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Contract 31859
r'Y CITY SECRETARY',?,, i L37 CONTRACT NO )4 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR UTILITY CUT REPAIR CONTRACT 2005 PROJECT NUMBER P264-541200-601170013583 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY DEPARTMENT OF ENGINEERING ORIGINAL 8' i CITY OF FORT WORTH WATER DEPARTMENT COS UTILITY CUT REPAIR CONTRACT � 2005 P264-541200601170013583 7 i 1 1 1 CHARLES R. BOSWELL CITY MANAGER S. FRANK CRUMB, P.E. ACTING DIRECTOR WATER DEPARTMENT 2005 APPROVED /2.4' % A.DOUGLAS RADEMAKER, P.E. DIRECTOR, DEPARTMENT OF ENGINEERING �, ,. / i o5 REEOMMEI6ED DATE TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Part B-Proposal 4. Minority and Women Business Enterprises Specifications 5. Part C-General Conditions 6. Part D-Special Conditions 7. Section E-Specifications 8. Certificate of Insurance 9. Contractor Compliance With Worker's Compensation Law 10. Performance Bond 11. Payment Bond 12. Maintenance Bond 13. Part G-Contract NOTICE TO BIDDERS Sealed proposals for the following: FOR: UTILITY CUT REPAIR CONTRACT 2005 DOE #:4686 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursday, February 10, 2005 and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. Sets of documents may be purchased for a non-refundable price of $20.00. Bid security is required in accordance with the Special Instructions to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871- 7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non -responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time -line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women 3 e business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. For additional information, contact Jim Deeter @ 817-392-7803. CHARLES R BOSWELL SYLVIA GLOVER CITY MANAGER CITY SECRETARY Advertising Dates: January 13, 2005 January 20, 2005 Department of Engineering A. Douglas R emaker, Director By ryan Beck, P.E. Mana•' r, Design Services SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non -responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3.7. 06/04/03 7 t t 4 WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate 06/04/03 It -Dl1,7 a ljv�J'�. �� L, A e 1 1 7 against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 12. FINAL PAYMENT. ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. 06/04/03 PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: Charles R. Boswell City Manager Fort Worth, Texas Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the repair of H.M.A.C. and Portland Cement Concrete pavements from 2-9 inches in thickness, concrete pavements from 5- 7 inches, brick paving, curb and gutter, sidewalk and all incidental work necessary to provide a complete and serviceable project designated as: UTILITY CUT REPAIR CONTRACT 2005 Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Engineering Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: UNIT 1 (Cuts less than 200 square feet) Items 1-14 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 700 S.Y. 2-Inch HMAC Pavement; Per Square Yard: gtcpa Dollars �r, and s-10 Cents $ i8t $ I z)loo 2. 100 S.Y. 3-Inch HMAC Pavement, Per Square Yard: /5ctot--Te-eid Dollars a, and 0-11) Cents $ le $ i 8 co - 3. 100 S.Y. 4-Inch HMAC Pavement, Per Square Yard: ee-te.04 je-e." Dollars p�, and 40 Cents $ J $ II800 4. 100 S.Y. 5-Inch HMAC Pavement, Per Square Yard: Et&ALTAR.-/ Dollars pn and "Jo Cents $ 6?-4") $ I SOO 5. 700 S.Y. 6-Inch HMAC Pavement, Per Square Yard: Dollars o and /00 Cents $ $ 1 lPl C°D 6. 100 S.Y. 7-Inch HMAC Pavement, Per Square Yard: Dollars o=- and 4-Le) Cents $ 20 $ 2000 ._ B-2 7. 100 S.Y. 8-Inch HMAC Pavement, Per Square Yard: / e.Dollars �� and t k Cents $ 20' $ Z UO �� 8. 