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HomeMy WebLinkAboutContract 23231UNl'I': I 7CJ5 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR RECONSTRUCTION OF O,O•� t r 7 CHURCH ST. (HANDLEY DR. TO MILAM FILE NO. K-1421 ., WATER AND SEWER IMPROVEMENTS WATER PROJ. NO. PW53-060530174020 SEWER PROJ. NO. PS58-070580173440 CITY SECRETARY /al CONTRACT NO. DOE NO. 1089 �37 crni stePcrAtw IN THE CITY OF FORT WORTH, TEXAS 1997 ENGINEERING DEPARTMENT KEN BARR BOB TERRELL MAYOR CITY MANAGER HUGO MALANGA, P.E. DIRELIOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT LEE C BRADLEY, Jr., P.E. WATER DEPARTMENT DIRECTOR PREPARED BY L.T.S. DESIGN GROUP (A DIV. OF LEONARD TECHNICAL SERVICES, INC.) FORT WORTH, TEXAS OROCIQM 'RECTO ADDENDUM NO. 2 For RECONSTRUC'T'ION OF CHURCH STREET (Front Handley Dr. to Milant Street) Unit II May 28, 1997 DOE No. 1089 Prospective bidders are hereby notified of the following: 1. Pay Item No. 10: Replace 1 TON%with "13 TONS" and replace the item description with the following, "H.M.A.C. Pavement". 2. Pay Item No. 12: Replace 170 LF with "6260 LF". 3. Add Sheet P-S to unit 11 Proposal section. 4. Pay Item No. 22: Replace item description with the following, "Removal of Parapet Wall, and Construction of 17 L.F. of Special Curb at Box Culvert". S. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for- rendering the bid non-responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: A. Douglas Rademat,er, P.E., Director By By Rick Trioe, P.E., Manager Consultant Services { 1 This contract is issued by an organization which gvgfies�for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Faxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 1400 (Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within 16 _r __ Working Days from and after the date for commencing work as sot forth in the written Work Order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt.of notice of acceptance.of.this bid, the undersigned will exec;btc the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of ��� Dollars ($ 59 ) is to become the property of the City of Fort Worth,Texas. or the attached Bidder's Bond Is to be forfeited in the event the contract and bond are not executed within the time set forth, as a liquidated damages for delay and additional work caused thereby. 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 in pmparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) _l/� Addendum No. 4 (Initials) „ Respectfially submitted, < 13y: G, Address. s - �$t!� 7 4 (SEAL) Telephone: �1� �✓�7 7 r rT r P-5 e 1 I i ADDENDUM NO. 1 For I RECONSTRUCTION OF CHURCH STREET (From Fkadley Dr. to W&M StrWt} Hal P, 1997 I 1 I DOE No. 1009 This addendum forms p;�t of the contract documents tefercnced above and modifios the onginai contract documents and puns. Acknowlcdsc roccipt of this addendum by signina and Ming a copy to Frod Ehia at the Department of Engineering(8)7)871-7654,ttptN the rwcipt in the bid pv,posal and on the oulgr onvolope of your bid- `. 1. SPECIFICATICM 5 } 1ttll •1"° • 1� ' •11 t 'd c Iil "►, r °' >� ltem No. ]1 150 :. .Y, . Topsoil A •# i N' t ., 11 t r I N r _t 1 I1 •I;'A Receipt Aclutowlodge�;;ax copy to Frod%a at(817) $71,•7$�4� ADDEND r 1 Company: -- ... APP rovod,. Rick TOM P-5, ' I� er, CQn$utl�tit SeMGd6 i � , •,I t It t.• ' "' By: Date. �` fit { f• . ,. t ,; . , 1 6..Na.l...uruJ:.tiu!Ni.Y' ..0 r ,. ..,i�..rr+.tki1L�S.M W.... .. .•a+. -' nK t'rrP�rrMit"'' MAY-28-97 WED 11 :07 P. 02 ADDENDUM NO,2 For RECONSTRUCTION OF CHURCH STREET (Froat Handley Dr. to Milani Street) r Unit 11 I , may 25, 1997 DOE No. loss prospective bidders are hereby notified of the following: 1. pay Item No. 10: Replace 1 TON with "13 TONS" and replace the item j description with the following, "IMA.0 Pavcrocnt" 2, Pay Item No. 12: Replace 170 LF with "6260 LF". 3. Add Sheet p-S to Unit 11 proposal section, 4. pay Item No. 22: Replace atom description with the following, "Removal of parapet Wall, and Construction of 17 L.F, of Special Curb at Box Culvert". 5. All other provisions of the plans, specifications mid contract documents far the project which are not expressly amonded herein shall remaln in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for into the rendering the bid non-responsive. A signed copy of this addendum shall be plawcd proposal at the time of bid subr,°.ittal. RECEIPT ACKNOWLEDGED: $ A. Douglas Rademaker,Y.E.,Director gy v � By Rick Trico,Y,E.,Manager Consultant Services r i ` r This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within ._ 4 Working Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars 5% ) is to become the property of the City of Fort Worth,Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. 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 in preparation of the foregoing bid: Addendum No. 1 Initials Addendum No. 3 (Initials) Addendum No. 2 (Initials - Addendum No. 4 (Initials) Respectfully ubmitted, By: Address: (SEAL) r Telephone a Date: P-5 i R rr TABLE OF CONTENTS SECTION DESCRIPTION T&PW & WTR 1 1 Notice to Bidders 2 Comprehensive Notice to Bidders 3 Prevailing Wage Rates 4 Vendor Compliance With State Law UNIT I (WTR) 5 Special Instructions to Bidders 6 M/WBE Instructions for Bidders -Gold- 7 Proposal 8 Part C - General Conditions -Yellow- 9 Section C1 - Supplementary Conditions -Yellow- 10 Part D - Special Conditions -Green- 11 Part E - Specifications 12 Certificates of Insurance 13 Performance Bond 14 Payment Bond 15 Maintenance Bond 16 Part G-Contract TOC-1 TABLE OF CONTENTS (CONTINUED) a SECTION DESCRIPTION UNIT II (TPW) 17 Special Instructions to Bidders 18 MBE Special Instructions To Bidders -Gold- 19 Proposal 20 Special Provisions ' 21 Certificates Of Insurance ' 22 Performance Bond 25 Payment Bond 26 Part G - Contract 27 Laboratory Results TPW - Transportation and Public Works Department WTR - Water Department TOC-2 NOTICE TO BIDDERS Sealed proposals for the following: FOR: RECONSTRUCTION OF CHURCH ST. (HANDLEY DRIVE TO MILAM STREET) UNIT 1: WATER AND SEWER IMPROVEMENTS UNIT II: PAVEMENT AND DRAINAGE IMPROVEMENTS ' DOE #1089 ' Addressed to Mr. Bob Terrell, City manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., Thursday, June 5, 1997, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents will be provided for a doposit of$30.00. For additional information concerning this project, please contact Willie Leonard with L.T.S. at (817) 332-7913 or Fred Ehia, P.E. Project Manager at (817) 871-8424. ' Advertising Dates: May 8, 1997 ' May 15, 1997 O COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: Reconstruction of Church Street from Handley Drive to Milam Street UNIT I : Water and Sewer Improvements PW53-060530174020 PS58-070580173440 UNIT II : Pavement and Drainage Improvements Clll-020111-04-0433 ' Addressed to Mr. Bob Terrell, City Manager of Fort Worth, Texas will be received at the purchasing office until 1 : 30 P.M. , Thursday, June 5 , 1997 , and then publicly opened and read aloud ' at 2 : 00 P.M. Contract documents, including Plans and Specifications , may be obtained in the office of the Transportation and Public Works department of the City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102 . A deposit of thirty dollars ( $30 . 00 ) is required for the first set of documents, and additional sets may be purchased on a non-refundable basis for thirty dollars ($30 . 00) per set. All bidders will be required to comply with provision 5159a of "Vernon ' s Civil Statutes" of the State of Texas with respect to payment of prevailing wages, and City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 Through 13-A-29) , prohibiting discrimination in employment practices . Bid security is required in accordance with Paragraph 1 of the ' Special Instructions to Bidders . The major work will consist of the following: Unit I 1370 L.F. 8" Sanitary Sewer and 6 Standard Manholes 1823 L.F. 8" Water Line 4671 L.F. Temporary Pavement Repair f Unit II 7000 S.Y. 6" Reinforced Concrete Pavement 3300 S.F. 6" Reinforced Concrete Driveways 10000 S.F. Reinforced Concrete Sidewalks & Leadwalks Removal of a Parapet Wall on an Existing Bridge Culvert 1�; Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications . Prequalification Requirements for Water Department Work: The water and/or sanitary sewer improvements must be performed by a contractor who is prequalified by the Water Department at the time of bid opening. A general contractor who is not prequalified by the Water Department, must employ the services of a sub-contractor who is prequalified. The procedure for prequalification is outlined in Item 1 of the "Special Instructions to Bidders (Water Department) " . Bidders, shall , if applicable, identify on the last page of the proposal section, the prequalified sub-contractor who shall install the water and/or sanitary sewer facilities . Failure to list a sub-contractor who is prequalified by the 1 Water Department shall result in the rejection of the bid as non-responsive. The City Reserves the right to reject any and/or all bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids were opened. The award of contract , if made, will be within forty-nine (49) days after the opening of bids , but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract has been verified. SUBMISSION OF BIDS. The proposal sections of contract documents are arranged to allow the contractor to submit a bid on each individual proposal. This document is designed as two separate contract documents and proposals and shall not be constructed as being a package. The total low bid of each proposal is the ' apparent successful bidder. If the contractor only submits a bid on one proposal and is the lowest proposed price total , the contractor will be the apparent successful bidder for that t individual proposal . Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt . Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817 ) 871-7910 . Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. In accord with City of Fort Worth Ordinance No. 11923 , the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City Contracts . A copy of the Ordinance can be obtained from the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non- responsive. In addition, the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ( "Documentation" ) as appropriate. The Documentation must be received no later than 5 : 00 p.m. five ( 5 ) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. The Managing Department for this project is the Department of Engineering. For additional information concerning this project, please ' contact Willie Leonard of LTS at (817 ) 332-7913 or Mr. Fred Ehia, P.E. at (817) 871-8424 . ' BOB TERRELL ALICE CHURCH CITY MANAGER CITY SECRETARY Department of Engineering A. Douglas Rademaker, P.E . , Director _Rick Trice, P.E. , Manager Advertising Dates : May 8, 1997 May 15 , 1997 Fort Worth, Texas L CITY OF FORT WORTH HIGHWAY COM ;RUCTION PREVAILING WAGE RATE FOR 1995 Q,A.SSIFICATION RATE CA.SSIFICATION RATE POEED DQUI OPEtATOELS AIR TOOL OPERATOR $7.554 MILLING MACHINE OPERATOR $6.650 ASPHALT RAKER $8.565 MIXER (OVER 16 C.F.) $9.000 ASPHALT SHOVELER $8.255 MIXER (16 C.F. & LESS) $7.913 BATCHING PLANT WEIGHER $9.371 MIXER- CONCRETE PAVING $9.500 BATTERBOARD SETTER $8.920 MOTOR GRADER OPERATOR CARPENTER $9.447 (FINE GRADE) $10.346 CONCRETE FINISHER (PAV) $9.345 MOTOR GRADER OPERATOR $9.891 CONCRETE FINISHER (STRS) $9.058 PAVEMENT MARRING MACHINE $6.402 CONCRETE RUBBER $7.733 POSTHOLE DRILLER OPERATOR $9.000 ' ELECTRICIAN $12.761 ROLLER, STEEL K EEL FLAB $5.598 (PLANT-MIX PAVEMENTS) $8.339 FORE! BUILDER (SIRS) $8.717 ROLLER, STEEL Wes+ FORM LINER $8.913 (FLA741MEL OR TAMING) $7.963 ' FORM SETTER (PAY & CURB) $8.686 ROLLER, PNEL MTIC SELF- PRO $7.403 FORM SETTER (STRUCTURES) $8.427 SCRAPER- 17 C.Y. & LESS $8.138 LABORER, CCKI N $6.402 SCRAPER- OVER 17 C.Y. $8.205 LABORER, UTILITY $7.461 SIDE BOOM $7.793 MECHANIC $10.658 TRACTOR- CRAWLER TYPE OILER $8.698 (150 HP & LESS) $8.448 SERVICER $8.104 TRACTOR- CRAWLER TYPE PILEDRIVER $7.500 (OVER 150 HP)- $8.873 PIPE[AYER $8.509 TRACTOR -PfEUIATIC $7.735 BLASTER $11.333 TRAVELING MIXER $7.615 PCMR EQUIPMENT OPERATORS TRENCHING MACHINE-LIGHT $8.188 ASPHALT DISTRIBUTOR $8.404 TRENCHING MACHINE-HEAVY $12.498 ASPHALT PAVING MACHINE $9.053 WAGON-DRILL, BORING MACiIM 69.000 ' BROOM OR SWEEPER OPERATOR $7.908 REINFORCING STEEL SErM BULLDOZER, 150 HP OR LESS $8.703 (PAVING) $9.218 BULLDOZER, OVER 150 HP $9.160 REINFORCING STEEL SETTER ' CONCRETE PAVING CURING MACH. $8.213 (STRUCTURAL) $11.548 CONCRETE PAY FINISHING MACH. $9.453 STEEL WORKER-STRUCTURAL $16.300 CONCRETE PAVING FORM GRADER $8.500 SIGN ERECTOR $11.436 CONCRETE PAVING JOINT MACH. $9.042 SPREADER BOX OPERATOR $6.988 1 CONCRETE PAVING JOINT SEMA $7.350 BARRICADE SERVICER ZCIE WK. $6.402 CONCRETE PAVING FLOAT $7.875 MOUNTED SIGH INSTALLER CONCRETE,PAVING SAW $9.290 (PE F*A T (ROUND) $6.402 CONCRETE PAVING SPREADER $9.750 TRUCK DRIVER-SINGLE AXLE SLIPFORM MACHINE $9.000 (LIC4TT) $7.465 CRANE,CLAMSHELL, BAC HOLE, $9.000 TRUCK DRIVER-SINGLE AXLE DERRICK, DRAGLINE, SHOVEL (HEAVY) $8.067 (LESS THAN 1 1/2 CY) $9.513 TRUCK DRIVER-TANDEM AXLE CRANE,CLAMSHELL, BAS . (SEMI-TRAILER) $7.816 DERRICK, DRAGLINE, SHOVEL TR(KK DRIVER-L3iBOY/FLOAT $9.653 (1 1/2 CY & OVER) $10.517 TRUCK DRIVER-TRANSIT MIX $7.547 CRUSHING OR SCRNG PLT OPR. $9.500 TRUCK DRIVER-WINCH $8.200 E.EVAT I NG GRADER VIBRATOR OPERATOR $7.000 F Qi ATION DRILL OPERATOR WELDER $10.459 (CRAWLER MOUNTED) $10.000 FOUNDATION DRILL OPERATOR CITY OF FORT WORM ' HIG3w CON'IIifMON �. PREVAILING WAGE RATE FOR 1995 (TRUCK MOUNTED) $11.138 F RMTION DRILL OPR HELPER FRONT ENT WADER (2 1/2 CY OR LESS) $8.823 FRONT ENT WADER ' (OVER 2 1/2 Cr) $9.311 HOIST (DOUBLE DRUM & LESS) $8.917 1 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to ' the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of- state contractors whose corporate offices or principal place of business are ' outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable ' contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state -or non-resident bidders in order for your bid to meet ' specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. ' A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. ' Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. ET ' BIDDER: By ' Company (please print) PA �,n�--'A Signature: . z- City State Zip (please /print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION i m L UNIT I WATER & SANITARY SEWER rr SPECIAL INSTRUCTIONS TO BIDDERS 1. PREQUALIFICATION REQUIREMENTS. A current financial statement, an acceptable experience record, and an equipment schedule must be filed with the Director of the Water Department at least one week prior to the hour for opening bids. The financial statement required shall have been prepared by an independent certified public accountant or 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 no 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. Proposals submitted by a prospective bidder who has not fulfilled the above requirements shall be returned unopened. Prospective bidders whose qualifications are not deemed to be appropriate to the nature and/or magnitude of the project on which the bids are to be received will be notified before the date of the bid opening, and any proposals submitted by them shall be returned unopened. Liquid assets in the amount 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 firm seeking qualification in the work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be the sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment 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. ' 2. BID SECURITY. A cashier s check, or an acceptable bidder s bond, payable to the City of Fort Worth, in the 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 company shall be included on the current U.S. Treasury list of acceptable sureties, or (2) the surety company must have capital and surplus equal to ten times the limit on the bond. The surety company shall be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the U.S. 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 C3-3 7 0 0 4. WAGE RATES. Not less that 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. U5. AMBIGUITY: In the case of ambiguity or lack of clearness in statin g P rices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Contract Documents, or should the bidder be in doubt as to their meaning, the bidder should at ' once notify the Fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to ' include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. 7. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 8. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident s bid is lower that the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident `s principal place of business is located. ' "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 a 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. 9. PAYMENT: If the bid amount is less than $25,000, the contract amount shall be paid in one (1) lump sum upon completion and acceptance by the City of Fort Worth Water Department. 10. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, the Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or sub contractors, 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 k persons because of their age except on the basis of a Kona fide occupational qualification, retirement plan or statutory requirement. The 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 on a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor s and/or its subcontractors alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of the contract. ' 11. DISABILITY: In accordance with provisions of the Americans with Disabilities Act of 1990 ("ADA"), the 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 the availability, terms and/or conditions of employment for applicants for employment with, or employees of the Contractor or any of its subcontractors. The Contract warrants it will fully comply with ADA s provision and any other applicable federal, state, and local laws concerning disability and will defend, indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor s and/or its subcontractors alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this contract. 12. M/WBE. In accord with the City of Fort Worth Ordinance No. 11923, the City of Fort Worth has Goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with your bid. Failure to ' submit the completed AFFIDAVIT STATEMENT shall render your bid non-responsive. In addition, the M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM, and GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) City business days after the bid opening. Failure to comply shall render your bid non-responsive. Q of Fort Worth Minority and Women business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS _ (WTR) APPLICATION OF POLICY 1 POLICY STATEMENT It is the Policy of the City of Fort Worth to ensure the full and egWtaNe PaNcOation by M~Vamen Business Eastprises(MN BE)in the proaxament of an goods and services to the City on a cor*uduat bads. ' The objective of the Poky is to kum a the use of MNVBE finns to a Isvel conNwaWe to the availaWW of qualified WAWA which Provide goods and services directly or kx kectly to the City. ' . OOMBE PROJECT GOALS The Ckys MBENME n* mcxn goal on this projed Is 7 %of the total doNar vakn of the contract. COMPLIANCE TO BID SPECIFICATIONS ' On City contracts of $25.000 or mono. bidders are required to comply with the Intent of the City's U NVBE Ordinance by either of the following: ' 1. Most or exceed the above stated minimum MANGE goals,or; 2. Good Fakh Effort docrarnorntatloa,or; L Wahnr 140 rms I mailer. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable doccxnercts mW be received by the Managing Deparbn w t.within the following timmes akc ded, ' In order for the entire bid to be considered rospondvs to the specifications. 1. MNYBE Affidavit Statement received with the bid documents on bid opening date. ' 2 M&%W tlffmadon Forth: mcoiwd by 6:00 pm,five(6)City business days afbr bid owing. S. Prkne Contractor Waiver Fomx received by 6:00 pm,five(6)City busitM days aftr bid 1 • ova ' ,C Good Faith Effort Forth: received by GM pm,five(6Q CW business days after bid O"nkw Any questions,phase contact the WME 011ico at(817)071-410C ' PAV.msAs CIV of Fort Worth Minority and Women Business Enterprise Specifications Affidavit Statement Project Name: t� l—M� Project No.: ufZ- Aia, The undersigned bidder hereby certifies that they will comply with the City's M/WBE Ordinance and the specifications of this bid in the following manner: (dwelt taw most appr opch"numbw(sq THE M/WBE PARTICIPATION WILL MEET OR EXCEED THE STATED GOAL, WILT-COMPLETE THE M/WBE UTILIZATION FORM. 2._ THE MJWBE PARTICIPATION WILL BE LESS THAN THE STATED GOAL,WILL COMPLETE GOOD FAITH EFFORT FORM. 3._ NO MIWBE PARTICIPATION, WILL COMPLETE GOOD FAITH EFFORT. 4._ NO SUBCONTRACT OR SUPPLIER OPPORTUNITIES AVAILABLE,WILL COMPLETE WAIVER FORM. ftnaturs PrInW ftnature ' Thle Contact Name and TIt(e((f diffirsnt) ' Name Contact TeNPhone Numbers) T Address Fax Nuffietw 0� ' Cky/Stat&Mp Code Dab ' Rev.7116196 DEPT OF E I i G I N E E R I N G rG FW"P'agc I*'f'2 city of Fort Worth '�7 J0 12- ll Minority and Women Business Enterprise Specificatigni, MBEMBE UTILIZATION PRIME COMPANY NAME BID DATE -3 co 1-7 4b z- PROJECT NAME PROJECT NUMBER .......... .. ........... -u 01*111"", ...... . ... jPompany.:name Contact name,��.-,.-----.,-AABE:*:Q17;-.: Devf ....Ify .11 r.. v "40dress,andTeleph n4.44o.'.....-i'....�** ......... V 7 -7 5-�), i I&AIA > M 0 a::d��Ajr- 3z 3 7 L ffAcc"Ptab"w"ing agoncles.please ap"Ify: (NCTRCA)North Central Taxes Regional Cattficatlon Agency (n(DOT)Texas D*parbnwd of Transportation(Highway DIV1810n) (01 Orjy first and second tier acceptable MNVBE@ must be located In the 9(nine)county marketplace Or currently doing business In the marketplace at time of bld- THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 pm,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING Rev.7116196 ATTACHMENT 1A Pap 2 c12 City of Fort Worth r Minority and Women business Enterprise Specifications 1 . r MBEJWRE UTILIZATION L_. ---� company name,Contact name, MBE 4X Celt.(') Scope of Sp@Cify �411d( Address,and Telephone No WBE :Agency Work Tier( k� Amourtt C The bidder further agrees to provide, directly to the City upon request, complete and accurate Information regarding actual work performed by all subcontractors, including MBE(s)and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books,records and files held by their company that will sustantlate the actual work performed by r the MBE(s) and/or WBE(s) on this contract, by an authorized'ofFicer or employee of tyhe City. Any L willful misrepresentation will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for Intlating action under Federal, State or Local laws Cconcerning false statements. MBEs an MU BE CERTIFIED BY THE CITY EFO, 0 CT A ARD � .v aZle6 A orized Signature Company n Name Title Date Rev.7116M C ' ATTACHMENT I B C Page I of I CiV of Fort Worth Minority and Women Business Enterprise Specifications Prime Contractor Waiver El Prime Company Name Project Name /n acv 5­3—a 7 c(-0 zo Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT IC(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, N applicable. If the answer to elther question Is NO, then you mum complete ATTACHMENT 1C. This form Is only applicable If both answers are yes. Will you perform this entire contract without subcontractors? Yes L---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 aim 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 E 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 hold by their company that will substantiate the actual work performed by the MBE(s) and/or L VVBE(s) on this contract, by an authorised officer officer or omployoo of the City. Any willful misrepresentation will be grounds for terminating the contract or debammmi: from City work for a period of not less an three (3) years an7df Initiating action under Federal, SU l laws concerni Isarternents. L Addhotized SI ure Company Name Title Date Rev.7116196 L C - ATTACHMENT 1C Page 1 of 4 City of Fort Worth Minority and Women Business Enterprise C GOOD FAITH EFFORT Prime Company Name Bid Date Project Name Project Number ±pttlil!A7t1(e(lzttt s40C'�N9 : . j� �:Simc<;�;,'{;!:':�,'..o:.....f<-•:•.:b:::•:n::::v::t::: ..'YnYY;�R ..'�,'�.+>,.. .. ��{�/p�.,;�:;.,s..�:j•..