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HomeMy WebLinkAboutContract 26682CIN SECRETARY � D.O.E. FlLE CONTRACTOR'S BONDING �Q, CONSTRUCTlON'S COPY CLIENT DEPARTMEN� KENNETH L. BARR MAYOR , SPECIFICATIONS � CONTRACT DOCLJIVIENTS FOR UTILITY CUT REPAIR CONTRACT 2001A PROJECT NUMBERS: PW53-060530176040 PS58-070580175390 '� G1TY SECRETqRY � � � CONTRACT NO. A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING BOB TERRELL CITY MANAGER PREPARED BY DEPARTMENT OF ENGINEERING �!G�I�U � �G���f�, �����CC� ° � nI'(I'� 1�r (I�� " II.1 � �I' .�r��� �UV�u GU(r"U��4�/r+16ti1? r�1��' r�,� 4`' (L1�I1.� 1� C�� % _�. ._,�`� 6� `i� f6Ul�'JI���`n.—. s y� � � • ., �: ��'�� % !L 2/20/01 City of Fort Wo�th, Texas Ma or and Council, Y Communication REFERENCE NUMBER **C-18468 30WESTHILL E APPROPRIATION ORDINANCE AND AWARD OF CONTRACT I CONSTRUCTION, INC. FOR UTILITY CUT REPAIR CONTRACT 2001A RECOMMENDPtTION: It is recommended that the City Council: 1 of 2 STHILL 1. Authorize the transfer of $428,000 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $406,600 and the Sewer Capital Project Fund in the amount of $21,400; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $406,600 and the Sewer Capital Project Fund in the amount of $21,400 from increased revenue; and 3. Authorize the City Manager to execute a contract with Westhill Construction, Inc. in an amount not to exceed $400,000 and 365 calendar days for Utility Cut Repair Contract 2001A. DISCUSSION: The work to be performed under this contract consists of utility cut street repairs, which are necessary after main replacements and repairs are made by the Water Department's Field Operations crews. The Water Department is not staffed or equipped to deal with some of the larger repairs. This contract is necessary to maintain a reasonable repair schedule, minimize disruption to the motoring public and ensure the street repairs do not adversely impact the life of the remaining street. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and are based on the budgeted amount of $400,000. Final payments will be made based on actual measured quantities. Funding will be provided individually for each work order prior to its release. The bid docu�ne��t� also i��cluded a sti�ulat:�r. giving the City the option to renew this contract three times under the same terms, conditions, and unit prices. This project was advertised for bid on January 4 and 11, 2001. On February 1, 2001, the following bid was received: _ Bidders Westhill Construction, Inc. Amount $372,490 Time of Completion 365 Calendar Days One other bid packet was received but could not be considered because the bidder was not pre- qualified. The number of bidders were limited due to the nature of the project and the volume of work currently available to contractors in the area. The Engineering Department has reviewed the price structure and determined that it is reasonable. 2/20/01 City of Fo�t Wo�th, Texas � . Mayor and Counc� , Co�tmunication REFERENCE NUMBER LOG NAME PAGE **C-18468 30WESTHILL 2 of 2 APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO WESTHILI CONSTRUCTION, INC. FOR UTILITY CUT REPAIR CONTRACT 2001A � � Westhill Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 12°/o M/WBE participation. The City's goal on this project is 12%. The transfer amount includes $26,600 and $1,400 from Water and Sewer, respectively, for associated construction inspection. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation No. 1, and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Project Fund and the Sewer Capital Project Fund. MG:k Submitted for City Manager's Office by: � Mike Groomer 6140 Originating Department Head: A. Douglas Rademaker 6157 Additional Information Contact: A. Douglas Rademaker 6157 FUND 3) 3) ACCOUNT CENTER I AMOUNT D530176040 $406,600.00 D580175390 $ 21,400.00 D530176040 $380,000.00 D530176040 $ 26,600.00 D580175390 $ 20,000.00 D580175390 $ 1,400.00 0609020 $406,600.00 0709020 $ 21,400.00 CITY SECRETARY APPROVED 2-20-01 ORDINANCE NO. 14529 . � , ' � . � � � � 1 � �' , �' � ( ' � � '' '' • • ' 1�1 1 _•1�:1 ' �'• • ' : 1 1 :1 .� :•:' ''�. . . � DALE A. FISSELER, P.E. DIRECTOR WATER DEPARTMENT 2001 � APPROVED �-�4��0�� R--, 4� I.I ��� A.DOUGLAS RA �v1AKER, .E. DIRECTO D ARTMENT OF ENGINEERING i APPRO - S. FRANK CR , P.E. ASSISTA�T' DIREC OR, W�'ER�EPARTMENT � r � � , ,� � \ l��L-�����-�� ♦ ��,�� •� : � - -� � �. .. : ' : •' � ' DATE l. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. TABLE OFCONTENTS Notice to Bidders Special Instructions to Bidders Part B-Proposal Minority and Women Business Enterprises Specifications Part C-General Conditions Part D-Special Conditions Section E-Specifications Certificate of Insurance Contractor Compliance With Worker's Compensation Law Performance Bond Payment Bond Maintenance Bond Part G-Contract NOTICE TO BIDDERS Sealed proposals for the following: UTILITY CUT REPAIR CONTRACT 2001A PROJECT NiJMBERS: PW53-060530176040 PS58-070580175390 IS�]5l�[��c3►.L�:3 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Of�ice until 1:30 P.M., Thursday, February 1, 2001 and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of $20.00; such deposit will be refunded if the document is returned in good condition within 10 days after bids are opened. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) per set. Bid security is required in accordance with the Special Instructions to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn unt�l the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Infortnation regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. In accord with City of Fort Worth Ordinance No. 11923, as amended, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render your bid non- responsive. For additional information, contact Jim Deeter @ 871-7803 BOB TERRELL CITY MANAGER Advertising Dates: January 4, 2001 January 11, 2001 GLORIA PEARSON CITY SECRETARY Department of Engineering A. Dougl Rademaker, Director By John , . . Manager, Eng eering Services SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. fl Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose yualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury List, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. T'he amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. - 7. NONRESIDENT BIDDERS: Pursuant to Article 601 g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in , the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 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 or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the bases 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 subcontractor against City arising out of Contractor's andlor its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILTTY: 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 subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 1 1. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A • copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD - FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. 12. Upon request, Contractor agrees to provide the Owner complete and accurate infortnation regarding actual work performed by a Minority Business Enterprise (MBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. Revised U27/99 PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: Bob Terrell Fort Worth, Texas City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the repair of H.M.A.C. and Portland Cement Concrete pavements from 2-9 inches in thickness, concrete pavements from 5-7 inches, brick paving, curb and gutter, sidewalk and all incidental work necessary to provide a complete and serviceable project designated as: UTILITY CUT REPAIR CONTRACT 2001A Water Project No. PW53-060530176040 Sewer Project No. PS58-070580175390 Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Engineering Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: C UNIT 1 (Cuts less than 200 square feet) Items 1-14 ITEM APPROX. DESCRIPTION OF ITEMS WITH LTNIT NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1. 700 S.Y. 2-Inch HMAC Pavement, D-31; Per Square Yard: `���- ��l � Dollars and d�lz� Cents $ %� �� $ ��'��'�� 2. 100 S.Y. 3-Inch HMAC Pavement, D-31; Per Square Yard: �� � ��' �. Dollars and �a Cents $ � �� $ � ����� 3. 100 S.Y. 4-Inch HMAC Pavement, D-31; Per Square Yard: �E.�=�c�.� Dollars �, �� and t� � Cents $ �� " $ ��'� `� 4. 100 S.Y. 5-Inch HMAC Pavement, D-31; Per Square Yard: �r c.�-� � �--� Dollars and � � Cents $ ��� $ ������ 5. 700 S.Y. 6-Inch IIMAC Pavement, D-31; Per Square Yard: ��� ��..i �"�� �� Dollars � � �� and � Cents $ c � � $ 1��� ��� `y I: 6. 100 7. 100 8. 100 9. 100 10. 700 11. 100 12. 700 S.Y. 7-Inch HMAC Pavement, D-31; Per Square Yard: �7��� �f� Dollars and � Cents S.Y. &Inch HMAC Pavement, D-31; Per Square Yard: '�e��c_�.�-�y �� 1�. Dollars and t�f �= Cents S.Y. 9-Inch HMAC Pavement, D-31; Per Square Yard: �i�e -�� � �� �. Dollars and 0�� Cents S.Y. 5-Inch Reinforced Concrete Pavement D-32; Per Square Yard: �c� ��f T�� � Dollars and t1-L� Cents S.Y. 6-Inch Reinforced Concrete Pavement D-32; Per Square Yard: �; c��{ i e�� Dollars and �� Cents S.Y. 7-Inch Reinforced Concrete Pa�ement D-32; Per Square Yard: � ��' d=� �l c.. Dollars and � Cents S.Y. Min. 8-Inch 2:27 Concrete Base D-8, D-29; Per Square Yard: ��� v �i�/'� Dollars and � Cents . .� � ��a�-.� $ ��t�"�' $ �frZQ�J cc�c� Qc� $ '��a" $ 1 �,�.�f�°= l ' , / �► w ', , � 4-� e�' $ ��F�f��e� 13. 100 S.Y. Min. 5-Inch Reinforced Concrete Base D-29, D-32; Per Square Yard: `T� t e°� F � �� � Dollars and /�l`�-' Cents $ ��� $ ����� 14. 100 S.Y. Brick Paving D-32, D-37; Per Square Yard: �� � � �'�� Dollars �� �y� and � Cents $ �� �' $ % � �� I: � UNIT 2 (Cuts >200 square feet but < 1000 square feet) Items 15-28 ITEM APPROX. DESCRIPTION OF ITEMS WITH iJNIT TOTAL NO. QUANTITY BID PRICES WRITTEN 1N WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 15. 700 S.Y. 2-Inch HMAC Pavement, 16. 100 D-31; Per Square Yard: ��e�C'��-�L Dollars and n Cents S.Y. 3-Inch HMAC Pavement, D-31; Per Square Yard: �E����� Dollars and G�� Cents $ , �, �� �e:, �� 17. 100 S.Y. 4-Inch �IMAC Pavement, D-31; Per Square Yard: ��.,� ��� Dollars � and � � Cents $ ��-� g' $ ������ 18. 100 S.Y 19. 700 S.Y 5-Inch HMAC Pavement, D-31; Per Square Yard: �c�>� 1��7�� Dollars and � � Cents 6-Inch HMAC Pavement, D-31; Per Square Yard: "Ti����y ��� Dollars and f-lo Cents : �, � �- $ % ����� � 20. 200 S.Y. 7-Inch I�VIAC Pavement, D-31; Per Square Yard: "�[,�� i'-~��z: Dollars �, � and 6-1 � Cents $ Z� $ �� � 21. 100 S.Y. 8-Inch HIVIAC Pavement, D-31; Per Square Yard: �c�*�.� � ��� Dollars and B-� � Cents $ �� $ � �' � �9' 22. 100 S.Y. 9-Inch HMAC Pavement, D-31; Per Square Yard: i c��.��.�-� �C�l�j Dollars and d�� Cents 23. 100 S.Y. 5-Inch Reinforced Concrete Pavement D-32; Per Square Yard: �'t��� c ��� Dollars and D-L� Cents $ ��'� $ ��oe�`�� $ t � �'� $ 1 ��� 24. 700 S.Y. 6-Inch Reinforced Concrete Pavement D-32; Per Square Yard: �e � c� i"�-�-� Dollars and 11�� Cents $ � �� $ r �� � ��� � 25. 100 S.Y. 7-Inch Reinforced Concrete Pavement D-32; Per Square Yard: � E�3� �� � L Dollars and d� �' Cents 26. 750 S.Y. Min. 8-Inch 2:27 Concrete Base D-8, D-29; Per Square Yard: (J'ovz.��! '���U Dollars and 'Q Cents :. � �� �= $ 4 ����" $ ¢ � ��' $ 33, �1 ��1 � 27. 100 S.Y. Min. 5-Inch Reinforced Concrete Base D-29, D-32; Per Square Yard: ��e�l� �� Dollars and l�� Cents $� $ J����� 28. 50 S.Y. Brick Paving D-32, D-37; Per Square Yard: �e�-�� l��e��.�.� Dollars Q� � �� and r9� � Cents $ '��'� $ � ��� `-' : UNIT 3 (Cuts > 1000 square feet) Items 29-42 ITEM APPROX. DESCRIPTION OF ITEMS WITH iJNIT TOTAL NO. QUANTITY BID PRICES WRITTEN 1N WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 29. 700 S.Y. 2-Inch HMAC Pavement, D-31; Per Square Yard: �r�� i �-� Dollars ��, and l�� Cents $ ��� $ I�, ����� 30. 400 S.Y. 3-Inch HMAC Pavement, D-31; Per Square Yard: ���c-l�`�-- Dollars and b-�� Cents $ ��� $ ��e'�� 31. 100 S.Y. 4-Inch HMAC Pavement, D-31; Per Square Yard: "lc�-����-., c���� Dollars �� c� and t3� � Cents $ � �" " $ '�'� �' � 32. 100 S.Y. 5-Inch HMAC Pavement, D-31; Per Square Yard: �l`�u��� ���dz.� Dollars ` and ��� Cents $ �4' � $ ��'���� 33. 800 S.Y. 6-Inch HMAC Pavement, D-31; Per Square Yard: � �� c�.��.� Dollars . �p� � �� and B-�� Cents $ 2 "' $ � � � �— :: 34. 100 S.Y. 7-Inch HMAC Pavement, D-31; Per Square Yard: ! t�=j�-� Dollars and � Il� t� Cents $ �� $ ����`" 35. 100 S.Y. 8-Inch HMAC Pavement, D-31; Per Square Yard: ��� �e c��k7- Dollars . and d�� Cents 36. 100 S.Y. 9-Inch HMAC Pavement, D-31; Per Square Yard: T'c.,_:�� � te��i Dollars and � Cents 37. 100 S.Y. 5-Inch Reinforced Concrete Pavement D-32; Per Square Yard: `�'c.�.��'� � Dollars and �� Cents 38. 700 S.Y. 6-Inch Reinforced Concrete Pavement D-32; Per Square Yard: �c�t-� '�ee;� Dollars and �� Cents $ �`� $ ���cs $ ��`�� � ���� �� $ ��� $ 1��� � $ ?�'� $ l�, ����� 39. 100 S.Y. 7-Inch Reinforced Concrete Pavement D-32; Per Square Yard: ��r� �r.�� Dollars � �-, and Cents $ 4'� "r $ 4��� ` 40. 700 S.Y. Min. 8-Inch 2:27 Concrete Base D-8, D-29; Per Square Yard: ���-?'�{ ���1�?" Dollars �;� o� and 6-C� Cents $ � � $ 3� �'�� � :' 41. 100 S.Y. Min. 5-Inch Reinforced Concrete Base D-29, D-32; Per Square Yard: �-�� �''-� f ��`� Dollars � � and d�%2 Cents $ �� �'" $ ���-�' 42. 50 S.Y. Brick Paving D-32, D-37; Per Square Yard: �� �� �a� Dollars � and � Cents $ ��� $ � ��'-�� �" UNIT 4 (All Cuts Regardless of Size) Items 43-50 ITEM APPROX. DESCRIPTION OF ITEMS WITH L7NIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 43. 200 S.Y. 2-Inch HMAC Pavement, D-68; Per Square Yard: "1'�-(�r�-`��� Dollars �� , . � and ei�'t'�f Cents $ f�J �' $ �7t�c' �- 44. 200 S.Y. 3-Inch HMAC Pavement, D-68; Per Square Yard: �'J�t �t' i��� Dollars and �r���-�' Cents 45. 200 S.Y. 4-Inch HMAC Pavement, D-68; Per Square Yard: �pc�1k�'t.�,a� Dollars and � Cents $ � ��o $ 2��� � 1 �� � ���� 46. 200 S.Y. 5-Inch I�vIAC Pavement, D-68; Per Square Yard: �1���'�e� Dollars � � and t�c' Cents $ �� � $ �f�� 47. 200 S.Y. 6-Inch HMAC Pavement, D-68; Per Square Yard: ������y ���� Dollars � p� and D�c� Cents $ � � s $ � �� � B-11 48. 200 S.Y. 7-Inch HMAC Pavement, D-68; Per Square Yard: 7�a��. a��e_� Dollars and /J� Cents $ 2"7�`� $ � ��aa� 49. 200 S.Y. 8-Inch HMAC Pavement, D-68; Per Square Yard: '1�r� � ��'� � 4� �. Dollars and �' r� Cents 50. 200 S.Y. 9-Inch HMAC Pavement, D-68; Per Square Yard: t't�! t��� C� rr�'�. Dollars and d� e a—r� Cents B-12 � (� . �,`�'` $ �t+��ac] UNIT 5 Items 51-77 ITEM APPROX. DESCRIPTION OF ITEMS WITH iJNIT TOTAL NO. QUANTITY BID PRICES WRITTEN 1N WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 51. 400 L.F. Curb and Gutter, D-50; Per Linear Foot: t ���2-�f �� Dollars and �'� Cents $ � ��� $ � � � � 52. 400 L.F Attached Curb, D-33; Per Linear Foot: �! � Dollars and �e� Cents $ �'� $ �¢'�'�'� 53. 100 S.F. 6-Inch Reinforced Concrete Driveway, D-7; Per Square Foot: � �.� �� Dollars � � �, and � f �� Cents $ � " $ � � � �` 54. 150 S.F. 4-Inch Reinforced Concrete Sidewalk and Wheelchair Ramp, D-7, D-48; Per Square Foot: � ��l Dollars $ �9 �� $ �� � and � � Cents 55. 50 S.Y. 4-Inches Top Soil, D-53; Per Square Yard: ��� �► Dollars and � Cents B-13 � ���� $ lo��� 56. 1 Ea. Manhole Adjustment, D-34; Per Each: •� - � �-� T,.�Q�� ��- Dollars c+-�� � � and 8�1� Cents $ � ���� $ � ���� 57. 1 Ea. Valve Vault Adjustment, D-34; Per Each: 4r� l-�:���� �ra='"� Dollars and �.� Cents $ �.�� $ � `��°�a 58. 50 C.Y. Washed Rock, D-25; Per Cubic Yard: � 1 e� �� i' Dollars �,�, and c Cents $ � � 59. 50 S.Y. Parking Lot Repair, D-10; Per Square Yard: � I �u-�-,p S � �� Dollars � and i�� Cents $ �� �" 60. 50 S.Y. 6-Inch Minunum Thickness Lime Stabilized Base, D-39; Per Square Yard: `T'��. Dollars $ ��� and � Cents 61. 50 S.Y. Asphalt Driveway Repair, D-52; Per Square Yard: ��� `-�' �= 'tl� Dollars and � Cents $ � `� � 62. 25 C.Y. Crushed Limestone, D-59; Per Cubic Yard: T�t�sPe� ��f Dollars �, and r}--�� Cents $ �p� $ 1 �J '�� 63. 10 .� 17 65. 10 66. 5 C.Y. Class "A" Concrete (3000#), Per Cubic Yard: �t�rt. �-�+���'�-� Dollars $ ���� and � Cents C.Y. Class "B" Concrete (2500#), Per Cubic Yard: �Et.����`� Dollars $ ��� and G�: � Cents C.Y. Class "E" Concrete (1500#), Per Cubic Yard: � c t� t� i�� Dollars $��� and D � Cents C.Y. Repair Storm Drain Structures, D-41; Per Cubic Yard: •i�� G�,�:�A�-�� �r�=�� D ll o ars and t� l� Cents $ 2 ��o� � � , � � � ca 67. 1 Ea. Concrete Manhole Collar, D-5�; Per Each: � 1 �� i���-1 �� Dollars 68. 1 69. 200 � �� and t�� Cents $ ���`� $ ��� " Ea. Manhole Inserts, D-58; Per Each: �c t,�"�"� Dollars � and � � Cents $ ��' L.F. Silicone Joint Sealing, Per Linear Foot: "��tZ�� Dollars and v Cents $ � �� B-15 $ ��oa 70. 1 71. 1 Ea. Ea. 72. 200 L.F 73. 50 Relocate Water Meter and Box, D-54; Per Each: (�� J-� �-x.��� Dollars and 1�1r� Cents Water Meter Adjustment, D-54; Per Each: �� ��z%���� Dollars and 6�1� Cents Sawcut Concrete Pavement, D-49; Per Linear Foot: Z't�-�Z.��, Dollars $ �� $ ��`�'� and �t7 Cents C.Y. "Quick Set" Concrete, D-46; Per Cubic Yard: �rle. f-��9 ��, G � �� Dollars $ � Z�J� and �l v Cents 74. Lump Sum Utility Adjustment, D-47; Per Lump Sum: One Thousand Dollars and No Cents $ 1,000.00 75. 620 S.F. Concrete Valley Gutter, D-62; Per Square Foot: � �'���� Dollars �c� and (,r.�� Cents � � : . $ 1,000.00 � , . 76. 20 Ea. Traffic Buttons, D-63; Per Each: �i`.Lr� Dollars and /�� Cents 77. 100 L.F. Pavement Striping, D-64; Per Linear Foot: � Dollars �' �� Cents TOT!-�I. 11M�UNT BID � � / �� �� � �� B-17 PART B - PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 365 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. V B. The principai place of business of our company or our parent company or majority owner is in the State of Texas. B-18 I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1(Initials) Addendum No. 3(Initials) Addendum No. 2(Initials) Addendum No. 4(Initials) (Seal) Date: �- � � ��� � Respectfully submitted, L�J� �`��-ij c.� �o �S i�XZZ��;T'�� �� � By: Title � `�r� r� 1��� �ca�.�-- D"✓ixs > Address �c� �� z�c� �C������, �"��. `7��`� � Telephone: �l"2� ���- �5�� : ` City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is 525,000 or more, the MIWBE goal is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MIWBE PROJECT GOALS The City's MBE/WBE goal on this project is � 2 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/VIIBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form, if goal is met or exceeded: 2. Good Faith Effort Form and M/WBE Utilization Form, if participation is less than stated goal: 3. Good Faith Effort Form if no participation: 4. Prime Contractor Waiver Form received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the M/VNBE Office at (817) 871-6104. Rev. 6/19/00 ATTACHMENT 1A Page 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION f_.