'atid material° scfiedules as may be required by the> E�igineer•fo� his;.review�. 'Such� review by the� EnPgineer shall include checf�ing for general confbrmance with the design concept of the pcoject and .general complianc�-with �inform�tion given in the General �ontract Documents. fndicated action�by�the Engineer, which may result from his�reuiew, shall, not' constifute concurrence with, any c�eviation� from the plans arrd specifi�ations unless such d"eviations �are specifically identified by the method descnbed below, and further shall not°relieve the Contractor of responsibility for errors or omissions in the submitted�data. Processed�shop drawing submittal are nof°change orders. The purpose of submittals, by the Contractor, is to demonstrate that xhe. Contractor understands the design concept, and that he demonstrates his understanding by indicating whi�h� equipment and materials he intends to fumish� and� install, and by detailing the fabncation and installation. �methods he intends to use. If •deviations, discrepancies or conflicts between submittals and the design drawings andlor speEifications are discovered, either �rior�to o���fter s�bmittals.. are� processed, the design drawings and specifications-�hall° govem. The Contractor>shall be responsible for al� dimensions which are to be confirmed and correl`ated at the job site, fabrication processes� and feehniques o� const`ruction, coordination. of his work wit�i �that of other trades an,d satisfactoryk performance of •his w0rk. Ttie�C�ontractor shall° che,ck and venfy all measurements and review°submittals.prior to being°submitted, �and o��aiss SC-12 D � J J �] � D � � D � •l ■I J � � � PART D - SPECIAL CONDITIONS sign or initial a statement included with the submittal, which signifies �ompliance�with tfie plans and specifications and dirnensions suit�ble for the application. Any deviation from the sp�ecified �cnteria shall be expressly stated in writing in the submittal.. Shop drawings shall be submitted f�r the following items prior to installation: 1. l�lf� pipe 2. Reinfor�ed steel'fabrication for structures 3'. Cast Iron structural appurfenances Shop�drawings must be approved�by the Engineer prior to the start of work., D-21 CROSSING OF EXISTING UTILITIES: Where a proposed water line crosses over a sani�ary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made water tight or be constructed of ductile iron pipe. Tlie required length of replacement shall be determined by the Engineer. The material for sanitary sewer�mains and sanitary sewer laterals sha�l be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with•series 300 stainless steel compression straps. ' Payment for work such as backfill, fittings, tie-ins and all other associated appurtenances required, shall be included in the linear fodt price of the appropriate bid item. D-22 EXISTING UTILITIES AND IMPROVEMENTS: The plans show the locations of all known surface and subsurface structures. However, the Owner ass�mes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction operations. Contractor shall make all necessary provisions for the support, protection, relocation, and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage`pipes, and all other utilities and structures both above and below ground during const�uction. 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 no�ed on the plans, at his own cost and expense. The Contractor�shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. Any and all permanent structures such as parking lot surface, fencing, and like structures shall be replaced at no cost to the City by material of equal value and quality as that damaged. In case it is riecessary to change or move the prop�rty 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 o���ss SC-13 � PART D � SPECIAL CONDITIONS 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 OVEl� PIPELINES: It is apparent that certain construction vehicles could exceed the load bearing� capacity of the pipe under shallow bury conditions. It will be the responsibility of� the Contractor to protect both the new line and the existing lines from these possibly excessive loads. The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Anv damaqe 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 additiona7 protection the Contractor may elect to provide additional protection of 4he 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 #rom any phase of his construction operation. D-24 TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provision set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified a� Article 6701d Vemon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. In addition, the Contractor shall comply with City of Fort Worth, Texas, February 1979, Traffic Control Handbook for Construction and Maintenance Work Areas. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation/Public Works Department, Signs and Markings Division, (Phone Number 871-8100) to remove the sign. In the 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 [einstalled, 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. . , 1. The, Contractor shall furnish barricades, flares, etc., for-the protection of the public and the work. 2. The cost of the traffic control shall be included in the price bid for pipe complete in place as bid in the Proposal, and no other compensation will be allowed. 3.. The Contractor shall fumish a traffic control plan to the City at the pre-construction meeting. The cost for traffic control shall be subsidiary to the unit prices for this project. D-25 PAYMENT: Payment for all work and material involved in salvaging, abandoning, and/or removing of .j� 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. � 0�18/59 SC-14 �' D !1 J � �� � � � � � ■1 � � PART D - SPECIAL CONDITIONS 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 fr�nch, i.e., when removal requires a s�parate 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 materiaf, if any, which is to be furnished by the City. When such extra cor�pensation 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 cont�act. . � D-27 DETOU�S: 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, waming and detour signs sh�ll 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. 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 constr.uction will be fumished by the Contractor at his own expense. D-32 WASTE MATERIAL: All waste material shall become the property of the Contractor and shall be disposed � of by the Contractor at locations approved by the, Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. � D-33 CLEANUP FOR FINAL ACCEPTANGE: Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway, right-of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a � final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and � o��aiss SC-15 � PART D - SPECIAL CONDITIONS in general preparing the site of the work in an orderly manner and appearance. Final acceptance of the compieted project work shall be given by the City of Fort Worth Department of Engineering. D-34 PROPERTY ACCESS: Access to adjac�nt property shall be maintained at aii times unless otherwise directed by the Engineer. D-35 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK: Prior to executing the Contract, it shall be the responsibility of the Contractor to fumish a schedule outlining the anticipated time for each phase of construction with starting and completion dates, including sufficient time bejng 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 fieet shall be placed inside and outside vehicles such as cranes, der,ricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE L1NES." 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 tempoEary mechanical barriers, de-energize the lines, or raise or lower the lines. The work done by the power company shall not be at the expense of the City� of Fort Worth. The notifying department shall maintain an accurate log of all such calls to Texas Utility Electric, and shall record action taken in each case. � s The Contractor is required to make arrangements with the Texas Electric Service company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-37 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: The Contractor covenants and agrees to indemnify, hold harmless and defend the City, and their office�s, agents servants or employees, and/or owners of the units and lot abutting the units in this contract from and against any and all claims for damages 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, �gents, servants or ,employees, under the terms and conditions of this Contract, whether or not caused by negligence on the part of the City, or their officers, agents, servants or employees; and said Contractor does hereby covenant and agree to assume all liability and responsibility of City for injuries, claims or suits for damages to any and all persons or property, of whatsoever kind or character, occurring during the term of this agreement and arising out of or by reason of service, covenants or agreements performed by said Contractor, its officers, agents, servants or employees. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless the City from and against any and all injuries or damages to property of City during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from any and all acts �or omissions of the City, their officers, agents, servants, or employees, or caused by negligence on the part of City, or their officers, agents, servants employees and/or owners of the units and lots abutting the units in this contract. .:> o�iy�s SC-16 � PART D - SPECIAL CONDITIONS � - 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 Q for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from tlie claimant involved. � � � � � � J 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 dutstanding for a period of six months following the date of ihe acceptar�ce 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. 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. The Director may, if he deems it appropriate, refuse to accept bids on other Department of Engineering contract D 9 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. � ■I � � #J � � J D-38, SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary sanitary " conveniences for the use of workers at the project site. Specific attention is directed to this requirement. D-39 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention� is directed to the requirements of Item C-6-6, "Legal Relations and Responsibilities to the Public" of the Fort Worth General �onditions. � � � . • D-40 RIGHT TO AUDIT: A. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees' that the City shall have access durirt� 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, o�r�✓ss SC-17 � PART D - SPECiAL CONDITIONS papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to ali subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliar�ce with the provisions of this articl,e 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 r�ay be requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: 1. copies and under � 10 cents per page 2. more than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter D-41 INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to venfy all�pa� item quantities prior to submitting a bid. When the quantity of the work to be done or materials to be fuGnished under.any p�y item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate. for revised consideration on the portion of work above 125% of the quantity in the contract. When the quantity of the work to be done or materials to be furnish�d under aay pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract. �his paragraph shall not apply in the event Owner deletes a pay item in its entirety� from this contra�,t. - It��the.erren�Owner. and Contractor.are�uhable ro agree on a negatiated price, O.wner„•and'Contractor agree that �he • consideration.,wilY be�the actualv'field cost of the work plus 1`5% as=described herein below, agreed upon�in wnting by the Contraetorand.�Di�ector of�Department�of Engineering �and Contractor and Director of3Department of Engineering and ap�ro�ed� b��the City, CounciR after sai� work is� completed, subject to alh other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of Departmeht of Engineering will direct the,form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost�to be, paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and fi�ld office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director of Department of Engineering access to all accounts, bills and vouchers relating thereto. D•42 CUTTING OF CONCRETE: When existing concrete is cut, such cuts shall be made�with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. D-43 PROJECT DESIGNATION SIGN: Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The exact locations and methods of mounting shall be approved by the Engineer. In addition to the 4' x 8' project signs, ,project signs shall be attached to barricades used where 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 o�ra�ss SC-18 !�J PART D - SPECIAL CONDITIONS D barricades. Barricade signs shali be in accord�nc'�`witli° 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: �1 :�J � _�J � ,'J � (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, labor, and equipment necessary for the furnishing of Project Signs shatl be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-44 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT: At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be co�npletely 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 Transportatio�/Public Works Department Standard Specifications for Construction, Item 504. At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances required, shall be included in the square yard pnce 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 Q the Proposal to establish unit prices for miscellaneous ptacement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous � placement of matenal shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. o D•46 TYPE "C" BACKFILL: Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can fumish the Engineer with satisfactory evidence the P.I. of the exCavated material is' less then 8.*' Such evidence shall be a test report from an independent testing laboratory and must include � representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. � � � 'J � If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E-1.24, Type "C" Backfill, and E2.11 Trench Backfill.*" * Revised 3/20/81 ** Revised 4/20/81 D-47 CRUSHED LIMESTONE BACKFILL: Where specified on the plans or directed by.the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item.208.2 - Materials and Division 2 Item 208.3 - Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill, Construction Specifications, General Contract Documents. o�r�aiss • SC-19 � PART D - SPECIAL CONDITIONS Payment for crushed limestone backfiil in place shail be made at the unit price bid in the Proposal muitiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of Backfill Materials, Construction Specifications, General Contract Documents. D-4$ < 2:27 CONCRETE: Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this cali-out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D-49• TRENCH EXCAVATION, BACKFILL, AND COMPACTION: Tre.nch excavation and backfill under parking lots, drivev�ays, gravel surfa�ed roads, within easements, and within•existing orfuture R.O.W, shall be in accordance with: Section �E1-2 Backfill and E2-2 Excavation and' Backfill of the General Contract Documents and Specifications except.as specified herein. f�.. 1'RENCH ,EXCA�/ATION: In a�cordance with Section E2=2` Excavation and Backfill, if the stated maximum trench widths ace eXceeded, either th'rough accident or otherwise, and if the Engineer �etermines that the desi�n loading of the pipe will be exceeded,�the�Contractor will be requi�ed to support the pipe with an improved tr�nch��ottorm. 