Special_Conditions_-_North_Grove_Park.pdf

CITY OF WAXAHACHIE, TEXAS

NORTH GROVE PARK

Special Conditions

North Grove Park

SC.01 General

SC.02 Engineer of Record

SC.03 Location of Project

SC.04 Scope of Work

SC.05 Forms, Plans, & Specifications

SC.06 Time and Order of Completion

SC.07 Qualifications of Bidder

SC.08 Addenda

SC.09 Liquidated Damages for Delay of Contract

SC.10 Copies of Plans and Specifications Furnished

SC.11 State and City Sales Taxes

SC.12 Referenced Specifications

SC.13 Trade Names and Materials

SC.14 Permits and Right-of-Way

SC.15 Property Lines & Monuments

SC.16 Existing Structures

SC.17 Existing Utilities and Service Lines

SC.18 Public Utilities & Other Property To Be Changed

SC.19 Fences, Drainage Channels and Crop Damage

SC.20 Project Maintenance

SC.21 Cleanup

SC.22 Guaranty Against Defective Work

SC.23 Testing and Quality Control

SC.24 Coordination With Others

SC.25 Use of Explosives

SC.26 Barricades, Lights and Watchmen

SC.27 Sanitary Facilities

SC.28 Disposal of Waste & Surplus Excavation

SC.29 Inspection

SC.30 Lights and Power

SC.31 Insurance Requirements

SC.32 Superintendence by Contractor

SC.33 Connections To Existing Facilities

SC.34 Construction Schedule and Projection of Payments

SC.35 Examination of Site of Project

SC.36 Partial Payments

SC.37 Construction in Public Roads & Private Drives

SC.38 Protection of Trees

SC.39 Grass Repair

SC.40 Antitrust

SC.41 Construction Data

SC.42 Pre-Construction Conference

SC.43 Shop Drawings & Engineering Data

SC.44 Lines and Grades

SC.45 Overtime Work

SC.46 Dust Control

SC.47 Pollution Control

SC.48 Project Access

SC.49 Sanitary Sewer Pipe Materials

SC.50 Video of Completed Sanitary Lines

SC.51 TPDES General Permit Approved for Construction of Storm Water

Special Conditions

North Grove Park

SC.01 GENERAL

The provisions of this section of the specifications shall govern in the event of any conflict between them and the "General Conditions of Agreement."

SC.02 ENGINEER

The word "Engineer" in these specifications shall be understood as referring to the City Engineer, 408 S. Rogers Waxahachie, TX 75165 Engineer of Record for the Owner, or such other representatives as may be authorized by said Owner to act in any particular position.

SC.03 LOCATION OF PROJECT

This project is located in the City of Waxahachie, Ellis County, Texas. A map showing the work area is included in the plans.

SC.04 SCOPE OF WORK

The work to be performed under this contract consists of furnishing all materials, labor, supervision, tools, equipment and all incidentals required & performing all work necessary for the North Grove Park. The project includes Project Description.

SC.05 FORMS, PLANS & SPECIFICATIONS

Forms of Proposal, Contract and Bonds, and Plans and Specifications may be obtained from the office of the City Engineer, 408 S. Rogers Waxahachie, TX 75165.

SC.06 TIME AND ORDER OF COMPLETION

All items of work include under this contract shall be completed within 180 calendar days for base bid and an additional 60 calendar days with alternate bid, which time shall commence on the tenth (10th) day after the issuance of the work order. The work order shall consist of a written request by the Engineer from the Contractor to proceed with the construction of the project.

SC.07 QUALIFICATION OF BIDDER

It is the intention of the Owner to award a contract for the work included in this project on the basis of the lowest acceptable bid submitted by a qualified bidder, as determined by the Owner.