�.3 .. .. ...;:: If the bidder's method of compliance with the JAMBE goals is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. r, Compliance with each Item, 1 thru 8 below, shall satisfy the Good Faith Effort Lrequirement absent proof of fraud, misrepresentation, or intentional discrimination by the bidder. C 1.) Please Hat each and every sum andfor supplier opportunity which will be used in the completion of this project,regardless of whether It Is to be provided by a Mf WBE or non- MMIBE. (Use additional sheets,if necessary) tList of: L L Rev.7n7r% r . . l : ATTACHMENT 1C Good Faith Effort l Page 2 of 4 l i) Did you obtain a current list of MANSE firms from the City's MANSE Office? The Hot Is Cconsidered In compliance If it Is less than 2 months old from the date of bid opening. Yes Date of Listing I I C No hJ yg6,. . 3.) Did you artend the Pre-Bid conference scheduled by the City? Yes Date of Pre-Bid I No NA(Pre-Bid not scheduled by City) Did you request bids from MIWBEs In attendance at the Pre-Bid conference? CYes MBE Company Contacted Person No NA(No MANBEs at Pre-Bid) 4.) Did you solicit bids from MANSE firms,within the subcontracting and/or supplier areas previously listed,on a timely basis by mail? Yes If yes,attach MANSE mail listing and daW copy of letter mailed. No 6.) Did you solicit bids from MANSE finns,within the subcontracting and/or supplier areas previously listed,one basis by telephone? Yes If yes.attach Ilst to Include nam of MANSE firm,pomm contacted, No phone number and datik of contact. L 6.) Did you solicit bids from l AANSE firths,within the subcontractlng and/or supplier areas previously listed, on a timely basis by advertisement in local newspaper(s)? Yes If yes,attach copy(s)of advertisement,with date(s). [ No NOTE: "On a Timely Basis" Is considered ten days prior to bid opening. Rev.7117196 3 l - _ ATTACHMENT 1C Good Faith Effort Page S of 4 74 Did you provide plans and specNcations to potential MNVBEs or Information regarding the location of plans and specifications In order to assist the MIWBEs. Yes No 8.) If MIWBE bids were received and rejected,you must(1)list the AAMBE firms and the reason(s) for rejection(Le.,qualifications,quotation not commercially reasonable,etc.)and(2)attach documentation to support the reason(s)listed below(i.e»letters,memos,bids,telephone calls, meetings,eta) Please use additional sheets,If necessary,and attach. Company Address Telephone Contact Scope of Specff Reason for ' Name Person Work MBE WBE Rejection L l_ ww.71171re l _ ATTACHMENT. CHMENT 1C Good Faith Effort Page 4 of C Please provide additional Information you feel will further explain your good and honest efforts to obtain MIVVBE participation on this project. C t The bidder further agrees to provide, directly to the City upon reques% complete and accurate Information regarding actual work performed on this contract, the payment therefore and any Proposed changes to the original arangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any willful misrepresentation will be grounds for terming work.fora thug the contract or debarment from City period of not less than three (3)years and for Initiating action under Federal, State or MLocal laws concerning false statements. The undersigned certifies that the Information provided and the MMIBE(s) listed was/were contacted in good faith. It is understood that any MANSE(*) listed In Attachment 1C will be contacted and the reasons for not using them will be verified by the City's MANBE Office. Authorized Signature Printed Signature TNe contact Name and Title(if different) Company Name Telephone Number(s) L Address Fax Number L . City/Statamp Date Rev.7M 7M ( THIS PROPOSAL MUST NOT BE REMOVED FROM THIS BOOK OF CONTRACT DOCUMENTS ) Fort Worth, Tex s Date - 1997 To: BOB TERRELL, CITY MANAGER CITY OF FORT WORTH, TEXAS FOR: UNIT 1: WATER AND SEWER IMPROVEMENTS FOR CHURCH ST. (HANDLEY DR. TO MILAM STREET) PROJECT NO. PW53-060530174020 & PS58-070580173440 ' Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications, General Contract Documents and Ger_eral Specifications for the Water 1 Department and the site, understands the amount of work to be done and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Public Works Director of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performances and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: PAY ESTIMATED DESCRIPTION OF THE ITEM WITH UNIT AMOUNT ITEM QUANTITY BID PRICES IN WORDS PRICE BID 1. 1843 L.F. 8 - Inch Water Pipe /? Dollars ' and Z C/v Cents Per L.F. $ $ 2. 36 L.F. Bore, Jack or Tunnel, 8" D.I.P. (D-29) with Pressure Grout around Casing Pipe e;a/, 7V Dollars and `�: e Cents Per L.F. I� P-1 WTR l� PAY ESTIMATED DESCRIPTION OF THE ITEM WITH UNIT AMOUNT ITEM QUANTITY BID PRICES IN WORDS PRICE BID 3. 36 L.F. 18" Dia. Stainless Steel Casing (D-30) TL1je-.k1 - i x Dollars and Cents Per L.F. $ $-- • 4. 4 EA. Remove & Salvage Exist. Fireydant (D-33) /� 17un le Dollars and zel o Cents I Per EA. $ 5. 1 EA. Fireydrant.Relo�atio (As Directed) ' -i r veE 17017 4t Dollars and z-('f-o Cents S ,5-00 S jG o- 6. 4 EA. Standard Fire H,,Yydrant, Y-6" , ury ������P Dollars and ?era Cents Per EA. S S , L) 7. 5 V.F. Barrel Extens�'on Fp r Fire Hydrant Go e l671le d Dollars and z c e-0 Cents Per V.F. S /GD $ 8. 40 L.F. 6 - Inch W a er Ptp� (F.H. Lead) Z�Lez2�� 5�� Dollars and 2�CrU Cents I Per L.F. S 9. 9 EA. 8 - Inch Gate Vale w//Box ' ,ei�h zv a�j'F Dollars and Z er/o Cents Per EA. $ 56o 57.% 10. 4 EA. 6 - Inch Gate Valve w/ Box 71 e CDollars and a Cents Per EA. S 10 S<2 PAY ESTIMATED DESCRIPTION OF THE ITEM WITH UNIT AMOUNT ITEM QUANTITY BID PRICES IN WORDS PRICE BID 11. 2.3 TONS Cast�Jron Fit ti gs (1343)s Dollars and ZP� a Cents Per TON S 0 S �JU. 12. 20 L.F. 3/4 Inch Copper Service t �eer1 Dollars and Z e✓'� Cents Per L.F. S S �. 13. 261 L.F. 1 Inch aut feopp�r Service ' e 0 Dollars and Z Y t-e-- Cents Per L.F. S /�r/ S.3(��/ - 14. 10 L.F. 1-1/2 Inch Copper Service, as Directed by Engineer / ez�lleer? Dollars and 7 e r-6 Cents Per L.F. S Z3 $ , 15. 10 L.F. 2 Inch Copper Service, as Directed by Engineer, ?� 'e' /V Dollars and Z e d Cents Per L.F. S,20 S 20 16. 19 EA. 1 Inch e-q/Service T p ( -45) r Dollars and Zell-0 Cents tPer EA. S20, S G 7. C. 17. 1 EA. 1-1/2 Inch Service Tap, as Directed by En J�neer / /�✓fie li t'ac�&'a Dollars and �.<>t b Cents Per EA. S _ vim S 18. 1 EA. 2 Inch Service Tap, as Directed by Engineer , A21N err ol fl r1v Dollars and Cents Per E.A. S S 3 P - 3 WTR PAY ESTIMATED DESCRIPTION OF THE ITEM WITH UNIT AMOUNT ITEM QUANTITY BID PRICES IN WORDS PRICE BID 19. 3 EA. Relocate-eter Box s L� l>�r��i� Dollars and Ze✓v Cents Per Each $ /U& S _?o v. 20. 19 EA. Meter Box R placenenj�, Class "A" 4c v© c /,7 Dollars and /"y Cents Per Each $s"0 D $ C)G' • ' 21. 1 L.S. T,_mporary 2" S Vice frvd is01f Dollars and -z era Cents ' Per Lump Sum 6 S)4 ce . 22. 1828 L.F. Temp. Pavement Repair (D-46) _(,'v e_- Dollars and Cents Per L.F. S S 23. 15 L.F. Permanent Pave ent Repair, Per FIG. 2 ewe' Dollars and "F t1ro Cents Per L.F. S'­10 S 24. 5 C.Y. T "E" Concrete as directed b Engineer ' Type Y g Se✓e/7/ Dollars and 6.1 Per C.Y. S 7,1'- S._�l5✓. 25. 5 C.Y. Crushed Limestone as directed by Engineer Dollars and Cents Per C.Y. S 6. _ S i:?_5-. P - 4WTR i I L..I PAY ESTIMATED DESCRIPTION OF ITEM WITH UNIT AMOUNT ITEM QUANTITY BID PRICES IN WORDS PRICE BID 26. 20 L.F. Trench Safety System, 5-10 Feet Deep as Directed by Engineer Dollars and Cents SUB-TOTAL AMOUNT BID FOR WATER FACILITIES S Note: Contractor to indicate type of pipe material in water pipe bid. All pipe to meet applicable; AWWA Standards. 4" PVC (SDR-35) 4" Ductile Iron (Class 51 Poly Wrapped) 6" PVC (SDR-35) 6" Ductile Iron (Class 51 Poly Wrapped) 8" PVC (SRD-35) 8" Ductile Iron (Class 51 Poly Wrapped) P - 5WTR SEWER FACILITIES L PAY ESTIMATED DESCRIPTION OF THE ITEM WITH UNIT AMOUNT ITEM QUANTITY BID PRICES IN WORDS PRICE BID 1. 22 L.F. 6" S.S. Pipe, O'-6' Depth &e/1 Xl e Dollars and rrr: Cents Per L.F. S_ S 2 0'- 6'De th 1084 L.F. 8" San Sewe>�ipe,, p V Dollars and e✓U Cents Per L.F. 3. 36 L.F. 8" D.I.P. San Sewer Pipe, 0'- 6'Depth ' -M,' e/117/1 Dollars and 1,7 e Cents Per L.F. S L S 1436 I 4. 182 L.F. 8;' San. ewer (6' -8 epth) e c Dollars and Cents _ Per L.F. 5. 37 L.F. 8" D� P. S Sewer Pipe, 6'- 8'Depth tv /, 711z�Q Dollars and Cents Per L.F. S S 6. 4 EA. Remoj'e ExistA Di . S. M.H. �h Dollars and Z ero Cents Per EA. S U?J $ 1 o o 7. 5 EA. Prop. 4' ia. S.S.M. ' it"rr.421010 Iu e Dollars and Cents Per EA. S /' O S �;-5-66 8. 5 V.F. Additional De th o er 6' � Dollar and 7_ c C Cents Per V.F. S / Z S il' P-6 SEWER f LJ PAY ESTIMATED DESCRIPTION OF THE ITEM WITH UNIT AMOUNT ITEM QUANTITY RID PRICES IN WORDS PRICE BID 9. 24 EA. " San. Sew r Ta s� ��ni _(� � l� f f Dollars and Cents Per EA. S /. D S4 10. 660 L.F. 4" San. Sew r Services ► X 7ee 0 Dollars and ze✓ Cents Per L.F. S 11. 36 L.F. Bore, Jack or Tunnel, 8" D.I.P. (D-29 & D-30) ' With Pressure Grout e' V Dollars and J 1r Cents Per L.F. S 5�'2ffc' 12. 1375 L.F. Temp. Pavement Repair (D-46) t ► X Dollars and Zr to Cents Per L.F. S _ a 13. 5 C.Y. Type "E" Concrete, as Directed By Engineer / t ve t2 t►� 4 VL Dollars and 2. iU Cents Per C.Y. S T S-321- 14. 5 C.Y. T "B" Concrete, as Directed b Y� Y Engineer Dollars and Cents Per C.Y. S7 SE'S' 15. 5 C.Y. Crushed Limestone, as Directed by Engineer �A} / �V' Dollars and ; ► Cents Per C.Y. S_�L_ S JS ( P-7 SEWER PAY ESTIMATED DESCRIPTION OF THE ITEM WITH UNIT AMOUNT ITEM QUANTITY BID PRICES IN WORDS PRICE BID 16. 5 EA Vacuum Testing of Sanitary Sewer Manh les �.� Dollars and F r0 Cents s Per Each $ -0 $ 7 5_62 17. 1375 L.F. Post-Construction Television Inspection of Sanitary Sewer Lines -hA;C Dollars and 2 E✓c Cents I Per L.F. $ , $ 18. 182 L.F. Pre-Construction Video-Taping I of Surface�onditions, See Plan Sheet 8 for Details /tee Dollars and -Z e r v Cents Per L.F. 19. 615 L.F. Trench Safety System, 5'-10' Deep 0,-i e- Dollars and Cents Per L.F. $ $ SUB-TOTAL AMOUNT BID FOR � SEWER FACILITIES $ L0 TOTAL AMOUNT BASE BID FOR ' WATER AND SEWER FACILITIES $ od 3,0 Note: Check Pipe Material and list Manufacturer used for Sewer Pipe PIPE MANUFACTURER PVC SDR-35 (Per E1-25) PVC PS-46 (Per E1-27) PVC Composite (Per E1-24) PVC Corrugated (Per E1-31) P-8 SEWER This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales,Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, 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 complying with State Comptroller's ruling #95-0.07. Any such exemption certificate issued by the Contractor in Lieu of the tax shall be subject to the provisions of the State comptroller's ruling #95-0.09 as amended to effective October 2, 1968. 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 applicant to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these Contract Documents within 45 working days from and after the date for commencing work as set forth in the written Work Order to be issued by Owner, and to pay not less than the "Prevailing Wage Rates for Streets, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract . The attached deposit check in the sum of Dollars (S ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be for- feited in the event he contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. P-9 WTR T�r c Complete A or B, as applic-ible: ( )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 that resident bidders by state law. A copy of the statue is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. [ )B. The principal place of business of our company or our parent company of majority owner is in the State of Texas. Receipt is acknowledged of the following addenda: I Addendum No. 1 Addendum No. 2 Addendum No. 3 I Respectfully submitted, (SEAL) If Bidder is Corporation By: Title: Address: NOTE: Do not detach bid forms from other papers. Fill in with ink and submit complete with ' attached papers. P-10 WTR PART C `- GENERAL CONDITIONS j `.I TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF'CONTENTS Cl-1 DEFINITIONS C1-1. 1 Definition of Terms C1-1' (1) C1-1. 2 Contract Documents C1-1 (1 ) C1-1. 3 Notice to Bidders C1-1 , (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) C1-1.6 General Conditions C1-1 (2) 1 C1-1. 7 Special Conditions C1-1 (2 ) C1-1.8 Specifications C1-1 ` (2) ' C1-1.9 Bond C1-1 (2) C1-1.10 Contract C1-1 (3 ) C1-1.11 Plans C1-1 (3 ) C1-1.12 City C1-1 (3 ) C1-1.13 City Council C1-1 (3 ) C1-1.14 Mayor C1-1 (3 ) C1-1.15 City Manager Cl-1 (3) C1-1,, 16 City Attorney Cl-1 ` (3 ) C1-1.17 Director of Public Works C1-1 (4 ) C1-1.18 Director, City Water Department Cl-1 (4 ) C1-1. 19 Engineer CI-1 (4 ) C1-1.`20 Contractor ' , x; , o ,�.:,,z..r=:., C1-1 (4 ) C1-1.21 Sureties C1-1 (4 ) C1 1. 22 The Work or Project C1-1 (4 ) C1-1.23 Working Day C1-1 ( 4 ) C1 1.24 Calendar Day C1-1 (4 ) C1-1. 25 Legal Holiday C1-1 (4 ) C1-1. 26 Abbreviations C1-1 (5 ) C1-1. 27 Change Order C1-1 (6 ) C1-1. 28 Paved Streets and Alleys C1-1 (6 ) ' C1-1. 29 Unpaved Streets and Alleys C1-1 (6 ) C1-1. 30 City Streets C1-1 (6 ) C1-1. 31 Roadway C1-1 (6 ) C1-1. 32 Gravel Street C1-1 (6 ) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL L. C2-2. 1 Proposal Form C2-2 (1 ) C2-2. 2 Interpretation of Quantities C2-2 (1 ) C2-2 . 3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3 ) C2-2.5 Rejection of Proposals C2-2 (3 ) C2-2. 6 Bid Security C2-2 (3 ) L . (1) C2-2.7 . Delivery of Proposal C2-2 (4) C2-2:8 Withdraw.ing. Proposals C2-2 (4) C2-2.9 Telegraphic. ,Modification of Proposals C2-2 (4) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2. 11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (5) C3-3 AWARD AND EXECUTION OF DOCUMENTS' C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3 (1) C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (2) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (4) ' C3-3.9 Failure to Execute Contract C3-3 (4) C3-3.10 Beginning Work C3-3 (4 ) C3-3.11 Insurance C3-3 (4) C3-3.:12 Contractor 's Obligations C3-3 (7 ) I C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor 's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8 ) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4. 2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operations C4-4 (3) C4-4. 7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4 ) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) I C5-5. 2 Conformity with Plans C5-5 (1) C5-5. 3 Coordination of Contract Documents C5-5 (2) C5-5. 4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3 ) C5-5.6 Field Office C5-5 (3 ) C5-5.7 Construction Stakes C5-5 (3 ) C5-5.8 Authority and Duties of Inspectors C5-5 (4 ) C5-5.9 Inspection C5-5 (5 ) C5-5. 10 Removal of Defective and Unauthorized Work C5-5 (5 ) C5-5. 11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6 ) C5-5.13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and Utilities C5-5 (7) C5-5.15 interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8 ) C5-5. 17 Cleanup C5-5 (8 ) C5-5 . 18 Final Inspection C5-5 ( 9 ) (2 ) C6-6 ` ''` LEGAL RELATIONS AND PUBLIC •RESP1y1N91BIUTY' ' C6=6.1 Laws to be Observed ' ' ' C6-�6 f`(1)' C6-.6*fZ Permits and Licenses rd-', r, " {' ` C6 L) C6-63 Patented Devices, Materials and Processes' C6-6 C6-6.4 Sanitary Provisions C64 C6-6.5 Public Safety and Convenienc4 C6-4-,(2) C6-6.�6 Privileges of Contractor in' Spree' `s, Alleys, and Right-of-Way C6-6 (3). C6-6.7 Railway Crossings C6-6 "(4) C6-6.8 Barricades, Warnings and Watchmen C6-6 '(4) C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5) C6-6.10 Work Within Easements C6-6 (6 ) C6-6. 11 Independent Contractor C6-6 (8 ) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (8 ) C6-6.13 Contractor 's Claim for Damages C6-6 (10) ' C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) ' C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor's Responsibility for Work C6-6 (11 ) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6.20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1 ) C7-7.2 Assignment of Contract C7-7 (1 ) C7-7.3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of Operations C7-7 (2 ) C7-7.5 Character of Workman and Equipment C7-7 (2 ) C7-7.6 Work Schedule C7-7 (3 ) C7-7. 7 Time of Commencement and Completion C7-7 (4 ) C7-7.8 Extension of time of Completion. C7-7 (4 ) ' C7-7.9 Delays C7-7 (4 ) C7-7.10 Time of Completion C7-7 (5 ) C7-7.11 Suspension by Court Order C7-7 (6 ) C7-7.12 Temporary Suspension C7-7 (6 ) C7-7. 13 Termination of Contract due to National Emergency C7-7 ( 7 ) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7 ) C7-7.15 Fulfillment of Contract C7-7 (9 ) C7-7.16 Termination for Convenience of the Onwer C7-7 ( 10 ) C7-7.17 Safety Methods and Practices C7-7 (13 ) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8. 2 Unit Prices C8-8 ( 1) ( 3 ) C8-8. 3 Lump Sum C8-8 (1) r C8-8. 4 Scope ,of. Payment C8-8 C8-8.5 Partial Estimates and Retainage C8-8 (2') C8-8.6 . Withholding Payment C8-8 , 0) C8-8.7 Final Acceptance C8-8 0) ` C8-8.8 Final Payment C8-8 (3') C8-8.9 Adquacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (5 ) C8-8.12 Miscellaneous Placement of Material C8-8 (5 ) C8-8.13 Record Documents C8-8 (5) (4 ) L O a PART C - GENERAL +CONDITIONS C1-1 DEFINITIONS SECTION Cl-1 DEFINITIONS C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract Documents the ollowing terms or pronouns in place of them are used , the intent and meaning shall be understood 'and interpreted as follows: C1-1. 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , ' bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General .Contract Documents and the Special Contract Documents. ' a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL I (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary. Yellow (Developer) ' Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White ' b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 (1 ) C C1 1 . 3i.NOT,ICE TO BIDDERS : All of the legal publications (" either actually published in public advertising mediums or L furnished direct to interested parties pertaining to the work contemplated under the Contract V0cUmeAt&. ..c,QA,0titutes 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. Cl -1 . 5 BIDDER: Any person , persons, firm, partnership, company, association, corporation, acting 'd'ire'etl'y 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. „ z { 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 ) L i faithful performance of the. contract and include tiie following: a. Performance Bond (see paragraph :C.3-P3.1) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1. 10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. ' 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. 1 C1 -1 . 13 CITY COUNCIL : The duly elected and qualified governing 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 r of the City o Fort Worth, referred to in the Charter as the L 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 , I company, firm, association, or corporation , entering into contract with the Owner for the execution of the work, acting I 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, ,fQx.„;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 Ell 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 observed as prescribed by the City Council of the City of Fort Worth for v observance by City employees as follows : L Cl-1 (4 ) L O , 1. New ,Yearls Day January 1 2. M. L. Ring, Jr. Birthday. Third Monday ,in January 3. Memorial Day Last-Aonda.V_ ;n.,Aay 4. Independence Day July 4 5. Labor :Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November , 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is ' declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those ' employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. 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 - Million Gallons Per State Highway Transportation Day - Officials ASCE American Society of Civil CPS - Cubic Foot per Engineers Second LAW _ In Accordance With ASTM American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum ' Association R - Radius - ASA American Standards Association I.D. Inside Diameter HI - Hydraulic Institute O. D. - Outside Diameter - Asph. Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI _ Cast Iron In. - Inch CL Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D. I . - Ductile Iron C1-1 (5 ) c 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 -IncIuded 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 one of the following types of wearing surfaces applied over the natural unimproved surface: 1:., Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment , not including an oiled surface , with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate-base-material. 5. Any combination of the above. C1-1 . 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys. " C1-1 . 30 CITY STREETS: A city street is defined as that area i between the right-of-way lines as the street is dedicated. C1-1 . 31 ROADWAY: The roadway is defined as the area between ' parallel lines two ( 2 ' ) feet back of the curb lines or Four ( 4 ' ) feet back of the average edge of pavement where no curb exists. 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. L Cl-1 (6 ) I L SECTION C GENERAL 2CONDITIONS C2-23INTERPRETATION Akb PREPARATIONOF.. PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2. 1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder ' s general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a"formal ' contract. The Owner will furnish -forms for -the Bidder ' s "Experience Record, " "Equipment Schedule, " and "Financial Statement," all of which must be properly executed and filed ' with the. Director of the City Water Department one week prior to the hour for opening of bids. 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 tt'an one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten ( 10% ) percent of the estimated project cost will be required. ' For an experience record to be considered to be acceptable for a given project , it must reflect the experience of the firm ' seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five ( 5 ) years prior to the date on which are to be received . The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be fur nished as may be listed in the proposal m C2-2(1) L forms .or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of - comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual , quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided , without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constituteall of the information which the Owner will furnish. All additional information and data which ' the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just ' as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents , to visit the site of the project and examine carefully all local conditions , to inform themselves,, by their„ own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project . They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal . No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda ' thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates , investigation , research , tests , explorations, and other data which are necessary for full and complete information upon t: 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 ) L O 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 must be signed by him (her) or his (her) duly authorized eagent. ' 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 seaus be affixed. :. �. ;. Power of Attorney authorizin agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2. 5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of---words or figures, additions not ' called for , conditional or uncalled for alternate bids, incomplete bids, erasures , or irregularities of any kind, or contain unbalance value of any items . Proposal tendered or ' delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2 . 6 BID SECURITY: No proposal will be considered unless it is accompanie y a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal . " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of 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 ) L C2-2 . 7 DELIVERY OF PROPOSAL: No pr,Qposal will be, considered unless it is delivere , ' accompani'ed„ b.y. its , p.ro,per. ,Bid Security, to the City Manager or his 'representative in the official place of business as set fo.rtt�� a,�ame "Notio,e to Bidders . " It is the Bidder' s sole responsibiiity to deriver the proposal at the proper time, to the,_.proper place. The .mere fact that : a proposal was dispatched -will not be considered. The Bidder must have the proposal actually delivered. ;Each proposal shall be in a sealed envelope plainly, marked with the word "PROPOSAL, " and the name or description of the project as designated in the "Notice to Bidders. " the envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2 . 