1'he expense ofvsuch remedial�measures s�hall be entirely the�Contra�tor's own. All trenching operations�shalf�be•confined•#o the width.,of permanent�rights-of-way; permanenteasements, and any temporary constru�tion �easeme�ts: ;�II excavation� shall be- in stric� compliance .with the Trench Safety.Systems, Special Condi$ion o�this-document. B.. TRENCM BACKFILL: Trenches which lie outside of existing.or future pavement shall b� backfilled above the top of fhe embedment material with Type '"C"` backfi� matenal. Excavated material used for Type "C"P backfill � must�'bet�mechanically. �ompacted unlessN�the Corn,tractor. can fumish°the Engineer with satisfactory evide�ce that the�P.l. of'the excavated� ma�"enal"is less thar�x8. .Such evidence shall'°be a test report from� an independent C. f�sting labot�atory� and' must include representative samples ofsoils:in all involved are�as, with a map showing;the location and depth of>the �arious Cest holes: If excavated matecial is obviously granular in nature, containing ,little or n� plastic material, the Engineer may•waive the tes� report requirement. See E1-2.3�, Ty,pe "C" or. "D" Bacl�fill, and E2-2.11x Trench Backfill for=additional'requirements. When fiyp� "C" backfill maferial is noti�suitable, at the direction of the� Engineer, Type "B'� backfill material shall be used. In general, all backfill material for trenches.,in.existing paued streets shal(` be in accordance with Figure(s) A, B, C, orD. Sand matena4 specified in Fig�re(s) A-D shall b�.obtained from an� approved sourc� and shall consist. of durable `particC�s free of thin or . elongai�d pieces, lumps �f clay, soil, loamfor vegetable matt�r and shall meet the following gradation: Size Sieve % Retained #4 0-5 #16 0-20 #50 0-50 #100 60-95 #200 90-100 (P.I'. = 8 or less) � o��siss SC-20 � � � PART D - SPECiAL CONDITIONS C. TRENCkI COMPACTION: RII trench backfilf shall be placed in lifts per E2-2.9 Backfill. Tfenches which lie outside existing or future pavements shall be compacted to a. minimum of' 9Q�% Standard Proctor Density (A.S.T.M. D698).by means of tamping only. Trenches whieh lie under existing or future pavement shall be backfilled per FigurepA with 95% Standard Proctor � �ensity by jetting, mechanical tamping, or a combination of inethods. Backfill material to be mechanically tamped must be within +-4% of i�s optimum moisture content. The,top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in wit�i heavy equipment tires, provided it is placed in ;� lifts appropriate to the material being used and the operation can be performed without dam�`ge to the installed J pipe. � � J J The City, at its own expense; will perform trench compaction tiests per A.S.T.M. �Candards on all trench backfil� 'Any retesting requi�ed as a result of failure to compact the�bac%fill mater.ial to.meet thewstandards will be at the expense of the Contractor and wilt be billed at the commeraial r,ates �as� determined by the City. These soil density tests shall be�°pe�formed at two (2) foot vertical intervals�beginning at a level°two (2J feet above the:top of the�installed�pipe�and�,continuing to.the tQp of the completed backfill at intervals along the trench not.tm,�exceed 300 linear feet: The Contractorwill be responsible for providirrg access and trench safety system to #he�level of trench backfill°ta� bev.tested. (�o extra compensation will be allowed'for exposing�the �ackfill lay,er,, fo be•�ested or providing trench°safety°system for tests conducted by the�City. D. ME4SUREMENT AND P�Y�IENT: A11 material, including any and' all Typ� "B." backfilf; andM labor costs of excavatiorr and backfill�will be incl'uded irf the pnce bid per linear foot of� water and sewer pipe. D-50 PAVEMENT REPAIR (E2-19�: The unit price bid under the appropriate bid item of the proposal shall cover �j all�cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as J detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 1 through 5. � � � , •J � J �J � 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 fhe trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Depa�tment 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. • �herefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to �he gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering Construction Services Section by the Contractor in conformance with Ordinance No. 3449 and/or:Ordinance No. 792 to make utility cuts in the street. The Department o��a�ss SC-21 !J PART D - SPECIAL CONDITIONS of Engineering will inspect the paving repair after construction. This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Department of Engineering. - D-51 TRENCH SAFETY SYSTEM FOR'WATER DEPARTMENT PROJECTS ONLY: A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to.protect workers from cave-ins. The requirements of this item govem all tr�nches for mair�s, manholes, vaults, seroice 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. STAN.DARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Sub-Part P- Exeavations, are hereby made a part of this specification and shall be the minimum goveming requirements for trench safety. C. D�FINITIONS: 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. 2. BENCHING SYSTEM - Benching means excavating the sides of a trench to form. one or a series of horizontal level or steps, usually with vertical or near-vertical surfaces between levels. .• � 3. SLOPING SYSTEM - Sloping means excavating to form sides of a trench that are inclined away from the excavation. � 4. SHIELD SYSTEM - Shields used in trenches are generally referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the f.orces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be po�table 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 compnsed of cross-braces, vertical rails, (uprights), horizontal rails (wales) and/or sheeting. D. MEASUREMENT - Trench depth is the vertical measurement from the top of the existing ground to tfie 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 c�mpensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D-52 SANITARY SEWER MANHOLES: A. GENERAL: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Doc�ments 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 o�r�ss SC-22 � � J � PART D - SPECIAL CONDITIONS Contract Documents and Specifications", �inless° amended or superseded by requirements of this Special Condition. . 1. CONCRETE COLLARS: Concrete collars wiil be required,�on all manholes`specified as per Figure 121. 2. WATERTIGHT MANHOLE INSERTS: Watertight gasketed manhole inserts shall be installed in all sanitary Q sewer manholes. Inserts shall be const�ucted 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. � '� � � D � � 3. LIFT HOLES: All lift holes shall be plugged with a pre-cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. FINAL RIM ELEVATIONS: Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one t1) nor less than one-half (1/2)�inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. MANHOLE COVERS: All lids shall have pick slots in lieu of pick ho[es. Manhole frames ,and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8 inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100- year floodplain and areas specifically designated on the plans. Certainteed Ductile Iron Manhole Lids and Frames are acceptable for use where locking lids are specified. 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole depth is four (4) D feet or less. All shallow cone manholes shall be built in accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED. �� 7. MANHOLE STEPS: No manhole.steps are to be installed on any sanitary sewer manhole. � 8. EXTERIOR SURFACE COATING: Exterior surfaces of all manholes sfiall 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. � D � 9. MANHOLE JOINT SEALING: All interior andlor exterior joints on concrete manhole sections constructed �for the City of Fo�t Worth Water Department, excluding only the joints using a trapped type performed 0- ring rubbergasket shall require Bitumastic joint sealants as per Figure M. � o�a�s�s This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent-Seal, Ram-Nek, E-Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. Theyjoint 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. SC-23 � PART D - SPECIAL CONDITIONS The Joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardiess of the length of time it is exposed to the elements. The manufacturer shall fumish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. �������� 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 EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition� of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed ,of brick, block matenals other than pre-cast concrete rings, or where necessary and approved by the Erigineer, shall b� replaced with a pre-cast flattop section. Pre-cast f 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, anotify 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 debns. Coat exposed manhole surfaces with an approved bonding agent followed by an application of a quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed.. . Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of.pre-formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface. The top of the castin� shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. � ��/�aii�s SG24 �1 � ,I � PART D - SPECIAL CONDITiONS 3. EXPOSED EXTERIOR SURFACES; Ali exposed exterior surfaces shall be coated with two mop coats of . coal tar epoxy. Kopper "Bitumastic Super Service Black'; Tnemec "46-450 Heavy Tnemecol", or equal, to a minimum of 14 mils dry film thickriess. • 4. The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6- inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling. � C. MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including, but not limited to, joint sealing, lift hole sealing and exterior surface coating and pai�ement repair. � D � � � !1 J � �J ,� ,I J I � The price bid for reconstruction of existing manhol�s shall include all labor equipment and materials necessary .,for construction of new manhole, including, but nbt limited� to, excavatior�, backfill, disposal of materials, joint� sealing, lift hole sealing, exterior surface coating arid pavement repair. � The price bid for adjusting and/or sealing of existi� g manfioles shall include all labor, equipment and materials necessary for adjusting and/or sealing the manh le, including but not limited to, joint sealing, lifthole sealing, and exterior surface coating. Payment for concrete collars will be made per eac�h. Payment for manhole inserts will be made per each. � D-53• SANITARY SEWER SERVICES: Anx ceco�nection, Celocation, re-ro,utes; replacement, or new sanitary se�►er seruace.,shall�be•required'' as shown on the��lan , and/or as descnbed in these Special C`ontact Documents in ► addition tmtfiose lacate��ia�the feld and identified b the Engi�,eer as.active�sewer tiaps� The service connections shall be constructed by the Contractor utilizing s�tandard factory manufactured tees. City approved factory manufactured saddle taps may be used, but only as idirected by the Engineer. The decision to use saddle taps as opposed to tees sh�ll be made on a case by case b,asis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with buildin� owners �nd 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. A. SEWER S.ERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings , used for vertical �djustment shall consist of a maximum bend of 45 tlegrees. The tap shall be located so as to iine up with the service �line and avoid� any horizontal adjustment. For open �ut applications, all sanitary seweF service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for,Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill, saddles, tees, fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. B. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line. If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The length of the replacement shall be determined by the Engineer. All sewer services shall be installed at a minimum of two (2) percent slope or Do'%�r�s SC-25 '� J ��l PART D - SPECIAL CONDITIONS as approved by the Engineer. Connection. to the existing sewer service line shali 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, surface restoration on private property (to match existing), and all other associated work for service replacements in excess of four (4) linear feet shall be incltided in the linear foot price bid for sanitary sewer service line replacement. Pay�nent for all work and matenal involving the •"tap" shall be included in the price bid for sanitary sewer service tap�. D•54 NOT USED D-55 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES: Any removal, salvaging andlor abandonment of existing facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section �2-1:5 Salvaging of Material �nd E2-2.7 Removing Pipe, of the-General Contract Documents and Specifications, unless amended or superseded by requiarements of this Special Condition. A. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be ,, removed and retumed to the Water Department warehouse by the Contractor in accordance�with Section.E2-1.5 Salvaging of Materials. B. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and retumed to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging'of Matenals. The concrete vault shall be demolished in place to a point not less than 1 S inches below final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill matenal 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 retumed to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with�backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated matenal' approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. D. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid shall be removed and retumed to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Sal'vaging of Materials., The void area caused by the�valve �emoval�shall be�backfilled and'compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault, the vault shall be demolished in place to a point no less than 18" below.final grade. . E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to �a point not less than 18 inches below final grade. Concrete shall then be used as backfill matenal to match existing grade. . F. ABANDONMENT OF �XISTING 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. � �� � � u l� � � L■ �� � I'� �� Ll r'�■ �l u � 0���8�ss SC-26 a � � � i� �� PART D — SPECIAL CONDITIONS . ►. a - Backfill material shall be suitable excavafed' material approved by the �ngineer: Surface restoration shall be compatible with the existing surrounding grade. G�. ABANDONMENT OF MANHOLES: Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete. Manhole top or cone section shall be removed to the top of the full barrel diameter section, or to point not less than 18 inches below final grade. The structure shall then be °c 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 .0 Backfill or Type B Backfill, � as approved by the Engineer. Surface restoratior�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 pnce of the pipe, unless separate trenching is required. J. REMO�%AL OF EXISTING PIPE: Where removal of the existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants and meter boxes shall be delivered to Water Department Field Operation, Storage Yard. K. PAYMENT: Payment for all work and material�involved in salvaging, abandoning and/or removing existing � � facilities shall be included in the linear foot bid p,rice of the pi�e, except as follows: separate payment will be made for removal of all fire hydrants, gate valves, 16 inch and larger, and sanitary sewer manholes, regardless of location. 'I D � � � tl � � , o�r,�aiss . � i Payment will be made for salvaging, abandoningland/or removing all other existing facilities when said facility is not being replaced in the same trench (i.e., whenl removal requires a separate trench). D-56 DETECTABLE WARNING TAPES: Detec�able under�rdund utility waming tapes which can be located from the surface by a pipe detector shall be installed�directly abov non-metallic water and sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufacture� by Allen Sys�ems, Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil er�cased in a pr tective 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 inc es with a minimum unit weight of 2'/2 pounds/1 inch/100'. The tape shall be color coded and imprint�d with the m ssage as follows: I TvAe of Utilifv Color Code � Lepend • Water Sewer Safety Blue Safety Green Caution! Buried Water Line Below Caution! Buried Sewer Line Below SC-27 � PART D - SPEClAL CONDITIONS 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 a5 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 parag'raph, 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 SPOILIFILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor sh�ll advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Wor.th (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary Engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from, the administrator approving the disposal site, 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 �ontractor.has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is,proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have th� full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "substitutions" shall be applicable to all sections of these specifications. o��s�ss SG28 � A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured-in-place pipe, fold and form pipe, slip-line, etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of furnishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. DD-62 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER D �� � '�� ■1 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 nouleS shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. `The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. PART D - SPECIAL CONDITIONS Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a D portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment, which cannot be collapsed, is used, special precautions �j to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present U in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. � �J � J � J J �� � CLEAf�ING 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 s�t. up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or equipment fails to traverse the entire manhole section, it will be assumed that a major blockage ekists, 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 respdnsible for the water meter and related char,ges for.• the setup, incfuding the wa4er usage bill. All expenses shall be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock, grease, and other sotid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing matenal from manhole section to manhole section, whictr could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted. 4. All solids or semisotid 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 a� no additional cost to the City. � o��aiss SC-29 � PART CS- SPECIAL CONDITIONS 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such"inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be 'operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. B. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when .necessary.to permit proper documentation of any sewer service taps. In ,no case will the television camera be pulled "at a speed greater than 30 feet per minute. Manual winches, power winches, N cabl�, �nd 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 tfie section being inspected to ensure govd 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 locatior� of sewer service taps shall be abbve ground by means of ineter device. Marking on the cable, or the like, which would require inte�polation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. _ DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed, during�inspection: In addition, other points of significance such as locations of unusual conditions, roots, storm sewer connections, broken pipe, presence of scale and corrosion, and other discernible features will be recorded, and a copy of such records will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contracto�'s operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. a��8iss SC-30 � �l D � � PART D - SPECIAL CONDITIONS '�' y= q ": ., � Equipment shail be provided to the City �y'the�Contractor for review of the tapes. Tapes wili be retumed to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re-televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW D 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 retumed to the Contractor upon completion'of review by the Engineer.,� � D �9 � � � All �costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the ProposaL , C. PAYMENT OF CLEANING AND PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARX 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 sand and debris from the sewers to a legal dump site. � Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental �nd no payment shall be made. The City makes no •guarantee tha,t all of the sanitary sewers to be entered are clear for the passage of a D camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price.for TV Inspections. The cost of.,retrieving,the N Camera, under all circumstances; when it becomes lodged during inspection, shall be incidental to N-lnspection. � � J J 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. sD•63 VACUUM TESTING OF SANITARY SEWER MANHOLES A. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. B. EXECUTION: 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. D o�,�9 SC-31 � PART D - SPECIAL CONDITIONS The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into�the manhole. The plugs shall be installed in the lines beyond the drop-connections, gas sealing connections, etc. The test head shali 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 inercury (10"Hg) shall be drawn and the vacuum pump will be tumed 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: Depth of MH (FT.) 0 to 16' 18' , 20' 22' 24' 26' 28' 30' ForEach Additional 2' Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (10"Hg - 9"Hg) (SEC) 48-Inch Dia. 60-Inch Dia. Manhole Manhole 40 sec. � 52 sec. 45�sec. 50 sec. 55 sec. 59 sec. 64 sec. 69 sec. 74 sec. 5 sec. 59 sec. 65 sec. 72 sec. 78 sec. 85 sec. 91 sec. 98 sec. 6 sec. 2. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one-inch of inercury (1" Hg) after the required test time. Any manhole which fails to pass the initial test must be repaired with a suitable material which, conforms to the construction material of the manhole. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test, the manhole shall be restored to its normal condition, all temporary plugs shall be removed, all braces, equipment, and d�ebris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum •test. • This price shall in�lude all material; labor,,.equipment, and all incidentals, including all bypass pumping, required to complete the test as specified herein. D-64 BYPASS PUMPING: The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be, approved by the Engineer. The pump and 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. r � �. b�i,sn�9 SC-32 `I � PART D - SPECIAL CONDITIONS D-65 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER: A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television inspection D ` performetl. 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. �� � .�J � �. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. C. EXECUTION: D 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power D winches, N 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. D 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 ineter device. Marking on the cable, or the like, which would require interpolation for depth of D 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 tF�e accuracy shall be satisfactory to the Engineer. J � D �I � J a � The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. Sanitary sewer mains must be laced with enough water to fill all low pints: The television inspectio� 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: DOCUNIENTATION: 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 r�m, 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. � o��aiss SC-33 � PART D - SPEC�AL CONDITIONS 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of tk�e lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be fumished 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 retumed to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer, If the tapes are of such poor aualitv that the EnQineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be reQuired to re-televise and provide a qood-tape of the line at no additional cost to the Citv. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. D. PAYMENT OF POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARI� SEWER�: The cost for _ post-construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can; be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this� work shall be 'included in the appropriate bid item - Post- Construction Television Inspection. � The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D-66 SAMPLES AND QUALI�'Y CONTROL TESTING: A. The Contractor shall fumish, at its own expense, certifications by a private laboratory for all materials proposed . to be used on the project, includir�g a mix design for any asphaltic and/or Portland c,ement 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 conc[ete mix shall. be made by the contractor's IaboraCory at least nine d�ys prior to, the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City, C. Quality control testing of in-place material on this project will be performed by the city at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to fumish 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. . . o�ia�ss SC-34 � =1 �� J '■J .�J � � `I �� J � Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. D 2. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream, � � � � J PART D - SPECIAL CONDITIONS E. The Contractor shall provide a copy of the i�ip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fiil materiai. 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 fo� 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 #aken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. 'CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority �to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may inVolve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with p�ermanent 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 un�ealistic, temporary soil-erosion- control measures shall be performed as directed by the Engineer. 3. All waterways shall be cleared as soon as practicable of false work, piling, debris ot other obstructions placed during Construction operations thaf ate not a part of the finished work. 4. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra,pay will be given for this work. D a�,�9 SC-35 J PART D - SPECIAL CONDITIONS D•68 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES': The Contractor shali provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays. The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D-69 PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractors' operations in�luding 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 �n approved manner (No trimming or pruning without the property owners' consent). PNned 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 restoririg 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. D-71 CITY OF FORT WORiH STANDARD PRODUCT LIST: Proposed products submitted in the bid documents must appear �in the latest "City of Fort Worth Standard Product List, for the bid to be considered responsive. Products and processes listed in the "City of Fort Worth Standard Product List, shall be considered to meet City of Fort Worth minimum technical requirements. � D•72 STATE REVOLVING FUND (SRF) REQUIREMENTS: This project, in addition to standard City of Fort Worth requirements, may involve certain State requirements. These. requirements, if applicable, are provided in the following documents and should thoroughly be reviewed and completed by the contractor. They include: 1. At the Time of Contract Document Execution • ED-103-Contractors Act of Assurance • ED-104-Resolution Work required to conform to these requirements shall be considered subsidiary and no extra payment will,be m'ade. The SRF requirements are included in Appendix A. D-73 TOPSOIL, SODDING AND SEEDING: This item �hall be performed in accordance with fhe City of Fort Worth Parks and Community Services Department Specifications for Topsoil, Sodding and Seeding. , 1,.. TOPSOIL DESCRIPTION: This item will consist of furnishing and'placing a minimum of six (6) inches of topsoil, free from rock and foreign material, in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of cbmpacted depth of topsoil parkways. ... o�era�s"s SC-36 � � 2. SODDING �� �� i� ��I � � � � � D � � � � � � a�i��s � PART D - SPECIAL CONDITIONS DESCRIPTION: Sodding will consist of furnishing and pianting Bermuda, Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces, in median strips, on embankments or cut siopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for sodding are Prairie and 609. MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or �St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling, and planting. Sod material shall be kept moist from the time it is dug until planted. When so directed by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating. Sod material shall be planted within three days after it is excavated. CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross- sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described. Sodding shall be either "spot" or "block"; either Bermuda, Buffalo or St. Augustine grass. a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on center� or to the' dimensions shown on the Drawings, shall be opened on areas to be sodded. In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade. Holes: of equivalent depth and spacing may be used instead of furrows. The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen.�15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces. Block Sodding. � At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding stiall be filled with additional sod and tamped, The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass. Surfaces of block sod, which, in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil, shall,. upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, sufficiently close to hold the block sod firmly in place. SC-37 PART D - SPECIAL CONDITIONS When necessary, the sodded areas shall be•smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun. Any excess dirt from planting operations shall be spread uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance. The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at �uch times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth. 3. SEEDING DESCRIPTION: "Seeding" will consist of preparing ground, providing and planting seed or a mixture of seed of the kind specified along and across such areas as �may be designated on the Drawings and in accordance with these Specifications. MATERIALS: a. General. All seed used must carry a Texas Testing Seed label showing purity arid germination, name, type of seed, and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of deliuery to the project. Each variety of seed shall be fumished and delivered in separate bags or containers. A sample of each variety of seed shall be fumished for analysis and testing when directed by the Engineer. . The specified seed shall equal or exceed the following percentages of Purity and germination: a . , Dates �eb 1 to May 1 Common Name Common Bermuda Grass Annual Rye Grass Tall Fescue Western Wheatgrass Buffalo Grass Varieties Top Gun Cody Purity 95% 95% 95% 95% 95°/a �5% Germination 90% 95% � 90% 90% 90% 90% , Table 120,2.(2)a. , URBAN AREA WARM-SEASON SEEDING RATE (Ibs.); Pure Live Seed (PLS)- Mixture for Clav or Tiaht Soils Mixture for Sandv Soils (Eastern Sections) (Westem Sections) (All Sectionsl Bermudagrass 40 Buffalograss 80 Bermudagrass 60 Buffalograss 60 Bermudagrass 20 Buffalograss 40 Total: 100 Total 100 Total: 100 _ .. .. LI o��s�ss SC-38 � � � � !J � � � J � � PART D - SPECIAL CONDITIONS Table,120.2.(2)b TEMPORARY COOL-SEASON SEEDING RATE; (Ib.) Pure Live Seed (PLS) Dates Aug 15 to f�ay 1 (All Sections) Tall Fescue Westem Wheatgrass Annuai Rye 50 50 50 Total; 100 CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross- sections shown on the Drawings and as provided for in other items of this Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described. a. Watering: Seeded areas shall be watered as directed by the Engineer so as to prevent washing of ihe slopes or dislodgment of the seed. b. Finishing, Where applicable, the shoulders, slopes, and �itches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun. � BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be uniformly distributed over D the areas shown on the Drawings and where directed. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. � "Finishing" as specified in Section D-46, Construction Methods, is not applicable since no seed bed preparation is required. D J DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed, The area shall then be finished to line and grade as specified under "Finishing" in Section D-46, Construction Methods. The seed, or seed mixture, specified shall then be planted at the rate required and the application shall be made D uniformly. If the sowing of seed is by hand r,�ther than by mechanical methods, seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1l8) inch. The planted area shall,be rolled with a corrugated roller�of the "Cultipacker" type. .I II rolling o� the slope areas shall be on the contour. DASPHALT MULCH SEEDING: The soil over the area shown on the Drawings, or as directed to be seeded, shall be loosened to the minimum depth of three (�) inches and all particles in the seed bed shall be reduced to less � than one (1) inch in diameter, or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-46, Construction Methods, J � � Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened. After the watering, when the ground has become sufficiently dry to be� loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified uniform o��siss SC-39 � PART D - SPECIAL CONDITIONS rate of application for both is obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4j inch. The planted surface area and giving a smooth surface without ruts or tracks. In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. The application of asphalt shall follow the last watering as rapitlly as possible. Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown on t�e Drawings, or if Drawings are not included, then M�-2 shall be used. Applications of the asphalt shall be at a rate of three-tenths (0.3) gallons per square yard. It shall be applied to the area in such a manner so that a complete film is obtained � and the finished surface shall be comparatively smooth. RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning Februar� 1 with warm season species as listed in Table 120.2(2)a. The re-seeding will be achieved in the following. manner. The cool season species shall be r�owed down to a�height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and . achieve adequate soil penetration. * Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the 'seed in the slit which is then pressed close with a cultipacker wheel. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. � MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fe�tilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law; A pell�ted or granulated fertilizer shall be used with an analysis of 16-20-0 or 16-5-8 or having the analysis shown • on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and� potash nutrients respectively as determined by the methods of the Association of Official Agncultural Chemists. In the event it is necessary to substitut� a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration. Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. � ` CONSTRUCTION METHODS: When an item for fertilizer is included in the Drawings and proposal, pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry and in good physical condition. Fertilizer that is powdered to caked will be rejected. Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings, fertilizer shall be� applied uniformly at the average �rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topsoil secured� from borrow sources will be measured by the square -yard in •place on�•the project site. Measurement will be made only on topsoils secured from borrow sources. ° o�raiss SC-40 `1 � � � � � PART D - SPECIAL CONDITIONS Acceptable material for "Seeding" will be measured by the linear foot, complete in place. Acceptable material for "Sodding" wiil be measured by the linear foot, complete in place. Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding. PAYMENT: All work performed as.ordered �and measured as provided under "Measurement" shall be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below), loading, hauling, placing and fumishing all labor, equipment, tools, supplies, and incidentals necessary to complete work. All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly. � "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard, 'complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping; for all watering; for disposal of all �surplus materials; and for all materials, labor, equipment, tools and incidentals necessary to complete the work, M all in accordance with the Drawings and these Specifications. � � � � � � ,J � J The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified, as the case may be, which price shall each be full compensation for fumishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding. D-74 CONFINED SPACE ENTRY PROGRAM: It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM" which must meet OSHA requirements for all its employees and subcontractors at all times during construction. All active sewer manholes, regardless of depth, are defined by OSHA as "permit required confined spaces". Contractors shall. submit an acceptable "CONFINED SPACE ENTRY PROGRAM" for all applicable manholes and maintain an active file for these manholes. The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces. D-75 SUBSTANTIAL COMPLETION INSPECTIONIFINAL INSPECTION: 1. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete. 2. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be cornpleted 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. D o�,�9 SC-41 `J PART D - SPECIAL CONDITIONS 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 "C5-5.18 Final Inspection" of PART C- GENERAL 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 measure� shall be considered as incidental work included in the Contract Unit Pnce bid for applicable pipe or structure installation except for short tunneling/tree augenng. 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 ed�e of the tree root system between tree and the construction area. 3. Contractor shall inspect each work site�in,advance and arrange to ��ave any tree limbs pruned that might be ,damaged by equipment operations. The Engineer shall be notified at least 24 hours pnor to any tree trimming work. No trimming work will be peRnitted withiri 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. e 5. �Before excavation (off the roadway) within the drip line area of any tree, the earth shall be sawcut for a minimum depth of 2 feet. 6. At designated locations shown ori 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 qu�lified 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. 1'he tunnel diameter shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted. D-77 CONCRETE ENCASEMENT OF SEWER PIPE; Concrete encasement of sewers shall be paid for at "the Contract Unit Price per linear foot of concrete ericasement as measured in place along the centerline of the pipe for each pipe diameter indicated. The Contract Unit Price shall include all costs associated with installation 'and reinforcement of the concrete encasement. D•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 bamer to reduce groundwater percolation through the pipeline trench. Construction material shall consist of compacted. bentonite clay or 2:27 os�is�,�.ss SC-42 ��� �� i�I �� �� i] PART D - SPECIAL CONDITIONS concrete. Payment for work such as forming,�eplacing ar�d finishing shall be�subsidiary to the price bid for pipe installation. D-79'° EXPLORATORY EXCAVATION (D-HOLE): The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction, in accordance with item D-22. At locations identified on the drawings, contractor shall conduct an exploratory excavation (D-Hole), to locate and venfy 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 entir� 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 �cerificatian af existing utilities per item D-22. Payment for exploratory excavation (D- Hole�, at' locations identified on the plans or as directed by �tlTe £n°gineer, shaii include full compensation for all materials, excavation, surface restoration, field surveys, and all incidentals necessary to complete the work, shall be the unit price bid. No payment shall be made for exploratory excavation(s) conducted after construction has begun. D-80 Oa/18/99 INSTALLATION OF WATER FACILITIES 80.1 Polyvinyl Chloride (pVC) Water Pipe: POLYVINYL Chloride Plastic �Nater Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenant required, shall be included in the linear foot price bid of the appropriate BID ITEM(S). , . ,,.,., 80.2 Blocking: Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents. All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. � 80.3 Type of Casing Pipe: 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Sp�cifications of General Contract Documents and Specifications for Water Depa�tment Projects. The steel casing' pipe shall be supplied as follows: For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of a Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above. C. Minimum thickness for casing pipe used shall be 0.375 inch. SC-43 PART D - SPECIAL CONDITIONS Stainless Steel Casing 'Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved •equal shall be used .on all non-concrete pipes when installed in casing. Installation shall be as recommended by the manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and "Construction standard E2-15 as per Fig.110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 80.4 Tie-Ins: The Contractor shall be responsible for making tie-ins to the existing water mains. It shall be the responsibility of the Contractor to verify the exact location and elevation of the existing line tie-ins. And any differences in lo.cations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as �incidental to construction. The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe. 80.5 Connection of Existing Mains: The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, el'evation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify the Manager, Construction Services, Phone 871-7813, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph C5-5.15 INTERRIJPTION OF SERVICE, Page C5-5(5), PART C- GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the ,customer both personally and in writing as to�the location, time, and schedule of the service interruption. The cost of:�removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 80.6 Valve Cut-Ins: It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of secvice for that period of,time necessary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in eharge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service. Payment for work such as backfill, bedding, fittings, blocking and all other associated appurtenants required, shall be included in the price of the appropriate bid items. 80.7 Water Services: The relocation, replacement, or reconnection of water services will.be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. � . All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings, meter o��8iss SC-44 � � J J J � � � �l il '] � � J � � !J PART D - SPECIAL CONDITIONS box�s, and if required approved manufactured service branches. All materials used shall be as spec,ified in the Material Standards (E1-17 & E1-18) contained in the General Contract Documents. All water services to be replaced shail be instalied at a minimum depth of 36 inches below finai grade,, All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1-inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation from the main line to the meter box. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum. of 24 hours advance natice shall be given when service interruption will be required as specified in Section C5-5.15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing grou,nd or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and •corporation stop. Payment for all work and matenals such as backfill, fittings, type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle (if required),.corporation stops,.and fittings shall be included in the price bid for Service Taps to Main. 2. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is, copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjusf the existing water service line as required for reconnection and furnish a new tap with corporation stop. The �contractor will be paid for one (1) �ervice Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. I 3. WATER SERVICE METER AND METER BOX RELOCATIONS:IWhen the replacement and relocation of a water service and meter box is required and the location of the�meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line .extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line. � o��aiss SC-45 � PART D - SPECIAL CONDITIONS When relocation of seNice meter and meter box is required, payment for all work and materials such as backfill, fiitings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs � will be included in other appropriate bid item(s). � This item will also be used to pay for all seroice meter and meter box relocations as required by the Engineer when the senrice line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify sep'arate payment. at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. 4. NEW SERVICE: When new seNices are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box: Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price 6id for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for SeNice Taps to Mains. . Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for fumish and set meter box. • 5. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the contractor shall fumish approved factory manufactured branches: Payment for multiple service branches will include fumishing and installing the multiple service branch only and all other'cost will be included in other appropriate bid item(s). 6. MULTIPLE STREET SERVICE LINES•TO SINGLE SERVICE METER: ,�ny multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that • is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 80.8 2-Inch Temporary Service Line: .The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be �required to have severed water service during said work. The contractor shall be responsible for, coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropnate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2- inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary seNice line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. A two-inch meter will be furnished by the Water Department Meter Shop and installed by the Contractor at its point of connection to the City water supply for record keeping purposes only. The out-of-service meters oei�sr�s SC-46 �� � � PART D - SPECIAL COND1710NS shall be removed, tagged and collected by the Contractor for delivery�to the°Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re-install the meters at the correct location. The m�ter box shall be reset as necessa .ry to be flush with the existing ground or as otherwise directed by the Engineer. � The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of !� 35 PSI per service tap. This critena shall be used by the Contractor to dete�mine the length of temporary �,l service allowed, number of service taps and number of feed points. !1 When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4- inch service lines and the 2-inch meter shall be moved to the next successive project location. �, Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. - � � � � � � •J � � J � � � o��aiss 80.9 Adjust Manholes, and Vaults (Utility Cut): Contractor will be responsible for adjusting water valve boxes, manholes and va,ults to match new pavement grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 80.10 Adjust Water Valve Boxes: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted, if necessary, by City of Fort Worth Water Department force�. � Prior to the beginning of work, the Contractor shall make an inventory of the condition of existing water valve boxes. The Construction Engineer will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes which are damaged during construction at no cost to the City. The unit price bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. 80.11 Purging and Sterilization of Water Lines: Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The Contractor will furnish all water for INITIAL cleaning and sterilization of water lines. All materials for construction of tl�e project, including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall �be fumished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be °de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. � SC-47 �J PART D - SPECIAL CONDITIONS 80.12 Work Near Pressure Plane Boundaries: Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 80.13 Water Sample Station: GENERAL: ' All water sampling station in,stallations will be per attached Figure 34 or as required in large water meter vaults as per Figare 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be fumished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. PAYMENT FOR F�GURE 34 INSTALLATIONS: Payment fbr all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for cop�er Service Line from Main to Meter. Payment for all work and matenals necessary for the installation tap saddle (if req�ired), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installatiorr of the sampling station, concrete support block, curb stop, fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling" station shall be included in the pnce bid for Water Sample Stations. PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the installation tap saddle, gate valve, and fittings sfiall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station, modification to the vault, fittings, and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations, 80:14� �uctile Iron anc�Gray Iron Fittings: Reference Part E2 Construction Specifcations, Section E2-7 Installin� C�ast Iron Pipe, fittings, and �pecials, Subxsection E2;�.11 Cast Iron Fitti�gs: the�first Paragraph shall be-revised�to read,as follows: E2=7.11� DUCTILE-IROIV. AND �RAY-IRON FITTI�JGS; All ductile-iron and� gray-iron fittings shall be fumished� with, cement mortar lining as stated in Seetion E1-7. The ,price �bid per ton� of fittings shall be payment i��full for alfafttings, joint accessories, polyethylene wrapping; fiorizontal'��or�crete block`ing, vertical tie�-down�concrete,blocking, and concrete'cradle necessa,ry forconstruction.as-designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and. Construction Specification E2-13. Wrapping shall precede horizontal" concrete blocking, vertical tie-down concrete blocking, and concrete cradle. Payment for the polyeth�lene wrapping, horizontal concrete. blocking, vertical tie-down concrete blocking, and concrete cradle shalN be included9 i�� bid items for vafes and fittings and na°other payments will b� allowed. o��a�ss SC-48 � � � � � � � � J !J J � PART D - SPECIAL CONDITIONS D-81 SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, na direct'payment will be made for this item and it shall be c�nsidered to this contract. D-82 DEWATERING: i The Contractor shall be responsible for determining�thle method of dewatenng operation for the water or sewage flows from the existing mains and ground water. TheiContractor shall be responsible for damage of any nature resulting from the dewatering operations. I 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° '�r�d 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 ovemight. Contractor shall fill any trench the same day of excavation. No extra payment shall be allowed for this special condition. D-84 TREE PRUNING: A. REFERENCES: National Arborist Association's "Pruning St�ndards for Shade Trees". B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C.. NATURAL RESOURCES PROTECTION FENCE � � � ° � �D 1. Steel "T" = Bar stakes, 6 feet long. 2. Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavygauge). 3. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. 4. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. ROOT PRUNING � 1. Survey and stake location of root pruning trenches as shown on drawings. 0 � 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. Dosta�ss SC-49 � PART D - SPECIAL CONDITIONS E. 3. Backfill and compact the trench immediately after trenching. 4. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 5. Within 24 hours, prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize w�ter 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. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price. D-85 TREE REMOVAL: Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement, fe�ces, walls, sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed. D•86 TESl' HOLE$: Tfie matter of subsurface exploration•to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective� bitld'er'"s; and- any bidder on this pcoject shall s�bmit his bid under this� cbndition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make sucli determination b,,y the• use-of test holes or other means, shall be left to the discretion of such prospective bidders. If test borings k�ave been made and are provided for bidder's information, at the locations shown on the logs of �orings in: th� appendix of 4his speeification, it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the i�formation or �hat fh�e`� mat�rial encountered- in excavations is the same, either in character, location, or elevation, as shown on the boring logs. It shall be the responsibili�y of the bidder to make such subsurface investigations as he deems necessary to d'etermine the nature of the material to be excavated. The °Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected, by the geolagy of the site, �he cost of all rock removal and other associated appurtenances, if required, shall be included in the linear foot bid price of the pipe. o��siss SG50 � � � � �� �J � � � � � � D �� � �� � � PART DA ADDITIONAL SPEC�IAL CONDITIONS � � D � �� '� I� �J � ��� � D D � � � � J !1 J PART DA - ADDITIONAL SPECIAL C NDITIONS DA-1 PIPELINE REHABILITATION CURED-IN-PLACE PIPE ..................................................................................Omitted DA-2 PIPELINE REHABILITATION PIPE ENLARGEMENT SYSTEM ...................................................................... Omitted DA-3 PIPELINE REHABILITATION FOLD AND FORM PIPE .................................................................................. Omitted DA-4 SLIPLINING ...................................................................................................................................