Prior to award of the contract, the bidder shall submit such evidence as the Owner may require to establish the bidder’s qualifications to satisfactorily perform the work included in this project. Information that may be required shall include: (1) the bidder’s current financial statement including amount of funds readily available to commence and carry out the work. (2) a list of equipment available for this project. (3) a list of projects that have been satisfactorily completed by the bidder and are of the same general type as included in this contract, together with the names, addresses and phone numbers of persons familiar with this work, and (4) other information that may be pertinent to the bidder’s qualifications.

Should the bidder fail to produce evidence satisfactory to the Owner on any of the foregoing points he may be disqualified and the work awarded to the next bidder so qualifying.

SC.08 ADDENDA

Bidders desiring further information or interpretation of the plans and specifications must make request for such information to the Engineer prior to forty-eight (48) hours before the bid opening. Answers to all such requests will be given in writing to all bidders in addendum form and all addenda will be bound with and made a part of the contract documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the plans, specifications, or contract documents, or should he be in doubt as to

Special Conditions

North Grove Park their meaning, he is requested to notify the Engineer in order that a written addendum may be sent to all bidders.

Any addenda issued prior to the opening of bids will be emailed or mailed to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any addenda if such are issued by the Engineer. Contractor shall be responsible to verify with Engineer if addenda’s have been issued and that they have received all addenda.

SC.09 LIQUIDATED DAMAGES FOR DELAY BY CONTRACTOR

The Contractor understands and agrees that time is of the essence of this contract and that for each day of delay beyond the date agreed upon for the completion of all items of work herein specified and contracted for (after due allowance of such extension of time as is provided for in the General Conditions of Agreement), the Owner may withhold permanently from the Contractor's total compensation liquidated damages based on the contract value for substantial and final completion as stipulated damages for such delay:

a. Less than 25,000.00 - $200 Per Day

b. 25,000.00 to 99,999.99 - $350 Per Day

c. 100,000.00 to 999,999.99 - $500 Per Day

d. More than 1,000,000.00 - $1,000 Per Day

SC.10 COPIES OF PLANS AND SPECIFICATIONS FURNISHED

One (1) full size and Two (2) half size sets of plans and specifications shall be furnished to the Contractor, at no charge, for construction purposes. Additional copies may be obtained at cost of reproduction upon request.

SC.11 STATE AND CITY SALES TAXES

Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty.

It is still possible, however, for a contractor to make tax-free purchases of tangible personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the City for those materials. (This procedure may not be used, however, for materials which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project.)

Non-Taxable materials are designated as such in each bid item. All other items are labor and taxable material.

SC.12 REFERENCED SPECIFICATIONS

Where reference is made in these specifications to specifications compiled by others, such reference is made for expediency and standardization from the material supplier's point of view, and such specifications referred to are hereby made a part of these specifications.

SC.13 TRADE NAMES AND MATERIALS

No material which has been used by the Contractor for any temporary purposes whatever is to be incorporated in the permanent structure without written consent of the Engineer.

Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper", or

Special Conditions

North Grove Park

"equal to" are used, they shall be understood to mean that the thing referred to shall be proper, the equivalent of, or equal to some other thing, in the opinion of judgment of the Engineer. Unless otherwise specified all materials shall be of the best of their respective kinds, shall be in all cases fully equal to approved samples and shall never have been used for any temporary purpose whatsoever. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute shall be approved in writing by the Engineer, and the Engineer shall have the right to require the use of such specifically designated material, article or process.

SC.14 PERMITS AND RIGHT-OF-WAY

The Owner will provide rights-of-way for the purpose of construction without cost to the Contractor by securing permits in areas of public dedication or by obtaining easements across privately owned property. It shall be the responsibility of the Contractor, prior to the initiation of construction through private property, to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication, the Contractor shall inform the agency having jurisdiction in the area forty-eight (48) hours prior to initiation of work, unless otherwise specified herein.

SC.15 PROPERTY LINES & MONUMENTS

The Contractor shall protect all property and right-of-way corner markers, and when any such markers or monuments are in danger of being disturbed they shall be properly referenced and if disturbed shall be reset at the expense of the Contractor.