��„( �[.f� S %r-(r � ��a�Gsi � �c� rccal �.��- � - � PRIM` �COMPANY NAME /� BID DATE �]� 11 r�f C 7 ��4� l ���..��-��-� �f��� E� ��� ��`t� PROJECT NAME PROJECT NUMBER CITY'S M/WBE PROJECT COAL: �� p M/WBE PERCENTAGE ACHIEVED: 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, w� 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 thes schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowinc misrepresentation of facts is grounds for consideration of disqualifcation and will result in the bid being considere� non-responsive to specifications. Company Name, Contact Name, Address, and Telephone No. �c-',�".�'� ��J� lt�t 4, _ _ ._- - - ------ - ----- — -- - - . .. S� �V:�4-el'�e4.. - - ----- _ _ ��� CC�� �� -- _..------_.. -___ ---- �. l� ol�c ---�-.`d �'-1`� - - .... _. ��� �'��._ �'9��' certinea V OO � O X Z ~2 Specify All Contracting Scope of Work (*) �Ot� c'�'�� �! l 2�=�c�i � Specify All Items to be Supplied(*) ,�; v � �. m N H M/WBEs must be located in the 9(nine) county marketplace or currently doing buslness in the marketplace at the time of bid. (') Specify all areas In whlch MWBE's are to 6e utllized and/or items to be supplied: (•1 A comolete listlna of Items to be supplied is requlred in order to receive credit torrard the MlWBE goal. ('*) Identify each Tier level. Dollar Amount �� .¢ �. �G� - Tler: Means the level of subcontracting below the prime contractor/consultant, �.e., a a�reci paymerr� from the prime contractor to a subcontractor is considered 1" tler, a payment by a subcontractor to Its supplier is considered 2nd tler. 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 Rev. 6l2`5� ATTACHMENT 1A Page 2 of 2 c�t� of Fort wortn Minority and Women usiness Enterprise Specifications MBE/WBE UTILIZATION Company Name, Contact Name, Certifled Specify All Contracting Specify All Items to be Dollar Amount Address, and Telephone No. Q -- Scope of Work (*) Supplied(*) ,�� c� o p � � � x� �� Z �_ The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. ��L MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD � . ����-�"° / t� ���/''�t�c.l�>s Autho 'zed Signature Printed Signature �iJZt s � 1,a�� Title Contact Name and Title (if different) (�i�St�;u:., �r,�sc �i�l�. ��7- ���- 2'�O� Company Name Telephone Number (s) �C7 l�c�� ��(� �jC�7�- SS�'— ��'f� � Addr ss Fax Number ��.� ��dz..��� , �'� ?�. '2- i � '-�t�C� i City/StatelZip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. 6/2/98 ATTACHMENT 16 Page 1 of 1 c�t�y of Fo�t wortn Minority and Women Business Enterprise Specifications Prime Contractor Waiver 7 �v� �'�'A�2j �,��i�cC� �c���tS�. ��-: %�C�y Prime Company Name Project Name �'.^�- �GE.( �Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Manaainq Deaartment on or before' 5•00 p m five (51 Citv business davs after bid oaenina, exclusive of the bid opening date, will result in' the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? Yes ✓No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes ��� No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. 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) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/o� 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. 2�,��-�-�--� d Signature �?tsc c��E2:� Title � �.�-��- �� � � �_ �eu�. �,.� �. Company Name j�0 l�v � �� C �� Address � �� ��� �� �".�/,,L c� C��. / Printed Signature Contact Name (if different) � ��� 5 �� �— �Z�-c� � Contact Telephone Number (s) � r""7— � S � — O`�i e� � Fax Number Rev. 612/98 C1-1 C1-1.1 C1-1.2 C1-1.3 C1-1.4 C1-1.5 C1-1.6 C1-1.7 C1-1.8 C1-1.9 C1-1.10 C1-1.11 C1-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1.29 C1-1.30 C1-1.31 C1-1.32 PART C - GENERAL TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specif ications Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street C2-2 INTERPRETATION 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 (1) CONDITIONS C1-1 Cl-1 Cl-1 C1-1 C1-1 C1-1 C1-1 C1-1 Cl-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 (1) (1) (2) (2) (2) (2) (2) (2) (2) (3) (3) (3) (3) (3) (3) (3) (4) (4) (4) (4) (4) (4) (4) (4) (4) (5) (6) (6) (6) (6) (6) (6) C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (3) C2-2 (3) C2-2 (3) 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 C3-3 C3-3.1 C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C3-3.10 C3-3.11 C3-3.12 C3-3.13 C3-3.14 C3-3.15 AWARD AND EXECUTION OF DOCUMENTS Consideration of Proposals Minority Business Enterpise Women-Owned Business Enterprise compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payroll Contractor's Contract Administration Venue C4-4 SCOPE 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 Contract Documents C4-4.5 Extra Work C4-4.6 Schedule of Operations C4-4.7 Progress Schedules for Water and Sewer Plant Facilities CS-5 CONTROL OF WORR 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 CS-5.11 Substitute Materials or Equipment CS-5.12 Samples and Tests of Materials C5-5.13 Storage of Materials CS-5.14 Existing Structures and Utilities CS-5.15 �nterruption of Service CS-5.16 Mutual Responsibility of Contractors C5-5.17 Cleanup C5-5.18 Final Inspection (2) C2�2 (4) C2-2 (4) �2-2 (4) C2-2 (4) C2-2 (4) C2-2 (5) C3-3 (1) C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 (1) (1) (2) (2) (2) (2) (4) (4) (4) (4) (7) (7) (7) (8) C4-4 (1) C4-4 (1) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 (3) C4-4 (4) C5-5 CS-5 CS-5 CS-5 C5-5 CS-5 C5-5 C5-5 CS-5 Work C5-5 CS-5 C5-5 C5-5 CS-5 C5-5 CS-5 C5-5 CS-5 (1) (1) (2} (2) (3) (3) (3) (4) (5) (5) (5) (6) (6) (7) (7) (8) (8) (9) C6-6 C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6-6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.11 C7-7.12 C7-7.13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 C8-8 C8-8.1 C8-8.2 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment of Relocation of Public Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section of Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting � Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract due to National Emergency Suspension of Abandonment uf the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Onwer Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement of Quantities linit Prices (3) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (2) C6-6 (3) C6-6 (4) C6-6 (4) C6-6 (5) C6-6 (6) C6-6 (8) C6-6 (8) C6-6 (10) C6-6 (10) C6-6 (10) C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 (1) (1) (1) (2) (2) (3) (4) (4) (4) (5) (6) (6) C7-7 (7) C7-7 (7) C7-7 (9) C7-7 (10> C7-7 (13) C6-8 (1) C8-8 (1) C8-8.3 C8-8.4 C8-8.5 C8-8.6 C8-8.7 C8-8.8 C8-8.9 C8-8.10 C8-8.11 C8-8.12 C8-8.13 Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adquacy of Design � General Guaranty Subsidiary Work Miscellaneous Placement Record Documents (4) of Material C8-S CS-8 C8-8 C8-8 C8-8 C8-8 C8-8 C8-8 C8-8 C8-8 C8-8 (1) (1) (2) (3) (3) (3) (4) (4) (5) (5) (5) 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: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance oF the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A PART B PART C PART D PART E - NOTICE TO BIDDERS (Sample) - PROPOSAL (Sample) - GENERAL CONDITIONS (CITY) (Developer) - SPECIAL CONDITIONS - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT (Sample) (Sample) White White Canary Yellow Brown Green E1-White E2-Golden Rod E2A-White Blue White White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A- NOTICE TO BIDDERS above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT (Advertisement) Same as PART H- PLANS (Usually bound separately) C1-1 (1) C1-1.3 NOTICE TO BIDDERS: Al1 of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) faithful performance of the contract and include the following: a. b. c. d. Performance Bond Payment Bond Maintenance Proposal or to Bidders, (see Bond Bid Part (see paragraph C3-3.7) paragraph C3-3.7) (see paragraph C3-3.7) Security (see Special Instructions A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified gove�rning body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas, C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1 (3) C1-1.17 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. C1-1.18 DIRECTOR CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 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. C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 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. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m, and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be prescribed by the City Council of the City of Fort observance by City employees as follows: C1-1 (4) observed as Worth for � � i. 2. 3. 4. 5. 6. 7. 8. 9. New Year's Day M. L. Ring, Jr. Birthday. Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following �onday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association of MGD State Highway Transportation Officials ASCE - American Society of Civil Engineers LAW - In Accordance With ASTM - American Society of Testing Materials AWWA - American Water Works Association ASA - American Standards Association HI - Hydraulic Institute Asph. Ave. Blvd. CI CL GI Lin. lb. MH Max. - Asphalt - Avenue - Boulevard - Cast Iron - Center Line - Galvanized Iron - Linear or Lineal - Pound - Manhole - Maximum C1-1 (5) - Million Gallons Per Day CFS - Cubic Foot per Second Min. - Minimum Mono.- Monolithic $ - Percentum R - Radius I.D. - Inside Diameter O.D. - Outside Diameter Elev.- Elevation F - Fahrenheit C - Centigrade In. - Inch Ft. - Foot St. - Street CY - Cubic Yard Yd. - Yard SY - Square Yard L.F. - Linear Foot D.I. - Ductile Iron C1-1.27 CHANGE ORDER: A"Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25$ of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled s.urface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other sur ace is any area except those defined above for "Paved Streets and Alleys." C1-1.30 CITY STREETS: A city street is defined as that 3rea between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: parallel lines two (4') feet back of exists. The roadway is defined as the area between (2') feet back of the curb lines or Pour the average edge oE pavement where no curb C1-1.32 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 (6) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The 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 i% of ten (10$) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firin seeking qualification in work of both the same nat�re and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which are to be received. The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2(1) forms or other parts of the Contract Documents will be considered as approximate only and will be used for the �urpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the 3ctual quantities of work perfor,�ed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. Al1 additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to 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 thz 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 requi�ed f or its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered af ter the official time designated for receipt of proposal shall be returned to the Bidder unopened. ; C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a"Proposal Security" of the character and ," in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other.disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3) 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 Bidd�r must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the. word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proDosal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-cansideration Request" has been received will be publicly opened and re3d aloud by the �ity Manager or his authorize3 representative at the time and place indicated in the "Notice to Bidders." Al1 proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. 8idders 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 C2-2(4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. � d. The bidder being in arrears on any existing contract j or having defaulted on a previous contract. e. The bidder having performed a prior contract in an �' unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. � h. The bidder not filing with the Owner, one week in � advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals wil.l be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate fe�3era1, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) 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 withholdfinal action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee... The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. Al1 other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inf�rior materials. This performance C3-3 (2) bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND: A.good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified ahd have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed 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 delivering to the Owner the sub-contractors' C3-3 (4) certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in thP documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contr.actor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury,.including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers:General Contractor's Liability for acts of sub-contractors). 2. Blasting, prior-to any blasting being-.done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). 4. Damage to underground utilities for $500,000. C3-3 (5) 5. Builder's risk (where above-Qround structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, an3 also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of covera�e by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the �ontractor shall apply to the sub-contractor, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) City of Fort Worth, Tarrant County, Texas. Each such agent shall be a diily qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-DallaS area. The name of the agent or agents shall be set forth on all oF such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a p�rson, p�rsons, partnershin, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the �ity for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may dele�ate his Project �uperintendent) with full authority to transact all business actions required in the oerfo�mance 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 dir�cted, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) matter associated such as maintaining adequate an3 appropriate insurance or security coverage f�r 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 completP. Should the Contractor's principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local auth�rity. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative Pail to perform.to the satisfaction of Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8) PART C - GENERAL CONDI'rIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. Al1 such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpr�ted herein as 3pplying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contrac� Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general naturA of the project as a whole. Such changes shall not be considere3 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 f�r which no prices ar� provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a"Change O.rder" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the ex�ra 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 a5 determined by the �wner, plus a fixed fee to be agreed upon but not to exceed 10$ of the actual cost of such extra work. The fixed f�e 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 sup?rintendence, overhead, other profit, gen�ral and all other expense not included in (1), (2), (3), and (4) above. The Contracto.r shall keep accurate cost records on the form and in the method C4-4 (2) suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work oF any kind will be allowed unless ordered in writing by the Owner. In case any ord�rs or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer For written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimat� after such work is done and unless the claim is supported by satisFactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepar� for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for 'extra work' whether or not iniitiated by a'change order' shall be a full, complete and final payment For all costs Contractor incurs as a r�sult or rPlating to the change or extra work, wh�ther said costs are known, unknown, foreseen or unforeseen at that time, includi�g without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as 3 result or the changP or extra work. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Ownar and receive the Owner's approval ther�of, a"Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements oF the coat.ract. Tnere shall be also shown the estimated monthly cost of work for which estimates ar� to be expectzd. Ther� �4-4 (3) shall be presented also a composite graph showing the anticioated progress of construction with the time being _:lotted horizontally and the percentage of com�letion plotted �ertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the dia3ram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contr3ct time approved by the Engineer. Three copies of the updated schedule shall be delivered at such iatervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirPments. 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 constraiats, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of aporoximately f ourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities ara exceptions to this guideline. C4-4 (4) c. Aurations shall be in calendar days and normal holidays an3 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 3ate and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal .review ,' unless otherwise specified. The construction schedule shall as a minimum be divided into gene.ral 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. F , For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and mat�rials. 