�...................Omitted DA-5 PIPE INSTALLED BY OTHER THAN OPEN CUT ........................................................................................... Omitted DA-6 SERVICE LINE POINT REPAIR / CLEANOUT REPAIR ..........................................................................�:....... Omitted DA-7 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION ....................................................... Omitted DA=8 MANHOLE REHABILITATION ITEMS .....................................................................................:..:....................Omitted DA-9 SURFACE PREPARATION FOR MANHOLE REHABILITATION .................................................................... Omitted DA-10 INTERIOR MANHOLE COATING - MICROSILICATE MORTAR SYSTEM ..................................................... Omitted DA-11� INTERIOR MANHOLE COATING - QUADEX SYSTEM .................................................................................. Omitted DA-12 INTERIOR MANHOLE `COATING - SPRAYWALL SYSTEM ..............::........................................................... Omitted DA-1��;,�„�NTERI,QR MANHOLE COATING - RAVEN LINING SYSTEM ........................................................................ Omitted DA-14 INTERIOR MANHOLE COATING - PERMACAST SYSTEM WITH EPDXY LINER ........................................ Omitted DA-15 INTERIOR MANHOLE COATING-STRONG-SEAL SYSTEM ..................................................:........................ Omitted DA-16 RIGID FIBERGLASS MANHOLE LINERS ....................................................................................................... Omitted DA-17 PVC LINED CONCRETE WALL RECONSTRUCTION .............................................r...................................... Omitted DA-18 PRESSURE GROUTING .................................................................................................................................. Omitted DA-1,9 VACUIJM TESTING OF REHABILITATED MANHOLES ................................................................................. Omitfed DA-20 FIBERGLASS MANHOLES .................................................................................,.............................................Omitted DA-21 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES ......................................................... Omitted DA-22 REPLACEMENT OF CONCRETE CURB AND GUTTER ................................................................................ Omitted DA-23 REPLACEMENT OF 6" CONCRETE DRIVEWAYS .......................................................................................... Omitted DA-24 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE ................................................................................... ASC-3 DA-25 GRADED CRUSHED STONES ......................................................................................................................... Omitted ,oai�siss � ASC-1 D +� � PART DA - ADDITIONAL SPECIAL CONDITIONS �� DA-26 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE ................................................................................................ Omitted DA-27 BUTT JOINTS - MILLED .................................................................................................................................. Omitted DA-28 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) ........................................................................................... ASC-3 DA-29 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER .................................................................................. Omitted °DA-30 NEW 7" CONCRETE VALLEY GUTTER .......................................................................................................... Omitted DA-31 NEW 4" STANDARD WHEELCHAIR RAMP .................................................................................................... Omitted DA-32 8" PAVEMENT PULVERIZATION ...................................................................................................................... ASC-3 , DA=33 �REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) .............................................................. Omitted DA-34 RAISED PAVEMENT MARKERS ...................................................................................................................... Omitted DA-35 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING ............................:.............:........... Omitted DA-36 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINAT,ED SOIL ....................................:....... Omitted DA-37 ROCK RIPRAP - GROUT - F,ILTER FABRIC ....................................................................................................... ASC-4 ��-�3�. C'GGt�R�T���PE;FIT�i�l��a�l(�.:SPE�:'�rA�S# .. , �.t •� . � , , ....., , _K: � ...:4.. � � �;n, � �mitted .. ... ... ...;,�.,�, a,....,. .. �.,. ... �., � � , rn��l�� � ASC-2 m � � � I 'll � J � � J J �J � � J PART DA - ADDITJONAL SPECIAL CONDITIONS DA-24 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE: y The contractor shall remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose material excavated. As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub-base. The total depth of excavation could range from a couple of inches to include the surface-base-some sub-base removal for which the Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept th'e fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with "Type D° surface mix. This item will always be used even if no base improvements are required. The proposed. H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot-Mix Asphaltic Concrete" shall govem wo�k. The unit pnce bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-28 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX): All applicable provisions of Standard Specifications, Item Nos. 312 "Hot-Mix Asphaltic Concrete" and 313 "Central Plant Recycling-Asphalt Concrete" shall apply to the construction methods for this portion of the project. Staridard Specification 312.5 (1) shall be revised as follows: The prime coat, tack coat, or the asphaltic mixture shall D not be placed unless the air temperature is fifty (50) degrees Fahrenheit and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. - J J J The contractor shall fumish batch design of the proposed hot rrrix asphaltic concrete for. City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per square yard of H.M.A.C. complete and in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. DA•32 8" PAVEMENT PULVERIZATION: 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 � oaiTs�ss ASC-3 � PART DA - ADDITION�L SPECIAL CONDITIONS operation is completed, contractor shall spread, mix, and compact the puiverized 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•37 ROCK RIPRAP - GROUT - FILTER FABRIC: A. GENERAL: 1. General Conditions, Supplemental Conditions, applicable requirements of Division 1- General Requirements and the North Central Texas Council of Govemments (NCTCOG) Standard Specifications, are hereby made a pa�t of this section. �. This item shall govern for the installation of rock riprap of the various sizes shown on the plans. B. DESIGN CRITERIA: 1. The toe of the riprap revetment shall be entrenched in stable channel bottoms. If the channel bottom is not stable, the design shall incorporate other requirement� needed to stabilize the revetment toe. 2. The channel side slope shall be as shown on the drawings. 3. Engineering filter fabric material shall be placed undemeath the riprap. 4. Riprap shall extend up the bank to an elevation where vegetation will provide adequate protection. See cross sections. C. PRODUCT: 1. RIPRAP MATERIAL: Stone for riprap shall be durable and of a suitable quality to insure permanence in the structure. It shall be free from cracks, seams and other defects that would tend to increase deterioration. Rock shall be reasonably well graded between the following prescribed limits: 24" Riprap Sieve Size (SQuare Mesh) 24 inch 18 inch �12 inch 6 inch Percent PassinQ 100 80-90 � 45-55 0-20 18" Riprap Sieve Size (Square Mesh) 18 inch 'f2 inch 6 inch 3 inch Percent Passinq 100 60-85 15-45 0-15 2. RIPRAP WEIGHT: Weight of rock shall be one hundred fifty five pounds per solid cubic foot (min.) calculated from the bulk specific gravity (saturated surface dry). � o4,�1s�s ASC-4 � t� D PART DA - ADDITIONAL SPECIAL CONDITIONS 3. FILTER FABRIC BLANKET: Approved Manufacturer: • Supac - Heavy Grade 8NP (UV) � • Trevira 011/280 • Amoco 4553 • or Equal Heavy Grade I� 4. RIPRAP GROUTING � a. FINE AGGREGATE: Fine aggregate for grouting mix shall consist of natural sand, manufactured sand, or a combination of natural and manufactured sands. The grading and uniformity of the fine aggregate shall conform to the following requirements as delivered to the mixers: � D. U D D � � a � � D D D J Sieve Designation, U.S. S�andard Sauare Mesh 3/8 in. (9.5 mm) No. 4 (4.75 mm) No. 8 (2.36 mm) No.16 (1.18 mm) No. 30 (600 um) No. 50 (300. um) No.100 (150 um) EXECUTION: 1. CONSTRUCTION: Permissible Limits Percent b�.WeiQht, Passinq. 100 95 -100 80 - 95 '55-75 30 - 60 12-30 2-10 a. The channel side slope and the toe excavation shall be prepared to the required lines and grades. b. Filter fabric and riprap shall be placed in succession to the required thickness and elevations. Riprap shall be hand placed around structures to prevent damage to the structures. . 2. INSTALLATION OF THE FILTER FABRIC (GEOTEXTILE): The geotextile shall be placed in the manner and at the locations shown on the drawings. At the time of installation, the geotextile shall be rejected if it has defects, rips, holes,. flaws, deterioration or damage incurred during manufacture, transportation or storage. The surface to receive the geotextile shall be prepared to a relatively smooth condition free of obstructions, depressions, debris, and soft or low density pockets of material. Erosion features such as rills, gullies, etc. must be graded out of the surface before geotextile placement. The geotextile shall be placed with the long dimension perpendicular to the centerline of the channel and laid smooth and free of tension, stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum width of 24- inches of overlap for each joint. Temporary pinning of the textile to help hold it in place until the rock riprap is placed. The temporary pins shall be removed as the riprap is placed to relieve high tensile stress which may occur during placement of material on the geotextile. The specified placement procedure requires that the length of the geotextile be greater than the actual slope length. The Contractor shall adjust the actual length of the geotextile used based on initial installation expenence. The geotextile shall b� protected at all times during construction from contamination by surface runoff and any geotextile so contaminated shall be removed and replaced with uncontaminated geotextile. Any geotextile damaged during its installation or during placement of riprap shall be replaced by the ASC-5 aar�e✓s� ■J PART DA - ADDITIONAL SPECIAL CONDITIONS Contractor at no cost to the Owner. The work shall be scheduled so �that the covering of the geotextile with a layer of the specified material isi accompiished within seven (7) calendar days after placement of the geotextile. Failure to comply shall require replacement of geotextile. The geotextile shall be protected from damage pnor to and during the placement of rock riprap. Before placement of gabion units, the Contractor shall demonstrate that the placement technique will prevent damage� to the geotextile. In no �ase shall any type of equipment be allowed on the unprotected geotextile. 3. RIPRAP PLACEMENT: Stone for riprap shall be placed on the filter fabric blanket in such a manner as to produce a reasonably well'graded mass of rock with the minimum practicable percentage of voids and shall be constructed within the specified tolerance to the lines and grades shown on the drawings. Then intent of these specifications is to require placement of nprap to the thickness shown and to allow isolated stones to extend as much as six inches above grade. Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the fabric. The larger stones shall be well distributed and the entire mass of stones in their final position shall conform to the gradation specified hereinbefore. The finished riprap shall be f`ree,from objectionable pockets of small stones and clusters of larger stones. The desired distribution of the various sizes of stones throughout the mass shall be obtained by selective loading of the material at the quarry or other source, by controlled dumping of successive loads during final pfacing, or by other methods of placement which will produce the specified results. Rearranging of individual stones, by mechanical equipment or by hand will be required to the extent necessary to obtain a reasonably well graded distribution of stone specified above. The Contractor shall maintain the riprap protection until accepted. Any material displaced by any cause-shall be replaced at his erosion to the lines and grades shown on the Drawings. 4. GROUT PLACEMENT: Grout shall be composed of cement, water and air-entraining admixture and sand mixed in the proportions of 1 part of Portland cement to 3 parts of sand, sufficient water to produce a wo�Cable mixture, and that amount of admixture which will entrain sufficient air to produce durable grout, a's determined by the ENGINEER. Sand for grouting shall conform to the requirements of paragraph: FINE AGGREGATE. The grout shall be mixed in a concrete mixer in the manner specified for concrete except that the time of mixing shall be increased to that necessary to produce a mixture having a consistency such as to permit gravity flow into the interstices of the riprap with the help of limited spading and brooming. The grout shall be used in the work within a period of one (1) hour after mixing. Retempering of ground will not be permitted. Riprap shall not be grouted when the ambient temperature is below 35 degree F. or above 95 degrees F. unless approved by the ENGINEER in writing; nor when the grout, without special protection, is likely to be subjected to freezing temperatures before�final set has occurred. Prior to grouting, all surfaces of'� riprap shall be wetted. The riprap shall be grouted in successive longitudinal strips, approximately 10 feet in width, commencing at the. lowest strip and working up the slope. Grout shall be brought to the place of final deposit by approved means, and in,no case will grout be permitted to,flow on the riprapped surface a distance in excess of 10 feet. Immediately after dumping the batch of grout, it shall be distnbuted over the surface of the strip by the use of brooms and the grout worked into place between stones with suitable spades, trowels, or vibrating equipment. As a final operation, the grout shall be removed from the top surfaces of the upper stones and from pockets and depressions in the surface of the stone protection. After completion of any strip as specified, no workman or any load shall be permitted on the grouted surface for a period of at least 24 hou�s. The grouted surface shall be protected from rain, flowing. water, and mechanical injury. The surface of all grouted riprap shafl be cured by keeping the surface continuously wet for a period of not less than 7 days. oa�ts✓ss ASC-6 t � � '�� � � � � � � � � � � � � � � � E. n ;. 0'4�1,6i99 PART DA� - ADDITIONAL SPECIAL CONDITIONS MEASUREMENT AND PAYMENT 1. FILTER FABRIC: Fiiter fabric will be measured by the square yard for material used including that required at toes and thickened edges of riprap. Payment for filter fabric will be made at the contract unit price per square yard, which includes all plant, labor, material, and all installation costs in-place, complete. 2. STDNE RIPRAP: Stone (rock) riprap will be measured by the cubic yard using actual plan dimensions. Payment for riprap will be made at the contract unit price per cubic yard, which includes all plant, labor, material, and installation costs in-place, complete. 3. GROUT: Grout for rock riprap will be measured by the square yard using actual plan dimensions. Payment for grout will be made at the contract unit price per square yard, which includes all plant, labor, material, and installation costs in-place, complete. . n ASC-7 � � � a 0 0 D � � 0 � � D � � � � � � PART E SPECIFICATIONS EASEMENTS PE�MITS � � � � �J !1 SECTION 1- SECTION E SPECIFICATIONS (January 1, 1978) All materials, construction methods and procedures used in this project shall meet the General Contract Documents and General Specifications, together with any additional material or construction specification(s) or later revisions(s). (See revisions listed on this sheet). Sections E1, E2, and EZA of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX � E1 MATERIAL SPECIFICATIONS _�J E2 CONS7RUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS � � � � J •J � Revisions as of April 20, 1981 follow: E1-2.4 Backfill: (Correct minimum compaction requirement to 95% Proctor density and correct P.I. values as follows): C. Additional backfill requirements when approved for use in streets: Type B Backfill (c) Maximum plastic index (PI) shall be 8 2. Type C Backfill (a) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compaction be jetting. (b) Material meeting requirements and having a PI of 9 or More shall be considered for use only with mechanical compaction. � E2-2,11 Trench Backfill: (Correct minimum compaction requirement wherever it appears in this section to 95% Proctor density except for paragraph a.1. where the "95% modified Proctor density" shall remain unchanged). � � ■J � lJ � lJ la� � u �J � � SECTION E100 - MATERIAL SPECIFICATIONS MATERIAL STANDARD E 100-4 JANUARY 1,1978 (ADDED 5/13/90) E100-4 WATERTIGHT MANHOLE INSERTS E100-4.1 GENERAL: This standard covers the furnishing and instaliation of watertight gasketed mahhole inserts in the Fort Worth sanitary sewer co{lection system. E100-4.2 MATERIALS AND DESIGN: a. The manholes insert shall be of corrosion-proof high-density polythelene that meets or exceeds the requirements of ASTM D1248, Category 5, Type 111. b. The minimum thickness of the manhole insert shall be 1/8". c. 7he manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprene rubber and meet the requirement of ASTM D1056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made for � minimum 1" wide woven polypropalene or nylon webbing, with the ends treated to prevent unraveling. Stainless steel hardware shall be used to securely attach to the insert. u [J � � � I,, J � e. 7he manhole insert shall have one or more vent holes or valves to release gasses and allow water inflow at a rate no greater than 10 gallons per 24 hours. E100-4.3 INSTALLATION: a. The manhole frame shall be cleaned of all dirt and debris before placing the manhole � insert on.the rim. � b. 7he manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim. 