SC.16 EXISTING STRUCTURES

The plans show the location of known surface and subsurface structures and service lines. However, the Owner assumes no responsibility for failure to show any or all of these structures on the plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or require the building of such work, provisions for which are not made in the plans and proposal, in which case the provisions in these specification for extra work shall apply.

SC.17 EXISTING UTILITIES & SERVICE LINES

The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by his construction operations. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense.

The Contractor shall contact the utility company prior to construction near their services.

SC.18 PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED

In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the utility company and approved by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs to their property that may be made necessary by the performance of this contract.

SC.19 FENCES, DRAINAGE CHANNELS AND CROP DAMAGE

Boundary fences or other improvements removed to permit this construction shall be replaced in the same location and left in a condition as good as or better than that in which they were found. No separate pay item has been established for fence removal and replacement. All work and materials required to remove and replace existing fences shall be considered subsidiary to the appropriate bid items.

Where surface drainage channels are disturbed or blocked during construction, they shall be restored to their original condition of grade and cross section after the work of construction is completed.

Special Conditions

North Grove Park

In locations where the work site is in or adjacent to fields containing crops, the Contractor shall reimburse the Owner of said crops for all damages thereto as a result of activities of the Contractor, except crops which lie within the permanent or construction easement.

SC.20 PROJECT MAINTENANCE

The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of his contract.

SC.21 CLEANUP

The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site as construction of that portion is completed. No item of work will be considered complete for payment purposes until required cleanup has been performed.

Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an acceptable appearance. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition.

SC.22 GUARANTY AGAINST DEFECTIVE WORK

The Contractor shall indemnify the Owner against any repairs which may become necessary to any part of the work performed under the contract, arising from defective workmanship or materials used therein, for a period of two (2) years from the date of final acceptance of the work.

SC.23 TESTING AND QUALITY CONTROL

A. Testing Materials

Observation of the Contractor's work to determine compliance with the plans and specifications will include testing of material installed on the project. Testing of work performed and materials furnished shall be done by a commercial laboratory employed by the Owner. The Contractor shall use only materials in the work which meet the requirements of the specifications. The City will employ the services of an Engineering Testing Laboratory to make inspections and to sample and test the materials to be used in the work. The Contractor shall furnish, at his own expense, all necessary specimens for testing of the materials and when requested, shall furnish a complete written statement of the origin, composition, and/or manufacturer of any or all materials that are to be used in the work. All materials not conforming to the requirements of the specifications will be rejected.

B. Quality Control During the construction, the Owner will retain the Engineering Testing Laboratory to perform services related to checking the quality of the work being performed by the Contractor to determine if the improvements are being constructed in accordance with the plans and specifications. THIS QUALITY CONTROL SERVICE

DOES NOT RELIEVE THE CONTRACTOR OF HIS RESPONSIBILITY WITH REGARD TO

CONSTRUCTING THE WORK IN ACCORDANCE WITH THE CONTRACT. If the Contractor fails to meet specified conditions, by the second test, further tests to demonstrate compliance with the contract shall be at the expense of the Contractor.

SC.24 COORDINATION WITH OTHERS

In the event other contractors are doing work in the same area simultaneously with this project, the Contractor shall coordinate his proposed construction with that of the other contractors.

SC.25 USE OF EXPLOSIVES

Use of explosives will not be allowed on this project.

Special Conditions

North Grove Park

SC.26 BARRICADES, LIGHTS & WATCHMEN

Where the work is carried on in or adjacent to any street, alley or public place the Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, lights, and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be painted in a reflective color that will be visible at night. The Contractor shall furnish watchmen in sufficient numbers to protect the work.

The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, lights and watchmen to protect it and whenever evidence is found of such damage the Contractor shall immediately remove the damage portion and replace it at his cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the project shall have been accepted by the Owner.