1. Preparation and transmittal of submittals. 2. Submittal .review periods. 3. Shop fa�rication and delivery. 4. Erzction or installation. 5. Transmittal of manufacturer's operation and maintenance instructi�ns. 6. Installed equipment and mat�rials testing. 7. Owner's operator instruction (if applicable). 8. Final inspection. C4-4 (5) 9. Operati4nal testing. 10. Final inspection. If, in the opinion of the �wner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, tlze Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure compl�tion of the work within the contract time. If the Owner finds the oroposed plan not acceptable, he may require thP Contractor to increas� the work force, the construction plant and equipment, the number of work shifts or the �vertime operations without additional cost to the Owner. Failure of the Contractor to comply with these r�quirPments shall be considered grounds for determination by tl�e Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. �4-4 (6) FART C - GENERAL CONDITIONS CS-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The 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, rendzr 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 (1) C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any appar�nt error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contr�ctor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintend�nt and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the �ontractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2) �' 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 night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25$, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field off�ice for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in flo�r 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 STARES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and contr�l of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by meaos of stakes or other customary method of marking as may be found consistent with good practice. CS-5 (3) These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings hav� been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25$ will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. CS-5.8 AUTHORITY AND DUTIES OF CITY 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 being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case �f any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials 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 (4) C5-5.9 INSPECTION: The Contr3ctor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If� the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: Al1 work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any def ective or unauthorized work shall not constitute acceptance of such works. CS-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 pr�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 C5-5 (5) �ubstitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written,approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. , In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be ma3e prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the C5-5 (6) ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dime sions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all u�ility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. • C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of sezvice is necessary, the Contractor, at least 24 hours in advance, shall be r�quired to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. C5-5 (7) 2. Notify each customer personall� responsible personnel as to time and of the interruption of their service, through schedule or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, and in large bol� type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be inter- rupted on between the hours of and . This inconvenience will be as short as possible. Thank you, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the �ontractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the C5-5 (8) unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25$ of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be ma3e. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of f inal inspection of the work. C5-5 (9) PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade-marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trade-mark or copy right in connection with the work agreed to be performed under these Contract Documents, and shall indemnif y 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 (1) C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is consider.ed to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and o�cupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be C6-6 (3) carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may,,for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies f�r permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. Al1 installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 (4) The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works department, Signs and Markings Division (phone number 8780-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these � Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, ( and maintaining of barricades, signs, fences, and lights or � for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other r incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in C6-6 (5) advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out oF such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORR WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of�way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. Al1 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 f ence 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 th removed whenever the work is not in progress and site is vacated overnight, and/or at all times t livestock from entering the constructioa area. The fence removal, temporary closures and replacement subsidiary to the various items bid in the C6-6 (7) : fencing when the � prevent cost for shall be project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such p.roperty 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 agr2ed by the parties hereto that Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be perf ormed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, lic�nsees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by �ontractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (8) in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or 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 Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled 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. 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. �t the C6-6 (9) expiration of the six month period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, .refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other- books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim f or compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewe.r lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage C6-6 (10) received from these temporary connections until such�times as. the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. Al1 piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinaace, 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 WORR: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be performed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORR: 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 C6-6 (11) thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any. breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certiFicate issued by the Contractor in lieu of thP tax shall be subject to an3 shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaiaing to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas limite3 Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. C6-6 (12) E Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 (13) PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workman under his immediate superintendance, work of a value of not less than fifty (50$) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, br otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages f or the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORR: 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 f orm, or a brief outlining in detail and step by step the manner of C7-7 (1) prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract �Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary f or 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 i�s commenced on any additiona.l section or street. C7-7.5 CHARACTER OF WORRMEN AND EQUIPMENT: Local labor shall be used by the Contractor is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perf orm the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 (2) otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORR SCHEDULE: Elapse3 working days shall be computed starting with the first day of work completed as defined in C1-1.23 "WORRING DAY" or the date stipulated in the "WORR ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from w�rking on Saturday, Sunday or Legal Solidays, providing that the following requirements are met: a. A request to work on a specific Legal Holiday must be made to the than the proceeding Thursday. Saturday, Sunday or Engineer no later b. Any work to be done on the project on suGh a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contr3ctor may work as he so desires. C7-7 (3) C7-7.7 TIME OF COMMENCEMENT AND CUMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall�be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. , The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time establishPd in such documents and such extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval . In adjusting the contract time for completion of work, consideration will be given to unforseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other per�inent 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 materiats in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no comnensation 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, iP C7-7 (4) any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and reFerred by him to the Council for final approval or disapproval; and the action thereon by the Council shall b� 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 rPlease the Contractor or the surety on his perFormance bond from all his obligations hereunder.which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall rPmain uncompleted after tha 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 $ 5,001 to $ 15,001 to $ 25,001 to $ 50,001 to $ 100,001 to� $ 5,000 $ 15,000 $ 25,000 $ 50,000 $ 100,000 $ 500,000 C7-7 (5) inclusive $ inclusive $ inclusive $ inclusive $ inclusive $ inclusive $ 35.00 45.00 63.00 105.00 154.00 210.00 $ 500,001 to $1,000,000 inclusive $ 315.00 $1,000,001 to $2,000,000 inclusive $ 420.00 $2,000,001 and over . � 630.00 The parties hereto understand and agree th< City caused by the Contractor's delay in con hereunder in the time specified by the Cc would be incapable or very difficult of acc� and that the "Amount of Liquidated Damages out above, is a reasonable forecast of just the City for harm caused by any delay. t any harm to the pleting the work ntract Documents rate estimation, Per Day", as set compensation due C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court �rder or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend wor'K 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 dsterioration 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 �ontrol 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 movinq his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) that constrscti�n may be rasumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit �ill be allowed. No ra_imbursement shd11 be allowed if. the equipment is mov�� to another construction project ior the City of Fort �ort}z. The Contracror shall not susoend work without written notice from the Engineer and shall Droceed with the work operations promptly when notified by the Engineer to so resume operations. •^_7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, �ecause of National Emergency, so declared by the President oE the United States or other lawful authority, it becomes impossible for the Contractor to obt3in all of the necessary labor, materials, and equipment for the prosecution o.E the work with reasonable continuity Por a p�riod of two months, the Contractor shall within seven days notify the City in writing; giving a detailed statement of. the ePforts w'nir�h *�ave been mad� and listing all necessary it�ms of labo.r, materials, and equipment not �btainable. If, after investigatio�s, 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 f3u1t ��r neglect of the Contract, then if_ the Owner cannot after reasonable effort assist the Contractor in procuring and making available the nec�s5ary labor, materials and equipment within tl�irty days, the Contractor may request the Owner �o terminate the contr.act and the Ownar may comply with the request, and th� termination :�hall be conditioned and base3 upon a Pinal settlement mutually acceptable to bc�th th2 Owner and thP Contractor an�i final payment shall be mad� in accordancP with the t�r_ms oF t'ne agreed settlement, which shall includP, but not bP limite3 ':�, khe payment for all work executed but !io anticipat�:�i �rofits on work which has not been perfo.rme:�. � �_7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: Ttie w•�rk opPrations on all ar any portion or section of the work under Contr3ct s'r�all be sus�ended immer3iately on written �rder �f th� Engineer or the Cor�tra;.t m�y b� dacl3red cancelle3 by the City Coiincil for any go�d an3 sufficient ;:ause. The followi�g, 5y way of �xample, but not oE lim.it_ation, may be consi3�red grounds for suspPnsi�n �.� �3ncellation: a. Failure oP the Contractor to commencP work operations within th� time specified in the �T�rk ���r3er issued by the �wner. . �7-7 (7) � c. � e. Substanti3l evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. Substantial evidence that the Contractor has abandoned the work. Substantial evidence that the Contractor has become insolvent or bankrupt, or. otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contr3ct Documents. g. Fail�ire of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of of illegally procuring a fraud on the City in the contract. collusion for the purpose contract or perpetrating construction of work under i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. J- k. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. 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 Contract�r'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 thn same or may, with the written �7-7 (8) consent of the �wner, sublet the work or that portion of tkie work as taken ov?r, provided however., that the Sureties shall ex�rcise their option, if at atl, within two weeks after tlie written notice to 3iscontinue the work has been served upon the Contractor and upon the Sureties or their authoriz�d agents. The Sureties, in such event shall assume the Contract�c'S place in all respects, and shall be paid by the Owner for all work perFormed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at thz time of this default shall thereupon bPcome due an3 payable to the Suraties as the work progrAss�s, subject to all of the terms of the Contract Documents. In case the Surzties do not, within the hereinabove specified time, exercise their ri�ht and option to .3ssume the contract responsiUilities, or that portion thereo.E which t'ne Owner has ordered by the Contracto.r to discontinuP, then the Owner shall have the power to complete, by contract or otherwisn, as it may determine, t:�e work herein described or such part th�reof as it ;nay deem necessary, and the Contractor hereto agr�es that the Owne.r shall have th� right to take possession of an3 use any mate.rials, 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, 3nd to charge to the account of the Contractor c�P said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Own�r fr�m su�h monies as may be due or may become due at any time thereaft�r to the iontractor undPr and by virtue of the Contract or any part thereof. The Owner shall not be requir�d to obtaia the lowest bid for tlie work completing the contract, but the �xpense to be 3educted shall be the actual cost of the owner oE such wor�c. In case such expenses shall exceed the amount which wouLd have been payable under the Contract if the same had been compt��ed by the Contractor, then the Contractor and his Sureties shail pay the amount of such e.xcess to the City on notic� fr��n th� Owner of the excess due. When any particular nart ��P the w�r'�c is being carried on by the Owner by contract or oth�rwis� under the provisions of this sec+�ion, the Contractor shall continue the remainder of the work in conformity with the terms oF the Contract Documents and ia such a manner as to not hi!�der or interfere with performance of the wor'�c by tl�e ��wner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having.been fulfilled, �ave as provided in any bond or 'oonds or by law, when all the work and all sections or parts of the project coverecl by the Co,7�ract Docu�ents have C7-7 (9) been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, ih accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice oF termination to the Contractor specifying the extent to which performance of wo�k under the contract is terminated, an3 the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumPd and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice �f termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of �uch portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4, transfer title to the Owner and deliver in the manner, at thP times, and to the extent, if any, dir�cted by the Engineer: C7-7 (10) a. the E.sbricat?3 or unFabric�t�d nart5, wor;{ in process, compl:�ted work, supplias and other materi�l producPd as a�art of, or acqui,:ed in connection with the performance of, the work t�rminated by the notice of termination; and b, the compl?ted, or partially complPted plans, drawing_7, information and other property which, if the contract had been completed, wosld have been required to be furnished to the Owner. 