8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior ' to the time set for I 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 I 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. C2-269 TELEGRAPHIC MODIFICATION 4OPO,6,i4LSSz,* b Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time . If such confirmation is not received within forty-eight (48 ) hours after the proposal opening time , no further consideration will be given to the proposal. ' C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders. " All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions , alterations of form, additions , or conditions not called for , unauthorized alternate bids, or irregularities of any kind . However , the L C2-2( 4 ) L 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 DIS UALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , ' but not limited to, the following reason: a. Reasons for believing that collusion exists among ' bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. ' C. The bidder being interested 'in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against ' the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. ' e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule , and such inquiries as-the...,nwner..;-mays.Sae..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. 1 C2-2(5 ) f f _ _ O a PART C GENERAL' CONDYTIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities' shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum ' items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the. Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to ;f proceed with the work in any manner ,.aa. Ukaybe...considered for the best interest of the Owner. C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner , upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees , upon request by Owner , to allow and audit and/or an ' examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements ; further , any such misrepresentation may be grounds for 4' 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 ) :I'y 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 appi,,,pant , 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 withholdf.inal action on the proposals for a reasonable time , not to exceed forty-five ( 45 ) days after the date of opening I proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The `Award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 . 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids , the Owner may, at its discretion , return the proposal security which accompanied the proposals which , in its judgment, would not be considered for the award . All other proposal securities, usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3 . 7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND : A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the full and faithful execution of the G work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor , or improper execution of the work or the use of inferior materials . This performance C3-3 (2 ) bond' shall guarantee the payment 1br 4• abor - materials equ'ip'ment; suppl`ies ,` .and "ser'v`iceis' 'us'e'd' in the construction of `the 'work, and 'shall remain - in full force and effect until .�provislons as above ' stipulated' are accomplished,,,and, 1 ,nsl'';paym6rit" is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of' n�ot 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 w o r k provided b e i n g 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 Fy these Contract Documents shall be furnished by the Contractor. ' No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas , and which is acceptable to the owner . In order to be acceptable, the name of the surety shall be included on the current U . S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3 ) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety . or sureties , as required, have qualified and .have been accepted by ,the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds <byv, the,owne .; f 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 on 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 ,exercute,,Aaid; 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 I 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 ' f C3-3 (4 ) L certificate of .insurance for ;approval. The prime` ntractor shall:. Indicate '-6n the certificate of insurance ,Included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention., of .the ,Owner -,that the insurance coverage required herein shall include the coverage rn .. .L ..rip.. ..4:We.•/.sNMYdMKA.d.... ., of all sub-contractors. a`. COMPENSATION INSURANCE: _ The, Contraptor shall maintain, during the life of this .."o,ntract , Workers ' Compensation Insurance on a,l,l of his employees to be engaged in work • on the project under this contract, and for all s,ub-contractors. In case any class of employees engaged. in ,hazardous work on the project under this contract is not protected under the Workers ' Compensati�on ;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 shal ,maintain during the, life of this contract Contractor ' s Comprehensive General Liability Insurance, (Public Liability and Property Damage Insurance) in an amount not less than $ 500 , 000 covering each occurrence on account of bodilx.J,1J* ncluding death, and in an amount riot Tess 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 L 1 performed adjacent to same) . 4. Damage to underground utilities f_or .$500, 000. C3-3 (5 ) L 5. Builder's risk (where above-ground structtdr66' are involved) . 6. Contractual Liability ( covers'' $11''`` indemnification requirements .ref ,Contract)'. # d. AUTOMOBILE INSURANCE - BODILY INJURY,AND PROPERTY DAMAGE: The Contractor shall procure and ma nta n, ur i ng the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $ 250 , 000 for in'jurie's 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 I not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The neurance required under the above paragraphs shall I ,provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by `the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountored Aa,the, .performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor ' shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . ( Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub- contractor , should the Prime Contractor ' s insurance not cover the sub-contractor' s work operations. q. 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 ) I City of. Fort Worth, Tarrant County;, Te,xas . . . Each such agent shall be a duly qualified,, one, whom service of process may ;be had,,: and, must, ,bave authority and power t,oat� q „„behf ;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 projg9t,.04 b% furnished to the Owner' s representative within seven ( 7 ) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract . Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. ' C3-3 . 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person , persons , partnership, company , firm , association , corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth- Dallas metropolitan area . The Contractor shall charge, delegate , or assign this office ( or he may delegate his Project Superintendent ) with full authority to transact all business actions required in the performance of the Contract . This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other I C3-3 ( 7 ) matter associated such as maintaining adequate and appropriate f insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor ' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification ' of the Contractor ' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract I 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 I authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may, at his sole discretion , stop all work until a new local authority satisfactory to the Engineer-, is --assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3 -3 . 15 VENUE : Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8 ) I L PART C ' GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish , all in full compliance with , the requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or ' special work as may be considered by the Owner`as 'necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in ' these Contract Documents, furnish all labor, tools, materials, machinery, equipment , special services , and incidentals necessary to the prosecution and completion of the project. C4-4 . 2 SPECIAL PROVISIONS : Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should ,there _be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents Just as though they were originally written therein. C4-4 . 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves ' the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal ; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work. " No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 ( 1 ) waiving or invalidating 'any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories , shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. [" C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the L Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the, work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do, not materially alter the original Contract Documents or change the general nature of the project as a whole. Such, changes shall not be ' considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4 .5 EXTRA WORK: Additional work made necessary by changes ' and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however , that before any extra work, is be�un� a,,"Change Order" shall be executed or written order issued Vy the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of ( 1 ) labor, ( 2 ) rental of equipment used on the extra work for the time so ' used at Associated General Contractors of America current equipment rental rates ; ( 3 ) materials entering permanently into the project, and ( 4 ) actual cost of insurance , bonds , and social security as determined by the Owner , plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in ( 1 ) , ( 2 ) , ( 3 ) , and ( 4 ) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 ( 2 ) O O suggested by the Owner and shall give -the Owne.r access to all accounts , bills , vouohers:, ; and records relating to the':`Extra Work. IM No "Change Order" shall 'become effective until f i`t has been approved and signed by each of the Contracting parties. PM No claim for Extra Work of any kind,.wi,ll be all unless ordered in writing by the Owner . In case any .oiders or instructions, either oral or written, appear .to the Contractor to involve Extra Work for which he should . rece, ,ve compensation, he shall make written request to .the' Engineer for written orders authorizing such Extra Work, prior to beginning such work. ' Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof , and the ' Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method ( Item C ) . Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five ( 5 ) days before the time for making the first estimate after such work is done and unless the claim is suppQr ed, by, ..s.atisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. ' The compensation agreed upon for ' extra work' whether or not iniitiated by a 'change order ' shall be a full , complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known , unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost , or any other effect on changed or unchanged work as a result or the change or extra work. C4-4 . 6 SCHEDULE OF OPERATIONS : Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner ' s approval thereof , a "Schedule of Operations , " showing by a straight line method the date of commencing and finishing each of the major elements of the contract . There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There C4-4 ( 3 ) shall be pres ,nted also ``a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES : Within ten ( 10 ) days prior to submission of first monthly progress payment , the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities ( including procurement of materials, plans, and ' equipment ) and the contemplated dates for completing the same . The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work ' progresses , the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer . The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer . Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor ' s understanding of the contract .requirements. The following guidelines shall be adhered to in preparing ' the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints , sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen ( 14 ) days and construction values not to exceed $ 50 , 000 . Fabrication , delivery and submittal activities are exceptions to this guideline. C4-4 ( 4 ) C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount - of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not, for the exclusive use or benefit of either the Contractor ' or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. ' The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14 ) days duration. For each general category, the construction-schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts , the construction schedule shall indicate the following procurements , construction and preacceptance activities and events in their logical sequence for equipment and materials. ' 1 . Preparation and transmittal of submittals. 2. Submittal .review periods. 3 . Shop fabrication and delivery. 4 . Erection or installation. 5 . Transmittal of manufacturer ' s operation and maintenance instructions. 6 . Installed equipment and materials testing. 7 . Owner' s operator instruction ( if. applicable) . 8 . Final inspection. C4-4 ( 5 ) 9 . Operational testing. !: 10. Final inspection. If , in the opinion of the Owner , work accomplished falls behind that scheduled , the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable , he may require the Contractor to increase the work force, the construction ' plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. Y C4-4 ( 6 ) PART C - GENERAL CONDITIONS, C5-5 CONTROL OF WORK AND MATERIALS ,.,., r..<,, „ VTM 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, mut:_al 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, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. IL C5-5 . 2 CONFORMITY WITH PLANS: The finished project in all of c ases shall conform with in - 1 es , 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 apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may ' be deemed necessary for the fulfillment of the intent of the Contract Documents . In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a ' conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract- Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer , his inspector , and other Contractors in every possible way. The Contractor shall at all times have competent personnel I available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent , English-speaking superintendent and an assistant who are fully authorized to act as the Contractor ' s agent on the work . Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner , the Engineer , or his authorized representatives . Pursuant to this responsibility of the Contractor , the Contractor shall designate in writing to the project superintendent, to act as the Contractor ' s agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2 ) 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 prop,erty.,gontiguous 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 shalxl direct attention to the discrepant condition and request the'"Con ractor to take remedial action to correct the condition . In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours , the City may take such remedial action with City forces or by contract . The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25% , from any funds due the Contractor on the project. ' C5-5 . 6 FIELD OFFICE: The Contractor shall provide, at no extra compensation , an adequate field office for use of the Engineer , if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed,, well heated , air conditioned , lighted, and weather-proof , so that documents will not be damaged by the elements. L C5-5 . 7 CONSTRUCTION STAKES : The City, through its Engineer, will furnish the Contractor with all lines , grades , and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents , and lines , grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. C C5-5 ( 3 ) L L These stakes or markings shall be set sufficiently "in, advance of construction operations to avoid delay . SOGh stakes`' or markings as may be established for-=the Contractor 's use or 11 guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or' removed by the Contractor or any of his employees , the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5 -5 . 8 AUTHORITY AND DUTIES OF CITY INSPECTORS : City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to 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 ,.i:,nfringements . Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials 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. L C5-5 (4 ) L a C5-5 . 9- INSPECTION: The Contractor :,shal,l;,,furnish the.}Engineer with every reasonable .facility for ascertaining whethepclor',, not the work as performed is in acc.ordat-9e ► t e .requI 'ements r of the Contract Documents . If ,,the . Engineer so requests, the Contractor shall, at any time before acceptance ,of the work, remove, or uncover such portion of, the finished work as.;may, be directed. After examination, the. Contractor shall restore said portions of the work to the standard required , by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or . making good of the parts removed shall be paid for as extra work, but ' should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the ' Contractor ' s expense. No work shall be done or materials used without suitable supervision or inspection. C5-5 . 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials , or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on . theAaxeept as herein specifically provided, or 'any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner . Work so done may be ordered removed at the Contractor ' s expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost ' thereof may be deducted from any money due or to become due to the Contractor . Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5 - 5 . 11 SUBSTITUTE MATERIALS OR EQUIPMENT : If the Specifications , law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute , he shall, prior to the preconstruction conference , make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed C5-5 (5 ) L C substitute from that specified and indicating available maintenance service . No substitute shall be ordered or installed without the written ,approval of-'�Hnglneer 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. I 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 I 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 be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not , without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. ' In case of concrete , the aggregates , design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete , using samples from the same aggregate , cement, and mortar which are to be used later in the concrete. Should the source of supply change , new tests shall be made prior to the use of the new materials. C5-5 . 13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the C5-5 (6 ) ground, and ,shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5 . 14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Qmission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains , water mains, conduits , sewer lines and service lines for all utilities , etc . , is unknown to the Owner , and the ' Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for ' additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances . The Contractor shall take all necessary precautions in order to protect all existing utilities , structures and service lines . Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight ' (48) hours in advance of construction including exploratory excavation if necessary . All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor , at least 24 hours in advance, shall be required to: 1. Notify the Water Department ' s Distribution Division as to location, time , and schedule of service interruption. L LC5-5 (7 ) l 2. Notify each customer personally through responsible personnel as to time nnd `schedule of the interruption of their`-ff6T'0td& `or L 3. In the event that personal notification of a customer cannot be made, a prepared tag', form shall be attached to the customer' s entrance door knob . The tag shall be durable in composition, and in large bold type shall say. 7 "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" 'x ` . Address Phone b. Emergency: In the event that an unforeseen service interruption occurs , notice shall be as above,but immediate. C5-5 . 16 MUTUAL RESPONSIBILITY OF CONTRACTORS : If , through acts or neglect on the part of the Contractor , any other ' Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor , who shall indemnify and save harmless the Owner against any such claim. C5-5 . 17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer . Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer , if the Contractor fails to correct the C5-5 (8 ) L unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in -=the -written notice, and the costs of such direct action, plus 25% of such costs , shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents , and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials , temporary structures, and debris of every kind. He ' shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The ' Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean , polished and new appearing condition . No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5 . 18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract-Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council . No time charge will be made against the Contractor between said date ' of notification of the Engineer and the date of final inspection of the work. I C5-5 (9 ) E __ . i l l a 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 indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however , that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design , type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner , and to hold the Contractor harmless on account ` of such suits. l� C6-6 (1 ) L C6-6 . 4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such.,regulations. regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the,.creation of a nuisance about the work on any property either public or .private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation , shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor . All such facilities shall be kept in a clean 'and sanitary condition, ' free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. ' C6-6 . 5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at=:,a11 ,.; .ianes, x-11 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 I 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 ) a gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect .on the part. of the ,Cont.ractor as regards to public convenience and safety which may-come to its attention, after - twenty-four houra,,,n© -4,ce ,4n .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 l� become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, ' and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus . The Contractor shall promptly notify the Fire ' Department Headquarters when all such obstructed streets , alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams , his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the ' Engineer a written statement showing all such claims adjusted. C6-6 . 6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract , the Contractor will be permitted to use and occupy such portions of the public streets and alleys , or other public places or other rights-of-way as provided for in the ordinances of the City , as shown in the Contract Documents , or as may be specifically authorized in writing by the Engineer . A reasonable amount of tools , materials , and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations . Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be C6-6 (3 ) L carried on in such manner as ' not 'to interfere with the l operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for d1T'J6trpos'es11�,required by the contract , enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work . Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6 . 7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed , the Contractor shall ,observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public . Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties . The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. s,x,ga, , eNr rm�o.,•<ca°y•rye-fir..ri =-a. C6-6 . 8 BARRICADES WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street , alley , or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades , fences , lights and danger signals , shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish ' and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways" , codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27 , 29 , 30 and 31. C6-6 (4 ) 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 ids `ddtd'rmiWe& 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"'a 6 rk t'h'e Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor ' s own expense . The Contractor ' s responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation , except as specifically provided in these ' Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades , signs , fences , and lights or for salaries of watchmen , for the subsequent removal and disposal of such barricades , signs , or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6 . 9 USE OF EXPLOSIVES , DROP WEIGHT, ETC. : Should the Contractor elect to use explosives, drop weight, etc . , in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property . The Contractor shall notify the proper representative of any public service corporation , any company , individual , or utility, and the Owner , not less than twenty-four hours in 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 psrm'i'£ted`'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 (1OY 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 al`l t" ite"s " r 'la.w"vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6 . 10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the ' Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City . The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer . Unless specifically provided otherwise , the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations . The Contractor shall be responsible for the preservation of and shall use C6-6 (6 ) O a every precaution to prevent damage to all trees , shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to"aT1"`water '°',tewer, 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 6kdd6f16h`µ'6f"thd''work, or in consequence of the non-execution thereof on the part of the Contractor , he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the owner , or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight , and/or at all times to prevent livestock from entering the construction area. The cost for fence removal , temporary closures and replacement shall be subsidiary to the various items bid in the project C6-6 (7 ) L proposal . Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results , proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6 . 11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that Contractor shall perform all work I 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 I 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 s. 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 I character , whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees , whether or not caused , in whole or in part , by alleged negligence on the part of officers , agents , servants , employees , contractors, subcontractors, licensees and invitees of the Owner ; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers agents, servants and employees for property damage or loss , and/or personal injuries , including death, to any and all persons of whatsoever kind or character , whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor , its officers , agents employees , contractors , subcontractors, licensees and invitees , whether or not caused, C6-6 ( 8 ) in whole or in part, by alleged negligence of officers, agents, servants , employees, contractors, subcontractors , licensees or invitees of the Owner. . Contractor , -likewise covenants and agrees to, and does hereby;""tnde'rtifi`fy 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 Contract'6' f` 'ihy'66'"deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor ' against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims , and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made . If condition (2 ) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made . At the C6-6 (9 ) expiration of the six. month period the Director may recommend that .final payment be made if .- all other , work -,has' been performed and all other obligations of , the Contractor: have been met to the satisfaction of the Director. The Director may, if he deems it 'appropriate, refuse toaccept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6 . 13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner , he shall within three days after the actual sustaining of such alleged :°damage, make a ' written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage :is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor ' s claim for compensation shall be waived, and he shah not be entitled to payment on account of such damages. C6-6 . 14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC. : i In case it is necessary to change , move , or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making ' such changes or repairs to their property that may be necessary by the performance of this contract. C6-6 . 15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall , at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers , and for this purpose he shall provide and maintain , at his own cost and expense , adequate pumping facilities and temporary outlets or diversions. The Contractor , at his own cost and expense, shall construct such ,trou hs pipes , or other structures necessary, and be g P P Y. prepared at all times to dispose of drainage and sewage C6-6 ( 10 ) f received from these temporary connections until such times as the permanent Connections are built and are in servi'oe. , ',Th'e existing sewers and connections shall be kept n service `and maintained under the Contract , except when ,spec`ifi`ed or ordered to be abandoned by the Engineer. A11 water, 'sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6 . 16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use 'City water in connection with any construction work, he shall make Complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main . All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor ' s responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1. 2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the `"water, "tie charges, if any, for water will be at the regular established rates. When meters are not used , the charges , if any , will be as prescribed by the City Ordinance , or where no ordinance applies , payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6 . 17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in ' the opinion of the Engineer , any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer , and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents . All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor , shall be performed by the Contractor at his own expense. C6-6 . 18 CONTRACTOR ' S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part 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 I 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 i Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20 . 04 ( H) of the Texas Limited Sales , excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of ' the tax, said exemption certificate to comply with State Comptroller ' s Ruling . 007 . Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller' s Ruling . 011 , and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas limited Sales , Excise , and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. C6-6 (12 ) O Limited Sale, Excise and Use Tax permits and information can be obtained from: Pq Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 (13 ) f f I I I I I L OPART 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 super intendance, 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 th,- 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,:,. ,,,,,Th,4!k „q.pn: ac,to,r„ shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights , title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, ' to any person or persons , partnership , company , firm, or corporation , or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state , attempt to dispose of the contract may, at the option of the Owner be revoked and annulled , unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7 . 3 PROSECUTION OF THE WORK : Prior to beginning any construction operation , the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of 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 n6t"d6nst1t`tt6"'a° change in the contract time. C7-7 . 4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require ' the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7 . 5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators , may be imported only after the local supply is exhausted . The Contractor shall employ only such superintendents , foremen , and workmen who are careful , competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner , shall misconduct himself or by found to be incompetent , disrespectful , intemperate , dishonest , or C7-7 ( 2 ) L O 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- ,, such person or persons shall not bp '_e,n Qyed, again' thereon without written consent of the Engineer. All workmen shall have sufficient skill , ability, and experience to properly perform the work assigned to `them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of ' progress . All equipment , tools , and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7 . 6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as 'defined in Cl-1 . 23 "WORKING DAY" or the d4tq ,.syti,pglated ip' the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays , providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later ' than the proceeding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer , essential to the timely completion of the project. The Engineer ' s decision shalt be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1. 24 and the Contractor may work as he so desires. L LC7-7 ( 3 ) C7-7 . 7 TIME OF COMMENCEMENT AND COMPLETION:. The. Contract�ir specified in the Contract Documents`Waons within the t,3 rk shall commence the working operations p rid' ° �"�'fai��h �`in .the Work Order. Failure to do so shall' be considered by 'the owner as abandonment of the Contract by the Contractor and "the ;Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and, such extension of time as may be properly authorized by the Owner. C7-7 . 8 EXTENSION OF TIME COMPLETION: The Contractor' s request ' for an extension of time of completion shall be considered only when the request for such extension is submitted in ' writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval . In adjusting the contract time for completion of work , consideration will be given to unforseeable causes beyond the w" control of and without the f"ain't"-,6f'"'n6'41 gence of the Contractor, including but limited to acts of the public enemy, acts of the Owner , fire , flood , tornadoes , epidemics , quarantine restrictions, strikes, freight embargoes , or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be ' considered only when a review of the Contractor ' s purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7 . 9 DELAYS : The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material , if C7-7 ( 4 ) a F1, any, which is to be furnished .by .the City. When such, extra compensation is' claimed a written statement thereo£ be presented by the Contractor -to the Engineer and by `him found correct shall ' be approved andefe`r" "e" '°`him to-' the i Council for final approval or disapproval; and the action thereon by the Council shall be f inal and binding. If' delay is caused by specific orders given `by 'the Engineers;-°to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work , then ' such delay will entitle the Contractor to an equivalent extension' of time, his application for which shall, however, be subject to the approval, of' the City Council; and no such extension of time shall release the ' Contractor or the surety on his performance ..bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7 . 10 TIME OF COMPLETION: The time of completion is an essential element of the contract. • Each bidder shall indicate" in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require ` to fully complete this contract or the time of completion will be specified by the City in the Proposal `section of the a contract documents. �s mrtr!z�,-:h.a�,1. �^i�i't'-4;�. kacec•� The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents , or the increased time granted by the Owner , or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents , will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT n Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45. 00 $ 15,001 to $ 25,000 inclusive $ 63 .00 $ 25,001 to $ 50, 000 inclusive $ 105 .00 $ 50,001 to $ 100,000 inclusive $ 154. 00 $ 100,001 to $ 500, 000 inclusive $ 210. 00 C7-7 (5 ) L $ 500,001 to $1,000,000 inclusive $ 315.00 $18000,001 - to $2,000,000 - inclusive $ 420.00 $2,,000,001 and over 630.00 The parties hereto understand and agreethat any harm to the City paused by the Contractor 's delay in completing the work hereunder in . the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that the "Amount of Liquidated Damages Per Day" , as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7 . 11 SUSPENSION BY COURT . ORDER: T,he Contractor shall ' suspend .operations on such part or parts of the work ordered by any court , and will not be entitled to additional compensation by virtue of such court order . Neither will he be liable to the City in the event the work is suspended by a Court Order . Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. P C7-7 . 12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may, deem-necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7 . 8 EXTENSION OF THE TIME OF COMPLETION , and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6 ) Othat construction may be resumed. . Such reimbursement shall be based tin actual cost to the Contractor of 'moving the equipment and no' profit! will be allowed. .. "e i ^p xk Bf"d•-:r».+:.R°r$,MhAail4.rr:.. No reimbursement shalt be allowed if the equipment is moved to another construction project for the City of Fort, wort}z. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7. 13. TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: ' Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the ' necessary labor , materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months , the Contractor shall within seven days notify the City in writing;' giving a detailed statement of the efforts which have been made and listing all necessary items of labor , materials , and equipment not obtainable . If , after investigations, the Owner finds that such conditions existing and that the inability of the Qgntr, tor s � uroceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days , the Contractor may request the Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final .settlement mutually acceptable to 'both the Owner and the Contractor and final payment shalt be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to , the payment for all work executed but no anticipate: profits on work which has not been performed. C7-7. 14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good aril sufficient cause. The following , 13y way of :example, but not t-) E limitation , may be considered gr. Dunds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the owner . L C7-7 ( 7 ) L b, Substantial evidence that progress of the work opera tions b Contract y or is i'nsufficient ;.to complete the work within the-spe�cif editime. c. Failure of the .Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. ' f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to ' comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by'th'e°°'EftgtMe#'r"or--the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has ' made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor ' s Sureties . When work is suspended for any cause or causes , or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option , assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written ,C ( 8 ) consent of the Owner , sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all , within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents . The Sureties , in such event shall assume the Contractor ' s place in all respects , and shall be paid by the Pr Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses , subject to all of the terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities , or that portion thereof which the Owner has ordered by the Co-tractor to discontinue, then the Owner shall ' have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials , plants , tools , equipment, supplies , and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor_ of said contract expense for labor, materials , tools , equipment , and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under_ and by virtue of the Contract or any part thereof . The Owner shall not be required to obtain the lowest bid for the work completing the contract , but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor , then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section , the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with performance of the work by the Owner. C7 -7 . 15 FULFILLMENT OF CONTRACT : The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have C7-7 ( 9 ) L 6 been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole , or from time to time in part , in accordance with this section , whenever the Owner shall determine that such termination is in the best interest of the Owner . Any such termination shall be effected by mailing a notice of t termination to the Contractor specifying the extent to which performance of work under the contract is terminated , and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further , it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in. .any ,claim, .demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of term nation, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials , services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 4 3. terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times , and to the extent , if any, directed by the Engineer: L C7-7 (10 ) L a. the fabricated or unfabricated parts , work in process , completed work , supplies and other material produced as a part "of, or, qi ireadhxin connection with the performance of , the work terminated by the notice of termination; and b. the completed, or partially completed plans, drawings, information and other property which , if the contract had been completed , would have been required to be furnished to the Owner. 5. complete performance of such part of the work ' as shall not have been terminated by the notice of termination; and ' 6. take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later„ t.lj?, n � p d. s after the termination date specified in the notice of termination , the Contractor_ may submit to the Engineer a list , certified as to quantity and guality , of any or all items of termination inventory not previously disposed of , exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter , the Owner shall accept title to such items provided, that the list submitted shall be ' subject to verification by the Engineer upon removal of the items or , if the items are stored , within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after notice of termination , the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer_ . Unless one or more extensions in writing are granted by the Owner upon request of the Contractor , made in writing within such 60-day period or authorized extension thereof , any and all such claims wall be conclusively deemei C7-7 ( 11 ) L D. AMOUNTS : Sub ject , to "the provisions of Item C7-7.16(C) the Contractor 'and owner may agree upon the whole or any .part of' the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto ; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated . The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall,,-.be due for lost or anticipated profits , Nothing in C7-7 . 16 ( E ) hereafter, prescribing the amount to be paid to the Contractor in the event , of failure of the ' Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner-to agree as provided in C7-7 . 16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, f 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 I amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS : In arriving at the amount due the ' contractor under this section , there shall be deducted ( a ) all unliquidated advance or other payments on account theretofore made to the Contractor , applicable to the terminated portion of this contract; ( b) any claim which the Owner may have against the Contractor in connection with this contract ; and ( c ) the agreed price for , or the proceeds of sale of , any materials , supplies or other things kept by the Contractor or sold , pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT : If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract , the Contractor may file with the Engineer a request in writing for an C7-7 (12 ) equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the- portion ,not terminated by the notice of termination ) , such equitable adjustment as may be agreed upon shall be made in such price or prices ; nothing contained herein , however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract ' under C7-7 . 14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. 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 ) I` i i i i s i i E _ . _ E E 6 L OPART C; - GENERAL CONDITTQNS C8-8 MEASUREMENT 'AND PAYN*NT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8 . 1 MEASUREMENT OF QUANTITIES : The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will ' be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents , numbers, and weights of the materials and items installed. C8-8 . 2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures , cleanup, finished, overhead expense, bond, insurance, patent fees, royalties , risk due to the elements and other causes , delays , profits , injuries, damages claims , taxes , and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. ' C8-8 . 3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor , tools , materials , machinery, equipment, appurtenances , and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8 . 4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor , tools , materials , and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements , for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 ( 1 ) C C before its final acceptance by the Owner, (except as provided in paragraph C5-5 . 14 ) for all risks of whatever description connected with the prosecution of the``°Work, 'for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified , or any and all -infringements of patents , trademarks, copyrights , or other legal reservations, and for completeing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects , which defects , imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole ju`fl'g`c "'`o'f ' 'S"u`ch 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 period under the Contract Documents . Not later than the 10th day of the I 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, 908 of such estimated sum will be paid to the Contractor if the total contract amount is less than $400 , 000 , or 958 of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25 ) days after the regular estimate period. The City will have the option of preparing estimates on Forms furnished by the City . The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the the time of the estimate have not been installed. ( such payment will be allowed on a basis of 858 of the net invoice value thereof . ) The Contractor shall furnish the Engineer such information as he may request to aid C8-8 ( 2 ) L 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 -I 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 the right to withhold the payment of any monthly estimate if the contractor fails to perform the work ' strictly in accordance with the specifications or provisions of this contract. C8-8 . 