SC.27 SANITARY FACILITIES

Contractor shall furnish temporary sanitary facilities at the site, as provided herein, for the needs of all construction workers and others performing work or furnishing services on the project.

Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically treated type are used, at least one toilet will be furnished for each 20 men. Contractor shall enforce the use of such sanitary facilities by all personnel at the site.

SC.28 DISPOSAL OF WASTE & SURPLUS EXCAVATION

All trees, stumps, slashings, brush, other debris or deleterious material generated as a part of this work, shall be removed from the property. Any required disposal permits shall be the sole responsibility of the Contractor.

All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner except in locations where, in the judgment of the Owner, it can be neatly spread over the adjacent area.

SC.29 INSPECTION

The word "Inspection", or other forms of the word, as used in the contract documents for this project shall be understood as meaning the Owner's agent will observe the construction on behalf of the Owner. The Owner's agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance.

SC.30 LIGHTS AND POWER

The Contractor shall provide, at his own expense, temporary lighting and power facilities required for the proper prosecution of the work.

SC.31 INSURANCE REQUIREMENTS

At the time of bid, Contractor shall include in sealed bid package a Certificate of Insurance in the limits established in this Special Condition.

Before the Contractor commences work in connection with this contract, or before he allows any subcontractor to commence any work, he shall purchase Comprehensive General Liability insurance in the amount of $2,000,000 with Bodily Injury limits of not less than $1,000,000 each occurrence and $1,000,000 in the aggregate, and property damage limits of not less than $1,000,000 each occurrence and $1,000,000 in the aggregate.

Special Conditions

North Grove Park

The Contractor shall purchase and furnish to the Owner, an Owner's and Contractor's Protective Liability policy in the amounts designated above, with the City of Waxahachie as insured and the Engineer, their agents and employees as additional insureds.

The Contractor shall furnish a Certificate of Insurance for the above coverage with a provision that the Owner will be notified by the insurance company ten (10) days prior to cancellation of the policy during the term of this contract, and if canceled a new policy must be furnished prior to cancellation. All required insurance shall remain in force through the duration of this contract.

Should any person sustain bodily injury or property damage within the limits of this project, the Contractor or his Insurance Agent shall investigate immediately and report his findings in writing to the Owner. If the Contractor fails or refuses to investigate and report such occurrence upon notification of the injured or damaged party or the Owner, then the Owner shall file for coverage under the Owners' and Contractors' Protective Liability policy. All subcontractors shall comply with the requirements of this Special Condition item.

SC.32 SUPERINTENDENCE BY CONTRACTOR

The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of the Work subcontracted.

SC.33 CONNECTIONS TO EXISTING FACILITIES

Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials, and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously (around the clock if necessary) to complete connections in the minimum time. Operations of valves or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the Owner.

SC.34 CONSTRUCTION SCHEDULE AND PROJECTION OF PAYMENTS

Prior to starting work, the Contractor shall submit a proposed schedule for the work included herein and shall submit any major revisions to this schedule as the project progresses. This schedule shall provide for completion of the project within the time provided in the specifications.

SC.35 EXAMINATION OF SITE OF PROJECT

Prospective bidders shall make a careful examination of the site of the project, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, and as to method of providing ingress and egress to private properties, and methods of handling traffic during construction of the entire project.

SC.36 PARTIAL PAYMENTS

Item 109.5.2 of the General Provisions of Agreement (NCTCOG) shall be revised with the addition to the following:

On projects where the contract price, at the time of execution, is greater than $25,000 and less than $400,000, the Owner shall retain 10% of the amount due the Contractor until final payment, or the Owner may retain 10% of the amount due the Contractor until final payment with the retainage above 5% deposited in an interest bearing account and interest earned on such 5% retained funds shall be paid to the Contractor upon completion of the contract.