5. complete performance of such par� �F the work as shall n�t havP been terminated by the notice of termination; and 6. take such action as :nay be necessary, or as the Engineer may direct, for the protection 3nd preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has ar �nay acquire the rzst. At a time not later than 30 days aiter t�e termination date specified in the ���ice of termination, the Contractor may submit to the Engineer a list, certified as to quantity anc3 guality, of any or all items of termination inventory not previously disposed of, exclusive of it�ms th� disposition of which has been dir�cted or authorized by the Engineer. Not later than 15 days ther��after, the Owner shall accept title to sucli items provided, that the list submitted shall be subject t� vPrification by the Engineer upon removal of th� items or, if the items are stor�d, within 45 days from the date of submission of the list, and any necessary adjustments to correct th� list as submitted, shall be made prior to Final settlement. C. TERMINATION CLAIM: Wi:hin 60 days aiter notice of ter.mination, 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 e:tt2nsions in wri�ing ara granted by the Own?r upon request �f th•� Contractor, made in writing within such 60-3ay neriod or authorized �xtension thereof, any and all such claims shall be conclusively deeme3 waiv�d, C7-7 (11) D. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due Por lost or � anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the �ontractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall 3etermine, 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 contracto.r undzr 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, an3 not otherwise r�coverad 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 f�r an C7-7 (12) equitable adjustment of the price or prices specified in the contract relating to the continued portion of the �ontract (the portion not terminated by the notice oF termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter th� rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) PART C - GENERAL CONDITIONS CS-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these �ontract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to f ully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. CS-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, f or any unforesee,i defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 (1) before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the constru�tion of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst 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 pPriod under the Contract Documents. Not later than the lOth day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90$ of such estimated sum will be paid to the Contractor iF the total contract amount is less than $400,000, or 95$ of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25) days aFter the regular estimate period. The �ity will have the option of preparing estimates on forms furnished by the �ity. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the the time of the estimate have not been installed. (such payment will be allowed on a basis of 85$ of the net invoice value thereof.) The �ontractor shall f urnish the Engineer such information as he may request to aid C8-8 (2) him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves �he 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 Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for 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 paympnt therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. C8-8 (3) The amount of the final estimate, less previous payments and any sum that havP 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 t� the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner f rom all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the saFety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract �ocuments nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and C8-8 (4) pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of l00 percent of the amount of the contract which shall assure the perFormance of the general guaranty as above outline. The Owner will give noticP of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost o.f which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement�of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of matzrial will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of mat2rial shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to silow all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. C8-8 (5) ITEM 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 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-3 3 D-34 D-35 D-36 D-37 D-3 8 D-39 D-40 D-41 D-42 PART D - SPECIAL CONDITIONS TABLE OF CONTENTS TABLE OF CONTENTS General Project Designation Right To Audit Project Signs Wage Rates Substitutions Concrete Sidewalk and Driveway Replacement 2:27 Concrete Pavement Repair (E2-19) Pavement Repair in Parking Area Minority/Women Business Enterprise Compliance Interpretation and Preparation of Proposal Bonds (City Let Projects) � Barricades, Warnings and Flagmen Disposal of SpoillFill Material Temporary Erosion, Sediment, and Water Pollution Control Scope of Work Contractor's Responsibility Contract Time Traffc Control Required Crew Personnel & Equipment Time Allowed For Utility Cuts Liquidated Damages Paving Repair Edges Trench Backfill Clean-Up Property Access Submission of Bids Standard Base Repair for Unit I Concrete Base Repair for Units II & Unit III 2 to 9 Inch H.M.A.C. Pavement Reinforced Concrete Pavement Or Base Curb On Concrete Pavement Adjust Water Valve Boxes, Manholes, and Vaults Maintenance Bond Insurance Brick Pavement Workers' Compensation Insurance Lime Stabilized Subgrade Cement Stabilized Subgrade Repair of Storm Drain Structures Samples and Quality Control Testing ITEM D-43 D-44 D-45 D-46 D-47 D-48 D-49 D-50 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 L PART D - SPECIAL CONDITIONS TABLE OF CONTENTS TABLE OF CONTENTS Protection of Trees, Plants, and Soil Payment Standard Street Specifications "Quick-Set" Concrete Utiliry Adjustment Standard Concrete Sidewalk and Wheelchair Ramps Limits of Concrete Pavement Repair Concrete Curb and Gutter H.M.A.C. More Than 9 Inches Deep Asphalt Driveway Repair Top Soil Water Meter and Meter Box Relocation and Adjustment Bid Quantities Work in the Highway Right of Way Concrete Manhole Collar Manhole Inserts Crushed Limestone (Flex-Base) Options to Renew Non-exclusive Contract Concrete Valley Gutter Traffic Buttons Pavement Striping Project Clean-up Contractor's Responsibility for Damage Claims Public Notification Prior to Beginnulg Construction Asphalt-Only Repairs PART D - SPECIAL CONDITIONS D-1 General: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and Specifications, effective July l, 1978, with the latest revisions are made a part of the Contract Documents for this project. The Plans, Special Conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturer's name, number or identification included therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Contract Documents 3. General Contract Documents and Specifications The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Contract Documents under the provisions stated above. D-2 Project Desi�nation: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project Designations: Water Project Number PW53-060530176040, Sewer Project Number PS58-070580175390 D-3 Ri�ht To Audit: RIGHT TO AUDIT: Part C- General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: "C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of tl�ree (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the D-1 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, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: 1. 50 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-4 Project Si�ns: Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. The signs may be mounted on skids or on posts. The engineer shall approve the exact locations and methods of mounting. Any and all costs for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-5 Wa�e Rates: The labor classifications and miniinnum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any sub-contractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached). D-6 Substitutions: The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution D-2 for the material, which has been specified. Where the term "or equal," or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal," or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "Substitutions" shall be applicable to all sections of these specifications. D-7 Concrete Sidewalk and Drivewa.y Replacement: At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks andlor driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000# concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. At locations where mains are required to be placed under e�sting curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter and 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 appurtenants required, shall be included in the price bid. D-8 2:27 Concrete: Transportation and Public Works Department typical Sections for Pavement and Trench Repair for Utility Cuts Fig's 1 through 5 refer to using 2:27 Concrete as base repair. Since this call-out includes the word "concrete", the consistent interpretation of the Transportation Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. With the exception of the cement content, all other requirement shall meet or exceed Transportation and Public Works Department standard specification Item 406 Class D Concrete. D-9 Pavement Repair (E2-19): (E2-19): The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to D-3 e�cisting pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility cuts, Figures 1 through 5. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a miniinum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the iuushed street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residents' driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of e�.sting HMAC pavement between the e�.sting gutter and the edge of the trench pavement repair will not hold up if such strip of e�sting pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the e�sting gutter, the Contractor shall be required to remove the e�cisting paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a ma�mum 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's Pertnit Desk by the Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cut in the street. City Inspectors will inspect the paving repair after construction of each water and/or sanitary sewer main replacement. D-10 Pavement Repair in Parkin� Area: The unit price bid under appropriate BID ITEM(S) of the Proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to e�sting pavement. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with crushed limestone base material, compacted and level with the finished adjacent surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. D-11 Minority/Women Business Enterprise Compliance: Reference Part C(General Conditions), Section C3-3.2 Entitled "NIINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to pernut an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or cominission 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. D-12 Interpretation and Preparation of Proposal: Part C- General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: ProposaLs actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of•proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposaLs for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing D-5 Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. D-13 Bonds (City Let Proiects): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1. Pg. C3-3(3); the paragraph after paragraph C3-3.7d--Other Bonds should be revised to read: No surety will be accepted by the Owner which are at the time in default or delinquent on any bonds or which axe interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U. S. Treasury List of Acceptable Sureties [Circular 870], or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited, or trusted to do business in Texas. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph a. COMPENSATION 1NSURANCE. 3. Pg. C3-3(6), Paragraph C3-3.11 INSLJRANCE delete subparagraph g. LOCAL AGENT FOR INSURANCE AND BONDING. D-14 Barricades, Warnin�s and Fla�men: Reference Part C- General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATC�-IlvIEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and si�c (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. D-15 Disposal of SpoiUFill Material: Prior to the disposing of any spoiUfill material, the contractor shall advise the Director of the Department of Engineering, acting as the City of Fort Worth's Flood Plain Administrator ("Adininistrator"), 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 Ordinance of the City of Fort Worth (Ordinance No. 11517). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. 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 contractors' expense. In the event that the contractor disposes of spoiUfill material at a site without a fill permit or a letter from the Adininistrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoiUfill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section. D-16 Temporary Erosion, Sediment, and Water Pollution Control: 1 DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the perinanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. 2. 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, ma.ts seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution-control features, but are not associated with permanent control features on the praject. 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 fuush grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control D-7 measures shall be performed as directed by the Engineer. The amount of surface area of erodible-earth material exposed at one time shall not exceed 750,000 square feet for each excavation operation, 750,000 square feet for each material source operation (other than from commercially operated sources), 750,000 square feet for each preparing of right-of- way operation or 750,000 square feet for each clearing and grubbing operation, unless otherwise shown on the plans or with prior approval by the Engineer in writing. The CONTRACTOR shall aLso conform to the following practices and controls. All labor, tooLs, equipment and incidentals to complete the work will not be paid for directly but shall be considered as subsidiary work to the various items included in the contract. (a). Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimi�e the amount of sediment entering streams. (b). Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. (c). 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 minimi�e the muddying of a stream. (d). All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. (e). 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 minimi�e siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. 3. SUBMITTAL: Prior to the start of the applicable construction, the CONTRACTOR shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He sha.11 also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. 4. MEASiTREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no eatra pay will be given for this work. �: D-17 Scope of Work: The work covered by these Specifications consists of the paving repair over utility cuts which have been backfilled previously by the City Water Department, as indicated by the details and possible adjacent areas damaged by blowout, etc. Included in this work will be the removal of the existing material in order to insure a paving section in conformity with e�.sting pavement or the appropriate detail shown in this document as directed by the engineer and all other miscellaneous items of construction to be performed as outlined in the specifications, which are necessary to satisfactorily complete the work. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. Final payment will be based on actual measured quantities and the unit price bid in this proposal. There will not be a direct payment for saw cutting the existing asphalt or concrete, compacting the existing subgrade or removal of the e�sting material. These items will be considered as subsidiary to the contract. The contractor will be required to maintain a capping course of hot m�-cold lay asphalt in areas where traffic has whipped out washed rock, until the paving repair can be accomplished. These items will be considered as subsidiary to the contract. The Inspector will pick up the repair tickets by 8:00 a.m. Monday through Thursday. The repair tickets will be issued to the contractor early the next day. Each repair ticket that is issued shall be completed within fourteen (14) calendar da.ys. The fourteen (14) calendar days for completion of the job begin the day after the contractor receives the ticket. See special condition TIlVIE ALLOWED FOR UTILITY CUTS. The Contractor shall identify to the Engineer possible locations for settlement of repaired pavement due to backfill of ditch by others. As directed by the Engineer, the Contractor shall remove and replace e�cisting backfill with washed rock. The Water Department will estimate the necessary size of the pavement repair on each ticket. Upon receipt of each ticket the Engineer shall determine, by measurement, the required size of each repair. The Engineer prior to any repair wark shall approve all repair sizes. D-18 Contractor's Responsibilitv: Contractor covenants and agrees to fully perform or cause to be performed, with good faith and due diligence, and in accordance with standards common to the industry and herein set forth in these Contract Documents which is hereby incorporated and made a part of this contract, pavement repair to be ordered by the City at various times and to be performed at various places by separate repair tickets. The City may designate pavement to be repaired by furnishing to the Contractor a marked drawing, or street addresses contained in a written order or by marking in the filed by paint or other means, or by any or all combinations of said methods of designation. The Contractor agrees that no work will be performed without written authorization from the individual designated in writing by the Director of the Department of Engineering. D-19 Contract Time: It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City as the need arises. It is further agreed that the term of this contract is three hundred sixty-five (365) calendar days from the date of execution of contract work order and the Contractor will accept no orders after the contract has expired. At the end of contract the Contractor will have twenty-one (21) additional calendar days to complete work already ordered and fifteen additional calendar days to bill said work for a total of thirty-s� days after contract termination to complete and bill work authorized pursuant to this contract. D-20 Traffic Control: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor shall execute this 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. Barricades, warning and detour signs shall conform to be the Standard Specifications for street and storm drain construction, "Barriers and Warning and/or Detour Signs", Item 524, and/or as directed by Engineer. 