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M 1'tY w�TE FTN� TExA �`♦'�/O C F�.� w0 ����I � : �// �� . , �'��' I �. ,�'�� D �. �,q w. r ��� �'/� � __.._.__.:=.= = �___-- r _------ � -..� -- -�. � ldQuirad ba Co�rra�t°� a t'� �Y ul j�''' �f h .�--•- to � ��� vt .9�a r d .��• �. �a1: �>..�•••• ' �' if¢d s �� �dQptds Ka Qr✓icc � �,XiSr �ori�d al ��dQ. , fa NQus : - � . a rama''a°r bY �V;�jatar J�llh �ess •1N� , � CiIY jO^�i3• �.ro,,, bha�� b¢ cv„"��r` Q sar�'c` f r � pr-��a Cant�e� ' �8d� bY . , . � � ��� �_ � � E.risr - �iYin9 � _ ,�6 "M�LY. . . '� � � � A.�.and/r Cov�sc ; �, , � "' G�/�! ioij�¢. �. "•t�!`�f,r• '�/,7j}'�f' . �.. _ . :.•.. :'�x t' �' �•-.:Ill � . � :,;s�;�';,.r� _ :. ,�,,., . , �, � , �, � . . • �Slov�cb�d. Fihishtd 2 �6. /S''��bo/'in9 FQ/r, �G'y✓idQ. M '. � • . 1 . ��]! ' . ..i . i � 0 � f ti a CITY WATER DEPAaTMENT � . fOaT wORTH, TEx�S � i�r.�-.�s�cTio� c.�o s5i�v� � . ��'T.q�L � F/GU�'�' .3 � ---_ - -- --- - ---- - - _=_-. -- - -- - -- --- _- . - - - --- . -- � � 0 _�'` . , , 7- n e (, �, � v j_ � a „_ , ,, ,y,. 1'� /�h'()/�OS£D f�.3 E'E�0 S I�4'C r_ � (Bentajh fa(u�t Pcr�n90„ly) ��.:� u, � . ,- � � , . . • .0 UI%//, • . � �. � •• ;�:� �'. . . �� , . � �. 1 � • . ' • � 1 �. � �• Sdnd l�late�icl ` ,� � � ., : ; .;: . 4 •, � . :w ;r _ � 'i�' Embtdmen f � �•.. ._ �-� n a ;' lncl�idedl� llncc� Fooj Bi� P�ke of Pipa. CASE 1: PROAdSEO P�tYEA STREE't ' Slreef AQrin� ��� N.r. s. 0 EX�SrING P�4vE0 srREET f si ' . ' `�:. �•'•�-� . •i. � . �. .�., ,�, �=+�L �' �•.�: s.: ic.�'s•.: •'•.. d �i1�l1"� � u �Gu�jtr Qiad/cr Side�rc/k IYOTE : � ,, Sha!!$vl�ay�f�m,Qr�,/x If h/'jhi� loavemerr�l Rtper� Is F3rr �Sf�et� �a��incl Piar, Diorrufer Li�re�ar Fa�otAasls,�rri�q 2 ' h�idfh is UsuQlly Or� Foof 8dlh� ,� . (2ftejlyi�r.,� jo The ¢of The P�p� Sia�es of Ti�erxh,�lotv�re�llp�ptr .... _�3 ,d�td �S Repl�c'ed Qs Dire�cje�' by Po�rron c� T�er�ch k�idlh ShaJl � '' �� �=� 1he E'RQ�n�tr. ' 9 .'. � Gb fe�mined by Gcn�roctar. '.� � '�'� � So�d 14fattr�Ql iti' ;ti' £mlhd�n��f � _-�. �t ; ;�: Includ�d !n ImrQ� �'aol B�d P�ic• Q/P�pe. CASE 2: FXrsriNG PAVEA StRt'£T �r. r. s. ^ - - - - ---------�,�._ - - - -� - - - - �"XCA VA 7"�ON, �A CKFI L L A N�1 p.4 VEME/V 7" REF'A /R UIvDER f��0/�USE/J OR �EXIST/NG SI'RE'E"TS FIG URE A , R��v�s Pd 4• `I 4? � � � � � � � � � � � � � � � � �� � �- --�,n,..c.�a(_��t - -- `;►+�a�� 9E NOT OR COLD M(x ASPHA�T, RO��ED 2' M(N1MUN � i � � ��i�i�i'i'i'i'i'i�i�i��'i�i��ji�i���i'i'i'��i'i��+��� � :-� ,+� . ��/������/���/������/����� ' ' ��//�.�/� i //�1/��/�� / /�/ . � � �� t � ,� • , - H1N. 6' COHPACTED fLEX—BAS� NATERIAI . EXIST. BASE ��.. .' � . �.. . � �.: . � � - ��� �. �;. . �� . - � . � � � �. ' -� ' :; . ��. � �. ''� R EXCAVAtED �UIT�RIAL SHALL CnNSIST ' . : • . .' .. � �' �:' Of NATERtAI. fREE Of' tHIN OR � �SAND MATERIAL ' � � � :' ' :� ; .� ~" .ELONGATED PIEC£S, R�CKS, IUHPS � -!- ••.•. •.. . . ... - CLAY, SDII.. LOMI �t V�GETABLE l�1TTER. �� . • � - ' ' �, ' � 1'-6' HAXINiM� r , . . . ....: _„...' . : . • .;,;_... ;�,,.�•.,:.. xGRANULAR � :� ;:;:.�• — �� . . : r, �:ti.;.- i,- �.►, . ...: . . . EMBEDMENT '''�'`�='� ` �''��! �~ :...� :'' ~:;,:•�••.`• N�Y��: �Q� rl,.�: �� i .%�:a Q ')' �r:'�: � •J r �� ��. w �t� ��� • ^�;N �. . . .�� ��I � ���i-+ . � : V' b:I' �L' , �♦ . L . . ..�. :w: , ' •: i ; �. i•' . � �:. ..�..�L ''�4�. •..i'. ��� J� L .'.'-1.!'�Y �. � . ,.'.1'�t�. � INC�UDED IN LINEAR F�OT BID PRICE OF PIPE. CASE 3� EXISTING PAVED STREET Tt� BE REC�NSTRUCTED EXCA�/ATION, BACKFIL� AND PAVEMENT REPAIR UNDER PROP�SED OR EXISTING STREETS : FIGURE A NTS � SHEET 2 Of 2 APRI� 20, 1995 � � Q � Q C� l� q ' ' SEE LONCi7UDINAI. 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JOItlT ' • . ,' , •02 oi Tr.c sr•Mo.Ro �rtc�►ica• , �]Pf'1CIH� ` ' � • TIOM1 /OR COMST�UCT�O�+� r'U7LIL ' SIkfET �' . •' wo�Ks o�rr,cirr w �owr wo.�Tw ' • WIQ1H SPACING - ' , T[t�3 0� �►Cx►IIL A3 SKGjtiCA • • ' IH �CCTY(�H] CI.i AKO C 1. I p' T Y H 7-R�-�-- �.� ' . , � 7rCCIlICliWM[ !O� 1fATLR O(►/-+1T• oH 9 8 cAO�.i � . ,.t+�r 1wp�(C71, /O+�T ►O�iH r�i=■ . ss' e �o' o� ���e_..� . ' . • • ' oc,r.,C1iY or �o,r YOA7N� rcY.a. 4�' oH Ee.i�'aFF t . ' • - - - � • ^ • ' ae� �k�Al2'oFF� � . ^60' !6 eisoFF� . �QT � � � 1+0 I.� R(ix/O+�CCO COHCx[7[ ►�vC�iwT SN�II IC 1t(►��tC[D TO ORIGIMAI OClIH O� TO A �IMIVVu D[�TN 0� S,Y„�CNCK+� �3 IN( • 611(JiLR. ,. R.EPLACE PAvEMENT TO NEA(tLST 10(NT 1 . - „�� Hp,i • V SiCCI £xliT3 1M CoxCrCi( r�vt►.(wr TO 1L CUT, iH[ ff[(� 3Ha�� �( CUI ��D 3►LV1C(� AS r0331«( 1 Mw�YUM �A� SrLICC DI►T►KCC O1 It� 1MAl.l, ■( ►�ov�0C0 NO�- 11 �OINO 0/ �I1( TO NA7[1t AOJ�CLHT SLCTIONS On srCCf�tA710H +ot �+N�C�r�v(n li �n(�tCn 17t0�►O1(D /AC�ITY N1TAlL�TYJM /1►i ;� c cr�tT, ntct � ( If A.s7 I K MO S' R[IMfO�CCO COKC+�CT[ �VCyfMT �r�ll !� a(��ACCD OV(• T�(MCH�4{ 4rQx�,Mt TNC (y(Mf' MOK•R{!w/OACCD COwG�ICTC �AY[� y( r L Ic aC �+OvCO, TYPICAL S ��T10�1-TR�i�C� R�P�(� _ _-� � _.-_: -. _._.._--- - - _---_ �.__ ___. . COr� CR�TE PA�l��iENT . c,rr o�' Fo�r WoRrx TR A N,SPOR TA710N/PUN�IC WORK S �EPT. rNr�NFf AlNG DlvlSlOx r(v • �•1•rt RCY � il• 1• 7 7 A(V.- II-I].IO ALY.' 1'�0-� L f I G. 1. IiJ I� I� �� i� ��� � JOINT DEPTH � FAVEMENT JOINT �DEPTH THICKNESS I ( T/4 ) � T=5' I t�/4' T=6' 1%2' T=7` �3�4' � T=8' 2` � i� iJ � � i� `�I�J i�q•. SILICONE JOINT SEALANT ' . �'I , . � ~� \I � �• ' � � SAWED JOINT FACE C � . I W U � ' - N , • .. �� ' 3�a' DIA. CLOSED CELL EXPANDED � Z v, �,:;:�. POLYETHYLENE FOAM BACKER ROD � �' �. . • FIP,ST POUR �'� SECOND POUR ' 'COLD' JOINT CONSTRUCTION JOINT DETAIL N0. 2 SEAL FOR LONG(TUDINAL AND TRANSVERSE CONSTRUCTION BUTT JOINT N.T.S. � � � � T i�q, SILICONE �OINT SEALANT � � � '. .,. . . . \: . . . _.. ; ' ���' � SAWED JOINT FACE .r �I , . . � �. 3/a' DIA. CLOStJ CELL EXPANDED '� �' • � . . FOLYETHYLEN� FOAM BACKER RQu I . ��: . � •' .. �= JOINT QETAIL H0. 3 SEAL FOR SAWED DUM�4Y JOIM" N.T.S. � SILICONE JOIN i SEALANT 3/q � ' ,• ' ' . '� I • � . ' ' . ��� Nj ���:� .......:���� � . � � - � . � �� ,�' ' ' � '' '•��•' POLYETHYLENE BOND �- —I- ''- � ' _ BREAKER TAPE ~6 SMOOTH —��',�;; � ��;. REDWOOD EXPANSION ;:�;';;�, �,��.' = JOINT FILLER � � :,;..� � S� ��'�:`�. �. • ,,. ------------------� --------- - � DOWEL SUPPORT BASKET D JOINT dETAI� N0. 1 SEAL FOR EXPANSION , JOINT N.T.S. ��i I�J SUPPLEMENT TO T&PW FIGURE 1: WHEN EXISTING CONCRETE IS CUT, SUCH CUTS SHALL BE MADE WITH A CONCRETE SAW. ALL SA4VING SHALL BE SUBSIDIARY TO THE UNIT COST OF THE ITEM FOR WHfCH SAWING !� REQUIRED. JOINT DETAILS NOS. 1, 2& 3 OF THE T&PW PAVING DETAILS SHALL BE APPLICABLE. �� �J �`� � C� �� C� � � � � � � � . � � � � 0 � � ..,.--._. �o � •��s a• t�'ttwtE�t �otM AAri �IiM Y111 2��AS LONi�TY�1MAl MI OI:CM a,i�. cw� • WtT�� [�i�t ��I��T t{tM411 luR��t[ �I[►�1�Ctr[Nt [t�ir �t►+u�T [��it�ws . fYfIACt i��/:' r�� t •u�/�ct C tuw• • wTtt• � a� sAw CYT ` +� C�^-t�CK LOA1 C, . • � - - � � �� � � • :t• • �•' •:� 3 s •�' ': • .±�';' ;`' ;�... •� ` � •� • . �� • ' • .. � . � � • • � � • . • • • ' •. ' . ' � • .. . . . _ _� . • • � . _ • . • �,$'i � � ~ .�ii :� �. 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F1M l�lo C•322! .��_ a �"LK�Si NYAC , �uRlA�[ ���IIIME COAT ' 2 • 2T COMCIIETE A�� i11EMCN YCKI1�� lMAll M([T • AEOL�REYEMT! �OII •IIaDATqM •MO COY►ACTiOF A{ �/iC1Ilt0 tM �T(Y �Ot Oi TN� •TAN4A110 SrtC�/1C�� TIOM� I011 COM�TIIUCTDII, W�l K •OIIR• O[�T•, C1?• O� fpAT M0/1TN T[Ia� pA �ACllflll A= 5/EdH[0 1N SCCTqNS [ � 2 ANO E_• 2 0/ TK � t►[G��CAiION! f011 r�1[A 0[►I�Itf• Y[Mt �RO�[CT�,/O�T fWtTN w�T�R OE�t,CiTr Of FO�T N01tTN. t[tA1 `' �AOrOiCO IACWtr MItTKl�Te011 �"-�-►ME ' �, arcM w��� TYPI�AL S�CT�ON-TRENCN REP94iR - TYPtCAL H. M. A. C."SURFACE W{TH SOIL BASE C/Tl' Of fORT JIqRTM ��''�` "�^'"�r�c coMcittrt Rfv•�-3.•�2 TRANtif''??TA'1• N/f t NI . Y:. Rh.S DEPT. ���_i�_�_7� EA�I/KEfA'M�f Di ai,!/DA� RtV-t 2-�0 J O ,.-*'�"�R • - •- . , . "1 . . ("'" [t�St CuM 1 � �YTT[• i • • i� (slfi •��[ f/i. � � �� � t ., � � � � � � � � � � � � � � � � � � � � � I ( ��I,�I'/�1 ,� lil IJI 11 �. _. ._ �rl'; ., ., � �II I( t r�l _. _ . . i)Id( f�[1[ -:-_' :_- • . . -- � - - - - - - - - I3 _________ �SCWCf< MAIi� � • - - - - - - - - � � , ._ •� .'i—--——-———'�i'-.... . . , . , .. ... . 1: ... . . . , . . - . CLAY DAM PROFILE � EXtSTING GROUNO ti!INIMUM 7RENCH V� IOTH - PIPE DIA. + 1' CLAY DAM SECTION _ � �(�Tf � ! . �.'ILI ,_ UN�ISTURBE� SOIL CLAY DAM CONSTRUCTION 1 COMPACTED BENTONrTE Ct�Y OR 2:27 CONCRETE � L�-.� C.-�J L�1 C=J C�.=,E LJ E.:__.1 U L.._..1 U U I___4a (^.__.i C_._l L.�r! L.�..J %.._.J` C.�i L.�i � 8'-0" � 5' � 5'"g� 3' 1'-6. 4 ,(—Logo Green r'tiSJhlte Logo Blue � , i .� , ; , , � .. _ � �,�, r;t _ � � � �, _ / ' • . YQ �T�Z. � �"A'I��. S - , , - � /�' _ ,., _ �T q �r�-��T � r -Logo Gree .11 �l .f�i� 11 1V ' • -- - ..- � � r� � � r--8'�a',r t �' � Plywocd � Fort Wor h;. ,�;� i/�at�r- ;;;T-Logo �r��, ., , Department��� � . 4 � � 6" Radlus �-Logo Green Wlth � �� Typlca! Whlfe Leiters . / � -� ---V ,�.,�._ .,..--�-..�. � PRC.�JECT S�C� Flgure 3 0 y-28-g9 � � �_ .' GENERAL NOTES: Logo Bluo - � Tnemec `FJord' (BA22� �r _ � . Logo Green - �R9R79C �/-�99811 $@B � (A rS � : Or "'Emerald" (A V22) Or E�:. 6 Lefterl�tg Slzed To FIc Sce/e 3/�', 1 � � " EZ' 1 COl7S�fUr•'_ � � � J � � APPENDIX A EASMENT DOCUMENTS � Three Copies (in 3-ring binders) of all the right-of-entry easements (temporary �construction and permanent) obtained for this project are available for h examination at the pians desk of the Department of Engineering. Bidders shall be provided with copies of any right-of-entry or easements upon request. The � terms of all Special Provisions or Conditions for easements shali be applicable. The responsive low bidder(s} will be furnished with a copy of Appendix A after award of contract. Bidders shall not remove any of the 3 `� copies from the plans desk. ,J �� � � R1 � � � � � � APPENDIX A TWDB CONTRACT CONDITIONS � � �J � � `J � � J J � PRIVITY OF CONTRACT, 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 is subject to regulations contained in 31 TAC Chapter 363 in effect on the date this contract is executed. DEFINITION. The term "TWDB" means the Executiv.e 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. J � � 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. A1-1 J � � �� ■J � � � 'I � � � *1 � � ■1 � � J If archeologicai 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 8E 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, 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 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 be specifically provided for in the specifications. If the Contractor encounters existing material on sites owned or controlled bX the Owner 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 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. A1-2 il ■1 � � � J J � ■J ■1 � J � -, II � J � � J EQUAL 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. 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 not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The 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 considerations for employment without regard to race, color, religion, sex, age, 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 conspicuous places available to employees and applicants for employees. (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 Govemment contracts or federally assisted construction contracts in accordance with procedur�s authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies 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, (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 A1-3 � � exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section a204 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 D 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 interest 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 the Standard j� . Federal Equal Employment Opportunity Construction Contract Specifications, as set forth in 41 U . CFR Part 60-4 and its efforts to meet the goals established for the geographical area wf�ere the Contract is to be performed. The hours of minority and female employment and training [� must be substantially uniform throughout the length of the Contract, and in each trade, and the U Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to � Contractor or from project to project for the sole purpose of ineeting 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 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 in the covered area. Goals are published � periodically in the Federal ReQister in 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) 229-5835. The Contractor is expected to make substantially uniform progress Dtoward its goal in each craft during the period specified. 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 the applicable goals set for minority and female participation and which is set forth in the solicitations from which this contract resulted. � � �� �� , �� � A1-4 J !J � � � � � � � � � � Fortn 1082 (Rev. 09-93) (Previous Versions Obsolete) To: City of Fort Worth Water Department c/o Department of Engineering 811 Lamar St., Suite 310 Fort Worth, Texas 76102 Attn: John Boyer APPROVAL ADDENDUM Permit # 220-SS-57-98 Hwy. No. I-820 Maintenance Section No. 04 County: Tarrant Date: August 11, 1999 The Texas Department of Transportation (TxDOT) offers no objection to the location on the right-of-way of your proposed 30" sanitary sewer line as shown by accompanying drawings and notice dated February 2, 1998, except as noted below. ADDENDUM: INSTALL AN ADDITIONAL 1390 OF 8" PVC SANITARY SEWER LINE AS SHOWN ON ATTACHED PIANS. ALL EXISTING PAVED ROADS, ORIVEWAYS AND HIGHWAY STRUCTURES SHALL BE BORED. MINIMUM CL�ARANCE BETWEEN SZORM SEWER AND SEWER LlNE SHALL BE 12". Install a 30" sanitary sewer (ine with 42" Steel casing crossing I-820, located 700' South of the Martin St. intersection (Hwy. Sta. 334+66.39.) Also, replace approx. 154' of sanitary sewer line with 8" PVC paralleling 2.10' inside the west right- of-way line. Refer to the attached drawings and aerial photo for further details of installation and location. Traffic control devices shall be in strict accordance with the Texas Manual on Uniform Traffic Control Devices. Your attention is directed to governing �aws, especially to Article 6674w-1, Vernon's Annotated Civil Statutes of Texas, pertaining to Control of Access. Access for serving this installation shall be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads or streets, trails along or near the highway right-of-way lines, connecting oniy to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right-of- way for normal service and maintenance operations. The Owner's rights of access to the through-traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except, however, if an emergency situation occurs and usual means of access for normal service operations and will not permit the immediate action required by the Utility Owner in making emergency repairs as required for the safety and welfare of the public, the Utility Owners shall have a temporary right of access to and from the through-traffic roadways and ramps as necessary to accomplish the required emergency repairs, provided TxDOT is immediately notified by the Utility Owner when such repairs are initiated and adequate provision is made by the Utility Ovirner for convenience and safety of highway traffic. It is expressly understood that the TxDOT does not purport, hereby, to grant any right, claim, title, or easement in or upon this highway:.and it is further understood that the TxDOT may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. You are requested to notify this office prior to commencement of any routine or periodic maintenance which requires � pruning of trees within the highway right-of-way, so that we may provide specifications for the extent and methods to govern in trimming, topping, tree balance, type of cuts, painting cuts a�d clean up. 7hese specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming. � ■I J � �� � J li The installat;on shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. In the event the Owner fails to comply with any or all of the requirements as set forth herein, the State may take such action as it deems appropriate to compel compliance. GENERAL SPECIAL PROVISIONS: Special Requirements for installation of Utilities on Highway Right-of-Way Backfill of Utility Trenches, Rev. Feb., 1971 Utility Construction Work on Saturdays and Sundays for Utility Installations Authorized by Utility Permit. Utility Policy Chart. REVEGETATION SPECIAL PROVISIONS: In order to minimize erosion and sedimentation resulting from the proposed installation, the project will be revegetated as indicated on the attachment. PLEASE NOTIFY GLYNIS RODRIGUEZ AT 817-370-6585, FOR7Y-EIGHT (48) HOURS PRIOR TO STARTING CONSTRUCTIO(v OF THE LlNE IN ORDER THAT WE MAY HAVE A REPRESENTATIVE PRESENT. Texas Department of Transportation-Fort Wo�th Charles W. Heald, District ngi • �-. �e� . ..,....