SC.37 CONSTRUCTION IN PUBLIC ROADS AND PRIVATE DRIVES

No public road shall be entirely closed overnight. It shall be the responsibility of the Contractor to build and maintain all weather bypasses and detours, if necessary, and to properly light, barricade and mark all bypasses and detours that might be required on and across the roads involved in the work included in this contract.

Special Conditions

North Grove Park

The Contractor shall make every effort to complete construction and allow immediate access to adjacent property at driveway entrances located along the roads. Owners or tenants of improvements where access and/or entrance drives are located shall be notified at least twenty-four (24) hours prior to the time the construction will be started at their drive-ins or entrances and informed as to the length of time driveways will be closed, which period shall not exceed six (6) hours.

The Contractor shall be responsible for all road and entrance reconstruction and repairs and maintenance of same for a period of one year from the date of such reconstruction. In the even the repairs and maintenance are not made immediately to the satisfaction of the Owner, and it becomes necessary for the Owner to make such repairs, the Contractor shall reimburse the Owner for costs of such repairs.

The Contractor shall, at all times, keep a sufficient width of the roadway clear of dirt and other material to allow the free flow of traffic. The Contractor shall assume any and all responsibility for damage, personal or otherwise, that may be caused by the construction along roads and private drives.

SC.38 PROTECTION OF TREES

The Contractor shall make every reasonable effort to protect all trees along the project right-of-way. When crossing private property no tree outside of the permanent right-of-way of the project, six inches (6") in diameter or larger shall be removed or have limbs trimmed without the approval of the Owner. Clipping or sawing of branches shall be done neatly by an approved method to prevent splitting or tearing of the wood. Pruning paint shall be applied to the newly cut branches. Minor adjustments in alignment will be allowed to protect trees.

SC.39 GRASS REPAIR

Contractor shall obtain a “Stand of Grass” for an area to be considered repaired. A “Stand of Grass” is obtained when an area to be seeded or hydro-mulched has at least 75% of the area covered with grass at least 1-inch high with no bare patches larger than 3 to 4 feet in diameter. Areas designated to be seeded or hydro-mulched shall obtain a “Stand of Grass” prior to qualifying for acceptance by the Owner and additional seed, fertilizer and water or hydro-mulch and water shall be applied until a “Stand of Grass” is obtained. No separate pay shall be made for repair of damaged grass areas, unless indicated on the plans, but such work as required shall be subsidiary to the various other items bid.

SC.40 ANTITRUST

The Contractor hereby assigns to the Owner any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the United States 15 U.S.C.A. Sec. 1, et seq. (1973).

SC.41 CONSTRUCTION DATA

The Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to Engineer and shall be delivered to him for Owner upon completion of the work.

SC.42 PRE-CONSTRUCTION CONFERENCE

Prior to the commencement of work at the site, a pre-construction conference will be held at a mutually agreed time and place. The conference shall be attended by:

· Contractor and his superintendent

· Principal Subcontractors together with Principal suppliers and manufacturers representatives

· Engineer

· Representatives of Owner

· Materials Testing Laboratory

· Others as requested by Contractor, Owner or Consulting Engineer

Special Conditions

North Grove Park

Unless previously submitted to Owner, Contractor shall bring to the conference a tentative schedule for each of the following:

· Progress Schedule

· Cash Flow

· Shop Drawings and other submittals

The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established.

The agenda will include:

· Contractor's tentative schedules

· Transmittal, review and distribution of Contractor's submittals

· Processing applications for payment

· Maintaining record documents

· Critical work sequencing

· Field decisions and Change Orders

· Use of premises, office and storage areas, security, housekeeping, and Owner's needs

· Major equipment deliveries and priorities

Owner will preside at the conference and will arrange for keeping the minutes and distributing the minutes to all persons in attendance.

SC.43 SHOP DRAWINGS & ENGINEERING DATA

Engineering data covering all equipment and fabricated materials to be furnished under this contract that shall be permanently incorporated to the project shall be submitted to Engineer for review. This data shall include drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and operation of component materials and devices; the external connections, anchorages, and supports required; performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. Concrete mix designs shall be submitted for review.