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, Traffic Services 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 or met. When construction work is completed to the e�ent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and D-10 Markings Division to re-install the pennanent sign and shall leave his temporary sign in place until such re-installation is completed. D-21 Required Crew Personnel & Equipment: The Contractor shall be required to furnish sufficient personnel and equipment capable of completely finishing an average of fifty (50) utility cut tickets with an aggregate average of 750 S.Y. of permanent pavement repair each week. D-22 Time Allowed For Utility Cuts: The Contractor shall assist the Engineer in measuring each pavement repair before any work is started. A repair ticket will be issued for each utility cut after measurement and fourteen (14) calendar days begu�rung the day after the ticket is issued will be allowed for final completion of each utility cut. See also SCOPE OF WORK. A calendar day is any day of the week or month, Sundays or legal holidays as defined on Page C 1-1 (4) Section C 1-1.24 Calendar Days of Part C General Conditions. D-23 Liquidated Dama�es: Failure to complete work on time: The Owner and the Contractor agree that it will be most difficult or impossible to ascertain the amount of damages that will be sustained by the Owner if the Contractor faiLs to complete the work in the allotted time, but they both agree that the Owner would sustain substantial damages in such event. Accardingly, if the Contractor faiLs to complete the contract in the calendar days specified, a time charge sha.11 be made for each working day thereafter, not as a penalty but as liquidated dama.ges. The contractor shall pay liquidated damages of twenty-five dollars ($25.00) per day per ticket for each repair cut not completed within twenty-one (21) calendar days and liquidated damages shall end on day that repairs are completed. Should the amount otherwise due the Contractor be less than the amount of such ascertained and liquidated damages, the Contractor and his surety shall be liable to the City of such delivery. D-24 Pavin� Repair Ed�es: All paving repair edges shall be undamaged neat lines (by sawing or equal) and shall be parallel or perpendicular to the centerline of the street. D-25 Trench Backfill: D-11 The Water Department shall place the pipe embedment and backfill with washed rock per the following specification. Washed Rock: All washed rock used for embedment ar as otherwise directed by the engineer shall be washed gravel or washed crushed stone or washed crushed gravel and shall meet the following gradation and abrasion: Sieve Size 1-1/2" 1" 3/4" 3/8" #4 Percent Retained 0-2 7-55 25-100 85-100 95-100 Los Angeles abrasion test: 50% Maximum wear per ASTM. D-26 Clean-Up: Final clean up work shall be done for this project as soon as the paving and curb and gutter has been constructed. Contractor shall remove all excess cold rnix, washed rock and debris from the street in the area of the repair. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. Refer also to Page CS-5 (8) Section CS-5.17 Clean-Up of Part C General Conditions. D-27 Property Access): Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. D-28 Submission of Bids: The proposal sections of this special contract document is arranged to allow the Owner to make payment based on size of repair. The Contractor is required to submit a bid on all proposals Unit I, Unit II, Unit III, Unit IV, and V. Unit I will generally consist of small patch, less than or equal to 200 square feet. Unit II will generally consist of inedium patch, greater than 200 square feet and less than or equal to 1000 square feet. Unit III will generally consist of large patches, greater than 1000 square feet. Unit IV will consist of all sizes of repairs where only asphalt is required to make the repair complete (See D- 68 Asphalt-Only Repairs). Unit V will generally consist of items necessary for each size Utility Cut Repair. The total low bidder, Units I, II, III, IV, and V is the apparent successful bidder. If Contractor does not bid all five Units of the proposal, the bid will be considered as "non-responsive" and will be rejected by the Water Department. D-12 D-29 Standard Base Repair for Unit I: Regardless of the e�sting pavement type, base repair for Unit I shall be either min. 8" concrete base (see D-32, 2:27 Concrete Base) or min. 5" reinforced concrete base (see D- 22, Reinforced Concrete Pavement or Base) as directed by the Engineer. Any deviation from standard repair shall be approved by the Water Department. D-30 Concrete Base Repair for Units II & Unit IIL• When concrete base is required for repairs > 200 square feet in area, the base repair shall be either min. 8" concrete base (see D-32, 2:27 concrete base) or as min. 5" reinforced concrete base (see D-22, Reinforced Concrete Pavement or Base) as directed by the Engineer. Any deviation from standard repair shall be approved by the Water Department. D-31 2 to 9 Inch H.M.A.C. Pavement: These items will include the furnishing and placing of H.M.A.C. surface course as directed by the Engineer. For Specifications governing Type "D" H.M.A.C. see the 1982 Texas State Department of Highways and Public Transportation, Spec. Item No. 340 "Hot M� Asphaltic Concrete Pavement". H.M.A.C. is also covered under Spec. Item No. 312 in the Standard Specifications for Construction, City of Fort Worth. Subsidiary to the H.M.A.C. pavement shall be sawing, removal of asphaltic ma.terial, gravel and excavation as shown on the details or as directed by the Engineer. The removed surfacing shall be loaded into trucks upon removal and hauled away from the job site as directed by the Engineer. In no case shall the removed surface be stockpiled on the job site. The following work method will be performed on each utility cut: 1. Place safety signs, barricades and/or other warning devices where necessary and as required. 2. The e�sting asphalt pavement shall be saw cut into a square or rectangular shape a.nd cut side faces vertically. The sawed asphalt pavement shall be a minimum of 1' outside the utility cut area. • 3. Apply liquid asphalt tack to vertical faces and bottom of excavated area in a uniform manner. Do not puddle tack coat on bottom of utility cut area. Do not apply tack coat to washed rock. 4. Place H.M.A.C. surface mix in lifts not to exceed three (3) inches. Last or top lift shall not be less than two (2) inches in thickness. D-13 5. Each lift shall be thoroughly compacted with a plate compactor or portable vibratory roller. Fifteen to twenty passes will be necessary with a vibratory roller and xni�� temperature above 250 F(121 C) to ensure a good compaction. Top ]ift when compacted shall be approximately 1/8 inch above surrounding pavement. 6. Apply liquid asphalt around edges of patch along cold joints. 7. Clean up surrounding area. Do not leave excess fill or excavated material on the pavement. 8. Remove safety signs, barricade and/or warnuig devices after job is complete. Payment shall be made at the unit price per S.Y. as shown on the proposal and shall be full compensation for furnishing all labor, materials, equipment tools and incidentals necessary to complete the work. D-32 Reinforced Concrete Pavement Or Base: The following specifications are for the furnishing and placing of reinforced concrete pavement or base as shown on detail and as directed by the Engineer. General. Reinforced concrete pavement or base shall conform to Spec. Item 314 herein except for finishing and curing. Finishing. The reinforced concrete shall be brought to a uniform surface by working with a wooden float. The surface shall be flush with the adjacent pavement and shall have a finish similar to the surrounding pavement. The surface shall be even and shall provide a smooth ride. Curing. The reinforced concrete pavement surfaces shall be sprayed uniformly with a membrane-curing compound conforming to the requirements of ASTM C-309, Type 2, white-pigmented compound, which shall not produce permanent discoloration of the concrete. Concrete shall be allowed to cure for seven days or test beams reach 500 PSI before removal of barricades. Included in this item will be the removal of the existing reinforced concrete pavement. The existing pavement shall be sawed so as to maintain an even, straight pavement cut. The e�sting reinforcing steel at sawed line and construction joints shall be lapped 18 inches with the new reinforced concrete pavement. The existing steel shall be thoroughly cleaned before lapping. The following work method will be performed on each utility cut: D-14 1. Place safety signs, barricades and/or other warning devices where necessary and as required. 2. Mark out the damaged area with keel, chalk line or paint being sure to include all areas requiring repair. 3. Saw cut along marked lines a minimum of two (2) inches deep. 4. Remove e�ci.sting concrete. 5. Form joints and place reinforcing steel and Dowel Bars (as required) according to standard specifications. 6. Place and finish concrete. 7. Clean up jobsite, removing all debris. 8. Maintain traffic control devices to protect area until concrete has cured seven days or concrete reaches 500-PSI fle�ral strength. Payment shall be made at the unit price per Square Yard as shown on the proposal and shall be full compensation for furnishing all labor, materials, equipment tools and incidentals necessary to complete the work. D-33 Curb On Concrete Pavement: Standard Specification Item 502 shall apply except as herein modified. INTEGRAL CURB: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. SUPERIMPOSED CURB: Concrete shall have a minimum compressive strength of three thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of mi�ug water shall not exceed seven (7) U.S. gallons per sack (941bs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. PAYMENT: Payment shall be made for cutting and replacing curbs and gutters required in this Project under the appropriate bid item and shall be in compliance with Public Works Department standard requirement Item 502. D-34 Adjust Water Valve Boxes, Manholes, and Vaults: D-15 Contractor will be responsible for adjusting water valve boxes, manholes and vaults to match new pavement grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. D-35 Maintenance Bond: A maintenance bond in the amount of one hundred percent (100%) of the contract amount shall be furnished for a period of two years from the date of final acceptance of the work will be required on this project. D-36 Insurance: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury -$250,000 each person, $500,000 each occurrence; Property Damage -$300,000 each occurrence). The City reserves the right to request any other Insurance coverage as may be required by each individual project. D-37 Brick Pavement: This item shall include: 1. Removal and salvage of e�sting brick pavers for the purpose of relaying, in such a manner that no damage occurs during handling of the brick. 2. Supply additional brick pavers as necessary that meets size, shape and color of e�sting brick, as approved by engineer. 3. Mortar bed shall be leveled to the desired elevation, as directed by Engineer and shall not be disturbed in any way. The mortar setting bed shall consist of: a. 1 part Portland cement - ASTM C150, Type 1 b. 1/4 part hydrated lime by volume - ASTM C207, Type 5 c. 3 parts damp sand - ASTM G 144 (for high-bond mortar, gradation in accordance with additive manufacturer's recommendation) d. Add water to obtain stiff mix - water shall be potable quality The dry joint filler shall consist of a. 1 part Portland cement - ASTM C150, Type 1 b. 6 parts dry sand - ASTM G144 c. Do not add water D-16 High bond mortar m� shall consist of a. 1 sack Portland cement - ASTM C150, Type 1 b. 50 pounds workability additive -"A" Marble Dust by Armco Steel Corp., Piqua Quarries, or Ute Dolomite Limestone by U.S. Lime Division of Flintkote Corp., or Micro Fill No./2 by Pure Stone Co., of Marble Falls, Texas. c. 3 1/4 cubic feet of sand - ASTM C-144 d. 4 gallons of high bond additive - Sarabond Liquid Mortar Additive by the Dow Chemical Co. e. Mix with water in accordance with High Bond Additive manufacturer's recommendations Concrete surfaces to receive pavers shall be dry, clean fee of oily or waXy films and firm and level. Pavers with chips, cracks, or voids shall not be used. The setting bed mixture shall be spread and screeded to a true plane and shall be limited to that amount that can be covered with pavers before initial set. For the work method see D-24 and follow items 1-9 where applicable. D-38 Workers' Compensation Insurance: A: Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. B: Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not pernut any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificate to the Owner (City). C. Workers Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation 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. D-17 Duration of the Project. Includes the time from the beginnuig of the work on the project until the contractor's/person's work on the project has been completed and accepted by the City. Persons providing services on the project ("subcontractor" in section 406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, offce supply deliveries, and delivery of portable toilets. 2. 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) for all employees of the contractor providing services of the project, for the duration of the project. 3. The Contractar must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been e�ended. 5. The contractor shall obtain from each person providing services on a project, and provide to the City: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing e�ension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. D-18 7. The contractor shall notify the City 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. 8. The contractor shall post on each project site a notice, in the te�, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting on the 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; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing e�ension of coverage, if the coverage period shown on the current certificate_ of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginnuig work on the project; and (2) 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; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. ( fl notify the City 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 D-19 (g) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City 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 Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. D. Posting of Required Worker's Compensation Coverage. 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 te� 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 te� for the notices shall be the following text, without any additional words or changes: REQUIRED WORKER'S COMI'ENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". "Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. D-39 Lime Stabilized Sub�rade: Upon the direction of the Engineer, the Contractor shall provide a lime stabilized Subgrade or base in conformance with Specification Items 210 and 212 of the City of Fort Worth's Transportation and Public Works Department's Standard Specifications for Street D-20 and Storm Drainage Construction. Unless otherwise directed by the Engineer, lime shall be applied at the ininimum rate of four pounds (4#) per square yard per inch depth. Payment shall be made by the square yard at the unit price bid for the quantity measured in place and shall include all labor, equipment, material, and incidentals necessary to satisfactorily complete the project. No payment shall be made for the hydrated lime as it shall be considered subsidiary to the bid price for lime stabilization. D-40 Cement Stabilized Sub�rade: At the direction of the Engineer, the Contractor shall stabilize the subgrade or base material with Portland Cement in conformance with Specification Item 214, Portland Cement Treatment, in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas Transportation and Public Works Department. Unless directed otherwise by the Engineer, Cement shall be applied at a nunimum rate of five pounds (5#) per square yard per inch of depth. D-41 Repair of Storm Drain Structures: This pay item shall apply to all storm drain structures such as inlets, ivanholes, headwalls, or other facilities which, in the opinion of the Engineer require repair. The Contractor shall remove and replace the tops of e�sting drainage structures and a portion of the walls of the structure as directed by the Engineer. The vertical reinforcing steel bars in the walLs shall be cleaned of any concrete or dirt and exposed a minimum of twelve (12) inches. New steel shall be used in the reconstruction of the walls and top. No payment shall be made for manhole frames, lids, steps and other miscellaneous items of construction, as they shall be considered subsidiary to the unit price bid for Repair of Storm Drain Structures. Unless directed otherwise by the Engineer, the e�sting manhole frames, lids, and other miscellaneous items may be reused. Storm Drain Structure Repair shall be performed in conforinance with specification Item 444, "Manholes and Inlets", and Drawing No. S-SD 1 through S-SD20 of the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction and shall further apply to all storm drainage facilities of a similar design and construction. Payment for Repair of Storm Drain Structures shall be made by the cubic yard of concrete required to reconstruct the structures as well as all steel, etc. in conformance with the appropriate drawings. D-42 Samples and Quality Control Testin�: D-21 a. The Contractor shall furnish, at his own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a rnix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. b. Tests of the design concrete m� shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. c. Quality control testing of in-place material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility to furnish materials and equipment conforming to the requirements of the contract. d. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. e. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D-43 Protection of Trees, Plants, and Soil: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored, after completion of the work, to a condition equal to or better tha.n e�sted prior to the start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-of-Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. D-22 To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D-44 Payment: Because of the unique nature of this contract, C8-8.5 PARTIAL ESTIMATES AND RETAINAGE of the General Conditions shall not apply and shall be superseded by the following: (Please initial below) Whenever the improvements prescribed by an individual Work Order have been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time, perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will recommend acceptance of the work under that particular Work Order and recommend payment therefore. If the Engineer finds that the work has not been completed as required, he shall so advise the Contractor in writing, furnishing him an itemized list of all known items which have not been completed or which are not in an acceptable condition. When the Contractor has corrected all such items, he shall again notify the Engineer that the improvements are ready for inspection, and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, an estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the Contractor after acceptance by the Water Department Director, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment, the Contractor shall execute an affdavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor andlor materiaLs under that Work Order have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under that Work Order or any act or neglect of said City relating to or connected with the Contract. D-23 The rnaking of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. Bidder's Initials �� D-45 Standard Street Specifications: All work involving paving and/or drainage shall conform to the two following published specifications, except as modified herein: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION — CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS D-46 "Quick-Set" Concrete: In high traffic areas where the utility cut repair must be returned to service sooner than a normal cure time will allow, the Contractor shall use concrete admixtures as outlined in Item 422, "Concrete Admixtures" or ready made rriixes such as "Rapid Set" concrete mix or approved equal. Any and all materials used shall conform to the above-mentioned Item 422. Payment for quick set concrete shall be made at the unit price bid per CY as shown on the proposal and shall be full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary to complete the work. D-47 Utility Ad_justment: This item is included far the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to utility cut repairs to water, sanitary sewer, and natural gas service lines and appurtenances including irrigation lines (sprinkler systems), etc. where such lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. The Engineer will make no payment for utility adjustments except those adjustments determined necessary. Should the Contractar damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility D-24 adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. D-48 Standard Concrete Sidewalk and Wheelchair Ramps: All applicable provisions of Standard Specification Item 504 "Concrete Sidewalks and Driveways" shall apply. The Contractor shall construct standard concrete sidewalk and wheelchair ramps as shown in the details or as directed by the Engineer. All concrete flared surfaces (wheelchair ramp wing or curb) shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturer's instructions. Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimensions approved by the Engineer, meeting the aforementioned specification if needed. The sample, upon approval by the Engineer shall be the acceptable standard to be applied for all wheelchair ramp construction. Surface colaring shall be subsidiary to the unit price for this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution. D-49 Limits of Concrete Pavement Repair: The following criteria will be used to determine the limits of concrete pavement repair for this contract: 1. The minimum size of repair for concrete shall be 5'x 5'. 2. Whenever the limits of the repair are 8 feet or less from an adjacent joint of any type, the replacement shall be e�ended to that joint. 3. Dummy joints shall be sawed across any panel where a construction joint intersects the panel and a joint does not exist. All new joints (construction or dummy) shall be parallel with existing joints. 4. Depending on the e�.sting longitudinal joint spacing and the limits of the damaged pavement, the contractor may be required to e�end the replacement to the halfway point of the panel. The determination shall be made by the inspector on a case-by-case basis in order to assure uniform joint spacing. D-25 Payment for all concrete pavement repairs shall be made at the unit price bid per square yard as shown in the proposal and shall be full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary to complete the work. However, payment for sawcutting dummy joints in adjacent panels shall be made under the appropriate bid item. D-50 Concrete Curb and Gutter: This item shall apply for the placement of concrete curb and gutter on H.M.A.C. paved streets. Specification item no. 502 of the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction shall govern this item. D-51 H.M.A.C. More Than 9 Inches Deep: When H.M.A.C. greater than 9 inches in depth is encountered, it shall be replaced with a combination of H.M.A.C. and 2:27 concrete base, as determined by the Engineer, to achieve the required thickness of pavement. D-52 Asphalt Driveway Repair: At locations where H.M.A.C. driveways are encountered, such driveways shall be completely replaced for the full extent of utility cut with H.M.A.C. equal to or better than the existing driveway. D-53 Top Soil: Where directed by the Engineer, top soil shall be applied in accordance with the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction, Item 116, except as follows: All labor, equipment, tools and incidentals shall be included in the square yard bid price for the top soil. D-54 Water Meter and Meter Box Relocation and Ad.justment: This item shall include raising or lowering an e�sting meter box to the parkway grade specified No payment will be made for adjusting e�sting boxes which are within 0.001 feet of specified parkway grade. The unit price bid shall be full and sufficient payment for all labor, equipment and materials used in the adjustment of the meter box. D-55 Bid Quantities: Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities (see General Conditions C2-2.2 and C4-4.3). Moreover, there is to be no limit on the variations between the estimated quantities shown and the actual D-26 quantities performed or used. In particular, the Contractor shall be aware that it is the City's intention that the quantities in Unit I be used on an "emergency" basis only. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $400,000 (see Options to Renew) shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be no limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City bit will in no case exceed $400,000 (see Options to Renew) including all change orders. D-56 Work in Hi�hway Ri�ht of Way: When the Engineer directs the Contractor to perform work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (Tex-Dot), the Contractor shall obtain approval from the Texas Department of Transportation prior to commencing any work therein. All work performed in the Tex-Dot right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation and Item E2-29.1 "Construction Within Highway Right-of-Way" of the General Contract Documents and Specifications, effective July 1, 1978, as amended. D-57 Concrete Manhole Collar: At the direction of the Engineer, the Contractor shall provide a concrete manhole collar in conformance with Figure 121 contained herein. Concrete manhole collars shall be provided for both sanitary sewer manholes and for storm sewer manholes at the same cost. Payment for concrete manhole collars shall be made per each installed in place at the unit price bid and shall be full compensation for furnishing all labor, materials, equipment, tools and incidentals necessary to complete the work. D-58 Manhole Inserts: At the direction of the Engineer, the Contractor shall provide a watertight insert. The manhole insert shall fit in the manhole between the manhole lid and the manhole lid frame and shall provide a watertight barrier which will prevent water from infiltrating into the manhole. Payment shall be made at the unit price bid in the proposal and shall be full compensation for all labor, material, equipment, and incidentals necessary to complete the work. D-27 D-59 Crushed Limestone (Flex-Base): Crushed limestone required for use as a fle�ble base material shall conform to Specification Item No. 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. D-60 Option to Renew: The City has the right to renew this contract for three (3) one year termslexpenditures of $400,000 under the same terms, conditions, and unit prices. The City shall give at least si�y (60) days notice prior to the expiration of one year from the date of execution of this contract or of an option period or a like notice at such time as there is less than $20,000 left unexpended. D-61 Non-exclusive Contract: THIS CONTRACT IS NON-EXCLUSIVE. DURING THE T�RM OF THIS CONTRACT OR ANY RENE�VAL FIEREOF, THE CITY RESERVES THE RIGFIT TO ADVERTISE AND AWARD ANOTHER CONTRACT FOR LIKE OR SIMILAR WORK. IF A SECOND CONTRACT IS AWARDED, THE CITY FURTHER RESERVES THE RIGHT TO ISSUE WORK ORDERS UNDER EITHER CONTRACT AS IT DEEMS IN ITS BEST INTEREST, WITHOUT RECOURSE. D-62 Concrete Valley Gutter: This item shall include the repair/replacement of existing concrete valley gutters as directed by the Engineer. The proposed valley gutters will be constructed according to the detail included in these documents as well as confornung to Specification Item No. 314 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. The umt price bid for this item shall be full compensation for all materials (including applicable subbase), labor, equipment and incidentals necessary to complete the work. D-63 Traffic Buttons: The Contractor shall supply all materials and labor necessary to install traffic buttons of the same type as were previously installed at locations designated by the Engineer. The buttons to be supplied shall be generally, but not lirriited to Type W-4 and Type II C-R4 and installed with a Type III Epo�ry. The unit price bid for this item shall be full compensation far all materials, labor, equipment and incidentals necessary to complete the work. D-28 D-64 Pavement Stripin�: Pavement striping, whenever and wherever encountered, shall be replaced to match the e�sting striping or as directed by the Engineer. Materials used shall be of 420 Type intersection grade tape (in 18-inch width) such as Stamark as manufactured by 3M company or approved equal. The unit price bid for this item shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. D-65 Pro.ject Clean-up: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up wark shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up sha.11 be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the ne� estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. D-66 Contractor's Responsibility for Dama�e Claims: Part C— General Conditions, Section C6-6.12 shall be revised to read as follows: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indeinnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv, damaQe or death is caused, in whole or in part, bv the negli�ence or alleped negli�ence of Owner, its officers, servants, or emvlovees. Contractor likewise covenants and agrees to indemiufy and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such iniurv or damage is caused in whole or in nart bv the ne�ligence or alle�ed negli�ence of Owner, its ofrcers, servants or e»znlovees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor �� either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. D-67 Public Notification Prior to Be�innin� Construction: Prior to begiin�ing construction on any block in the project, the contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: . The notification notice or flyer shall be posted seven (7) days prior to beginnuig any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the `pre-construction notification' flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. D -68 Asphalt-Only Repairs: At locations where the Water Department's crews have already saw-cut the paving repair edges and installed the applicable base repair (2:27 concrete, reinforced concrete, etc.) the Contractor will only be required to install the appropriate thickness of H.M.A.C. All applicable provisions governing the placing of H.M.A.C. as stated in D-31 2 to 9 Inch H.M.A.C. Pavement shall be followed. Payment shall be made at the unit price per S.Y. as shown on the proposal and shall be full compensation for furnishing all labor, materials, equipment tools and incidentals necessary to complete the work. D-30 Date: (To be printed on Contractor's Letterhead) DOE No: �� PROJECT NAME: MAPSCO LOCATION: <XXE> LIlVIlTS OF CONST.: <Alpha St. between Beta Street and Gamma Ln.) EsNmated Duration of Construction on your Street :<XX> days THIS IS TO INFORM YOU THAT UlVDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT �I`ELEPHONE NO.> �' Mr. <CITY INSPECTOR> AT �I'ELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. D-31 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker Asphait Shoveler Batching Plant Weigher Carpenter (Rough) Concrete Finisher-Paving Concrete Finisher Helper (Paving) Concrete Finisher-Structures Flagger Form Builder-Structures Form Setter-Paving & Curbs Form Setter-Structures Laborer-Common Laborer-Utility Mechanic Servicer Pipe Layer Pipe Layer Helper Asphalt Distributor Operator Asphalt Paving Machine Operator Concrete Paving Saw Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) Front End Loader (2 1/2 CY & less) Front End Loader (over 2 1/2 CY) Milling Machine Operator Mixer Motor Grader Operator (Fine Grade) Motor Grader Operator Pavement Marking Machine Roller, Steel Wheel Plant-Mix Pavements Roller, Steel Wheel Other Flatwheel or Tamping Roller, Pneumatic, Self-Propelled Scraper Traveling Mixer Reinforcing Steel Setter (Paving) Truck Driver-Single Axle (Light) Truck Driver-Tandem Axle Semi-Trailer Truck Driver-Lowboy/Float Truck Driver-Transit Mix Truck Driver-Winch L. $10.32 $9.75 $9.65 $13.64 $10.16 $9.70 $13.44 $7.00 $13.44 $10.25 $9.75 $7.64 $8.64 $13.25 $10.13 $7.35 $6.75 $11.45 $11.09 $10.53 $10.00 $11.52 $9.94 $9.32 $8.00 $11.00 $12.31 $13.75 $11.00 $9.88 $12.12 $8.02 $10.00 $9.75 $8.00 $10.22 $10.54 $10.63 $9.80 in � �� 1'-0" � I � 0 1� � 1�i W � 4._�, in � � � it Mi 2-0 ,�' L Qi a a 0 U c�o T- � � ��. � �i � � � � N N N N n� � iZ ' - � .�' e T �t T Q) CCS U (� C 0 :� U � L .�-+ � C O U r � N W . s rREEr a � � 0 N 8-�4 REBARS TYP. USE 3a�0� CLASS A CONCRETE. ►, CONC. COLLAR- HEIGHT VARIES PVNT. P�NT. ` 2.' 27, � . , CASE 1 CASE 2 CASE ! COLLslR SHALL EXTEND TO TOA OF 2.• 27 CONCRETE (REBAf� REO. J DI�9 T 4.0' 3" TYP. A 3/4" CHAMFER TYP. . ., � , � ` , � GRDUND � � � . �,' � i i I GRAD RING � �' .� ` - , - - - - - - �. • 6" MIN. � . � � - _ RAM NECK • ' 3 MINIMUM � HEIGHT VARIES CASE 2 � COL L AR SNAL L EXTENO 3' BEL 01✓ BOTTOH OF LOh'EST GRADE RING (REBAf� REO. f SECTION A � � FIGURE 121 � CONCRETE MANHOLE COLLAR D E T A I L Ei-20, 21 MATERIAL E2-20,21 CONS?RUCTION 5/18/90 �/n�/q� GENERAL CONSTRUCTION NOTES 1. Applicable design and details shall conform to "General Contract Documents and Specifications for Water Department Projects" (GCD) effective July 1, 1978, with the latest revisions. 2. All horizontal blocking, cradle blocking, and vertical tie-down blocking to be in accordance with Fig.(s) 9, 10, and 11 of the GCD. 3. Fire hydrants shall be located a minimum of 3'-0" behind the face of curb per Fig. 5 GCD. 4. All gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16" and larger Fig. 4 GCD. 5. The proposed water and/or sewer mains at times will be laid close to other e�sting utilities and structures both above and below the ground. The contractor shall make necessary provisions for the support and protection of all utility poles, fences, trees, shrubs, gas mains, telephone cables, TLT cables, drainage pipes, utility services, and all other utilities and structures both above and below the ground during construction. It is the contractor's responsibility to notify all utility owners prior to any construction in the area and verify the actual location of all buried utilities that may or may not be shown on the plans. The contractor shall preserve and protect all underground and overhead facilities and be responsible for any damage he may cause to them. The Contractor shall contact the following @ least 48 hours prior to excavating at each location: Fort Worth Water Department Field Operations Fort Worth Transportation & Public Works Light and Signal Division Lone Star Gas Company Texas Utility Service Company Southwestern Bell Telephone Company Texas One Call-Fiber Optics Location (MCI, AT&T, Sprint, etc.) Marcus Cable T.V. 871-8296 871-8100 Metro (214) 263-3444 336-2328 Enterprise 9800 1-800-245-4545 737-4731 6. Contractor shall verify the elevation, configuration, and angulation of e�cisting line prior to construction of tie-in materials. Such verification shall be considered as subsidiary cost of project and no additional compensation will be allowed. Elevation adjustments at connections may be made with bends, offsets, or joint deflections. All nonstandard bends shall be made using the closest standard M.J. fittings with the required joint deflections.