� For: Perry� rnett J � Utility Right-of-Way Supervisor � � il �� _. �1 � � t � � � � � � � � � � PART F BONDS 1NSURANCE CONTRACTOR COMPLlANCE � i LJ l �'J Contractual Liability Other , ^A CERTIFICATE OF INSURANCE � TO: CITY OF FORT WORTH Date; NAME OF PROJECT: aPROJECT 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. aTYPE OF INSURANCE Policy Effective Expires Limits of Liability � Worker's Compensation Comprehensive General Liability Insurance (Public Liability) aBlasting Collapse of Building or � structures adjacent to excavations Damage to Underground Utilities � Builder's Risk Comprehensive Automobile Liability a � C � � L1 �l � ., . . Bodily Injury: Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Ea.Occurrence: $ Ea.Occurrence: $ Ea.Occurrence: $ Bodily Injury: Ea. Person: $ Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Bodily Injury: Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ 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 reGuire 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. Asencv Fort Worth Aeent By Address Title � � L� L� I � L�J � L� I C� L■JI CI� L!' C � I�J �J � �•J �J CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifes that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PS46- 070460410250 'SOUTHERN PARADISE CONSTRUCTION COMPANY CONTRACTOR " By: � � � Title /D - /N- �"� Date STATE OF TEXAS COUNTY OF TARRANT � 0 BEFORE ME, the undersigned authority, on this day personally appeared ��/�lA,. ��i�%� known to me be the person whose name is subscribed to the forf� oing instrument, and acknowledged to me that he executed the same as the act and deed of �j�,t.�i Q,r,�( f Gc.r�,l�(� $a, for the purpose and consideration therein expressed and in the capacity therein stated. , �.. ,�,�n- GIVEN iJNDER MY HAND AND SEAL OF OFFICE this f� day of �D � . 19 qri . (.L... otary Public in and for the State of Texas � o�a��'F'�%o, C�ATRICIA QUINTANILLA _'`.°����� N4i'� Pueuc � ,'�s�e�_ STATE OF TEXAS % ���' MY, CAMM. EXR 07-03-20�2 '�''��m���r�` .. � . ,. I� � � ♦ ` � � `,r ro� INDEMNITY INSURANCE COMPANY OF NORTH AM�RIC"A 1601 CHESTNUT STREET PHILADELPHIA, PA. 19192 SURETY RIDER Rider to be attached to and form part Bond, No. KO-5953�94 dated the 12�' day of OCTOBER 1999 on behalf of SOUTI�RN PARADISE CONSTRUCTION CO. , and (Principal) in favor of C�TY OF FORT WORTH . Executed by the company indicated above (surety), in the amount of ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED FOUR AND NO/100... ($117.104.001 Effective the 19� day of OCTOBER , 1999, the principal and surety � consent to changing the said bond as follows: Effective date of Bond KO-5953194 is: October 19�`, 1999. Provided, however, that the liability of the Surety, Indemnitv Insurance Comnanv of North America. under the attached bond as cha.nged by this rider sha11 not be cumulative.. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the above-mentioned bond, other than as stated above. Signed sealed and dated this 27�`day of October.1999. Accepted: Southern Paradise Construction Co. Indemnity Insurance Company of North America Principai By: �� � Dina Hollan President Obligee: Surety � By: art' A. Prisant tto -In-Fact ' � � � � PERFORMANCE BOND Bond No. KO-5953194 'THE STATE OF TEXAS COUNTY OF TARRANT `` KNOW ALL MEN BY TI�SE PRESENTS: 'That we (1) SOUTHERl� PARADISE CONSTRUCTION CO. a(2) CORPORATION of TEXAS, hereinafter call Principal, and� (3)INDEMNITY INSURANCE �� COMPANY OF NORTH AMERICA a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surery, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Te�s, hereinafter called r Owner, in the penal sum of: ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED FOUR Al�j� NO/100..., (�117104.001 Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant Counry, 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. �� TI� CONDITION OF THIS of: OBLIGATION is su t t W�er the Principal entered into a certain contract wi th the City o f Fort Wo rt h, the Owner, dated the �� �� ��� . 1999 a copy of which is �' hereto attached and made a part hereof, for the construction of: MAINS 19 AND 258 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IlVIPROVEMENTS (GROUP 5. CONTRACT 1). PART 8. UNIT 5. � designated as Project No. (s) PS46-070460410250. 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". L NOW TF�REFORE, 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 e�ensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incuned 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 obligadon shall be void; otherwise to remain in full force and effect. , 1 A F1 � LJ � � C C'' LJ ��,I U � � � C L PROVIDED FIJRTI�R, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED F[JRTT�R, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of rime, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specificarions accompanying the same shall in any wise affect its obligations on this bond, and it dces 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. N WITNESS VVHEREOF, this instrument is executed in 10 counterparts each one of which shall be deemed an original, this the 12� of October.1999. ATTEST: ���"-�'o (Principal) Secretary (SEAL) /�� W' ess as to Princi ?� d /�l� r,,t�t�P�� �� �v %�.c' Address ^ A ST: vGV urety) Secretary 0 (SEAL) � � C�i � i��� ���. � � /� Witness as to Surety // 811 Lamar. Suite 310. Fort Worth Texas 76102 (Address) SOUTHERN PARADISE CONSTRUCTION CO. PRINCII'AL (4) BY: � - Title: ��s�s,c��� 4802 HWY 377 S., #18 FORT WORTH, TEXAS 76116 (Address) Indemq�v Insurance Comnanv of North America Surety . B : , P/ (Atto ney-u - act) (5) Martin A, Prisant 811 Lamar. Suite 310. Fort Worth Texas 76102 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporarion, a Parinership or an Individual, as case may be ;3) Correct name of Surety ;4) If contractor is Partnership all Partners should execute Bond ;5) A hue copy of Power of Attorney shall be attached to Bond by , Attorney-in-Fact.. � F2 � � TI� STATE OF TEXAS COUNTY OF TARRANT PAYMENT BOND Bond No. KO-5953194 �, KNOW ALL MEN BY 'TI�SE PRESENTS: That we (1) SOUTHERN PARADISE CONSTRUCTION CO., a(2) CORPORATION of TEXAS, hereinafter call Principal, and (3) INDEMNITY � INSURANCE COMPANY OF NORTH AMERICA. a corporarion 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 exisring under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform �' labor upon the building or improvements hereinafter referred to in the penal sum of : ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED FOUR AND NO/100... � �.. l$117,104.001 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. TI� CONDTTION OF THIS OBLIGATION is such that Wher�? s the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of V�T 1:/ j;��A.D. , 1999, a copy of which is hereto attached and made a part thereof, for the construction of:: MAINS 19 AND 258 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IlVIPROVEMENTS (GROUP 5. CONTRACT 1). PART 8. UNTT 5. Project No. (s)PS46-070460410250, 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 refened to as the "work". NOW 1�REFORE, the condition of this obligation is such that, if the Principal shall prompdy make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Te�s, supplying labor and materials in the prosecuUon 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 ' 1 1 ' ' �i� � TT3E 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. � l�J � L�l � PROVIDED FURTI�R, tliat if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Te�s, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms af 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 FIJRTF�R, 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 instniment is executed in 10 counterparts each one of which shall be deemed an original, this the 12� day of OCTOBERA.D., 1999. � ATTEST: !J � !1 '� SOUTHERN PARADISE CONSTRUCTION CO. P CIPAL (4) _.�Yj��� BY: w�C�' Tifle: ��.v�,�P�,.�� (Principal) Secretary (SEAL) � ��� � _ . -�� Wimess as to Principal Add O A S: � (Su (SEAL) a ,I� I� �'�� / %�,I/I/��_ ` " — Witness as�b Surety U � C� 4802 HWY 377 S., #18 FORT WORTH, TEXAS 76116 (Address) Indemni Insurance Comuanv of North America Sure BY: (AttOm - - ) (5) Martin A. Prisant � S 11 Lamar. Suite 310. Fort Worth, Texas 76102 (Address) 811 Lamar. Suite 310. Fort Worth. Texas 76102 (Address) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Conect 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. - '� i 1 sl� / � �,, � � � MAINTENANCE BOND No. KO-5953194 TI� STATE OF TEXAS § r COUNTY OF TARRANT § KNOW ALL MEN BY TI�SE PRESENTS: That (1) SOUTHERN PARADISE �, CONSTRUCTION CO. as Principal, acting herein by and through (2) DINA HOLLAND its duly authorized PRESIDENT and (3) INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a corporation organized under the laws of the State of Pennsylvania, as surety, do hereby acknowledge themselves to be held and �. bound to pay unto the City of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of � ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED FOUR AND NO/100 ($117.104.00) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, � executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth dated , 1999, the performance of the following described public work and the construction of Ch��`o`'tlo g, ed public improvements: � MA.INS 19 AND 258 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IlVIPROVEMENTS (GROUP 5. CONTRACT 1). PART 8. UNI'I' S. � of same being referred to herein and in said contract as the Work and being designated as Project No. (s) P558- 070460410250and said contract, including all of the specifications, conditions and written insUuments refened 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 final � acceptance of the work by the City; and r^ 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 repau or reconstruct said work as herein provided. � FS t I� U � � u � � � l�l D l�1 � 0 C � � � � J NOW Tf�REFORE, 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. VJHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WIINESS WHEREOF, this instrument is executed in 10 counterparts, each one of which shall be deemed an original, dated OCTOBER 12.1999. � ATTEST: %� G� � ��_ (PrinciPat) s taxY - (Seal) il�.� L(�/ ,G(./t..��!.It�i.c.� Witness as % Principal �Q.370 � �' 74���7 (Address) ATTEST: SOUTHERN PARADISE CONSTRUCTION CO. PRINCIPAL (4) BY: / ���' _ /� �, Tifle: '`-�.y n� � .r-� ��'� 4802 HWY 377 S., #18 FORT WORTH, TEXAS 76116 (Address) INDEMNITY INSURANCE COMPANY OF NORTH AMERICA s ery � BY ' r A ,�.�,�J (Attorney- ) Martin A, Prisant \ 811 Lamar. suite 310. Fort Worth Texas 76102 � %�'j% Li.� ��V (Address) (Surety) Secretary NOTE: Date of Bond must not be prior to date of Contract (SEAL) ✓' i%'G�//l � �./ ( � Witness as to Surety 811 Lam , Suite 310. Fort Worth Texas 76102 (1) Correct Name of Contractor (2) A Corporation, a partnership or an Individual, as case may be (3) CoTrect name of Surety (4) If Contractor is Partnecship all Pattners should execute Bond (5) A true copy of Power of Attomey sha11 be attached to Bond by Attorney-in-Fact. F6 � � .` . � i .n I i. . � .. • '��ill W[� i.lYl ll�ll��i i illldl Il�i tliiilili• Illlii i.._�nt �.- I�O�'V eY Ot ���1ITY INSURANCE COMPANY OF NORTH AMERICA 848398 !� Attorne ;� � y Bond No. KO-5953194 ��1_ � � � CIGNA � �=I � P �� � � � 1 � � IA 'J �� 1 Know all men by these presents: That INDEMNITY INSURANCE COMPANY OF NORTH AMERICA , a cotporation of the Commonwealth oY' '� { Pennsylvania , having its principal office in the City o1 Philadelphi: Pennsylvani; , pursuant to the following Resolution, adopted by the Boazd of Directors of th� said Company on December 5, 1983, to wit: � "RESOL VED, That parsuant to Articles 3.18 and 5.1 of the By-Laws, the following Rules shall govem the execution foc the Company of bonds, undeRakings, recognizances, contracts and other writirigs in the nahue thereof. Q) That the President, any Senior Vice President, any Vice President, and Assistart Vice President, or any Attomey-in-Fact, may execute fer and on behalf of the Company any and all bonds, underfakings, reco�izances, � contracts and other writinRs in the nature thereof, the same to be attested when necessxcy by the Coiporate Secretary, or any Assistant Corpocate Seccetary, and the seal of the Company afFixed thereto; and that the Presidant, any Senioi Vice PresidenY, any Vice Presidert or any Assistant Vice President may appou�t and authorize any other Officer (elected or appointec� of the Company, ant Attorneys-In-Fact M so execute or I� attest to the execution of all such wri[ings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Cempany in any case as though signed by the President and attested to by the Cotporate Secretary. , (3) The signature of the President, or a Senior Vice President, or a Vice President, or an Assistant Vice President and the seal of the Ccm�pany may be affixed by facsimile on any powei of attcttney gianted pucsuant to this I� Resolutieq and the sigrrature of a certifying Officer and the seal of the Company may be afFixed by facsirnile [o any certificate of any such powec, and any swh power or cerhficate bearing such facsunile signature and seal shall be valid and bindirtg cm the Crnnpany. (4) Such other Off"icers of the Company, and Attomeys-In-Fact shall have authority to certify or verify copies of tlds Resolutioq the By-Laws of [he C�mpany, and any affidavit or record of the Cempany necessary te the ' dischazge ef their duties. , (5) The passage of Utis Resolution does not ravoke any eazlier autheriry granted by Resolutions of the Beard of D'uectors adopted on June 9, 1953, May 2R, 1975, and Mazch 23, 1977." p� does hereby nominate, constitute and appoint MARTIN A. PRISANT Of th0 Clty Of M18.tri1, State of Florida , each individually if there be more than one i named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under[akings, � recognizances, contracts and other writings in the nature thereof in penalties not exceedin€ Five Hundred Thousand Dollars ($500,000 and the execution o such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and ackowledgedI •'= by the regularly elected officers ofthe Company at its principal office. f�, N 0 IN WITNESS WHEREOF, the said William Jungreie , Vice-President, has hereunto subscribed his name and �xed the co:porate seal ofthe said � � INDEMNITY INSURANCE COMPANY OF NORTH AMERICA this 14th day o1 Jul} 1995 . i � ,yyM��W�yyy INDEMNITY INSURANCE COMPANY OF NORTH AMERICA���� Y � �,s�� i�vi,�yi'� � � ..� f,..... � C N ; > >�5�1�.'<s •, � t Q � '3i`�9.�J'ITt.�g'E � n n • A 9;s� � I V �i � ',��� 5 7%iaY6'L� f4 `Fs �\. � ' 1 � � � i'�+G!'%..+.�;� � ��� N� "^'���.���•Y"' William Jungreis , Vice President U � �«-- � O � � (Q N > � — N � C� O � � 0 C � (6 �� �� � O C � •- � � 0 � L � � � U � � O ` Z U COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On This 14th day of July , A.D. 1999 , before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came William Jungreis , Vice-President ofthe INDEMNITY INSURANCE COMPANY OF NORTA AMERICA to me personally known to be the individual and off'icer who executed the preceding instnttnent, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the cocporate seal of said Company; that the said coiporate seal and his signature were duly af'fixed by the authority and direction of the said cotporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WAEREOF, I have hereunto set my hand and �xed my of�icial seal at the City of Philadelphia the day and year first above writtenV �.......��.,, /��� .•, , i r�'. J swC "•'.:Vi : �' 4? : ; �I� a.... . "�� O "_ L� 1� 4� � c ' � ,,C� �. C!. �l� ��jf�,,.iar~fi,: k`• �''aT'� RY P��~:. ,,. 'Jrryl p�, q � ut �����,�` NOTARIAL SEAL DEBRA M. MARANO, Notary Public Clty oi Phlladelphla, Phlla. Counry My Commission Expires Dec 20,1999 ���' Notary Public I, the undersigned Secretary of INDEMNITY INSURANCE COMPANY OF NORTH AMERICA , do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect. In witness whereof, I haue hereunto subscribed my name as Secretary, and �xed the coiporate seal of the Coiporation, this ] 2 day of -o�::�i��� 1� ,Ny1�11N1ywyY �S�,�,Y�CLi,y4Yk"k ,�,� y� i�S�U1cs���'^'y �= i`i�3.�J'f :��i�;"2 '� v � ^'i�,+,ryp4'p�°-ts` ''.� �'•�•. �� � Debra H. Paziora , Secret�y �"J�YN ♦ �'i��yFa °y�.wiwiva" THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTE: July 14, 2001 . NOT VALID UNLESS PRINTED ON TEAL BACKGROUND 1 _ _.. . ,,,��.�. - - �,��,, . . . . ���,� �..�„- ���.-�„�, ,��,�� ,:, � �,� �, � ,� � � .., � ��„�. � � ��� �.....,.� �4 W ��-. ..��� �.�,_r��„��r,���� BS-38449d � � PART G - CONTRACT � THE STATE OF TEXAS � COUNTY OF TARRANT � � �CT � THIS CONTRACT, made and entered into l 9by9�i�d 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, Pa�-ty of the First Part, hereinafter termed "OWNER", and � SOUTHERN PARADISE CONSTRUCTION COMPANY of the City of FORT WORTH County of � TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed "CONTRACTOR". u � �i 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: MAINS 19 AND 258 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 5, CONTRACT 1) PART 8, UNIT 5 � 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 otl�er accessories and services necessary to complete the �` 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 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 pocuments and General Specifications, all of which are made a part hereof and collectively and constitute the entire contract. � � _.