All submittals regardless of origin, shall be stamped with the approval of Contractor and identified with the name and number of this contract, Contractor's name, and references to applicable specification paragraphs and Contract Drawings. Each submittal shall indicate the intended use of the item in the work. When catalog pages are submitted, applicable items shall be clearly identified. The current revision, issue number, and date shall be indicated on all drawings and other descriptive data.

Contractor's stamp of approval is a representation to Owner and Engineer that Contractor accepts full responsibility for determining and verifying all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that he has reviewed or coordinated each submittal with requirements of the work and Contract Documents.

All deviations from the Contract Documents shall be identified on each submittal and shall be tabulated in Contractor's letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by Contractor (including modifications to other facilities that may be required as a result of the deviation) and all required piping and wiring diagrams.

Contractor shall accept full responsibility for the completeness of each submission, and, in the case of a resubmission, shall verify that all exceptions previously noted by Engineer are accounted for.

Special Conditions

North Grove Park

A minimum of five copies of each Drawing and necessary data shall be submitted to Engineer. Engineer will not accept submittals from anyone but Contractor.

When the drawings and data are returned marked REJECTED or REVISE AND RESUBMIT, the corrections shall be made as noted thereon and as instructed by Engineer and five corrected copies resubmitted.

When corrected copies are resubmitted, Contractor shall in writing direct specific attention to all revisions and shall list separately any revisions made other than those called for by Engineer on previous submissions.

It will be Contractor’s responsibility to schedule the submission of submittals so as not to impede the scheduled construction activities or affect the completion date.

Any need for more than one resubmission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the work is directly caused by a change in the work authorized by a Change Order or by failure of Engineer to return any submittal within 30-days after its receipt in Engineer's office.

The Engineer's review of drawings and data submitted by Contractor will cover general conformity to the Drawings and Specifications, external connections and dimensions that affect the layout. Engineer's review does not indicate a thorough review of all dimensions, quantities, and details of the material, equipment, device, or items shown.

Engineer's review of submittals shall not relieve Contractor from responsibility for errors, omissions, or deviations, or responsibility for compliance with the Contract Documents.

Contractor shall submit shop drawings on a maximum page size of 11-inch x 17-inch, single sided, legible copies from original. No fax copies will be accepted.

SC.44 LINES AND GRADES

The Owner had the Engineer establish the horizontal control points and benchmarks as shown on the Plans. The Contractor shall give the Owner and Engineer at least three (3) working days notice prior to the need for establishment of additional control points and benchmarks. Establishment of the horizontal control and benchmarks by the Owner shall in no way relieve the Contractor of the responsibility of constructing the work in accordance with the alignment and grade as shown on the Plans.

The Contractor will be responsible for all field and construction staking. Any work performed without being properly located may be ordered removed and replaced at the Contractor’s expense.

The cost of replacing any stakes or property monuments, which were disturbed by the Contractor, shall be charged against the Contractor and deducted from the payment for the work.

SC.45 OVERTIME WORK

No work shall be scheduled between 7:00 p.m. and 7:00 a.m. or on Saturdays, Sundays, or legal City holidays without permission of Owner. Should Contractor desire to work on these days, he shall contact the Owner, in writing, for approval at least 48 hours in advance. However, emergency work may be done without prior permission. Tie-ins and connections to existing facilities will be made at time authorized by the Owner.

SC.46 DUST CONTROL

Contractor shall take responsible measures to prevent unnecessary dust. Earth surfaces subject to creating dust shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or in transit shall be covered when practical to prevent blowing. Machinery, motors, instrument panels, or similar equipment, shall be protected by suitable dust screens with proper ventilation included.