6 WITHHOLDING PAYMENT : Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the 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 payment 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 have been deducted or retained under the provisions of the Contract Documents , will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council , provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons , firms , associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for I personal injury and/or property damages. The acceptance by the Contractor of the last or final payment I as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or, otY`d±" °"rWg1T 'rements of the Contract Documents which specifically continue thereafter. C8-8 . 9 ADEQUACY OF DESIGN: It is understood that the Owner i believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents . It is , therefore, agreed that the Owner shall be responsible for the adequacy of its own design features , sufficiency of the Contract Documents , the safety of the structure , and the practicability of the ' operations of the completed project , provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof , and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8 . 10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship . The Contractor shall remedy any defects or damages in the work and C8-8 ( 4 ) O pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outline . The Owner will give notice of observed defects with reasonable promptness. C8-8 . 11 SUBSIDIARY WORK : Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans , the General Contract Documents or these Special Contract Documents, in which no ' specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for ' each bid item. Surface restoration , rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8 . 12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed bX the Engineer , depending on field conditions . Payment for miscellaneous placement of material will be made for only that amount of material used , measured to the nearest one-tenth unit . Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. C8-8 . 13 RECORD DOCUMENTS : Contractor shall keep on record a copy of all specifications , plans , addenda, modifications , ' shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process . These shall be delivered to Engineer upon completion of the work. C8-8 ( 5 ) L I I f f I I t l l r c SECTION Cl SUPPLEMENTARY CONDITIONS L TO SECTION C ■ 4� 1 C i i i SECTION C1: SUPPLEMENTARY CONDITIONS TO SECTION C A. General These Supplementary Conditions amend or supplement the General �j Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. Paragraph C3-3 .2 should be deleted in its entirety and replaced with the following: ' Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a ' Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examina- tion of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating ' in City work for a period of time of not less than three (3) years. C. Part C - General Conditions: C3-3 .7 Bonds, the paragraph after subparagraph d. Change the paragraph to read as follows: "No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties {Circular 8701 , or (2) the surety must have capital and surplus e4ual to ten -1- L times the amount of the bond. The surety ust be licensed c ensed 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 reinsur- ance must be authorized, accredited or trusteed to do business in Texas. " D. Section C8-8. 5 should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contrac- tor or prepared by the City on the 5th day and 20th day ' of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated " into the work as a ermanent p part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts or less than $400,000 at the time of execution, retainage shall be ten per cent (10%) . ' For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%) . Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contrac- tor's failure to make the required payments to subcon- tractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake -2- in any previous estimate. Payment- of any partial pay Owner of the amount of work done or of its quality or f sufficiency or- as an acceptance of the work done; nor shall same release the Contractor of any of its responsi- bilities under the Contract Documents. The City reserves the right to withhold the a ent P Ym of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this con- etract. E. Part C - General Conditions: Paragraph C3-3 . 11: Delete ' subparagraph a. F. Part C - general Conditions: Paragraph C3-3 . 11: Delete ' subparagraph g. EASEC-C -3- r� PART D - SPECIAL CONDITIONS TABLE OF CONTENTS D4 General D-2 Interpretation and Preparation of Proposal D-3 Addenda '. D-4 Bonds (City Let Projects) D-5 Prosecution and Progress D-6 Project Designation s D-7 Equal Employment Provisions D-8 Disadvantaged Business Enterprise D-9 Right to Audit D-10 Pre-Construction Conference D-11 Coordination Meetings D-12 Project Signs D-13 Copies of Plans and Specifications Furnished CD-14 Construction Schedule and Sequencing of Work D-15 City Furnished Materials D-16 Wage Rates D-17 Worker's Compensation Insurance D-18 Easements and Permits D-19 During the Construction of this Project D-20 Coordination with Fort Worth Water Department D-21 Crossing of Existing Utilities D-22 Existing Utilities D-23 Traffic Control D-24 Crushed Limestone Backfill ' D-25 2:27 Concrete D-26 Trench Excavation, Backfill, and Compaction D-27 Pavement Repair (E2-19) D-28 Trench Safety System for Water Department Projects Only L D-29 Boring Under Existing Utilities and Pavement D-30 Casing Pipe L D-31 Sanitary Sewer Manholes D-32 Sanitary Sewer Services D-33 Removal, Salvage, and Abandonment of Existing Facilities L D-34 Detectable Warning Tapes D-35 Television Inspection of Sanitary Sewer Lines to be Abandoned D-36 Pre-construction Video Taping of Surface Conditions D-37 post-Construction Television Inspection of Sanitary Sewer Lines D-38 Vacuum Testing of Sanitary Sewer Manholes D-39 Barricades, Warnings and Flagmen D-40 Disposal of Spoil/Fill Material D-41 Temporary Erosion, Sediment, and Water Pollution Control D-42 Samples and Quality Control Testing F 1_ t_ PART D - SPECIAL CONDITIONS TABLE OF CONTENTS (CONTINUED) D-43 Water Pipe and Fittings D-44 Sewer Pipe and Fittings D-45 Copper Water Service Lines and Fittings D-46 Temporary Pavement Repair D-47 Manhole Inserts D-48 Engineer Review of Internal Television Tape D-49 Locking Manhole Covers C C L_ L I I_ (� PART D - SPECIAL CONDITIONS I D-1 GENERAL: Subject to modifications a:; herein contained, the Fort Worth Waw Department's General Contract Documents and General Specifications, effectively July 19 1978, with the latest revisions are made a part of the Contract Documents for this project. The Plans, Special Conditions, and Provision 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, Pei forrnanee, Quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by a 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 General Specifications The following Special Conditions shall be applicable to this project and shall govern over r any conflicts with the General Documents under the provisions stated above. D-2 TI�TERPRETATION AND PREPARATION OF PROPOSA : Part C - General Conditions, Section C2-2, INTERPRETATION 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 descriot,on of the moiect^ 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 sa 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 so for the opening of proposals. After all proposals Page 1 1. F guested for non-consideration are ;ed and publicly read aloud the proposals for . req � P Y P Po which non-consideration requests have been properly filed =, at the option of the COwner, be returned unopened. C2-2.9 7ELEGRAPIEC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours altar the proposal opening time, no further consideration will be given to the proposal. D-3 ADDENDA: Bidders who desire further information, interpretation or clarification of the Contract Documents must make their request in writing to Leonard Technical Services, Inc., at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Contract Documents, or should he be in doubt as to their meaning, he should at once notify Leonard Technical Services, Inc., in order that a written-addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by Leonard Technical Services, Inc., prior to 24 hours of the opening of bids with the appropriate recognition of addenda so noted in the bid proposal. D4 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City Let Projects) make the following deletions: Pg. C3-3 (3); paragraph C3-3.7a--Other Bonds: On the sixth line of the paragraph beginning No sureties . . . delete the words the City of Fort Worth. Pg. C3-3 (6); paragraph C3-3.1 Is—Local Agent for Insurance and Bonding: Delete the ( entire sub-paragraph. L D-S PROSFI'i1T1ON AND PROGRESS: L Part C-Gencral Conditions, Section C7-7—Prosecution and Progress: Add the following new paragraph: I C7-7.18 Delays: The Contractor shall receive no compensation for delays or hindrances l._.. to the work, except when direct and unavoidable extra cost to the Contractor is caused by the'failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if, by him, found LPage 2 L L- correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contactor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of this contract. D-6 PROJECT DESIGNATION: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project Designation: Sewer Project No. PS58-070580401070 DOE #600 1 D-7 EQUAL EMPLOYMENT PROVISIOT'S: The Contactor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employment practices. (P' The Contractor shall post the required notice to that effect on the project site, and, at his { request, will be provided assistance by the City of Fort, Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. D-8 DISADVANTAGED BUST_NS'4S ENT R_PRISF: Reference Part C (General Conditions), Section C3-3.2 titled, 'MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE The words "Minority Business Enterprise (MBE)" and 'Woman-Owned Business Enterprise (WBE)", have been consolidated as Disadvantaged Business Enterprise. D-9 RIGHT-TO-AUDIT: Part C-General Conditions, Section C8-8, MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: Right u i • L (a) The Contractor agrees that the City shall, until the expiration of three (3) years • after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of C_ the Contractor involving transactions relating to this contact. The Contractor agrees that the City shall have access during normal working hours to all necessary Contactor facilities and shall be provided adequate and appropriate LPage 3 i ; work space in order to conduct audits in compliance with the provisions of this 1 ; section. The City shall give the Contractor reasonable advance notice of intended audits. (b) The Contractor further agrees to include all its subcontractors hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) yeas 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 l relating to the subcontract, and further, that the City shall have access during l normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with Subsection (c) hereof. The City shall give the subcontractor reasonable advance notice of intended audits. (c) The 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 =U page. P Pv 2. More than 50 copies - 85 ants for the fast page plus 15 cents for each page thereafter. D-10 ERE^CO IMUCTION CONTERENCE: re-Construction conference shall be bold with Before the project work order u a p issued, representatives of the following agencies present: Department of Engineering, Water Department, other interested City Departments (such as Traffic), interested utility companies (such as gas, Umr?hone, and electric), Design Engineer, and the successful Contruror. The Contractor shall submit a schedule of operations per General Condition C4-4.6 at ' the pre-construction conference. D-11 COORDINAIION MEEM4,GS: For coordination purposes, monthly, meetings at the job site may be required to maintain the project on the desired schedule. The Contractor shall be present at all meetings. D-12 PROJECT SIGNS: L Project signs are required at ali locations which will be under construction for more than thirty (30) calendar days as indicated in Part &Proposal. Project Signs shall W in L accordance with'Figure 30 (dated 9/18/90, of the General Contract Documents. The signs may be mounted on sidds or on posts. The exact locations and methods of mounting shall be approved by the Engineer. Any and all costs for the required materials, labor and equipment necessary for the furnishing of Project Signs shall be l considered as a subsidiary cost of the project and Ao additional compensation will be allowed. t Page 4 L l C D-13 COPIES OF PLANS AND SPECIFICATIONS FURNISHED: t Five (5)sets of plans and specificatons shall be furnished to the Contractor at no charge for construction purposes. Additional sets may be obtained four the Engineer at the cost quoted in the "notice rto Bidders". 1.. D-14 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK: Prior to executing the Contract, the Contractor will be requested to furnish a shcedule for the order of completion of work along with starting and completion dates. D-15 CITY FURNISHED MATERIALS: All materials for construction of the project, including water for compaction shall be furnished by the Contractor. D-16 WAGE RATES: The labor classification and minumum wage rates set forth herin have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Doucments. In no event shall less than the following rates of wages paid. C CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1995 Classification Rate Classification Rate POWER EQUIPMENT OPERATORS AIR TOOL OPERATOR $7.554 MILLING MACHINE OPERATOR $6.650 ASPHALT RAKER $8.565 MIXER (OVER 16 C.F. ) $9.000 BATCHING PLANT WEIGHER $9.371 MIXER (16 C.F.& LESS) $7.913 BATTERBOARD SETTER $8.920 MIXER-CONCRETE PAVING $9.500 CARPENTER $9.447 MOTOR GRADER OPERATOR FINE $10.346 CONCRTE FINISHER (PAV) $9.345 MOTOR GRADER OPERATOR $9.891 CONCRETE FINISHER STRS $9.058 PAVEMENT MARKING MACHINE $6.402 CONCRETE RUBBER $7.733 POSTHOLE DRILLER OPERATOR $9.000 ' ELECTRICIAN $12.761 ROLLER,STEEL WHEEL FLAGGER $5.598 (PLANT-MIX PAVEMENTS) $8.339 FORM BUILDER (STRS) $8.717 ROLLER.STEEL WHEEL FORM LINER $8.913 (FLATWHEEL OR TAMPING) $7.963 FORM SETTER(PAV & CURB)$8.686 ROLLER,PNEUMATIC SELF-PRO $7.403 FORM SETTER (STRTS) $8.427 SCRAPER-17 C.Y. & LESS $8.138 LABORER, COMMON $6.402 SCRAPER -OVER 17 C.Y. $8.205 LABORER, UTILITY $7.461 SIDE BOOM $7.793 MECHANIC $10.658 TRACTOR-CRAWLER TYPE L OILER $8. 698 (150 HP & LESS) $8.873 SERVICER $8. 104 TRACTOR-CRAWLER TYPE PILEDRIVER $7. 500 (OVER 150 HP) $8.873 PIPELAYER $8. 509 TRACTOR-PNEUMATIC $7.735 L BLASTER $11.333 TRAVELING MIXER $7.615 POWER EQUIPMENT OPERATORS TRENCHING MACHINE-LIGHT $8.188 ASPHALT DISTRIBUTOR $8.404 TRENCHING MACHINE-HEAVY $12.498 ASPHALT PAVING MACHINE $9.053 WAGON-DRILL,BORING MACHINE $9.000 C_ IPage 5 L l CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1995 C rClassification Rate Classification Rate BROOM OR SWEEPER OPERATOR $7.908 REINFORCING STEEL SETTER $9.218 BULLDOZER,150 HP OR LESS $8.703 (STRUCTURAL) BULLDOZER,OVER 150 HP $9.160 REINFORCING STEEL SETTER $9.218 CONCRETE PAV.CURING MACH. $8.213 (PAVING) CONCRETE PAV. FINISH.MACH $9.453 REINFORCING STEEL SETTER $11.548 CONCRETE PAV.FORM GRADER $8.500 (STRUCTURAL) CONCRETE PAV.JOINT MACH. $9.042 STEEL WORKER -STRUCTURAL $16.300 CONCRETE PAV.JOINT SEALER $7.350 SIGN ERECTOR $11.436 CONCRETE PAVING FLOAT $7.875 SPREADER BOX OPERATOR $6.988 CONCRETE PAVING SAW $9.290 BARRICADE SERVICER ZONE WK. $6.402 CONCRETE PAVING SPREADER $9.750 MOUNTED SIGN INSTALLER SLIPFROM MACHINE $9.000 (PERMANENT GROUND) $6.402 CRANE,CLAMSHELL,BACKHOLE, $9.000 TRUCK DRIVER-SINGLE AXLE DERRICK,DRAGLINE,SHOVEL (LIGHT) $7.465 (LESS THAN 1 1/2 CY) $9.513 TRUCK DRIVER-SINGLE AXLE CRANE,CLAMSHELL,BACKHOLE, (HEAVY) $8.067 LLL DERRICK,DRAGLINE,SHOVEL TRUCK DRIVER-TANDEM AXLE (1 1/2 CY & OVER) $10.517 (SEMI-TRAILER) C CRUSHING OR SCRNG PLT OPR. $9.500 TRUCK DRIVER-LOWBOY/FLOAT $9.653 ELEVATING GRADER TRUCK DRIVER-TRANSIT MIX $7.507 FOUNDATION DRILL OPERATOR TRUCK DRIVER-WINCH $8.200 (CRAWLER MOUNTED) $10.000 VIBRATOR OPERATOR $7.000 FOUNDATION DRILL OPERATOR WELDER $10.459 (TRUCK MOUNTED) $11. 138 FOUNDATION DRILL OPR HELPER FRONT END LOADER (2 1/2 CY OR LESS) $8.823 FRONT ENT LOADER (OVER 2 1/2 CY) $9.311 HOIST (DOUBLE DRUM & LESS)$8.917 L Page 6 1 . L e D-17 ; A. The Contractor agrees to provide to the Owner (City) a certificate showing that It has obtained a policy of Worker's 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. The 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 Instuanee covering each employee employed on the project. The Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. The Contractor shall provide a copy of all such certificates to the Owner (City). D-18 Easements and permits, both temporary and permanent, are being secured for this project. The Contractor may not enter private property until easements and permits have been secured. The Contractor shall adhere to all requirements of paragraph C6- C 6.10 of the General Contract Documents. The Contractor's attention is directed to the easement descriptions and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. CThe easements shall be cleaned up after use and restored to their original condition or better. In the event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. The Contractor shall limit all work operations within existing city, county and highway department rights-of-way where easements are not indicated on the Plans. D-19 DURING THE CONSTRUCTION OF TMS PROMCMr; The Contractor shall comply with present toning requirements of the City of Fort Worth in the use of vacant property for storage purposes. D-20 COORDINATION WT!'H FORT WORTH WATER DFpattTtirs•Nr; During the construction of this project, it will be necessary to deactivate, for a period L of time, existing lines. The Contractor shall be required to coordinau with the Water Department to determine the best times for deactivating and activating those lines. L D-21 CROSSING OF ExiSTIA'G UTIL C; Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary, sewer service line shall be made water tight or be constructed of ductile iron pipe. The required length of replacement shall be determined by the Engineer. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene L _ Page 7 1.� in Ma l contained in the General Contract wrapping as specified tercel Standard E -6 C Documents. The material for sanitary sewer service lines shall be extra strength cast iron .soil pipe with polyethylene wrapping as specified in the General Contract ` Documents. Adaptor fittings shall be a urethane or neoprene coupling ASTM C425 (� with series 300 Stainless Steel compression straps. 4 Payment for work such as backfill, fittings, tie-ins and all other associated � appurtenances required shall be included in the linear foot price of appropriate bid item. D-22 EXISTING UTILITIES: The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction C operations. The Contractor shall make all necessary provisions for the support, protection, relocation, and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures.both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WELL BE ALLOWED. The Contractor shall notify public and private utility companies which may have overhead or underground facilities in the area at least 48 hours before construction begins. The Contractor shall make necessary arrangements for having these companies locate, protect, brace, or move their facilities as may be necessary for construction of the improvements. Costs incurred due to the moving, bracing, or protection of utilities or in satisfying the requirements of the utility companies shall be incidental to the cost of the proposed improvement. ( The Contractor shall proceed with caution with excavation operations so that the exact L. location of underground utilities and structures, both known and unknown, may be determined. The Contractor shall take all reasonable precautions against damage to the C utility or structure. However, in the event of a break in an existing utility, he shall immediately notify a responsible official from the organization operating the utility. The Contractor shall lend all possible assistance in restoring service and shall assume all costs connected with the repair of any damaged utility. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for any delays, inconvenience or Page 9 l • 4 damage sustained by him due to any interference from the said utility appurtenances (� or the operation of moving them either by the utility companies or by him; or on account of any special construction methods required in prosecuting his work due to the existence of said appurtenances either in their present or relocated positions. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the Plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the owners of all utilities to locate existing underground facilities and notify the.Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this Contract. D-23 TRAFFIC CONTRO It shall be the responsibility of the Contractor to provide traffic control during C construction as set forth in the General Contract Documents, in accordance with the Work AreaL CiU of Fort • Werth. Texas, dated February 1979, and also in accordance with the following additional requirements: A. The Contractor's attention is directed to paragraph C".8 of the General Contract Documents, which requires that the Contractor shall furnish barricades, flares, etc., for the protection of the public and the work. B. Submit a traffic control plan to Owner, Owner's Representative, and appropriate highway official three days prior to closing any road. The Contractor shall inform police, fire, public works, and bus service companies on the day of closure. C. When any section or portion of road is closed to traffic, provide, erect, and maintain barricades, red flags, detour signs, and torches or lights at each end of the closed section, at all intersecting roads, and at all location shown on the Plans, in accordance with the City of Fort Worth Standard Specifications. LD. The Contractor shall vid pro e a sequencing arrow panel when performing construction on heavily traveled roads and streets. The sign panel shall consist of a minimum of 22 amber lamps. The lamps shall be divided into two groups of throe arrowheads each with arrowheads of each group aligned or behind the other laterally and the arrowheads of separate groups being opposed. �, Page 9 I� Replace an traffic damaged rem Z. ep y sign or post which has been damag or cued because of the Contractor's operations. F. The Contractor shall provide access to private property. Driveways, sidewalks, and alleys shall not be blocked for periods grater than two hours. G. The cost of the traffic control shall be included in the price bid for pipe complete in place as bid in the Proposal, and no other compensation will be allowed. A MINIMUM OF ONE LANE IN EACH DIRECTION SHALL REMAIN OPEN TO TRAFFIC AT ALL TIMES. D-24 CRUSHED LDMTONE BACKFILL: Where specified on the Plans or directed by the Engineer, crushed limestone shall be used for trench backfill on this project. The niawW shall conform to the Transportation and Public Works Department Standard Specifications for Street and Storm Drain Construction, Division 2, Item 208.2, "Materials", and Division 2, Item 208.3, "Materials Sources". Trench backfill and compaction shall meet the requirements of E2-2, "Excavation and Backfill", Construction Specifications, and General Contract Documents. Payment for crushed limestone backfill in place shall be made at the unit price bid in l the Proposal multiplied by the quantity of material used measured in accordance with E2-2.16, "Measurement of Backfill Materials", Construction Specifications, and General Contract Documents. D-25 2:27 CONCRETE: The Transportation and Public Works Department typical sections for "Pavement and Trench Repair for Utility Cuts" Figures 1 through S refer to using 2:27 concrete as base repair. Since this call-out includes the word concrete, the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D-26 TRENCH EXCAVATION. BACKFILL AND COMPACTION: Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future right-of-ways shall be in accordance with Section E1-2, "Backfill", and E-2-2, "Excavation and Backfill", of the General Contract Documents and Specifications, except as specified herein. A. Trench Excavation: In accordance with Section E2-2, 'Excavation and Backfill", if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loading of l� the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to . Page 10 l.J c the width of permanent rights-of-way, permanent easements, and any temporary C construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. B. Trench Backfill: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with L satisfactory evidence that the P.L of the excavated material is less than S. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11, Trench BacITW, for additional requirements. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material under existing or future streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source consisting of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter, and shall meet the following graduation: Size Sieve % No. 4 0-5 No. 16 0-20 No. 50 0-50 No. 100 60-95 No. 200 90-100 C. Trench Com2action: All trench backfill shall be placed in lifts per E2-2.9, Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (ASTM D-698) by means of tamping only. Trenches which He under existing or future paving L shall be backfilled per Figure A and computed to 95% Standard Proctor Density by mechanical tamping. Backfill material to be mechanically tamped must be within -2% to +4% of its optimum moisture content. LThe City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result L of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) ffoot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed baceill at intervals Page 11 l _ L along ta5a trench not to exceed 300 linear feet. The Contractor will be responsible for providng access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted C by the City. D. Measurement and PaMent: All material, including any and all Type 'B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. , D-27 PAVEMENT REPAIR (E2-19): The unit price'bid under the appropriate bid item of the Proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Transportation and Public Works Department typical sections for 'Pavement and Trench Repair for Utility Cuts", Figures 1 through 5. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. C The trench shall be backflled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department.that the strip of existing hot-mixed asphaltic concrete.pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less ' from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest r possible date. L A permit must be obtained from the Department of Engineering Construction Section by the Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 L to make utility cut in the street. City forces will inspect the paving repair after construction of each water main replacement. ( Page 12 D-28 TRENm sAmy sysrEm jppg wATER DEPAitTmENT Pitomms oNLY: A. tel: This Specification covers the trench safety requirements for all trench c=vadons exceeding a depth of five (5) feet in order to protect workers from cave-ins. The requirements of this item govern all trenches for-mains, manholes, vaults, service lines, and all other appurtenances. B. AwdlE& The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR, Part 1926, Subpart P, 'Excavations`, are hereby made a part of this Specification and shall be the minimum governing requirements for trench safety. C. Definitions 1. s: A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) ' feet. 2. Enching Svc Benching means excavating the sides of a trench to form one or a series of horizontal levels or steps, usually with vertical or near vertical surfaces between levels. 3. Shield ys_tem: Shields used in trenches_ art generally referred to as "trench boxes' or 'trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cavb-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either pre-manufactured or job-built in acomftice with OSHA ' standards. 4. Shoring S em: Shoring means a structure such as a metal hydraulic, ' mechanical or timer system that supports the sides of a tre=nch and which is designed to prevent cave-ins. Shoring systems are generally comprised of crossbraces, vertical rails (uprights), horizontal rails (wales), and/or sheeting. D. Measurement: Trench depth is the vertical measurement from the top of the existing ground to the bottom of the pipe or structures. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. Bore pit shoring is the total vertical face shoring area in square feet required to maintain adequate support for each individual bore pit. E. Pa=en r Payment shall be full compensation for safety system design, labor, tools, materials, equipment, and incidentals necessary for the installation and removal of trench safety systems. Page 13 Ft. D-29 BODING NDER EXISTING UM MM M AND PAVEM�: The Contractor shall use a method approved by the City of Fort Worth to bore or tunnel under existing utilities and/or pavement. D-30 CASING PIPE: A. fit:: Boring used on this project shall be in accordance with the Material Standard El-15 and Construction Standard E2-15 as per Figure 110 of the General Contract Documents. B. Payment: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, casing spacers, and incidental work shall be included in the unit price bid per foot. D-31 SANITARY SEWER MANHOLES: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described. in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. A. Concrete Collars: Concrete collars when indicated on the plans will be required L as per Fig. 121. B. Watertight Manholes Inserts: Watertight gasketed manhole inserts shall be installed in sanitary sewer manholes when indicated on the plans. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations. ' C. Uft-Holes: All lift holes shall be plugged with a precast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. D. Final Rim Elevations: t� 1. Manhole rims in parkways, lawns, alleys and other improved lands shall be at an elevation not more that one (1) nor less that one-half(1/2) inch above the surrounding ground. Backfill shall provide a uniform slope LT from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all ( surfaces shall be chocked for proper slope and grade by Ming lining the entire area regraded near the manhole. Page 14 L i� • 2. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of S inches above grade. E. Manhole Coven: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished, Loclang manhole lids and frames will be restricted to locations within the 100 year flood pain and area specifically designated on the plans. Certainteed Ductile Iron Manholes Lids and Frames are acceptable for use where Locking Lids are specified. F. Shallow Manholes: Shallow manhole construction will be used when manhole depth is four(4) feet or less. All shallow manholes shall be built in accordance with Fig. 106 or per Fig. 103 but with a flat slab top (no oones sections will be allowed). All shallow manholes shall have a 24" x 40" cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIG. 105 WELL NOT BE ALLOWED. G. Manholes Steps: No Manhole steps are to be installed on any Sanitary Sewer Manhole. C H. Exterior Surface Coating: Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy paint, Koppers 'Bitumastic Super Service Black", Tnemec, "46-450 Heavy Tnemecol", or equal, to a minimum of 14 mils dry film thickness. I. Manhole Joint Scaling: 1. General: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type preformed O-ring rubber gasket shall require bitumastic joint sealants as per attached Figure M. 2. Materials: This sealant shall be performed and trowelable bitumastic as manufactured by Kent-Seal, Ram-Nek, E-Z Stick or equal. The joint sealer shall be supplied in either extruded rope-form of suitable cross- sectional area or flat-tape form and shall be sized as recommended by Lthe manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The joint sealer shall remain totally flexible without shrinldng, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The L L Page 15 I F, manufacturer shall furnish an affidavit attesting to the successful use of (� the product as a preformed flexible joint sealant on concrete pipe and L manhole sections for a period of at least five years. (- 3. Installation of Joint Sealant: Each grade adjustment ring and manhole L, frame shall be sealed with the above specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly clean of dirt, sand, mud or other foreign matter. A primer shall be applied to all surfaces prior to installing the joint sealant in accordance with the recommendations by the manufacturer. The protective wrapper shall remain on the joint sealant until immediately prior to placement of the pipe in the trench. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover manhole opening with the bottom of the rings rating or bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of bitumastic joint sealer. g Adjusting J. Sealing and/or Ad'ustin Existing Manholes: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole Cframe and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. C1. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block, or materials other than precast concrete shall be replaced with precast concrete rings, or where necessary and approved by the Engineer, a precast flattop section. Precast concrete rings, or precast concrete flat-top section will be the only adjustment allowed. 2. In brick or block manholes replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below (� this level are structurally unsound, notify the Engineer prior to L replacement of the grade rings and manhole frame. Existing brickwork, ( if damaged by the contractor, shall be replaced at the Contractor's L_ expense. 3. Wire brush manhole frame and exposed manhole to remove dirt and L loose debris. Coat exposed manhole surfaces with an approved bonding agent followed with an application of a quick setting hydraulic cement to provide a smooth working surface. 4. If the inside diameter of the manhole is too large to safely support new adjustment rings or frame, a flattop section shall be installed. Page 16 L , S. Joint surfaces between the frame , adjuetment rings, and cone section shall be free of dirt, stones, debris, and voids to ensure a watertight seal. Place a flexible gasket joint material in two concentric rings along ( the inside and outside edge of each joint, or use trowelable material in lieu of preformed gasket material. Position the butt joint for each length of joint material on opposite side of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. 6. In paved areas of future paved areas castings shall be installed b using pa per' � 8 Y 8 a straight edge not less that ten(10) feet long so that the top of casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finish elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. 7. All exposed exterior surfaces shall be coated with two mop eats of coal tar epoxy paint, Koppers 'Bitumastic Super Service Black", Themec 046-450 Heavy Tnemecol", or equal, to a minimum of 14 mils dry film thickness. K. Measurement an Payment: 1. The price bid for new/replacement manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including but not limited to joint sealing, lift hole sealing, and exterior surface coating. 2. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment, and materials necessary for adjusting and/or sealing the manhole including but not limited to joint sealing, lift ' hole sealing, and exterior surface coating. 3. Payment for concrete collars and watertight manhole inserts, if required, (' will be made separately, based on the appropriate bid items. L D-32 SANITARY SEWER SERVICES: Any reconnection, relocation, replacement, or new sanitary sewer service shall be L required as shown on the Plans and/or as described in these S Contract nq pedal Documents in addition to those located in the field and identified by the Engineer as L active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured saddle taps or tees. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and [ the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in Section C6-6.15. Page 17 L_ l� n. ewer Service Reconnection: When sewer service reconnection is called for, the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fttings used for vertical adjustment shall consist of a maximum bend of 45. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. All sanitary sewer service lines shall be replaced to the property line or easement line or as directed by the Engineer. Procedures listed below for Sewer Service r Replacement shall be adhered to for the installation of any sewer service line l including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as baclfidl, saddle, fittings to incidental four (4) feet of service line, and all other associated appurtenances es required shall be included in the price bid for Sanitary Sewer Taps. B. Sewer Service Replacement: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the reconnection of the sewer service line. Unless otherwise noted on the Plans, all active service connections on sewer segments to be abandoned shall be connected to the proposed sanitary sewer. The Contractor shall be responsible for locating service connections prior to construction. If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be (� performed by a licensed plumber. The length of the replacement shall be determined-by the Engineer. All sewer services shall be*installed at a minimum of two (2) percent slope or as approved by the Engineer. Connection to the existing sewer service line shall be made with appropriate adaptor fitting. The fitting shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps. Payment for work and materials such as backfill, pipe, fittings, and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line. Payment for all work and material involving the "tap" shall be included in the price bid for sanitary sewer service taps. a. Service lines shall be reconnected to the sanitary sewer with appropriate sized tee and rubber couplings. All couplings shall be secured with stainless steel bands. b. The Contractor shall verify by testing all service connections in the repair area to determine if they are active or inactive. Only active services shall be reconnected to the sanitary sewer system. Inactive services shall be plugged with hydraulic cement. The Contractor shall be responsible for any liability associated with the accidental plugging of active services. L-- Service reconnection shall be completed by a licensed master plumber. l_ LPage IS z> (NOT USED) t t: `I �u L ✓fi' Page 19 t. i c � � . . D-33 REMOVAL. SALVAGE.AGE. AA'D ABANDOI\'MENT OF ERISTD�G FACiiLITiES. Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the Plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5, `Salvaging of Material", and E2-27, "Removing Pipe",of the General Contract Documents and Specifications unless amended or superseded by requirements of this Special Condition. A. Abandonment of Manholes: Manholes to be demolished in place shall have all pipes entering or exiting the structure plugged with lean concrete. Manhole tops or cone sections shall be removed to the top of the full barrel diameter section or to a point not less than IS inches below 5na1 grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9, "Backfill". Backfill material may be either clean washed and or clean, suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding service surface. Payment for work involved in backfilling, plugging of pipe, and all other appurtenances required, shall be included in the appropriate bid items. B. Removal of Manholes: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole, including top or cone section, all full barrel diameter section, and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9, 'Backfill". Backfill material may be with Type C Backfill or Type B Backfill as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. C. Cutting an, d Plugging Exisftg Mains: At various locations on this project, it may be required to cut, plug and block existing sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be ' considered to be included in the linear foot bid price of the pipe, unless separate trenching is required. D. Removal of Existin¢T: Where removal of the existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe. E. Pa=en1: Payment for all work and material involved in salvaging, abandoning and/or removing existing facilities shall be included in the linear foot bid price Cof the pipe except as follows: Separate payment will be made for removal of all sanitary sewer manholes, regardless of location. Payment will be made for salvaging, abandoning and/or removing all other existing facilities when said facility is not being replaced in the same trench, i.e., when removal requires a separate trench. L Page 20 D-34 DETECTABLE WARNING TAM: Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above the non-metallic water and sanitary sewer pipe. The detectable tape shall be 'Detect Tape' manufactured by Allen Systems, Inc., or approved equal, and shall consist of a mirdmum thickness of 0.35 (� mils solid aluminum, foil encased in a protective inert plastic jacket that is impervious l to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less Ow 2 inches with a minimum unit weight of 2.1/2 pounds/1 inch/ 100 feet. The tape . shall be color-coded and imprinted with the message as follows: Tyne of Utility Color Code j end Sewer Safety Green Caution Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectibility. Allow a minimum of 18 inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes, and all other associated appurtenances (� required shall be included in the unit price bid for the appropriate bid item(s). L..i TO 1-35 TELEVISIO ABANDONED: CPrior to abandonment of any section of sanitary sewer, that section shall be cleaned, televised and dye tested to identify the locations of all active sewer service taps and other mains. Work shall consist of furnishing all labor, material and equipment necessary for the cleaning and inspection of the sewer lines by means of closed-circuit television. D-36 PR&CONSTRUCTION VIDEO TAMG OF SURFACE CONDITIONS: A. General: The following location information shall be provided on color audio- video tape recording and'will be considered subsidiary to various bid items: 1. Audio: Each recording shall begin with a verbal description of the current date, project name, and municipality and be followed by the general location, i.e., name of the street, viewing side, and direction of progress. 2. Video: Transparent information must appear on-the viewing screen. This information will consist of the date and time of recording. The data information will contain the month, day and year. L 3. Digit: To preclude the possibility of tampering or editing in any manner, all video recordings must, by electronic means, display continuously and simultaneously generated transparent digital information to include the date and time of recording. The date information will contain the month, day and year. Page 21 L rt L , t r B. Matirials l_ i 1. Audio-video VHS tape,3M T60 broadcast type,or equivalent tapes shall be one-half (1/2) inch color video-cassette player/recorder. An effort should be made to utilize the same mcorde r that would be required for L review of the sewer line televising. 2. Video output from camera(s)used must be capable of producing WSC- 525 lines/60 fields. Resolution shall have a minimum 260 TV lines at center, for optimum color imagery and minimum lag through ten (10) foot candles, with Geometric Distortion not to exceed 1.5% of picture height at any point in picture area. 3. The equipment shall be capable of a minimum of 240 lines horizontal resolution. Camera shall have character/time generators. VCR shall be General Electric Model 9-7215, or equivalent, with a Mitsubishi Model CS-1903 recorder/tuner, with adapter, connector plugs, and still frame capability. 1 C. Execution C1. The taped coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio description. Audio description shall be made simultaneously with video coverage. Such coverage shall include, but not be limited to, all existing driveways, sidewalks, fences, curbs, ditches, roadways, landscaping, roes, culverts, headwalls, retaining walls, or buildings located within such zone of influence. Particular and detailed attention shall be given to any defects noted, such as cracks, disturbed areas, damaged items, or as may be required by the Engineer. It is the intent of this coverage to accurately and clearly document pre-existing conditions and especially any items that could result in construction claims. The excavation areas shall be physically marked with high visibility fluorescent paint prior to video taping. The markings shall include the job number and stationing. L 2. The zone of influence shall be defined as an area within 30 feet of the proposed work, and an additional 20 feet of supplemental overage shall Lbe provided in residential areas. 3. The Contractor shall be able to televise and tape areas with paved roads, along co-owned easements through parks, lawns, and open fields. If L_ video taping on private property, the Contractor shall give the Owner sufficient prior notice of such entry so that property owners may be advised of and their permission obtained for the work. LPage 22 4. To produce the proper detail and perspective, adequate lighting will be required to fill in the shadow area caused by trees, utility poles, mad signs, and other such objects in residential areas of as directed by the Engineer. CS. Houses and buildings shall be identified visually by house number,when visible, in such a manner that structures of the proposed system, i.e., manholes on a sewer system and hydrants on a water system, can be located by referaux. 6. The rate of speed in the general direction of travel of the conveyance used during taping shall not exceed 48 feet per minute in residential areas, nor exceed 100 feet per minute in non-residential areas. Panning e rates and zoom-in, zoom-out rates shall be controlled sufficiently such that during playback will produce clarity of the object viewed. The playback picture shall be in focus and be of extreme clarity at all times. 7. All taping shall be done during times of good visibility. No taping shall be done during periods of visible precipitation, or when more than 10% of the ground area is covered with snow, unless otherwise authorized by C the Engineer. (� 8. The Owner shall have the authority to designate what areas may be l� omitted or added for audio-video coverage. 9. Record Logs: All tapes (cassettes and cases) shall be properly identified by tape number, location, and project name and municipality in a manner acceptable to the Owner. 10. A record of the contents of each tape shall be supplied by a run sheet identifying each segment in the tape by location, i.e.,roll number, street or road viewing, tape counter number,viewing side, point starting from, traveling direction, and ending destination point. 11. Any portion of the video tape recording not conforming to Specifications shall be rejected. 12. Any taped coverage not acceptable to the Owner shall be refilmed. The Contractor shall reschedule unacceptable coverage five (S) days after f being notified. . L 13. All taping shall be performed by the Contractor and renewed prior to r construction. L 14. One original and two copies are to be provided. The original shall go to the Owner, one copy shall go to the Engineer, and one copy shall go to the Contractor. L Page 23 D-37 POST-CONSTRUCTION TO FVISION INTSpECTION OF SAMTARY SEM LM: A. feral: This Spatial C ndidon covers the furnishing of all necessary materials and equipment to perform post-construction television inspection of all sanitary sewer lines installed under this Contract. This television inspection is considered as a part of the final inspection. A satisfactory inspection is required before the project is considered complete. B. Materials I. VHS format video cassette recording equipment and tapes are required for video taping. The television camera used for the inspection shall be specifically designed and constructed for such inspection and shall provide a color picture. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery o the pipe acceptable to the Engineer. The camera shall be operative in 100 percent humidity conditions and shall have a minimum or 600 line resolution. 