� 1 ' L' G1 � � LJ f� � [�� L�J u � u � I�� r I� � 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 iirst above written. Citv of Fort Worth. Texas (Owner) Pa of the First pa . BY: ASST. City Manager CW SOUTHERN PARADISE CONSTRUCTION CO. 4802 HWY 377 S.. #18 FORT WORTH. TX 76116 Contractor By: /L' �i _ Title: ���ax� APPROVED: n -�► - - - , � �� A. Douglas Rademaker, P.E. Director aDepartment of Engineering CW L!"J � ATTEST: . �� � v City S cretary (Seal) WITNESSES: � � . Approved as to Form �d Legality: Gary,Steinberger, Asst. City Attorney �-- ���9� Contract Authorization ��� /qy / q Date � I ■_I � , . � O, � � � � Q -A.pp e� dix .�.. - S��.te �.evolvin Fu� d g � �.equire�en�s- 0 �-� Q Q � �� � 0 �� C �� � � I a� D �� � � � �� 0 0� D� � a D� a� ar a a� a� o_ D` � 0� a_ A.PPENDXX A � State Revolving Fund (SRF) Requirements � LJ J f L�1 '!J I � � � � � 0 � L�.J � � LJ PRI��ITY Ofi COI�rI'RACT. This contract is expected to be funded in part with funds from the Texas tl/ater Development Board. Neither the State of Texas nor any of its departments, a�encies or employees is, or will be, a party to this contract or any lower tier contract. This contract is subject to regulations contained in 31 TAC Chapter 363 in efzect on the date this contract is executed. DEFII�,TTION The term "TWDB" means the E�;ecutive 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 authonzed representative thereof. FII�TAL PAYMENT The refaina�e and its interest earnings, if any, shall not be paid to the Contractor until the TWDB nas authorized�a reduction in, or release of, retainage on the contract work. REVIEW BY OWNER AND TWDB (a) The Owner, authorized represeniatives and a�ents of the Owner, and the TWDB sha11, at aII times ha�e access to and be permitted to observe and review a11 work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertainin� to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the O��ner throu�h authorized representatives or agents. (b) Any such inspection or review by the TWDB shall not subject the State of Texas to any action for damaQes. � � � 'J � �� L`JI' � � FLOOD HA.ZARD II�TSURANCE. This pro��isions applies to any contract which will construct structures that are insurable under the National Flood Insurance Pro�ram of the Federal Emer�ency Mana�ement A�ency. The Contractor shall apply for flood insurance on all insurable stnictures that wili be built under this contract. A copy of the completed application must be provided to the owner before commencing construction of the project. `I�he 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 ajencies and impacts to known cultural or az-cheological deposits have been avoided or miti�ated. However, the Contractor may encounter unanticipated cultural or archeological deposits during construction. If archeolo�ical sites or historic structures are discovered after construction operations are D� begun, the Contractor shall immediately cease operations in that particular area and notify the Owner, the TWDB, and the Texas Historical Commission, (5'i2-463-6096). The Contractor shall take reasonable steps to protect and preserve the discoveries until they � � u , � O � � � � 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 sha11 not resume work in the area of the discovery until authorized to do so by the Owner. . ENDA_NGERED SPECIES No activity authorized that is likely to jeopardize the continued existence of a th.reatened or endan�ered species as listed or proposed for Iisting under the Federal Endan�ered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endan�ered Species, or to destroy or adversely modify the habitat of sueh species. If a threatened or endanaered species is encountered duri�� 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 reportin� the encou.nter to the TWDB, the U.S. Fish and Wildlife Service, and the Texas Parks and Wildlife Department, obtainin� any necessary approvals or permits to enable the work to continue, or implement other mitijative actions. The Contractor shall not resume construction in the area of the encounter until authorized to do so by the Owner. u �L:1 Lr � �� ,� a � � D O 1 � I � C�' � � L!r � LAWS TO BE OBSERVED. In the execution of the Contract , the ,Contractor must comply with all applicable Local, State and Federal laws, includin� but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Contractor shall make himself familiar with and at all times sha11 observe and comply with all Federal, State, and Local laws, ordinances and re�ulations which in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner, the TWDB, and their representatives a�ainst any claim arising from violation of any such law, ordinance or re�ulation by himself or by his subcontractor or his empl'oyees. HAZARDOUS MATERIALS Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. � If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify th�e En�ineer and the Owner. The Owner will be responsible for the testin� for and removal or disposition of hazardous matenals on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part durin� the testin�, removal or disposition of hazardous materials on sites owned or controlled by the Owner. � CII 1 � � � � � � j a� � a� EQUAL EMPLOYMENT O�PORTUNIT�`. During the performance of this contract, the Contractor ag-rees as follows: (1) The Contractor will not discriminate against any employees or applicant for employment because of race, color, reli�ion, sex, a�e, handicap, or national origin. 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 not be limited to the following: Employment, upgradin�, demotion, or transfer; recruitment or recruitment advertisin�; layoff or termination; rates of pay or other forms of compensation; and selection for training, includin� apprenticeship. The Contractor aarees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non discnmination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that a11 qualified applicants will receive considerations for employment without regard to race, color, reli�ion, sex, age, handicap, or national ori�in. � � � (3) The Contractor will send to each labor union or representative of workers with which he has a collective bar�aining agreement or other contract or understanding, a notice to be�provided advisin� the said labor union or worker's representatives of O` the Contractor's commitments under this section, and snall post copies of the t notice in conspicuous places available to employees and applicants for � CI C' CI'' employment. (4) The Contractor will comply with all provision of Executive Order 11246 of September 24, 1965, the Age Discrimination in Employment Act of 1967, 29 U.S.C.A. 621 (198�), Executive Order 122�0 of November 2, 19�0, the Rehabilitation Act of 1973, 29 U.S.C.A. 701 et seq. (198�), and of the rules, re�ulations, and relevant orders of the Secretary of Labor. (�) The Contractor will fumish 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 investiQation to ascertain compliance with such rules, regulations, and orders. y � � � � �I � u �•l � � LoJ a �. � � � L�J � �I l!J � ��� (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 ma;� be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineli�ible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order I I246 of September 24, 196�, and such ot�er sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, re�ulation, or order of the Secretary of Labor or as otherwise provided by law. � (7) The Contractor will include the portion of the sentence immediately precedin� para�raph l, and the provisions of para�raphs lthrough 7 in every subcontract or purchase order unless eYempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 196�, so that such provisions will be bindin� upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering a�ency may direct as a means of enforcin; such provision, inclu�ing sanctions for non compliance: PROVIDED, HOWEVER, That in the ever.t a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by�the administerin� a�ency the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (8) The Contractor will comply with E�ecutive Order 11246 based on its implementation of the Equal Opportunity Clause, specifc affrmative action obliaations required by the Standard Federal Equal Emp:oyment 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 hours of minority and female employment and training must be substantially uniform throu�hout the lenJth of the Contract, and in each trade, and the Contractor shall make a aood faith effort to employ minorities and women e��enly on each of its projects. The transfer of minority or femaIe employees or trainees from Contractor to Contractor or from project to project for the sole purposed of ineetin� the Contractor's �oals shall be a violation of the Contract, the Executive Order, and the regulations in 4I CFR Part 60-4. The goals are expressed as percenta�es of the total hours of eznployment and 'training of minority and female utilization the Contractor should reason�ably be able to achieve in each construction trade in which it has emaloyees in the covered area. Goals are published periodically in fhe Federal Reaister in notice forzn, and such notices may be obtained from any office of federal contract compliance programs office or from federal procurement contracting officers (�12) 229-�83�. The Contractor is expected to make substantiall}� uniform progress toward its �oal in each C a�� � � craft during the period specitied. . Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion � ` of the work involvin; 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 the applicable goals set for minority and female � � participation and which is set forth in the solicitation from which this contract resulted. l■1 0 ; L � � a` � � � � � l-J � C� y � � � a � � � � � � � � � � � � �� �� � � � � S.R.F. 1. The Contractor shall compiete the two attached Texas Water Development Board forms at time of contract execution. 2. The Contractor shall submit along with the by-monthly payroll certification the attached form SRF-74, Certification By Contractor for Labor Standard Compliance. �� �� � �� � �. � � � � � � ,� � ,� � � � � This is to certify that the SITE CERTIFICATE (Legal Name of Applicant, i.e., City, District, etc.) has now acquired, taken bona fide options on, or initiated formal condemnation proceedings against all property (sites, easements, rights-of-way, or specific use permits) necessary for construction, operation and maintenance of wastewater facilities described as (Proposed Contract No. and Description) in accordance with plans and specifications approved by the Texas Water Development Board. Any deeds or documents required to be recorded to protect the title(s) held by (Legal Name of Applicant) have been recorded or filed for record wherever necessary. In the event of conflicts with existing underground utilities or preserve unknown cultural or historic resources, the (Name of Applicant) has the right of eminent domain and will take condemnation action, if necessary, to acquire any sites, easements or rights-of-way which may be required to change the location of any of the facilities described above; and upon acquisition of the rights-of-way and recording of documents, will submit another site certificate to that effect. EXECUTED this day of � ,19 (Signature) (Title) NOTE: This certificate MUST BE EXECUTED BY AN ATTORNEY OR AN ABSTRACTOR qualified to evaluate the Applicant's interest in the site and make such a determination. A2-1 � � � �`l � i� '� � sJ CONTRACTOR'S ACT OF ASSURANCE STATE OF TEXAS COUNTY OF 1 rra� BEFORE ME, ��.�17'iG�a ��-��-�.i��a.. , a Notary Public duly commissioned and qualified in and for the County of �Cc I'/'Q,t..� in the State of Texas came and appeared �n u��(l�nr'nJ par�c.C��'S� , as represented by �1 �..(a �1 �CcKC� , the corporation's �?'.��-; G�.� , who declares he/she is authorized to represent ��G�-��� W�-r�GCiSe- pursuant to provisions of a resolution adopted by said corporation on the /� day of �."� �i�- , 19� (a duly certified copy of such resolution is attached to and is hereby Qmade a part of this document). 1�t,�1r� � (l_a.K.c� � � �� � � , as the representative of �bu�lc.¢.rN �G-r'�. Ci.15�Z declares that _��l�,r,�! ��,ru.cl i SQ. assures the Texas Water Development Board that it will construct i'YIQ,�'��S Iq-� as$ project at �r� I,J � r�l-�. , 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 �� day of ��� 199 el AD � �����"Y pV�/i� PATRICIA QUINTANILIJ; G�Uf.C.G�c� i�[,c�c.���t-c�f L �. ��5� �� IVOT/1RY PUBLIC � /l �� / '�� pp A ExP 0�2002 �(.CTi"l G!� lX �- � I1 T�/�/ I�� D ������/h�i�����` � MM Printed Name �� � My Commission expires � �� �ZOOZ A3-1 � ��� ��f�i �ACTOR'S ACT OF ASSURANCE RESOLUTION • -�-�`�- � � �no� �--• C�c�\\ o-no� "`'�' , - , � Name � „ .�� s� .� ,�.., � ���� ,� 1 hereby certify that it was RESOLV�D by a quorum of the directors of the �-'( � � �.'�^.��.c��C�,�c�.c�.���P. �o���.'�0�1 C� • , �,.c`�, . .. � .. � -. Name of Corporation meeting �n t`he day of io- �y , 19 ��,, that ����� l�• t-�QI�o��c9. , �� � ,`�, and hereby is authorize�d to act on behalf o�,. �������.S:ge ��-��-� �G: �. �,��� �,�, a ��, Name of Corporation :, as its representative, in all business transactions conducted in the State of Texas, and; ;� That ail 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 I�(� day of (�-��,4:�._�-- , 199 � . 'D „�, « r,,+,19i ' �r �f'.,k R�1 (seal) �� , � � � ` Se tary -���I ��� ������!��� ��'��ia���►�����i�i���p�q�������ql��������������� �, � - A4-1 �� �� . , � �w �. � � , � � � �r �� .�,�>� a , . „��r _ . �, ,� . . . „�, _ _ ... ,. _ , � ; �' i, . �I��� 1���'�w��ll���{FMI����� �5.��4',�1�w����..�A������I�Ti��Y"�"�11��I � ,� ��� i,� : , �E� �� � , �,���,. �'�„ e � �. I � � � � � � � � �'` � - . , CONTRACTOR'S ACT OF ASSURANCE RESOLUTION Name I hereby certify that it was RESOLVED by a quorum of the directors of the Name of Corporation meeting on the day of , 19 , that be, and hereby is authorized to act on behalf of 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 day of ,199 Secretary (seal) A4-1 , � � a B � � � a J � � � � a � � � � � CERTIFICATION BY CONTRACTOR of LABOR STANDARDS COMPLIANCE In accordance with Title 29, Subtitie A, Part 5, Section 5.6(A)(1), each monthly engineering estimate must be accompanied by the following certificate executed by each prime contractor employing mechanics and laborers at the work site in which the federal government is to participate: Date Estimate Number: �for period to Name of Project Contract Number Location Date of Contract Awarded State Revolving Fund Loan Number I hereby certify that all of the contract requirements as speci�ed under the labor standards have been complied with by: as principal contractor and by each subcontractor (Name of Contractor) employing mechanics or laborers at the site of the work, or there is a substantial dispute with respect to the required provisions. Name of Contractor/Subcontractor Signature and Title Notes: 1. This certification may be placed on the estimate or on a separate sheet attached to the estimate. 2. The Texas Water Development Board shall, prior to approving a voucher, satisfy itself that copies of these certificates are on file with the owner. A5-1 City of Fort Wor�th, Texas �1✓�Ayar And Caunc�l ammun�cAt�an C DATE REFERENCE NUMBER LOG NAME PAGE 10/19/99 **C-17697 30-820 1 of 2 SUBJECT AWARD OF CONTRACT TO SOUTHERN PARADISE CONSTRUCTION COMPANY FOR MAINS 19 AND 258 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 5, CONTRACT 1) PART 8, UNIT 5 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Southern Paradise Construction Company in the amount of $117,104.00 for Mains 19 and 258 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 1) Part 8, Unit 5. DISCUSSION: On March 13, 1998 (M&C C-16648), the City Council authorized the City Manager to execute an engineering agreement with Dannenbaum Engineering Corporation to prepare plans and specifications for the reduction of inflow/infiltration in sanitary sewer Mains 19 and 258 drainage areas. The project is part of the City's Integrated Wet Weather Wastewater Management Program to comply with an administrative order from the U.S. Environmental Protection Agency to eliminate sewer overflows from the City's wastewater collection system. The project consists of the replacement of Lateral L-7356 beginning from a point located 1,100 feei south of the north east intersection of East Loop 820 and U.S. Highway 287, then southward 1,400 feet. The proposed improvements consist of the replacement of approximately 1,400 linear feet of primarily 8-inch sewer pipe. The project is located in COUNCIL DISTRICT 5, Mapsco 93E. The project was advertised for bid August 12 and 17, 1999. On September 9, 1999, the following bids were received: BIDDER Southern Paradise Construction Comnanv Jackson Construction, Inc. Burleson Utilities, Inc. Whizcon Utilities, Inc. Long Construction & Engineering, Inc. AMOUNT $117.104.00 119,647.80 165,530.40 185,658.00 198,606.00 TIME OF COMPLETION 90 Calendar Days In addition to the contract cost, $8,200 is required for inspection and survey and $6,000 is provided for project contingencies. Southern Paradise Construction Company is in compliance with the City's M/WBE Ordinance by committing to 17% M/V1/BE participation. The City's goal on this project is 17%. � City of Fort Worth, Texas �1►�Ayar And C,aunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 10/19/99 **C-17697 30-820 2 of 2 SUBJECT AWARD OF CONTRACT TO SOUTHERN PARADISE CONSTRUCTION COMPANY FOR MAINS 19 AND 258 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 5, CONTRACT 1) PART 8, UNIT 5 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds a�e available in the current capital budget, as appropriated, of the State Revolving Fund-Sewer. MG:j , � Submitted for City Manager's Oftice by: Mike GroRmer Originating Department Head: A. Douglas Rademaker Additional� Information Contact: A. Douglas Rademaker 61.A0 G157 I FUND � ACCOUNT � CENTER � AMOUNT � (t�) I � I � I (from) � PE42 541200 070420416870 $117,104.00 CITY SECRET'ARY AAPROVED C�TY COUNCIL OCT 1 g 1999 �4 �'� Cit� S�aetar� o! th� Cit� af Fort Worth, Y1ncaA � G157 