Special Conditions

North Grove Park

SC.47 POLLUTION CONTROL

Contractor shall prevent the release of sanitary wastes, sediment, debris and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris or other substance will be permitted to enter sanitary sewers and reasonable measures will be taken to prevent such materials from entering any drain or watercourse.

SC.48 PROJECT ACCESS

Access to the project is limited to public right-of-way and permanent and temporary construction easements. If additional access is required or desired it shall be acquired by the Contractor, with written approval from the affected property owners being provided to the Owner. Such approval shall be received by the Owner prior to use of additional access areas. Contractor shall be responsible for all street repairs necessary for use of unapproved streets.

SC.49 SANITARY SEWER PIPE MATERIALS

The following sanitary sewer pipe is acceptable for this project in accordance with the assigned NCTCOG Standard Specifications.

· Polyvinyl Chloride (PVC):

à AWWA C900 Water Pipe (Green for Force Main) à ASTM D3034, SDR-35 or SDR-26 Sanitary Sewer Pipe and Fittings

SC.50 VIDEO OF COMPLETED SANITARY LINES

The Contractor shall video the completed and tested (passing) sanitary sewer line at the following times:

A. Completion of the field installation and prior to acceptance by the City.

B. 23-months after final acceptance by the City.

One copy of video shall be forwarded to the City.

The video activities shall be scheduled with the knowledge of the City. A review of the video shall be an integral part of the acceptance procedure by the City. This applies to the 2-year Maintenance Bond. Release shall not occur unless the video is presented and the condition of the line is accepted, partially based on this video.

Payment for video shall be subsidiary to other items in the Proposal and Bid Schedule.

SC.51 TPDES General Permit Approved for Construction of Storm Water

TPDES Construction General Permit, Permit No. TXR150000, was approved, signed and became effective on March 5, 2018.

The Texas Pollutant Discharge Elimination System (TPDES) program implements the federal National Pollutant Discharge Elimination System (NPDES) program in the state of Texas. The EPA Region 6 (located in Dallas) has administered the Phase I storm water general permit for construction activities disturbing 5 or more acres within the state of Texas until the TPDES permit has been issued. On March 5, 2018 the TCEQ became the permitting authority for these discharges. This general permit also covers storm water discharges from Phase II construction activities that disturb at least 1 acre and less than 5 acres. Further information may be obtained from the Executive Director's Response to Comments and the TXR150000 Fact Sheet.

Special Conditions

North Grove Park

A. Work Begun On or After 3/5/2018 - For construction projects that started after the issuance of the TPDES general permit and that will disturb 5 or more acres:

1) Obtain a copy of the TCEQ CGP (TPDES Permit No. TXR150000).

2) Develop and implement a storm water pollution prevention plan (SWP3).

3) Complete and submit an NOI to the TCEQ (using the TCEQ form) to the address listed on the form prior to the commencement of the construction.

4) Submit a Notice of Termination (NOT) once the site has reached final stabilization.

5) The NOI and NOT Forms and Instructions are attached.

B. 1 to Less Than 5 Acres Disturbed

For construction projects that will disturb 1 or more acres, but less than 5 acres, including the larger common plan of development:

1) Obtain a copy of the TCEQ CGP (TPDES Permit No. TXR150000).

2) Develop and implement a storm water pollution prevention plan (SWP3).

3) Complete and post a site notice.

4) Before construction begins,

· If the site qualifies, complete and submit a Low Rainfall Erosivity Waiver Form.

· Or complete and post a site notice. (Template at the end of TPDES Permit No. TXR150000)

For construction projects that will disturb 1 or more acres, but less than 5 acres, and are part of a larger common plan of development or sale that will disturb 5 or more acres, refer to 5 or More Acres Disturbed.

C. Smaller Sites

For construction projects that will disturb less than one acre and are not part of a larger common plan of development, coverage under this permit is not required.

If the construction activity develops into a larger project, then permit coverage may be required at that time based on the total number of acres that will be disturbed: 5 or More Acres or 1 to Less Than 5 Acres