2. Recording equipment shall be equipped with data recorder capable of the r following: `- a. Date and time. b. Footage. C. Project name, contract number, contractor, and inspection firm. d. Location, main/lateral number, and station number. C. Execution 1. The Contractor shall obtain the services of a qualified independent company to perform the television inspection. 2. The Contractor shall provide traffic control during inspection operations to maintain public traffic and safety of all personnel. 3. The Contractor shall clean all construction debris, sand and gravel from the sewer to be inspected. 4. Satisfactory precautions shall be taken to protect the sewer lines from �._. damage that might be inflicted by the improper use of inspection equipment. Any damage done during inspection shall be repaired by the Contractor. There shall be no additional payment for these repairs. S. Internal Television Inspection C- a. The inspection shall be done one sewer section at a time. The section being inspected shall be isolated from the remainder of I the sewer in a manner approved by the Engineer. Any defects Page 24 L. found shall be b the Contractor and then re-' repaired Y uuP°ctcd• There shall be no additional compensation allowed for such repair or minspection. r b. The camera shall be moved through the line in either direction l at a uniformly slow rate, stopping at all defects to allow adequate evaluation by the Engineer. In addition, the camera shall be stopped at each service connection. The camera shall be able to provide a clear view of each service connection. C. Cost for excavation to retrieve inspection equipment shall be the responsibility of the Contractor. The City of Fort Worth shall not be liable for any costs relative to retrieving inspection equipment from the sewer system. d. Sanitary sewer mains must be laced with enough water to fill at all low points. The television inspection must be done immediately following the lacing of the main with no water flow. Sanitary sewage may be used to propel the camera if the main is (� live. However, flow may be restricted in a manner approved by L the Engineer when necessary to provide a clear image of the sewer being inspected. L C. Telephones, portable radio, CB, . wallcie-tallies, or other electronic means of communication must be set up where voice or manual communication is not feasible. 6. Viewing a. The television inspection company shall provide facilities for the purpose of viewing the monitor while the inspection is in progress. b. The Engineer shall witness the television inspection. 7. Record Lo¢s a. The video tape of each sewer segment shall note on the tape the project name and number, the main or lateral number, the L beginning manhole station, the ending manhole station, and the time and date of inspection. Footage for camera location in the sewer line shall be displayed continuously during the inspection. L_ b. The original unaltered cassette video tapes will be reviewed by the Engineer for focus, lighting, clarity of view, and technical • quality. The inspection company shall maintain sharp focus, proper lighting, and clear, distortion-free viewing during the LPage 25 1 .. camera operations. Failure to maintain these conditions can result in rejection of the video tape by the Engineer. Any sewer line whose video tape is not acceptable to the Engineer shall be re-televised at no expense to the City of Fort Worth. C. Defects shall be described and quantified on the video tapes by the company doing the inspection. Measurement for location of defects in sewer mains shall be at the ground level by means of a meter device. Marking on cable or the like which requires interpolation for depth of manhole will not be allowed. Measurement meters shall be accurate to 0.2 feet. r Measurements shall be Wm n from the canter of the manhole and 4 displayed on the video tape. d. A typed, written report shall be provided with each video tape. Each run sheet shall identify the segment being televised, and the location of each service or defect with its appropriate clock position. e. Upon completion of the project, the Contractor shall provide to L the City of Fort Worth the video tapes of each section of sewer line televised. CD. Measurement and Payment: Payment for internal television inspection.shall be paid at the contract price per linear foot of sewer pipe televised. Length shall be measured in place along the centerline of the pipe for each sewer segment. The contract price shall include all costs associated with internal television inspection, viewing, record logs, and cassette video tapes. D-38 VACUUM TESTING OF SA_NTTARY SEWER MANHOLES: A. General: This item shall govern the vacuum testing of all newly constructed ' sanitary sewer manholes. B. Execution 1. Test Procedure: Manholes shall be tested with all connections in place. Lift holes shall be plugged, and all drop-connections and gas sealing connections shall be installed prior to testing. L The sewer lines entering the manhole shall be plugged and braced to L prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop-connections, gas sealing connections, etc. The test head shall be placed inside the frame at the t o p of the manhole and inflated in accordance with the manufacturer's - recommendations. A vacuum of ten inches of mercury (10" Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. . Page 26 r The required test time shall be determined from the table below: Height of 48-Inch 60-Inch Manhole Diameter Diameter Manhole Manhole 0.20 :40 :50 22' :44 :55 24' :48 1:00 26' :S2 1:05 28' :56 1:10 30' 1:00 1:15 For Each Additional 2" :04 :05 2. : The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time. Any manhole which fails to pass the initial test must be repaired with a suitable material which conforms to the construction material of the manhole. The manhole shall be retested as described above until. it has successfully passed the test. Following completion of a successful test, the manhole shall be restored C to its normal condition, all temporary plugs shall be removed, all braces, equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. b=en Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material, labor, equipment, and incidentals required to complete the test as specified herein. ' D-39 BARRICADES, W '• Reference Part C, General Conditions, Section C6-6.8, `Barricades, Warnings and Watchmen": A. Wherever the word 'Watchman" appears in this paragraph, it shall be changed L to the word 'Flagman". L B. In the first paragraph, lines five (S) and six (6), change the phrase 'take all such other precautionary measures" to 'take all reasonable necessary measures". D-40 DISPOSAL OF SPOnJFILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of Engineering, acting as the City of Fort Worth's Flood Plain Administrator f ("Administrator"), of the location of all sites where the Contractor intends to dispose L_ of such material. The Contractor shall not dispose of such material until the proposed Page 27 rites have been determined by the Administrator to met the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not ocxurring within a floodplain 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 t 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 C with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, the Contractor shall remove the spoil/fill material at its expense and dispose of such ' materials in accordance with the Ordinances of the City of Fort Worth and this section. D41 -I MT RARY EROSION. CIA ENT AND WATER POLLUTION CONTROL: A. Description: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a Csubstitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the Contractor to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, slope drains, and other devices. B. Construction Reouirements: The Engineer has the authority to define erodible earth, the authority to limit the surface area of erodible-earth material exposed by preparing right-of--way, clearing and grubbing, excavation, and borrow, and the authority to direct the Contractor to provide temporary pollution control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds, or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains, and use of temporary mulches, mats, seeding, or other control devices L 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 C pollution control features, but are not associated with permanent control features on the project. LThe Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation, and borrow to be proportional to the Contractor's capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution control measures current in accordance with the accepted schedule. Should seasonable conditions make such limitations unrealistic, temporary soil erosion control measures shall be performed as directed by the Engineer. The amount of surface area of erodible earth material LPage 28 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 fat 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 of the Engineer in writing. Tine 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. 1. Waste or dispo sal arras and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 2. 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. I When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. . 1 4. 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. S. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride, or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs, and to avoid interference with movement of migratory fish. C. %ibmitw: 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 shall also submit for acoeptanee 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. 1 Page 29 rr 1 (� D. Measurement and Pa=ent: All work, materials and equipment necessary to I provide temporary erosion control shall be considered subsidiary to the contract r and no extra pay will be given for this work. D42 SAMPLES AND QUALM CONTROL.TF'STrN[;; A. The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland Cement Concrete to be used, and gradation analysis for sand and pushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide the manufacturer's certifications for all imms to be used in the project and will bear any expense related thereto. B. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City of Fort Worth. C. Quality control testing of in place material on this project will be performed by the City of Fort worth at its own expense. Any re-testing 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 of Fort Worth. The failure of the City of Fort Worth to make any tests C of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of this contract D. Not less than 24 hours notice shall be provided to the City of Fort Worth 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. Page 30 L ' I ION r fi (NOT USED) Yq F q ZEE, , J �•4 1+_ Si w s >" Page 31 1. 1 . D-43 WATER PIPE AND FITTINGS: Water pipes on this project shall be polyvinyl chloride (PVC) plastic water pipe in accordance with Material Standard EL-24. All gray iron t and ductile iron fittings shall be mortar lined as specified l in Material Standard EL-7. Installation of PVC water pipe and fittings, shall be governed by Construction Standard r E2-7 of the Fort Worth Water Department General Contract IL Documents. Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above the PVC pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or an approved equal and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil . The minimum overall thickness of the tape shall be 5.5 mils. and the width shall not be less than 2 inches with a minimum unit weight of 2-2/2 pounds/l"x 1000' . The tape shall be color coded and imprinted with the message as follows: CType of Utility Color Code Legends ---------------------------------------------------------------------- Water Safety Precaution Blue Caution Buried Water Line Below Sewer Safety Green Caution Buried Sewer Line Below Installation of detectable tape shall be per manufacturers recommendation and shall be close to the grade as practical for optimum protection and detectability. Allow a minimum of 18 inches between tape and the line. Payment for work such as backfill , bedding, blocking, detectable tapes and all other associated appurtenant required, shall be included in the linear foot price bid of the appropriate Bid Item(s) . L.. D-44 SEWER PIPE AND FITTINGS: Sewer pipe and fittings on this L project shall be Polyvinyl chloride (PVC) plastic in accordance with Material Specification EI-25. Installation shall be governed by the Construction Standard E2-9 of the City Of Fort Worth Water Department General Contract Documents. [ Sewer pipe shall be marked with detectable tape as specified in "Water Pipe and Fittings." I Page 32 1. D-45 COPPER WATER SERVICE LINES AND FITTINGS: Copper water service lines and fittings shall be in accordance with Cthe City Of Fort Worth Water Department Material Standard LL E-17. Installation of copper water service lines and fittings shall be in accordance Construction Standard E2-17. L Temporary water service connections shall be as shown on the Water Departments "TEMPORARY SERVICE CONNECTION DETAIL, FIGURE 2" in Part E-SPECIFICATIONS. C D-46 TEMPORARY PAVEMENT REPAIRS: The contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using minimum of 2-inch hot or cold mix asphalt. The unit price bid under the appropriate bid item of the proposal shall cover all costs for providing temporary pavement repair for all street cuts prior to street reconstruction. D-47 MANHOLE INSERTS: Watertight gasketed manhole inserts shall be installed in all new manholes. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and C installed according to the manufacturer's recommenda- tions. C D-48 ENGINEER REVIEW OF INTERNAL TELEVISION TAPE: Substantial completion of this project will not be certified until the design engineer (LTS, Inc. ) has reviewed all internal television tapes of all work installed in this contract . All work must be certified as meeting the intent of the Contract Documents by the design engineer before final payment will be authorized. D-49 LOCKING MANHOLE COVERS: Locking manhole covers shall be installed on new manholes at the locations indicated on the drawings. These locking covers and matching frames shall be Certainteed, Model GTS, part number RE 85R3FD. they shall be manufactured of ductile iron and shall be as approved by the Fort Worth Water Department . No additional payment will be made for furnishing these locking covers. Page 33 L._ L 1 L 3. Material Identification The material sprayed onto the surface of the manhole shall be a urethane resin system formu- lated for the application to a sanitary sewer environment. the spray system shall exhibit the cured physical propertied as follows: CProperty Standard Long Term Value Tensile Strength ASTM D-638 5,000 psi Flexural Stress ASTM D-790 10,000 psi Flexural Modules ASTM D-790 550,000 psi 4. Mixing and Handling Mixing and handling of interior coating materi- al , which may be toxic under certain conditions, shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel . It is the respon- sibility of the Contractor to provide appro priate protective measures to ensure that mate- rials are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Only personnel thoroughly familiar with the handling of the coating mate- rial shall perform the spray coating operations and coating installations. C. EXECUTION I . General Manhole coating shall not be installed until the manhole structure and all required adjusting �^ rings are set and sealed for watertightness. L 2. Preliminary Repairs a. All foreign materials shall be removed from the manhole interior using high pressure L water spray (minimum 2500 psi at spray tip) . Loose and protruding mortar and concrete shall be removed using a masonry hammer and chisel and/or scrapers. f Page 34 1 L F l_, F b. All unsealed lifting holes and voids larger than approximately one-half ( 1/2) inch in thickness shall be filled with patching com- pound as required by the material supplier. c. After all repairs have been completed, L remove all loose material . END OF SECTION L L L LPage 35 L t � I 't- PART E - SPECMCATIONS I ' °4 f oRt�� SECTI al 1 SPEC]FI CATI OdS io Ji.JUAkY 1, 157d WATER DEPARTMENT All materials , construction metnods and procedures used in this protect IM shall conform, to Sections E1, E2, and UA of the Fort Worth eater ik-partnle»t General Contract Documents and General Specifications , together w';h arty } additional �raterial specificstion(s), construction(s) or later rrvisior.;s). • Sections E1 . E2 and £2A of the (See revisions listed on .his sheet). Fort aortn Va:er Department General Contract Vocunenzs and General Specifications are nereby made a part of this contract coc=enz by reference for all purper.es, the stare as if copies verbatim nerein, anc such Sections ' are filed ant. kept in the office of tine City Secretary of the City of Fort w'orzn as an official record of the City of For: a'or n. El KATERIA-1 SPi CI t: CATIDc s Et M*TP.J:TI Or; SP:CI FI CATID;tS .. E2:. CENEnJ,- DE51G•i D:TAI LS Revisions as c` April ;10. lcdl . foi low•: it 1.4 ticks:ll : (Correct ir�inimur, compaction requirement to c::: Fr;,c:.r „ersi., • anc, c:rrect P.I . values as follows :) C. Additional back-fill requi rEner,:s when ap;roved for i:s: in ' streets: i. Type £ backfill (c) maxiawm plastic i njtx (Pi) shall to c 1. Type C backfi ll .. — (a) raterial meetins requirerents and havinc t P; of E or less shall be considered as suitable for coaaicz- ion by hettinc G (u) M.aztrial 'm<aan irEgLirerenz and tavir,c a F: of cr more shall be considered for use oily •►;::: mechanical compaction Ez-2.11Trenc» Ubdkfill: (Correct minimum compaction requirer„en; wrrerever i appears in this stction to 96: Procter density except for part;rapn a.1. where the 1961, modified Procter density” shall regain uncnanoci w m to £ aznpaappY EXISTING CURB EXIST. CONC. 8 GUTTEPAVEMENT SAw CUT— '. • • • 2:27 CONCRETE EXIST BASE DITCH WALL (IF ANY) PROPOSED FACILITY INSTALLATION PIPE CLASS "A" REINFORCED CONCRETE PAVEMENT REPLACEMENT NOTES' NO.1-REINFORCED CONCRETE PAVEMENT SHALL BE REPLACED TO ORIGINAL DEPTH OR TO A MINIMUM DEPTH OF5" WHICHEVER IS GREATER. NO.4-BEDDING OF PIPE TO MATCH ADJACENT SECTIONS OR SPECIFI- CATION 402,WHICHEVER IS GREATER. SAW CUT —` OAo ' oo p0�.� Z IO•�p�/�j�� A,pOe�p0 'i�� o r 020 o.�� ��v P �� ,9jZ;oPI: ' e: 12 NO.3 BARS ON 24" CENTERS BOTH WAYS WITH MIN.2 BARS LONGITUDINAL IN DITCH EXISTING CONC. EXISTING PAVEMENT CURB &GUTTER V. ALL TRENCH BACKFILL SHALL EXISTING BASE MEET REQUIREMENTS FOR (IF ANY) GRADATION &COMPACTION AS SPECIFIED IN ITEM 402 OF. THE STANDARD SPECIFICATIONS FOR CONSTRUCTION PUBLIC WORKS DEPT.,CITY OF FORT WORTH,TX. OR BACKFILL AS SPECIFIED IN SECTIONS EI-2 9 E2-2 OF THE SPECIFICATIONS FOR WATER DEPT. PROJECTS FORT WORTH WATER DEPT., CITY OF FORT WORTH,TEXAS. NO.2- IF STEEL EXISTS IN CONCRETE PAVEMENT TO BE CUT, THE STEEL SHALL BE CUT a SALVAGED AS POSSIBLE. A MIN- IMUM LAP SPLICE DISTANCE OF if SHALL BE PROVIDED. NO.3- REINFORCED CONCRETE PAVE- MENT WILL BE REPLACED OVER TRENCH,AS SHOWN, IN THE EVENT NON -REINFORCED CONCRETE PAVEMENT IS REMOVED. TYPICAL S ECTION-TRENCH REPAIR NO.5-2:27 CONCRETE MAY BE — DELETED IF HALF THE SPECIFIED CONCRETE PAVEMENT THICKNESS 9F 2127 IS ADDED TO - THE CLASS A CONCRETE. CITY OF FORT WORTH,TEXAS i RANSPORTATION/PUBI IC WORKS ENGINEERING DIVISION FILE NO.C-3226 REV.-6-1-76 REV.-1141-79 ' REV.•12-I5-80 REV.-8-30--82 REV.4-84 FIG..1 want MOM =IN, WM WWI 4610111 MN wpi..1 r — r mil w to wad toe Rae um. ime E mnpuappV Co to DIS?. CUAS *NTT' •n • • MUST SW I MM I IT a/T I tits? LSPMaLT mosaic SAW CUT MOT CONC OAST CLASS -eel M/oaCii COWIN TI Oast MOTE* t S�1 •M*MMtM CMCMT/ Raft WILL WI aSPtLCs1 TO s*tsNaLL Serfs O11 To a ~ems M r t N M S •. . wNICSIvOO N Toll O*s*TS*. asrw*LT *vacate *trlatertNT II VI' usw ) • —Taco COAT oas•* STOOL /ONTO IS CMKSttt sass TO Si CUT. Tod STEIL ONKL M CST awl sULwots AS ►ossi•LI a Ousiwvr LSO SPLICE OISTaNCS M 111- uKl M rwoven, 110l- 1190004 Or MK Ts WITCH aSJ*011 T ItCt10NS O* srtTIVICATION 409 WN1ON/S Is 1000t ST*INotNT rile NA C-3221 • u0 $ Oa** Or ts-Clwtt*s ROTM sate INTO, sw t U.S LOuSITVMwat as o1TCM (GIST asrwtT slMrau SAW CUT `/.111 COIDOIItA I L all T It ucu $aCUS L 'wall WIT T • : • /toulalitVTS •00 **a*a1MIu aM • •1 tOWrac'10u ss sotto*, Iw ass sot or tot *tummies MicMlta•• Tolls Woo CO*sT•sucTIOw rvSLIC moms O/•T•c•TT ear1�T ..srtr Visas M S* .L of SriCMlts M 5CTNl4 to-s 111 11.1 M Tut s�lClr.(.aTMee Io* 6atl0 090504• slot rsONCTS. MOT Motu stroll NOT CST M MIT 1**tw,TEDAS. M.'•KMSOss COrCNt WILL M 1/KM// ao sllSrr. Ovt* Toluca IR TNT VAN/ UOSI• ssisseKeS to11t*ST1 SASE IS *tsar/S. NO.s- 2.21 CONCRETE 1A`/ sE DELI, Tim IF HALT THE SPCCIr1E0 T14.'1NE5SOF 2.21 I! AosEO TO NNE CLASS •A-CONCiETE. I MN t OMITS TANG S N1TTMM ens? Cost saM trs, 51R aW ISP ANTI Oa O • ALL /aNT a/O.*lt C01wsl *Mall M Motat., to sae M/Olwal Minim. ssSNM5 rautulu? es ALL Mrw*LT svete,. Mall M 1 �.• Isse *w4*61 IOrat/ COMI TYPICAL SECTION TRENCH REPAIR, ASPHALT SURFACE a REINFORCED CONCRETE BASE, ci,r or roar *sorts TRANSPORTATION/PUBLIC WORKS DEPT. (AKIN[%NN$ O/Y/S/ON Otv•S-I-Se AeV.4-S4 Nits- M -1-To REV- W -N-00 *lv •a• p5-St Jim 03 a E mnpaaPPV EXIST CURS S GUTTER Y.1 •• •: EXIST PRICK SURFACE SAW Cur EXIST CONC SASE EXIST SUS SASE CLASS -A" REINFORCED ) IF ANY) CONCRETE SASE DITCH WAIL NOTES' NO I -CONCRETE SASE WILL SE REPLACED TO ORIGINAL DEPTH OR TO A MINI- MUM DEPTH OF D". NO 3 DARE, ON 24"CENTERS SOTH WAYS WITH WIN. 2 GARS LONGITUDINAL IN DITCH REPLACE PRICK EXIST PRICK SURFACE \ SURFACE N0.2-1F STEEL EXISTS IN CONCRETE SASE TO SE CUT. THE STEEL SHALL SE CUT AND SALVAGED AS ►OSSISLE. A MINIMUM LAP SPLICE DISTANCE OF 12"WILL SE PROVIDED. N0.5- BEDDING Of PIPE TO MATCH ADJACENT SECTIONS OR SPECIFICATION 402, WHICHEVER IS MORE STRINGENT. Saw CUT 2:2T CONCRETE ALL TRENCH SACKFILL SHALL MEET REQUIREMENTS FOR GRADATION AND COMPACTION AS SPECIFFED IN ItEM 402 OF THE STANDARD S►ECIFICA• TIONS FOR CONSTRUCTION, PUBLIC WORKS DEPT ,CITY Of FORT WORTH OR SACKFILL Al SPECIFIED IN SECTIONS EI.2 ANO E2.2 OF THE SPECIFICATIONS 1)► WATER PART WENT PROJECTS, FORT WORTH WATER DEPT,CITY Of FORT WORTH, TEXAS PROPOSED FACILITY INSTALLATION ►1►E EXIST. CURS S GUTTER • • • EXIST CONCRETE SASE EXIST SUS SASE 11F ANY) NO 3 • REINFORCED CONCRETE SASE NO 4 - EXISTING BRICK SMALL SE REMOVED WILL SE REPLACED AS SHOWN, CAREFULLY TO AVOID DAMAGE DAMAGED OVER THE TRENCH IN THE EVENT BRICK IS TO PE REPLACED WITH VN- NON• REINFORCED CONCRETE SASE DAMAGED BRICK TO MATCH ADJACENT IS REMOVED BRICK NO.8-2.2T CONCRETE MAY SE DELETED IF HALF THE SPECIFIED THICKNESS Of 2.27 13 ADDED TO THE CLASS "A -CONCRETE. TYPICAL SECTION -TRENCH REPAIR TYPICAL BRICK SURFACE 81 REINFORCED CONCRETE BASE File No. C-3228 c/ rr OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPT. ENO/NEER/NS DIVISION REV. S-I-TS REV. II- I-71 REV. 12-13 -SO REV.6-30-62 }I Y. A . 2 R -A A F/6. ! — tt:— tlt=" Milo — 1- a r — - r rI r WWI Mud WW1 rr WWI mod ummii told told .— .D imod `.f Von E mnpuappY w CO Ia 0 IItIT CL1•• guar M.r.AC • 41r7TI• OIM/K[ •I • 1. • Ow 001 MILL! t.tt COMC•tT1 MALL K OATOLLI• A ROL OI r IRLOW 0p1,0Y OF tint •.M.AC. PapaM[MT, ALL CWT. AMYL? •111/10.1e.t•t��[ EMPLACED T10 70[ SH*tL Iel2►Jor r~Iet GoADEDM SURiZF Ct)y•st. • [•011N 0/ Pitt TO same A•1AC1MT SECTION OR Or1aW1CATLOM 40E. WMICNIVIR 10 MORE 0TR01KMT. sae MOTI O •ILOW MY_eC EMPLACE ablest I t ion 1 w NA10R000A/ZT1.T1t; PROJECT tMSRltt• OR K11011tR 1A11nn MMW1Tt Tit R1LL's1eTM OF 1100TM0 MM.A. NWO0Mr A0 TO TRICINIIl C i. • MUTT To MIT110TA111 CowTRYCTOON LOAMIN0. W AN•oPRIAT*,TI1 PULL OWN O► Il/'1hOt MALL K RIIIOYt• • REPLACED Wml *0000 1RATt TREATMENT TO t01t1100 OAK 0R 0U•MAK MATIA0AL. rim N• C-322f AM OUT value, MMAC su•IKt PINK COAT !'ETCOMCOITI All T•t11CM 0AC•F►LL EIMLL MIT Ot0b101reiTs ./OA s0A0AT10R A•• CO10ACT1011 Y MICMII• M ITta *01 OI TM/ OTAMMO OF*CIFICA- T Io1M1 ►00 CO•$T•YCT100, Piles. IC 00/M0 DEFT, CITT M roe? 'own Te■As 00 •AC•IR.L A0 *I1CMle0 M IECTI0W3 [ L t A110 I0- I of T1tt 001CI?ICAT1000 IO• Waft• KPMT- Y[Mt ►/01ICT0, FOOT 0011TM wattle •1FT,CIT♦ or 000t swan. TEAAO. O.0P01•11 MUM 01eTALLATIM -PIPE — DMA WALL TYPICAL SECTION -TRENCH REPAIR TYPICAL H. M. A. C."SURFACE WITH SOIL BASE C/ r of foAi some NOT MR A/AMITIC C�KT* •[v-0-30.02 TRANSP3RTIIT I.:N/FURLIi WI.RKS DEPT. Rev-M-1-Pe (N*INITRAMI DIVISION MIv-I24•40 XIOMT CWI• • .YtTe• • EOM? •A0t PIS. umpuaPPY 368E W lri1ST. OBIS 7 • •uttl* r• IPIST SASE PRIME COAT 2:27 .OHCRUE 01TCN WALL PROPOSED rA01.TY INSTALUTION PWE NOTES: 1. t27 CONCRETE SHALL SE INSTALLED A MINIMUM OF S- BELOW SOTTOM OF ASPHALT P*NEMENT. t. MOPS Or PIPE TO MATCH AWACINT SECTIONS OR MEW/CATION 40E, WNICME11EU MI MONK STRISINT. & ON MAJOR PROJECTS. THE PROJECT IMQNEtP OM OESHINER MUST EVAtUATI THE MILL WOTN OF EUNTM• FEW TRATgF PLvlMEIT AS TO TJ*CKMI•S. COIOITION • MUTT TO WITMSTAM CONSTRUCTION LOASOS. W A►POOPRIATI, TN[ PULL WDTN OF SIIIWACE SMALL St RENOv1O • *[PLACED WITH APPROPRIATE TMEAIMENI TO EISJPS RASE 00 fUNNAOEMATERAL. IS* THAI EBENT, t OF N.M.