(deflections not to exceed manufacturer's deflection per joint) 7. Contractor shall keep at least one lane of traffic open at all times during construction and access to all places of business and residence at all times.(reference C6-6 :5 GCD) 8. No excavated materials, backfill materials, equipment, or supplies shall be stored within floodways or drainage easements.(reference C6-6.6 GCD) 9. Trenches which lay outside existing or future pavements shall be backfilled above the top of the embedment with Type "C" backfill material. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" material shall be used. All backfill material shall be compacted to a minimum of 90% proctor density by means of tamping only. Trenches which cross under e�sting or future pavement shall be backfilled per Fig. "A" with 95% proctor density by jetting, tamping, or a combination of such methods. l O.Rim elevations of the proposed sanitary sewer manholes in repaved streets are shown as final fuushed grades in these plans. They shall be constructed to 15" below final finished grade by utility contractor and adjusted by paving contractor in accordance with Fig. M of the special contract documents. Concrete collars shall be installed where indicated on the plans per Fig. 121 of the special contract documents. Manhole inserts shall be installed in all standard four foot and standard four foot drop access manholes per E-100-4 of the special contract documents. Standard four foot diameter manholes shall be in accordance with section E2A, Fig. 103 and Fig. 104 GCD, standard four foot drop access manholes per Fig. 107 GCD, and shallow manholes per Fig. 106 GCD. 11.The top of the water lines shall be a ininimum of 3'-6" below the top of the curb for 12" and smaller mains except where otherwise shown on these plans. 12.All water meters shall be placed or relocated 3'-0" behind the face of the proposed curb or as directed by the Engineer. 13.All existing water services shall be replaced with 1" minimum copper tubing unless a larger size is indicated on the plans. Corporation stops shall be fully opened prior to trench backfill. Curb stops with lock wings shall be tested for full flow when the system is pressure tested. Extend 1" water services to those lots where no water services have been extended to. Locate these services at normal locations or as directed by the Engineer. a.The normal location of water service lines shall be 5' east or north of the center of the property frontage. b.For 40' or less lot frontage, all water services shall be placed 18" from the east or south property line. , 14.All sanitary sewer services encountered shall be replaced to the property line as directed by the Engineer. 2 U N F- } Q a 3z = J F-� Q O � Z N � � � w~ � �. Z Z W O c� J =� N N � Q 2 m O N N � Z a� m M = O F— z3 U Z O u �. � Z Z W H � �j W > x a. w a; W � 1- W � � c� � �z a o W �, W � V W � V � J za W � � =Q F- _ Z N � N W Q ! Ja U � , i. -vv-� � ,� '• ; o�" o °oo�' o . "NIW � � fu oe � � •�' ' 0o,$6op . � ' �o�°e•p' �: �� 00 Q : ' o0 oao A ' Opo �. a:�o N o �_ � ` f.- '•° . 1 � I U • c� 3 z F- a � e, OZ N U W • H � � N W ` — � . .• . w a �� m • � � � � C9 W • • �.e . ZF-- •• ,', , ► H � N � W 4� 389b Addendum 3 W N • Q m � z} N Q X � W v Q' X ,� =�YF-2=WF.=... 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O F i �V M c= j��� < r ?o' �F o$ os j�o�xu S W �� w��` O�0 W W• W X/ ► Z 1-� � o°' r-o zw�■�sc~~ W F W= W� 1p" �1 r= r Q S O�`7 w W� Z �( JJ Fy h' H N • t '; O O t) < _', t W IL �� � J d!• W F� i m � `� _� W p W� i W 7 � � I � ~ . � � � r � r 2 Y- r M 6i �� � M~��- L N m W f � W f= � 1 W„ Z �-" a r- p o f'r o ao �o ��J<"z�zn� Z W �� i!= t � L O W t om � si�=�;�r�� N �' � �y� i w j F J F=- i r F- N O m� O�� s��� v L O 2 - • w �i l' � � U W � J Q s r • ws��+ r- �, � � i i ��• i i � • .+: w � T � �. �. �y� �y1 W W W CC�CL A 0 (t►AMS�OM �OIMTi �TR/�11TIOM /////////, A � T►�rwsirio�/ AREA �WIDTH AS RCOVIREDI M4TCN ExilTiwO � OUT TER P L AN V1EW �%D / 1 D .SC 0 /1 An invirJ ao mori lAan r1a d�plb oAd Ro /ii� 14a� ,5,�'in OiplA ri// Dr iiQai��d /a a// 6'irid� ro//ir yvflN� 7'ei codl�octo� ri// D� iiqwi�d /o /or! lAi pullir m�/h rafir bi/o�� le� joD if occr�l�d. T'CO►+C�CTL [x�ST. M.M.A.C, v�ll[T Pvr'T � 6.tSl GUTTER— I�-� �� � \ I j' M. u. a.C. TR,�.HSIi10N 2/27 !' CONC1tET[ L+1S M0.3 } 2�� C-C _ � �—MO.�} 1�'C-C � ITE� M0.302 J � Crushed Limestone , t�H.1LA.C. fR,WSIT1pM :� ':;i '.� � Lt7 S' C4MGRC7Q �'-o' I RESIOEMTIA� STREETf SECTION 'A -A' Nor ro sco�. :QIYIRL �[[T 0� VA��(�r GUTT(11 y[�3UR[D i�o� �.t�-o�•tv�� TO IAC� - 0/ - WR� ov►+rr �OiMTi =0� CXIST. KII.At. tYV7 ► DaSE TAa 7 �ein/aced conc�rte rol/ey sho//re�/oct llre >qv 7�a�! 1he paremeat,ril�i 1he remoinrn9 perlion o/povemcn! to 4e construcf�d /nclud/nD iuDDro4i 1re�o�mrnl, !n occoiDanc• ,rlJh !he lypico/ par�np seclion. Tb• conc���e ro/%y ri//L� por«a�0 occordinD lo cily sJondordt for concrAlo curb and pullo� TkP coacr�f♦ tAoll b,r of iroshes ond ic�oenod a���i�ofe �ifh o a�/n. or >/rs(JJaoc,ti of crmPnl pe� cubicyard olccncra>s �,�ith a minimum compressive strength of 3,000 pounds per square inch in seven days. CO�ICR�' iE V� L L E Y DE %4 /L S V 0 ATTENTION ! CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58,59 & 60. „ fi _ � r " ' -=, ;_ � � - �: ,� � _ .:, t. � � .::. � - r,_ ,i. _ - t 1:_ �:- �.'� • `i. f �.'- -` I �`: . �` :: � I : ; � , � ; y�-� � -__. L. , � � :, _ , := :_ _ r = - - ` �_ �_� �. - = - CITY � F.ORT VORTF�(, TEXAS - CD�fSTRUCTION STANDARD OCTOB�R, 1492 , � . � � � � � r] � � � � � � U U 2 � J � Q �3 0 Z q ❑ H � � N � � � � L L C H G �f „e i� F- W � W � _ a Ri v�w �°c ? �N =� X W� �Y Q . � � �� 3 ZQ�'pq U� W H �V�j Wq y � ��� Zy � Q �i�� �� x Il.. =AN 40 4z h- N �jj �!4 3 �1 n. . - � f., �v ►�— Q r. CY �- ►- °� A ac o � < � �i � .� f- �--� YO� YA WO c/� °" > � � o �- �r Z J �W� Q� �� t..,� O J.-r . r... Q' O W � � 4. W S �/J d Li 2 �,� �' z a a � }�. �� U �� � < cr� �� � � �� �� � x �W �� �O �� �--\Wa � �� ��A�� Q �n �W �d L� W��Su ___I Q H 1..1� � i� II 6" N- aR tr �� � EXtSTING 15' R SCAIE 1" = S' SIDEWALK RAMP NOTES 11 C�AttS1fJN .IOIFIt IWD Sll.]C01� SEALp+G gML.I �E SillSiDIARY TO UWT PR1CF )tD I ibt SlOEYA�x. t� T}E ACTl1�l lDifTt �' R£HQ�/K. � EXISt- iWG CLJRD Mm GUTTfR MID SIDEVAU( �SIi�LI . DE AS DTRECTED SY TFE ENGIt�E� W TFE � � �� . ��t,������on�=�Y 8E MSTNLIED Qr B�lTH SIDES � T}E RNQ DEP£tiD.1t1G Qi TNE f�E1D CQ�D1TiflM Ot At D]RECTCD �Y hE [HGD'�ER. 4> CIR� R�S V1TH R£Tt�ZNED UJR?S FiAY 6E USED YNER£ FEDESTRIMJS VDl�O NOT �Rt�LLY VALK ACROSS TF� RA1P. 3� SI.OPC Ci Cl1Ri RJ4� At�lOR SIDEVhII( St-tAt.l lE A Ii�IKIFRJM � 14E. FLARED SIDES � RNP S�V+LL HAVE A W�X.tMM SLOPE � �+Ia Ut�.ESS PEDESTRIM�S COUiI� VALK ACRDSS TFE RMP TF��?J TI�E M4AXIM�1 SLOPE St4till IE 1�St �oa_rs�ac mcvux a�s _�'��.�-"= , ..� . . = �� : .. ► ..���- � � �� • `� . . • ... . ��� `��' � :. � .. . .- � , •, .� .�� , :� ��v A� � `��� ��. .: � � � ��� � ��. .��. •• � .. .�•. � �!• � -� '.. \ ,.�:a•- \ �....�.� ` . •.... .� •• •... • '•••.' • • � • � � � . , ...,.., I.AYDO�VN C/G ,�:•i�����i .�����•����i .�•,•������i � t_� ��1��. � ro� \��� �; ____ � w�Kc aR aa swu x caao �i�s�o�.vo . �c,c o n�a�►. d�a — _... � _.... ..-� ---- r�a r�or. r a�s ` �` °�'amae �.SAVCXl1 1"DR C�TL MVDOfi . STANDARD PAY LIMIT DETAIL CITY �' Fd27 V�T1� TEXAS - CahISTRUCTION STANDARD OCTOBER, 1992 ` � WR - 1 � �encvt vr vi .unrT� T� r r�sa+a �s afas� ��a�c or r�. p. EXISTING 15' R SCALE 1" = 5' SIDEWALK RAMP � �y �������� � 1'a !20 T� tiD i�R Si�V tL.K I 1�� a li� IkCTCML L4�PS � RfitQVAI � EXIST29C Cllu� Fs� RJTTFR Ad� SR£YALX SFW.L !� AS E�£C'fE.1 YI' 7H[ F�G�ae � M �tt1.3 .:— ,� ,- ..: . � ca.�r t�t �s ��.�on -o��xs�r .�rr a sa�x� sc.e�� T�d]C 6 Pi�. CLJ� �/btL i�. 3"' a�.e [X3STDt, t WTTER WJT i�Pt �iL �AYEJ�]dT J�INT DETAIL CITY OF FORT VQRTF{, TEXAS — COPISTRUCTIDt�1 STANDARD OCTOBER, 1992 _ ��:. . ..���. . � i*, e o3�d Lerrc� st Tvp af Ga R#sc - -..•- � . Skdca i� CL�r� . �� PerpcaQ3enlat Pnblic Sfdcaah G�t� FLa�p tQi . Pxra7]al Pubtk Sidcsra.tY Ccu� �t co��oa r`� � s�Qr� c�t � Fi,�. 159 2�ublic Sldewa,Ik G�rg �p� ATTENTION ! CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS No.30 WHERE FEASIBI,E_ SEE FIGS. 58 �59 � 60. 7Q:2151 14.Z.Q �Scia]�.s Ways a.Bd itictlit3a� . ■�� `- ::- � ��/��■ �■■ : 1� �` ....■ r�� '�= _ '����� - =-- '����� a ^� LI � D � � 0 0 d � � r-�---� . . � � � • ix o�l � {i�W"R�. Ma W i� V W �Wa �{ � � iR�Wfp'+�ii Wf � ' . � ' ' (,��.� � • ����wA� .`i�i � W� ' • r �:i�G wes �. � o•`G � �� � b � Y GV � • ' ]-'!� Gop��qrt O 19'4: tr�j Trs D�reau d W-DOr�ml /Ula�'�., hG � 111 ATTENTION ! CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58�59 � 60. - - - - � � - :�. - - _ CITY � FC�ZT �1DS2T!{ TEXAS - C�NSTR�CTI�1 STA�RD DCTD�R, �9'92 � a VARIABLE HEIGNT CURB -� 1�48 �- �12 TYPE I EXISTING 15' R SCALE 1" = 5' � PROP, 4' COLORED � RAMP SURFACE VARIABLE HEIGHT CLtRB 1 1/2' R <TYPJ CITY �' FORT V�2TK, TEXAS - CQJSTRUCTLDN STANDARD DCTOE£R, ]992 - 0 VARIAF kEIG�iT Cl1RB -� 1�48 �---- TYP� I EXISTING 20' R SCALE 1" = 5' PROP, 4' RAMP C�L�RED SU�FACE � VARIABI.E HEIGHT CtiRB 1 1/2' R CTYPJ CITY OF FORT V�2T}{ TEXAS - C�STRtICT[Q?i STANDARD OCTDBER, l9'92 1�48 �- � ,t T YPE � I EXISTIt�G 2�' R SCA�.E 1" = S' � PROP, 4' RAMP _ - - C�LOR�D SURFACE � VARIA�L.E F�IGNT CURB 1 1/2' R CiYPJ � ��TY aF FQRT Yi�RTIt TEXAS - C�tSTRUCTI�i �TAHD�D . DC T 0 B�, 1992 � � 0 T YPE I EXISTING '20' R SCALE 1" = S' CDLORED SURFACE t-�E I GH T Ct�Z B 1/2' R CTYPJ CiTY OF FCiZT d'OR7F� TEXI4.S � C�ISTRUCTID?J ST�D OC T QP�i�, i'992 ��� ii . T YPE I I I , EXESTING 15' R SCALE 1" � S' SIDEI�ALK RAMP �R��M FINISH � H1�AC TI��IN I �:._:. ,,.. ...._ _ - �� � � �� ,�- � � �. � q � � � � � � � �,�ss ►�. r� c� o�as raa — t EdJTTLt S�CUT f'�t C�fl'C ��.VQ�1't CITY 0� f�RT �/�T►j, T�� — ��TRt1�Ti� STA�lIIqF�D OCi0Bt7�, i932 Dc,s� q,� I � � �� . TYPE III EX1STIkG 2p� R SCA1.E 1" = 5' PRDP, RAMP � BRO�M FINIS�i � TRANSITION - ., :... _ ���.� ' P� P�. T' C� �� C1TY 0�' F�2T dORT}{ TEXAS - CCJ�tSTRUCTL��I STAHDAR.D OCTDB�R 1992 � � ���� i� i� v� i CURB RAMPS SHALL 6E CONSTRUCTEO PERPENOICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS No.30 41HERE FEASIB� SEE FIGS. 58�59 � 60, ' 70:2151 24.�.a v�.� woy� �a g.�ucs�. � . �-� d .-`.: ��� :-: - ��/��• ■�/ c�:,`. � ��/�■ ■rA :'c• ����i■ ��1 _-,-? '����■ D 4 � �_ i a 0 o . �� ��. 0 ►�P � °`� � � - � � � � �� F�� 8��r�c C�xrb R��mps at 3�5.ariead �� ca�� o trsl q n,� �, a ws,o.,.i w�.r,, r.c RUNNING, X SLOPE � Y 1:2p max i RUNNING SLOPE � COUNTERSLOPE ••�:;::,-y. :<:•.,•.... 1: t? maz � 1:20 rrtiax ' . ,, : . ;. ;.r:•::•: ::::;. . . . . :����:;:� ;�'�':'• '''':'•:•.•. .•.• •: ..•.�:�:�::�:�••:�:�:�: :�/ ���:�•%..• . , .•:.•:•;•.•.•.•.•.•.•.•:•.•.�.•.•.•.•:.•.•..,,... ., �....� i•:•::�:.•.•: • � •.�i•.•:::.�.•.r ri�;., •. .i..., WALK � CURB RAMp i STREET yCJTE � � I 1 S� ■✓�. �hcrc c�. � krcl pl�nc (21 C�+umenlope �►uli na c�.aC I.:U Measuremen�( Cu� �mp Slopp �� i� NOTE: Ir r< 1X in 1 I':U nvnl. �h..-� �h.• +k�,• i+t �Fa• fLr�tl.�c,1�ti .�II MY et�ttid I:1_. 5� (aI F7a rcd S!d a PLAAITING OR OTHEq NONWALKfNG SURFACE ��''� _ _ DE _= - _-_ S1d of�C.�urb �Rarr,p� ib) Raturn,ed Cyrb �9. 84.7.6 Bu[lt-up Curb Rar-rip � A J A� J A O _ U y 0 !'� N ►r X W h� Q � l�7 l7 Z h W y A X � W l7 U � F- -' \ �3 N --E� � .-. WW � O� U y N N ¢ � l.7 �— N .-� •_� '= .-r l7 Z � W N A rr Q X � Wl7 = N. y � -_+ Q � �U � 3 � O la.. J p[ O y i � f- � O >- Q �-+ J W U F- � a � H Ap� Q AZ Q � N � F- � a r N � N U 0` O� I "' a W ao � O U _+ O F- � O 3 }- � V � O } F- .� U n � A J P4 J O O 2 (� N . t I A LY Q O � J �C O � U �%► y N �Q+ l.� � !� y v; a ac u A W W U �¢ ❑ LL J � O � U G�f A O<C AZ < F- N O .. � V � � H Z►r � 3�c o �� J } � ..r Y Q J 3 J ~ H pC 3A J a- X� Q y U F- � O J � ~ � � � � O � F- � O � � � h- u � A J CQ J 0 O x U H 1 J�� Z O .� F- U W N J ¢ U � a � f- ... W a } �- U Q L� CL � � A W � O J � U A � � ti y O .� 1- U � N O � O� I " � W c� � o � � f- � � � o� 0 � � � � ., U �- � O } � a J W J a a �' U ~ ►r a � F- l� A J W J O _ U H A W W U Q N O � N Q U (/f � . l7 = N U � F- �-+ Q --� � WU �Q D� y U H � l7 0 r. � r U H Q g _ }- A ►� 3 Z ^ D p � H H � � z � � � r � H � O >- Q ''" J W J a a } U p"' ►-� d >- F- J O�� a ,O f- � H- ~HN ... i w POOi ►r U a Q � F�AW` J '�t ¢ U � pq „�,� ',,,"" l7 A J Cri J O O _ U H A � 2 Q r-- y 2 Q .� F- � 1- 1-- � N 0 U � Q ''" 1 ^ J W y � J Q W U ~ � � � f.. Uf- � � O 1-- � � F- GC D � � O r k- .. U � � a C C 2 U h � � 0 } � ¢ J W J a Q � U � ., a } H A � < Az Q F- H � H l�-- U � a �- �� P � r' y W Q 00 � O U � � F- � O 3 f- � � � � �- � u W l7 A J GD J O O _ U H 0 H y ►� X W U A ¢ � � � W U Q � � � H A W � O J O U N � —� W U Q � � � vf A W � D J O U N ._. .r � � Q � '�t ai U Z ^ 0 �, ►- o � � N Z• � O i-- F- � O } Q ''' J W J a Q } U ~ ►� a r � A � Q A Z < F- N Z O .. � � F- H U �` i .' Q W W D H � � � �- � O 3 � � O k O } t- .. U - . •� • SECTI O�J E SPtCI FI CATIO�VS JaJUARY 1, 197d A?1 materials, construction methods and procedures used in this project shall conform to Sections E1, EZ, and E'LA of ihe Fort �orth Water �epartment General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet). Sections E1, E2 and E2A of the Fort Worth Water Uepartment General Contract Documents and General Specifications are hereby made a part of this contract documant by reference for all purposes, the same as if copies verbatim nerein, ana such Sections are filed and kept in tne office of ti�e City Secretary of the City of Fort Worth as an official record of the City of Fort Wortt�. INDEX E1 MATERIAL SPECIFICATIONS E2 COi�STRUCTION SPECI FI CATI Oi�S E2A GENERAL DESIGN DETAILS Revisions as of April 'L0, 19�1, follow: E1-2.4 Backfill: (Correct minimum compaction requirement to 95;� Procter density an� correct P.I. values as follows:) c. Additional backfill requirements when approved for use in streets : 1. Type 6 Backfill (c) Maximum plastic index (PI) shall be t� 'L. Type C �ackfill (a) Material meeting requirements and having a PI of 8 or less sk�all be considered as suitable for comaac�- i on by ;jptti ng (b) Material meeiing requirement and having a PI of 9 or more si�all be considered for use only witi� mec�tanical compaction - EZ-2.11Trencl� �ackfill: (Correct minimum compaction requirement wherever it appears in this section to 95'6 Procter dei�sity except for paragrapn a.l. wtiere the "95% modified Proczer density" shall remain unchanged). SECTION E1Q0 — MATERIAL SPECIFICATIONS TERIAL STANDARD E100-4 JANUARY 1, 1978 (ADDED 5/13/90) �1Q0-4 WATERTIGHT MANHOLE INSERTS ,�1Q0-4.1 GENERAL: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the Fort Worth sanitary sewer collection system. E100-4.2 MATERIALS ANp DE�IGN; a. The manhole insert shall be of corrosion—proof high density polyethelene that meets or exceeds the requirements of ASTM D1248, - Category 5, Type III. b. -The minimum thickness of the manhole insert shall be 1/8". c. �The manhole insert shall have a gasket that provides positive seal in _ wet or dry conditions. The gasket shall be made of closed celi neoprene rubber and meet the requirement of ASTM 01056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1" wide vroven polypropalene or nylon webbing, with the ends t�eated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. e. The manhole insert shall have one or more vent holes Qr valves to , release gasses and allow water inflo�v 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 manti�le insert on the rim. € b. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the tnanhole frame rim. E100 (1) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) TM 4/09/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm. Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 309 W. 7th St., Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth, TX 76102 817-820-8100 INSURERS AFFORDING COVERAGE INSURED INSURER A: A�l'12�ISUf2 If1SUf8nC8 CO Westhill Construction, Inc. Attn: Ted Reynolds INSURER B: P.�. Box 2016 INSURERC: Cleburne Tx 76033 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OP INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ' LTR D TE DD Y D E M DD Q GENERAL LIABILITY CPP1324096 Z/ZS/O� Z/ZH/OZ EACH OCCURRENCE S 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) S 50000 CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY S 1000000 GENERALAGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2000000 POIICY X PR� LOC JECT /.� AUTOMOBILELIABILITY CA1324095 2/28/01 2/28/02 COMBINED SINGLE LIMIT g 1000000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ )( NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE UABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S Q EXCESS LIABIUTY CU1324097 2/2$/0� 2/28��2 EACH OCCURRENCE S 2000000 X OCCUR � CLAIMS MADE AGGREGATE S 2000000 S DEDUCTIBLE S )( RETENTION S 10000 $ � A WORKEflS COMPENSATION AND WC1324099 2/28�0� 2/28/02 X ORY LIMITS �ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S 500000 E.L. DISEASE - EA EMPLOYEE S 500000 E.L. DISEASE - POLICY IIMIT 5 500000 A OTHER CPP1324096 2/28/01 2/28/02 Property If Applicable See Below Covera e DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT NAME: UTILITY CUT REPAIR CONTRACT 2001A. PROJECT NUMBERS: PW53-060530176040 AND PS58-070580175390. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOUID ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT WORTH, TEXAS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'I O DAYS WRITTEN ATTN: MR. RADEMAKER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR FORT WORTH� TX 76102 REPRESENTATIVES. AU ORIZED REPRESENTAT E ACORD 25-S (7/97) � ORD CORPORATION 1988 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PW53- 060530176040 & PS58-070580175390 WESTHILL CONSTRUCTION, INC. �OR By: `'�". ic=�l� Title �' lr G �2z�c� Y Date STATE OF TEXAS � COUNTY OF TARRANT � BEFORE ME, the undersigned autharity, on this day personally appeared�� �``��, , known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged t me that he executed the same as the act and deed of �pa,�1��� �����' �`����1 �r�e for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , I+h day of �t . 20��_. � `�. Notary Public in nd for � the State of Texas ��.-..-..-�.-._-..�..-.. -..�.-..-.. -..-..-..�. ,. �..-..�.-...�.-...-..-..�..-..-..-.� 1 ' � �' ' � � r 1, . �. • • . �l 1•/�, � j l . �� .