•• C. CAM SI SUISTITUTID ION TN( VINE/ COUMSI PIMITSATION PAVEMENT. • SSE MOTS NO. II MELON TMIRO COURSE — • • — PROMO COURSE) 00 Ie N. M.A . C -- MST CAME • ,•— ALL T•ICH •Ap t1►I.L SNALL MIS T SISUNNIMINTO P0* w1A•ATN/M Sae CON•ACT$0N AS SPECIFIES IN ItEM Ill M TT. STARS**, SP•CIFICA. T ION• IOR CONS T RUC T I•N. OVUM IC WOOLS SIFT CITE OF POST WOOTN TEAR• O* SMC*FILL Al Pt IN SECTIONS II.I AND I I .I OP THE S ►ECWICATIONS ION OAT IR STPall T- W ENT P*OACT$ FORT WON TN WATER SE►T.CITT Or 1007 WORIN. TRIM. • lIST. C,•• • SMTT•• • • • to : NOSE. SASE •PENETRATION •NINOIEMT al Kattegat COum SNAPS AND BATS •F emus All NTI s1 MO APPLICATION.NoPNALT APPLDATIOI- •TSMI I AC • - • O• SAL. • T. I - •S L•./•.T. • AC • • • I• SAL •.• S - •• L•J••T. • At• • •IS •AL S.T. •IPRI•COATI ISL•AT. TYPICAL SECTION -TRENCH REPAIR LYPICAL PENETRATION PAVEMENT WITH SOIL BASE. FAN No C-3230 cirr OP PORT NORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT fNS/M((RI/YP o'Y' ON REV.- I -I-TO REV -II -I-TO R[ v 1:-111. •O REv-S•70-SI RET: S-•-SS 111.W.) 0EV - 1-12:1110 t S; Pitt EXISTING STREET TEMPORARY PAVEMENT REPAIR PAVEMENT SHALL BE ROTOR COLD MIX ASPHALT, ROLLED 2- MINIMUM L oloo q . • NIK 6' COMPACTED FLEX—&VX'MATEJUAL EXIST. BASE - '• •' :<. . . a �,• ••• •+ : ■ EXCAVATED MATERIAL SHALL CONSIiT • • `• " OF MATERIAL FREE OF THIN OR •• •`' EL"40ATED PIECES. ROCKS. LW"PS ff SAND MATERIAL �� w CLAY. �• Law OR VE WTARX NATTER ❑R GRANULAR •., '• •� `� 11-w �� ' EMBEDMENT •` •• • •; ti,•'•',> IK INCLUDED IN LINEAR FOOT BID PRICE OF PIPE EXCAVATION, BACKFILL AND PAVEMENT REPAIR UNDER EXISTING STREETS CASE 31 EXISTING PAVED STREET TO BE RECONSTRUCTED FIGURE A (WATER, SIZES UP TO INCLUDING 12') SHEET 113F 2 NTS REVo MAY 9, 1996 EXISTING STREET TEMPORARY PAVEMENT REPAIR PAVEMENT z-vo-am.SHALL BE HOTOR COLD MIX ASPHALT, ROLLED 2' MINIMUM •0 0 0 0 0 0 0 0 0 0 MIK 6' COMPACTED FLEX-BASE MATERIAL EXIST. BASE . . a ; •• ... •� ■ EXCAVATED MATE R AL SHALL. CQ=ST • • • ' OF MATERIAL FREE (IF THIM OR ' •• ,, _:, ••• CLAY, SDI_ LOAM OR VELETA" MATTEK a SAND MATERIAL •'''•• • '` , . • i'-•6' MA)aHLIK OR GRANULAR `K - • '` EMBEDMENT �• YA CRUSHED STONE •j!i 1��4. � �•� .; r1 ' N INCLUDED IN LINEAR F00T BID PRICE OF PIPE EXCAVATION, BACKFILL AND PAVEMENT REPAIR UNDER EXISTING STREETS CASE 31 EXISTING PAVED STREET TO BE RECONSTRUCTED FIGURE B (SEWERt ALL SIZES) (WATERi SIZES 16' & LARGER) SHEET 2 OF 2 NTS REVi MAY 8, 1996 0 N 1.5" 11.5" PMS 167 (Copper) PMS 288 (Blue) 8' _ 0" 3'-1.5" 3t • PMS 288 (Blue) 4'-1.5" , FogjjVorH YOUrWater =`'_ Funds in Action PROJECT NAME PROJECT NO. 00-00000-00 / 00-00000-00 S000.000.00 Questions on this project. call 871-8306 (Weekdays 7:30 a.m. - 4:30 p.m.) Questions on this project after hours, call 871-7970 After-hours water and sewer emergencies, call 871-8300 , information about Fort Worth Wastewater Program, call 332-8180 ,! PMS 288 (Blue , , , , • White PROJECT SIGN Figure 30 4/5 3" 3.75" O 13.75" 0 N 0 ----ram 4.5" /3" Radius Scale 1" = 1' 09/18/96 E2-1 Construction J1_ ' j rrrTC F: The following blank spaces in the Certificate of insurance. Performance. Payment and Maintenance bones. and Contras. are not to be f filled in by the Bidder s: the time of Submitting his proposal. These forms are included herein to familiarize the Bidder with such ' forms Which the successful Bidder will be required to exe ou. �r c. r -, a 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- 060530174020&PS58-0770580173440 DAVILA CONSTRUCTION,INC. CO CTOR / 1 By. 1 Ale Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared��,a known to me be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act and deed of for the purpose and consideration therein expressed and in the capacity therein stated. J/ GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 19 !2z Notary Public ' and fo the State of Texas OSCAR DE JESUS RESTREPO NoAlyry Pu st 05-01.00 A CORD i DATE MM/DDM' 1 Tm � .� •••ay.a�•'<?vs:s?:€•».:• . ..:...:: .:....'..'. ,:' 09 26/1997 PRODUCER ( 972)238-8174 238-8174 FAX (972)238-8191 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ordon Lund Insurance Agency Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 701 North Central Expressway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Richardson, TX 75080 COMPANIES AFFORDING COVERAGE COMPANY Trinity Universal Insurance Co Attn: LaNelI Hudgens Ext: A INSURED COMPANY Trinity Universal of Kansas Davila Construction, Inc. B 3325 Panola Ft Worth, TX 76103 COMPANY Texas Work Comp Insurance Fund C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED LOW 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.UMMS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDOFM DATE(MMIDONY) GENERAL LIABILITY GENERAL AGGREGATE S 2 000 QO( X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ 2,000,00( CLAIMS MADE X OCCUR PERSONAL BAOV INJURY $ 1 ��� QQ( A - GLA 8356157 07 09/19/1997 09/19/1998 OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,00( FIRE DAMAGE(Any one fire) $ 50,00C MED EXP(Any one person) $ 5,00( AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ 1,000,00( ALL OWNED AUTOS X SCHEDULED AUTOS er person) URY $ P B TCA 8297376 01 X AIRED AUTOS 09/19/1997 09/19/1998 BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO __........_ _.. ...... OTHER THAN AUTO ONLY EACHACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S 1 000 OOH A X UMBRELLAFORM UO 42340S9 02 09/19/1997 09/19/1998 AGGREGATE $ OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 500 OOC C TSF-0001052013 12/01/1996 12/01/1997 - PART NERSI£XECLI ... . THE NERS ETORI TIVE �INCL EL DISEASE-POLICY LIMIT S S00,000 OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE $ 500,000 OTHER DESCRIPTION OF 0P ERA TIONSILOCATIONSNEHICLE PECIAL ITINS CERTIFICATE .-. .'i i:::pr:•}:}'.:.::.�::.�: .o-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _10 -DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City of Fort Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Th rockmorton OF ANY IaND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTWR=REPRE111611TATIVE l - ACORD 25-S(INS) a<s' ,a Mike Colvin/LANELL > � ;I 4pACORU CORPORATION 1988 a < �I CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date:SEPTEMBER 23,1997 NAME OF PROJECT: WATER AND SEWER IMPROVEMENTS IN CHURCH ST. PROJECT NUMBER:PW53-060530174020&PS58-070580173440 El THIS IS TO CERTIFY THAT DAVILA CONSTRUCTION,INC. 33325 PANOLA j FORT WORTH,TX 76103 (Name and Address of Insured) is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. ' TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ ' Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence: $ Property Damage: Ea.Occurrence:$ Bodily Injury: ' Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. i Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. Agency Fort Worth Agent By �j PART G- CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT,made and entered into SEPTEMBER 23, 1997 by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part,hereinafter termed"OWNER", and DAVILA CONSTRUCTION,INC. of the City of FORT WORTH, County of TARRANT and State of TEXAS,Party of the Second Part,hereinafter termed"CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned,to be made and performed by the Party of the First Part(Owner), said Party of the Second Part(Contractor)hereby agrees with the said party of the First Part(Owner)to commence and complete certain improvements described as follows: WATER AND SEWER IMPROVEMENTS IN CHURCH ST. 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, �I 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 explanatory matter thereof,and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contractor Documents and General Specifications, all of which are made a part hereof and collectively and constitute the entire contract. G1 i The Contractor hereby agrees to commence work within ten(10)days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the proposal. The Owner agrees to pay the contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor,subject to additions and deductions,as provided in the Contract Documents and all approved modifications thereof,and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in / counterparts in the year and day first above written. City of Fort Worth,Texas(Owner) ATTEST: Party,of the First part BY: City Manager j , City Secretary. (SEAL) Party of the Seond Part WITNESS ' Contractor Al By: '/0"' Title: Approved PP Approved as to Form and Legality: A. Douglas Rademaker,P.E.,Director Wade Adkins Department of Engineering City Attorney IeBRt€dQt Au hori ation 1 t - PERFORMANCE BOND No. 62955 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we(1)DAVILA CONSTRUCTION,INC., a (2)CORPORATION of TEXAS,hereinafter called Principal,and(3)New York Surety Company , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas,hereinafter called Owner,in the penal sum of: ONE HUNDRED SIXTY-SIX THOUSAND TWENTY-THREE DOLLARS AND N01100....... ($166,023.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firnily by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the23 day of SEPTEMBER,A.D. 1997, a copy of which is hereto attached and made a part hereof,for the construction of: WATER AND SEWER IMPROVEMENTS IN CHURCH ST. designated as Project No. (s) PW53-060530174020 & PS58-070580173440, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. F1 PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER,that the said Surety, for value received,hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF,this instrument is executed in 7 counterparts each one of which shall be deemed an origin this the 23 day of SEPTEMBER A.D., 1997. ATT T� 'Z"Z DAVILA CONSTRUCTION INC. (Principal)Secretary P CIPAL(4) BY: Title: (SEAL) 3325 PANOLA FORT WORTH,TX 76103 (Address) New York Su ety Company Witn�as to P incipaI Su ty Address BY: rtin A. ris AM. l (Attorney-in-fact)(5) rety) Secretary 811 Lamar ,#310 ,Ft .Worth,TX. 76102 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. ()Witness as t 4 urety G 811 Lam r ,#310 ,Ft .Worth,TX.76102 (Address) F2 New York Surety Company All authority hereby conferred, unless revoked earlier, shall expire and terminate, without notice unless used Executive Offices 80 Cutter Mill Road before midnight of December 31, 1997. Great Neck, NY 11021 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Bond Na 62955 That New York Surety Company does hereby appoint: Martin A. Prisant its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the natuj:e p booll r and on behalf of said Company and as act and deed of said Company, not to exceed and xx/100 ($1,000,000.00) Dollars *** any single instrument. IN WITNESS WHEREOF, Iredw York Surety rSepemWbas execut-'these presents SURE ry oPOPPoRgT�o� this day of 19 . w "SeaIm Z Z' Z � 1983 P Y * Robert A. Bauer,Vice President STATE OF NEW YORK COUNTY OF NASSAU ss.: On this r day of S�ptembe9 97 before me came the above named officer of New York Surety Company of New York, ELIZABETH A.VASQUEZ to me personally known to be the individual and officer described NOTARY PUBLIC,State of New York herein, and acknowledged that he executed the foregoing instru- No.41-4968590 ment and affixed the seal of said corporation thereto by authority of Qualified in Nassau County his office. Commission Expires July 2, 1998 THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER. CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company: March 31, 1987. RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the Presi- dent, or a Vice President of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original in order that the said Power of Attorney be valid and binding upon this company; the seal of the Company and any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile. RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing Resolutions are still in effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of the certification by the Attorney-in-Fact. I,Diane E.Schrieber,Assistant Secretary of New York Surety Company,do hereby certify that the foregoing excerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolutions and Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile sal f the corporation this day of �� G er , 1997. UHEI .P ' V r � �Seat z Diane E. Schrieber, Assistant Secretary PAYMENT BOND No.62955 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1)DAVILA CONSTRUCTION, INC., a (2)CORPORATION of TEXAS, hereinafter call Principal, and (3)New York SuretIr Compan,;ra corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas,hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of: ONE HUNDRED SIXTY-SIX THOUSAND TWENTY-THREE DOLLARS AND NO/100....... ($166,023.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,family to these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the23 day of SeptemberA.D. , 1997, a copy of which is hereto attached and made a part thereof, for the construction of: WATER AND SEWER IMPROVEMENTS IN CHURCH ST. designated as Project No. (s) PW53-060530174020 & PS58-070580173440, a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract,then this obligation shall be null and void, otherwise it shall remain in full force and effect. F1 THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligation on this bond,and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF,this instrument is executed in 7 counterparts each one of which shall be deemed an original,this the23 day of SentemberA.D., 1997. s. DAVILA CONSTRUCTION,INC. ATTL ST• CIPAL(4) itle: (Principal)Secretary 3325 PANOLA—� FORT WORTH,TX 76103 (SEA (Address) i 4asto - Wi New Y rk Sur etir Co any tness cipal Surety t A'ddress Attorney m- artin A. Prisant A T \ 811 Lamar , 31 , t _Worth _TX76102 Address urety Secret (SEAL) NOTE: Date of Bond must not be prior to date of contract �iessun Correc t Name of Contractor ety (2) A Corporation,a Partnership or an individual,as case may be 811 Lamar ,#319,Ft.Worth,TX.76102 (3) Correct name of Surety Address (4) If Contractor is Partnership all partners should execute bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-fact New York Surety Company All authority hereby conferred, unless revoked earlier, shall expire and terminate, without notice unless used Executive Offices 80 Cutter Mill Road before midnight of December 31, 1997. Great Neck, NY 11021 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Bond N2 62955 That New fork Surety Company does hereby appoint: Martin A. Prisant its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature,QfO e Milli r and on behalf of said Company and as act and deed of said Company, not to exceed and xx/100 ($1,000,000.00) Dollars *** any single instrument. IN WITNESS WHEREOF, ,,Nredw York Surety �emDanVehas execut-d/these presents pPOQ,PORy�CO� this day Of 19 w U Seal Z 1983 P t Fw YO * Robert A. Bauer,Vice President STATE OF NEW YORK COUNTY OF NASSAU s.s.: L 7NewYork On this 3r day of S�ptembe)a'9 97 before me came the above named officer of New York Surety Company of New York, ELIZABETH A.VASQto me personally known to be the individual and officer described NOTARY PUBLIC,State of herein, and acknowledged that he executed the foregoing instru- No.41-4968590 ment and affixed the seal of said corporation thereto by authority of Qualified in Nassau County his office. Commission Expires July 2, 1998 THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER. CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company: March 31, 1987. RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the Presi- dent, or a Vice President of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original in order that the said Power of Attorney be valid and binding upon this company; the seal of the Company and any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile. RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing Resolutions are still in effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of the certification by the Attorney-in-Fact. I,Diane E.Schrieber,Assistant Secretary of New York Surety Company,do hereby certify thatthe foregoing excerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolutions and Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and ffixed the facsimile s�(al of the corporation this day of C C t t, U ff 1997. �o�Op,PORgt �, w 'Seal "Fw y0P' Diane E. Schrieber, Assistant Secretary MAINTENANCE BOND No .62955 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That(1)DAVILA CONSTRUCTION,INC.as Principal, acting herein by and through(2)k lma Davila its duly authorized Vice President and(3) NPw Ynrk Stiret;r rnm1 an%ra corporation organized under the laws of the State of New York ,as surety,do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth,A Municipal Corporation,chartered by virtue of Constitution and laws of the State of Texas,at Fort Worth,in Tarrant County,Texas the sum o£ ONE HUNDRED SIXTY-SIX THOUSAND TWENTY-THREE DOLLARS AND NO 1100..... ($166,023.00)in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves,their heirs,executors, administrators,assigns and successors,jointly and severally. This obligation is conditioned,however;that, WHEREAS,the Principal has entered into a certain contract with the City of Fort Worth, dated SEPTEMBER 23,1997 for the performance of the following described public work and the construction of the following described public improvements: WATER AND SEWER IMPROVEMENTS IN CHURCH ST. all of same being referred to herein and in said contract as the Work and being designated as Project No.(s)PW53- 060530174020&PS58-070580173440 and said contract,including all of the specifications,conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof,the same as if set out verbatim herein;and, WHEREAS,in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One(1)Year after the date of the final acceptance of the work by the City; and WHEREAS,said Contractor binds itself to maintain said work in good repair and condition for said term of One(1)Year;and, WHEREAS,said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period,if in the opinion of the Director of the Water Department of the City of Fort Worth,it be necessary; and, WHEREAS,said Contractor binds itself,upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain,repair or reconstruct said work in accordance with all the terms and conditions of said Contract,these presents shall be null and void,and have no force or effect. Otherwise this Bond shall be and remain in full force and effect,and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS,all parties covenant and agree that if any legal action be filed upon this bond,venue shall lie in Tarrant County,Texas;and, IN WITNESS WHEREOF,this instrument is executed in 7 counterparts,each one of which shall be deemed an original,dated SEPTEMBER 23, 199 ATTEST//' (Principal) Secr tary (SEAL) DAVILA CONSTRUCTION,INC. PRINCIP 4) BY: Title:,. 3325 PANOLA FORT WORTH,TX 76103 (Address) Witness as to rincipal /C"? New Yo k Surety Co `r � sure (Address) BY. A T: (1 o ey-in-fact)(5r a r A. P r i s a n t 811 Lamar\, 310,Ft .Worth,TX.76102 (Address) (Surety) Secretary NOTE: Date of Bond must not be prior to date of Contract (SEAL) (1) Correct Name of Contractor (2) A Corporation, a partnership or an Individual,as case may be (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute Bond / (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. Witness as to Surety 811 Lamar ,#310 ,Ft Worth,TX 7610 (Address) F6 New York Surety Company All authority hereby conferred, unless revoked earlier, shall expire and terminate, without notice unless used Executive Offices 80 Cutter Mill Road before midnight of December 31, 1997. Great Neck, NY 11021 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Bond Na 62955 That New York Surety Company does hereby appoint: Martin A. Prisant its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the natuj�gq a Mill for and on behalf of said Company and as act and deed of said Company, not to exceed and xx/100 ($1,000,000.00) Dollars *** any single instrument. IN WITNESS WHEREOF, Nedw York Surety �emr)mrweras execut-d/these presents �SURErr oP PPORq,�o this day of r19 o w "Seal`� Z Z " teea P -c Robert A. Bauer,Vice President STATE OF NEW YORK ) COUNTY OF NA� S i U s s: vvv On this r day of S�ptembei19 97 before me came the above named officer of New York Surety Company of New York, ELIZABETH A.VASQUEZ to me personally known to be the individual and officer described NOTARY PUBLIC,State of New York herein, and acknowledged that he executed the foregoing instru- No.41-4968590 ment and affixed the seal of said corporation thereto by authority of Qualified in Nassau County his office. Commission Expires July 2, 1998 THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER. CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company: March 31, 1987. RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the Presi- dent, or a Vice President of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original in order that the said Power of Attorney be valid and binding upon this company; the seal of the Company and any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile. RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing Resolutions are still in effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of the certification by the Attorney-in-Fact. I,Diane E.Schrieber,Assistant Secretary of New York Surety Company,do hereby certify thatthe foregoing excerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolutions and Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation this f f) day of C ,, + c, b,')r , 1997. /SURE ry C, O��Nr OR,q� , 2 Seal i Z "F'1_'0 j Diane E. Schrieber, Assistant Secretary • ol City of Fort Worth Texas Mayor and Council :Communication DATE REFERENCE NUMBER LOG Kma PAGE 09/23/97 **C-16309 30CHUR 1 of 2 SUBJECT AWARD OF CONTRACT TO DAVILA CONSTRUCTION, FOR WATER MAIN AND SEWER REPLACEMENT IN CHURCH STREET (FROM HANDLEY DRIVE TO MILAM STREET) RECOMMENDATION: It is recommended that .the City Council authorize the City Manager to execute a construction contract with Davila Construction, in the amount of $166,023.00 for water and sanitary sewer line replacements in Church Street (from Handley Drive to Milam Street). DISCUSSION: The 1993 Capital Improvement Program included funds for the reconstruction of Church Street (from Handley Drive to Milam Street). The Water Department has determined that the water and sanitary sewer lines should be replaced prior to the streets reconstruction. The work to be performed under this contract includes the replacement of 1,843 L.F. of existing 6" water line, and 1,339 L.F. of existing 6" sanitary sewer lines and related appurtenances. The project was advertised in the Fort Worth Star-TeMram on May 8 and May 15, 1997. The following bids were received on June 5, 1997, BIDDER —� AMOUNT Time of Completion Davila Construction $166,023.00 45 Working Days Circle "C" Construction 182,173.50 Tri Tech Construction, Inc. 186,880.00 Texas Tech Construction 192,720.00 Larry H. Jackson 212,313.25 ' Ultimate Construction ' 222,069.00 S.L. Siebert Co. 224,329.98 J.C. Evans Construction Co. 251,474.00 Radich Construction Co. 327,733.00 ' The contingency for possible change. orders is $12,000.00. Davila Construction, a registered M/WBE vendor, is in compliance with the City's M/WBE Ordinance by committing to 7% M/WBE participation."The City's goal on this project is 7%. In addition to the contract amount, $15,900.00 is required for associated construction inspection and survey. Printed on Regded Paper City of Fort Wa'rtk a.exas , Mayor and Council Communication DATE REFERENCE NUMBER LOG NATO PAGE 09/23/97 **C-16309 30CHUR 2 of 2 SUBJECT AWARD OF CONTRACT TO DAVILA CONSTRUCTION, FOR WATER MAIN AND SEWER REPLACEMENT IN CHURCH STREET (FROM HANDLEY DRIVE TO MILAM STREET) FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds are-available in the current capital budgets as appropriated, in the Water and Sewer Capital Projects Fund., MG:f ' Submitted for city Manager's FUND ACCOUNT CENTER AMAGUINT x SECIR x AR a orc"e by` (`°) APPROVED Mike Groomer 6140 c CITY COUNCIL. Originating Department Head: A. Douglas Rademaker 6157 m) SEP 23 1997 PW53 541200 060530174020 $99,154.00 r or Additional Wo-rmation- Contact: Oulswirfn7 Of the As Douglas Rademaker 6157 FOZt'1 o axas 0 Printed on Recycled Paper