� �• i c ii 1 �..�-..�.-..-•_-...��..-�� -`�..-..-,.-,:-��:.-�-..-... -..�,-�� A�tlantic Alliance FIOELITY AND SURE7Y COMPANY SURETY DISCT.OSYJRE STATEMENT AND CERTIFICATrON T'arsuanE to N-j-S.A. 2A:44-143 Atlantic Alliance Fidelity and Surety Company, surety(ies) on the attached bond, hereby certifies(y)) the following: I) The surety meet� the applicable capital and surplus requirements oE R,5.17:17-6 or 1Z.S.17:17-7 as of dte surety's most current ai�nuai filing wiCh the NeFv Jersey Deparcmenc of Tnsurance. 2) The capital and surplus, as determined in accordance wilh the applicable laws oE this State, oE the surety(ies) participarin� in ehe issuance oi the attached bond is (are) in the follo�ving amount(s) As of the calendar year ende3 December 31, 1999 which amounts have been certified as indicated by certified public accountants KPMG 1'eat Marwick LLP, 757 Third Avenue, New York, NY 10017. $urecv Companv Atlantic Alliance rideliry and Surety Company Ca�ital Surplus $5,391,607.Q0 3) ��Yith respect to each surery pardcipating in the issuance of the a�ached bond Citat has received from the United S�tes Secretary oE the Treasury a cerHficate of authority punuant Eo 31 U.S.C. 9?Q5, the underwridng limitation establisl�ed therein and the date as of which t11at limitaEion was effective is as tollows: 4) 5� Surefv CUmpanv Allantic Alliance Fidelify and Surety Company LimitA tion �539,000 L�00,000.00 The amount of the bond Eo which ehis siatement and certiEication is attached is $_____-- Date june 30, 2000 If, by virtue of one or more contraccs oF reinsurance, the amount of the boi�d indicated under item (4} above exceeds the tolal underwriting limitation of all sureties on the bond as set forth in items (3)(a) or (3)(b) above, or boclz, rhen for each such contract of reins�lronr.e: a) The name and address of each sach reinsurer under that contract and the amount of that reinsur2nce panc�ipation in hhe contract is as foilows: Limitation NAC Reinsurance Corporation One Greenivich Plaza P.O. Box 2356& Green�vid�, CI' U690�i-2350 Ceneral Reiiisurance Corporation Financial Center, 695 East lvfain SlreeE P.O. Box 10350 Sramford, CI' 06904-2350 50ia of any excess of loss 50°,6 of any eace�s o! loss $ 3S °95,000 3316,574,000 ;and : b) �ach surety that is party to any such conrcact of reinsurance cerdfic:s tllat esch reinsurcr listed under �t�zn � (5)(a) salisfies the credil for reinsurance requirement establisl�ed under 1'.L.1993, c.243 (C.77:51B-1 et seq.) and any applicable regulatians in effect as of the date on whidl tr�e bond to �vhich this sta[ement and certifica[ion � is attached shall have been filed with the appropriate public agency. CERTIFIC��TE �, _ T�Clie �,h��"�� , as Attorney-in-fact for Atlantic Alliance Fidelity and Surery Company, a G�rporation domiciled �n New Jersey, DO H�12�BY CERTIPY that, to the best of my knowledge, the foregoing staEements made by me are true, and �CKN04VLEDGE that if any of tho -st'"at�nents are false, this bond is VO1D. Je�t�i.e 11 i �ns , Attorney-in-Fact 20 da � of ,.._ Felx���v 20 01 �T'��> Dated this ) t e filei\ da\ genadm\ n}.d i:ciosu rr.itud.dot PF,RFt�RMANCE BOND :�:�� ►►� �t 1�����1l�'l� TFIE STATE OF TEXAS ' C�UNTY OF TARRANT ��iCa�1 qZ,T. MEN IIY THESE PRF.SBNTS: That «�e (;) WR9THILL CON51'R�IC`T`[�dN. tNC. a(?) CORFU�'1'IUN of TFXAS, hereinaf�er c�ll Princip�l, and (3) t tic _ Fidelity �rl ���Y �Y serporation organizad And existing under the 1��vs of �he State and iLAy aut?�ox�zzad t� transact busi�iess ui tlye State of Tex�s, as 5urcty, ar� held and firmiy hound unto the City of Foct Wo�th, a Municipa! corporatian org�nized and existin� under the laws uf tk�e State af Texas, hereinafter called Owner, in thc pcnal sum of; ���TR HUNDR�D THOiJSAND AND �tiO110U.,...,:.,,,,,� .........................................�.:....,........,............... t�4pp.pQ� Dotlars in lawfitil money oi the Jnited States, to be paid in k'ort Worth, Tarrant �ounty, Texas, foK the payrnent of which sum well and tru�y be r�ade, we hereby bind �urse'.ves. our heirs, exccutn?•s, ad��iinis�rators and successors, jointly and severally, tirml7 by these presents. THE Cc7�tDITION OF TH[S of: OBI.I.�iATT(�N is such that Wher�as, tho P'ri;�cipal tntcrcd irto a certain contract wi�h thc City of Fatt W�rth, the Owner, dated the 20�. of Februarv, �o�t a cupy of �vhich is hereto a�tached and ma�e a p�rt nexeof for the consuvct:au of: UTiLITY CL'T 1t�PAIR �CONTF�AC'T 2001,� desigr,ated as Project �°�nade a�an hereofas f�t�lyDa� d o the.�am�xtent as�if co�sd a len�tl�he� i�a�uch project accached, referred to, an p and Gonst�vction heing hereinafter referred to as the "work". N�t�/ �`��;RFFC.7RF, ifthe Prineipal stiall well, truly, and faithfully p�rfarm the work u� accardance with the ilans. s�ecitic�cians, anci contract documents c�uring ihe origsnai terrn thereof, a�id any extensions thr:rcaf witich may be �ranted by the Owttcr, with or without noticc ta thc Surcty, and if he �hall sPtisfy ali daitn� and demands incurred urtder such ce�ntract, and shai] fuliy indemnify and 5ave harmless the O:�nar 5�om alt c�s�s and damages which it may sufter by reas�n of Failure to do so, and shaIl reimbursc and ropay t��e Owaer al1 outlay and expense which die Qwner may incur in making �ocd any defautt, then this c�bfi�ation shall be void; other�vise to rerrein in full forcz and efxect. � „ ._._..-. �-- , �,y1, , �;,; � � .. . . , [�AYMENT BONp TI-iF S"1�ATE C�F TEXAS CfJUN1"Y nF TA.RRANT I:_�;�.� ►.� �: ��� • KNdW At•t. MEN BY THESE PRESENTS: Th2t tve {i) WESTHILL CO[�STR.U+C`�tO�i. I;YC, a^)e C�rporation � f� ,T�son Coucity, heirinaficr ca�LCd P�itxG+pal, and (3) At]�tic Al l i�rP i Pl i v��� �' �y cvrpur�tion or�aniza d aTr d exis ting u n d e r t he l a w s a f t l z e S t a t e I` U a n d £ u i l y a a t h o r i� e d t o i r� u i sact busmess in the State of'�exas, �s �urety, are held and firmly bound tinto the City of Fort �h'orth, a munici�al cnrpor�lion or;atrizcd aud exisnng under t}��e laws of the State of Tex�s, hereinatter called Uwner, and i.u�to all person, fir�ns, and corporations who may fitrnish maierials for, ox perform labor u�on, the building or improvements hereinafter ze�'ezred to in the penat sum of : ............................,......................,.................,;.. �oUtt HUNDRED THOUSANn AHn r+��i cx� ................. _. .. (�400,0OO.OQ) Doll�rs in lawful money af fhe tJnited Staces, t� bc psid in Fort WUtth; Tartant ��uuty, T�xas, for the oAynzent of which swn wil( and lruiy be made, we hereby bind ourselves, our h�irs, zxecutor.s, adminisu•atc�rs and succ�sso:s, jointly and severally, firmly to these preseats. TF�F CnNDiTION OF THIS UBLIGATION is such that whereas, the Principa! entered into a ce.rtain contract ��ith the C'it?' o� h'ore Worth, the 4wner, dated the 20� day oP Fehruarv A.D. , 200y, a copy of which is heret� attac3yed and ��aade a part thereof, tor �he consideration of:: �tTIt.iTY C1JT RFPAiR CiiNTRACT 2001A desiguafed as PCo,jec[ iv'o• (s) FW53-Of0*3017604(� & PSSS-070580175390, a cnFy af evhich is hereto attached, referrod t� and made a part heteoi as fully an�' to thc ss�ccne extent as if copleti at length here��, such �roj�ct and con5trucLian being heCeitlAfter refan•ed to as the "work”. NOW TFiEREF4RE, ihe condit.ian qf this obligation is such that, iF th� Princtpal sha11 �ron�ptly make paytnent to all claintants as detined in Chapter 2253, Texas Ciavernrnent Codc, supplying labar ujd materza�s in the Frosecucion af the work provided for in said Contracc, tklen this ob1igation shall be. nult xnc� void, otherwise it shall remain in fui! force rind af%cc, F10 THE I�vNi7 tS MADF AN'D ENTERED into sofeiy for the protection of all claimants supplyin8 labor and mflterial ity the prosecutinn ot tl�e work provided far in said Contract, as claimants are dafinad in said Chapter 2253, and aiI SUCh C1ailnanLS shaS! havc a dfrect right of action under the bond as provide�i in Ciaapter 2253, Teaas Oovenunent Code. PRf�VtDED FC'ATHER, that if any tegai accion be filed upon this bond, ver.as shall lie in Tarrant County, Taxas, State of Texas, tt�at the saici Surety, for value received, hereby stipalat2� and agrees that no eE�angc, exter,si�n uf time, alteration or addition to the terms of the contract or to t3ie w•ork to ba per�onned there�tsder ar ilic specification accompanyin� tha same shaq 'sn any wise affect its obligation on tliis bond, and it dc�es hereEy waive notice of any such change, extensian of k[me, alteratien or addition to the t�m�s o� the cu�traet qr tn Lhe work to the s�ecifl�ations. PR4ViD�L� FLTRT�F.R, �hat na final settleinent oenveen the Chvner aud the Contractor shall abridge the right of any beua�iciary hcrcunder whosa claim shall be unsatiafied, jTi WITNESS WHEREOF, this instrument is exeauced in $ countzrparts, each one of which s.hall be deamed an ori�inal, this th� 2t�� day of FcbrttArv A.D,, 20A1, ATTE51': (Principa3) Secretary ��Itl'r SS �5 t0 Pl'ltlCi}7ai � � Address , A'i'TFST: „ Q (,�-., (Surcty) Sccretary (SFA L) � �. � � ,a�ess ss t �rety W�STN! CONSTRUCTION, �NC, PR1NC] �Y; � �,� Title: �` �`�'���� P4 BUX 201b CLEBURNE„ TX ?b031 (SE�L) (.�ddress} Atl.�tic A71ia� Fideli �. S�e Can�my Sur ' ` DY: . �.J```� � '�{Attor7ey-in-i'act (5) Jeanie Wil l i � 8000 Midlant Dr. ,Ste 410�N, .Mt. T� mP� 1�LT 08054 (Address) 8000 Midl antic Dr. � S�.te 410 N}�l[.a�el, I�IT C�0.5�'+ (Address) NOT�• �ate of Bond must not be prior to date of contract (1} Co�reccNameoPCantractor (Z) A. Gorpnracl�n, a Partclarstlip or an h�di�ridual, as casz may be (3) Correct natne of Surety (4) If contractor is Partncrship all Parblers should execute L�ond (5} A trve c�py oFYower of.Attox�ey shall be attached ta Bond 6y Atrosy�ey-in-Fact. - -'- - . '. - (Address� MAINTENANCE �QNi� :�� � • � � ��� • THE S'�ATF OF TEXAS § CQtJNTY OF TAR,R�,NT � KN�W RT.I. MEN HY THES� PRESENiS: hai (: j WES'iHI�LL CQNSTRUCTION, INC. as Yrincipal, act;ng herein bY and throu6h (2) �� _, .�._ at� ciu�v autharized and (3)Atlanti� A11iamP Fic�Plitv arr3..S�tj� oration arganized under the laws af the State of TEXAS, ag surety, do hereby acluiowled��'thcrnsclvcs to�be��d bound io pay unto the City of Fort Worth, A Iti117lliCiu�� CorpoCBtiotl, charterad by virtue of Cansti�ution and laws of tlze State of Texas, at Fort Worth, in 't'arrazit County, �'exas the sum of FOUR HUNDRE� THC3USAND AND NOl100.. _.� ............................. •",",",'•,�•,,"��... (5400.�00.00 in tawfiil money af th$ �lnitzd Stat�s, far the payment of which sum wcll and truly be tnede unro said City of Nort Wonh and its suecossors, s�id Cant��actor and surety do hereby bind theu�selves, their lieirs, �xecutdrs, admin+strators, assigFis and succassars, joincly and severally. 'i"his a�ligation is conditioned, however; tFtat, WHEREAS, the Principa! has entered into a e�rtain cont�act with qhe City o� Forc Wqrth, datcd the 20r� day oi Kebruaey. 2001, the performance of �e following described public work and the coustruction of the following dcscribed pub(ic improvements; UTlL1TY CU'T REP�IR C�NTRACT 200.�A a!t of same being refe�red co herein and in saici contract as the Work Eutd being dosignat:d as praject PiV53- p�p:�Q j7604U &!'a58-070.r+$0175390 qnd said «m�ract, ir,cluding alI uf the specificatiozss, c�nditions and writt�i� instrun�ents referred to t�hezein as contract doLamen�s bci�tg hereby Incotporated herein by ref`erence for �11 purposes and n�ade a part hereof, the same as iFset out verbatim haroin; �nd , WHEREAS, in said Gontract, Contractor 6inds itself to use sveh materials ar:d to sa construcc khe work that it witl re�nain u� goo3 repair and condition for and du►�i�ig ti�e ueri�d Une (i) Yesr after che d:,te oC thc finai acceptaraee oi che wark by the City; and WFiFREAS, �aid Cnntractor binds itsetf to maintain said work in goed repair anci canciitao.n �or said term of One IZ,Year; sr,d, WHERLAS; said Cantrac[or binds itself to repair or reconstruct chc work in wliole or in part a� anY time �ritliin said periaci, if in the opinion of tha Direckbr of the Vlater Department of die �ity of Fort Worilt, it be necessary;�ds WHfsiLLA.S, s� id Conlrr�ctor binds itsetf: upon recaivin� nokicc of the r�ee� tilerefor to repair �ar reconstruci said work as herein pravided. t�t�ci�'1�1� �j��,� 1;i ��'E�=;, � ��>� � � ;,� .,�,�> ��.�:�; �,� ,-�,,,�,�;,��,� Mount Laurel, NJ POWE� OF ATTORNEY No.936954 KNOW ALL MEN BY THESE PRESENTS: That Atlantic Alliance Fidelity and Surety Company, a corporation aganized and existing under the laws of the State of New Jerse}�> does hereby coi�stitute �nd appoint Jeanie Williams * Carolyn Brinegar its true and lawful attorney(s)-i��-fact to eaecate, seal aud deliver for and on its behalf as surety, any and a11 bonds and undertakings, contracts of indemnity and other writings obligatory in the �ature tl�ereof, �vhich are or may be allotved, required or permitted by law, statate, rule, regulatioi�, contract or otherwise. The execution of such instrument(s) in pursuance of tl�ese presents, shall be as binding upon the said Atlantic Alliance Fidelity and Surety Company as fully and amply, to all intei�ts a�d puiposes, as if the s2me had been duly executed and ackno�vledged by its regularly elected oiticers at the principal oftice. This Power of Attorney is executed and may be certified so, and may be revoked, pursuant to a��d by authoriry of Article N, Section 3 of the By-La�vs adopted by the Board of Directors of Atlantic Alliance Fidelity aud Surety Company �t a meeting held on the lOtl� day of November 1998. The Preside�t, or any Vice Preside�t, acting �vitli any Secretary or Assistant Secretary, shall have po�ver and authority: (1) To appoint Attorney(s)-in-fact, aud to authorize tl�em to execute o❑ behalf of the Company, a�d attach the Seal of the Company thereto, bonds and undertaki�gs, contracts of indemnity a��d otl�er ��a'itings obligatory in the nature thereof, and (2) To revoke, at any time, any such Attorney-in-fact and re��oke the autho�ily given. Forther, this po�ver of Attorney is signed and sealed by facsimile pmsuant to rzsolution �f the Board of Directors of said Company adopted at a meeting duly called aiid held on d�e IOth day of November 1998, of which the follo�ving is a u ue. excerpt: RESOLUED that the signature of airy authorized officer and the scal of the C��mpa��y may be aftlsed by facsimile to auy Power of Attorney or certification thereof authorizing the esecutio�� and delivery of any bond, undert�ine, contracts of indemnity and other �vritings obligatory in the �ature therof; a�d such signature and seal �vhen so used sl�all have the same force aud effect us though manuall�� af�xed. /PNo suRery \ .�+ � °o �4 °i � �I� Atlantic Alliance �� \��FASE`� �9�/ IN WITNESS �\'HEREOP, Adantic Alliance Fidelity and Surety Company has caused this ii�strument to be signed and its corporate seal to be afti,ced by its authorized officer, this 3rd day of Janua�y, 2000. ATL�vTIC ,4LLIANCE LITY AND SURETY COMPANY STATE OF NER' JER3EY County of Burlington j/„ /[/l Lars M. Anderson, President Ou tliis 3rd day of Jamiary 2000 before me came the individual who executed the preceding instrume�t, to me perso�ally known, and being by me duly sworn, said that he is the therein described and aathorized ofticer of the Atla�tic Allia�ce Fidelity and Surety Company; that the seal aftlsed to said instrume�t is the Coiporate Seal of said Company; that the said Coiporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. /QJ,EYJ. (O�\ ��TA9� +r —•— ,t A�/B 4�CJ \�FW JEF�y/ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the Adantic Alliance Fidelity and Surery Company oftices the day and year fiist above �vritte❑ DARLEY J. LOWE Notary Public of Ne�v Jersey My Commissian Espires October 13, 2003 I, Gail E. Latham, Secretary of the Atlantic Alliance Fidelity and Surety Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by ATLANTIC ALLIANCE FIDELITY AND SURETY COMPANY, �vhich is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand aud attactted the seal of said Company this day of iL(,CC����20 � � F� �p SURETy \.� � eo Gail E. Latham, Secretary �q t� j � y { WARNTNG: "This Power of Attorney is printed on safety paper with a blue background and red Atlantic Alliance sequential numbering o�� the upper right-han i er." ZF���� 9 j� . `�fRSE�' � ars M. Ande son, President If the obligee has any question on the validity of this Power of Attorney, please call the Atlantic Alliance Home Office for verification (800) 795-5508. PART G-CONTRACT THE STATE OF TEXAS � COUNTY OF TARR.ANT � � �. � `" �.� .. THIS CONTRACT, made and entered into the day of , 2001 by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter terined "OWNER", and WESTHILL CONSTRUCTION, INC.of the City of CLEBURNE, County of TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed "CONTRACTOR". WITNESSETH: That for and in consideration of the payinents 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: UTILITY CUT REPAIR CONTRACT 2001A And all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendent, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatoiy 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 tl�ereon, together with the Contractor's Written Proposal and the other parts of the Conh-act Docuinents 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. ��������CG��� �'�c�G�D �� o�ti- c��c�:: c�r�a�°� ��� ������������e1�� ���o The Conh•actor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to hiin, and to substantially complete saine within the time stated in the proposal. The Owner agrees to pay the contractor in current funds for the performance of the conh�act iu accoi•dance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all appr•oved modifcations thereof, and to make payment on account thei•eof as provided therein. IN WIT'NESS WHEREOF, the Parties to these presents have executed this Contract in 8 counterparts in the year and say first above written. City of Fort Worth, Texas (Owner) Party of the First part - j � �. ` � � BY: 6 - .� --,L., ,r..� ,.. ASST. City Manager WESTHILL CONSTRUCTION, INC. PO BOX 2016 CLEBURNE, , TX 76031 Contractor / By: � ���Z�� Title: ���Sf�4'�'� APPROVED: � a�=`�,�((� (�;�z� %---�'��:����� � �b: A. Douglas Rademaker, P.E. Director Department of Engineering cw CW ATTEST: � � .� _ ��� City ecretary '��/�-�� (Seal) WITNESSES: Approved as to Form and Legality: iC�r Asst. City Attorney � ���/ � — �d ��� t;ontract Authorization � � 02�� �� Date �����u����G���� G'��J ��D '`: u ��Ur S�C�� G���G��l �'�, ���4;`;���i_��1�G�9 ���o