100 S.Y. 9-Inch HMAC Pavement, Per Square Yard: Dollars and �U, Cents $ Z - $ 2 coo° 9. 100 S.Y. 5-Inch Reinforced Concrete Pavement Per Square Yard: Jetted Tte,J Dollars $ (&°- $ 1 )' OO — and d-IO Cents 10. 700 S.Y. 6-Inch Reinforced Concrete Pavement Per Square Yard: efcoi ed Dollars $ 1 5 of $ � ('4Y) and Cents 11. 100 S.Y. 7-Inch Reinforced Concrete Pavement Per Square Yard: and 41-16) Dollars $ Cents 12. 700 S.Y. Min. 8-Inch 2:27 Concrete Base Per Square Yard: Ay and d-<o Dollars „ cc, Cents $ *.51' J $ 3( ,Coo 13. 100 S.Y. Min. 5-Inch Reinforced Concrete Base Per Square Yard: t9c Awry /1=,at Dollars $ ` 5 $ `f �1 5a and d-F,) Cents B-3 1 3 14. 100 S.Y. Brick Paving Per Square Yard: eie0,4 Teel Dollars and do Cents $ I �=J $ 1 Lo ocf ' B-4 ITEM NO. UNIT 2 (Cuts >200 square feet but < 1000 square feet) Items 15-28 APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, items) 15. 700 S.Y. 16. 100 S.Y. 17. 100 18. 100 S.Y. 19. 700 S.Y. 20. 200 S.Y. including all appurtenant work, complete in place, the following 2-Inch HMAC Pavement, Per Square Yard: 4,4 reed and Jac-% 3-Inch HMAC Pavement, Per Square Yard: !'� tG•/-� re-iJ and S.Y. 4-Inch HMAC Pavement, Per Square Yard: and mac: 5-Inch HMAC Pavement, Per Square Yard: and 16JU 6-Inch HMAC Pavement, Per Square Yard: r :t , Se,Ce_d andv 7-Inch HMAC Pavement, Per Square Yard: rum'-*�4 SheI and d-v Dollars Cents Dollars Cents Dollars Cents $ Dollars Cents $ $ 24c) Dollars �o Cents $ Z 1 `X' $ 61 q Uc3 Dollars Cents $ $ 54-60°5 B-5 3 7 3 i 1 1 1 I I 21. 100 S.Y 8-Inch HMAC Pavement, Per Square Yard: Z-r�T 5�X Dollars and Cents $ $ 3Q DO 22. 100 S.Y. 9-Inch HMAC Pavement, Per Square Yard: Dollars and tr1t) Cents $ 36r9 $ 366 ) .± 23. 100 S.Y. 5-Inch Reinforced Concrete Pavement Per Square Yard: 6 w rer°r/ Dollars $ lCi`4) $ (e.) 00a and e46..) Cents 24. 700 S.Y. 6-Inch Reinforced Concrete Pavement Per Square Yard: oafs' Dollars $ (6$ and 140 Cents 25. 100 S.Y. 7-Inch Reinforced Concrete Pavement Per Square Yard: Dollars $ 4 $ 4 jfT', and �1Cents 26. 750 S.Y. Min. 8-Inch 2:27 Concrete Base Per Square Yard: e,)a— Dollars �/ �� and b�� Cents $ 6 $ `tC i6Ub -' 27. 100 S.Y. Min. 5-Inch Reinforced Concrete Base Per Square Yard: Dollars $ 54- and Cents U=9 B-6 28. 50 S.Y. Brick Paving Per Square Yard: Dollars and aim Cents $ 2 � $ 1Z.nocr B-7 1 3 a I 1 I 1 I I UNIT 3 (Cuts >1000 square feet) Items 29-42 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 29. 700 S.Y. 30. 400 S.Y. 31. 100 S.Y. 32. 100 S.Y. 33. 800 2-Inch HMAC Pavement, Per Square Yard: and 3-Inch HMAC Pavement, Per Square Yard: and o 4-Inch HMAC Pavement, Per Square Yard: and Se4exG 6v 5-Inch HMAC Pavement, Per Square Yard: and /541-% S.Y. 6-Inch HMAC Pavement, Per Square Yard: and G�> 34. 100 S.Y. 7-Inch HMAC Pavement, Per Square Yard: and /LAO Dollars Cents $ z4- $ 1 , 8D0 Dollars ,G, Cents $ i z $ �" $ ? % n" $ ZZvvtx Dollars Cents $ 2-7 $ Dollars Cents Dollars Co Cents $ Z7 Dollars Cents $ 2-7 = $ 2 700 B-8 35. 100 S.Y. 8-Inch HMAC Pavement, Per Square Yard: and 1,--4-) 36. 100 S.Y. 9-Inch HMAC Pavement, Per Square Yard: �-► �� oz-rt/ S and d-E:-) Dollars Cents $ $ 36"'' Dollars Cents $ 36") $ 36L'0 37. 100 S.Y. 5-Inch Reinforced Concrete Pavement Per Square Yard: s�ICP�? e Dollars and of a Cents 38. 700 S.Y. 6-Inch Reinforced Concrete Pavement Per Square Yard: e re-e.-1 Dollars $ l $ !f ‘.e _. and 040 Cents 39. 100 S.Y. 7-Inch Reinforced Concrete Pavement Per Square Yard: Arc--74 Dollars $ $ and B-Lc) Cents 40. 700 S.Y. Min. 8-Inch 2:27 Concrete Base Per Square Yard: _5(t.7,y r c,- Dollars �/ and - Cents $ 3Cf $ 44,100b 41. 100 S.Y. Min. 5-Inch Reinforced Concrete Base Per Square Yard: e v!L Dollars $ 5 49(' $ S4CO and . Gk) Cents B-9 42. 50 S.Y. Brick Paving Per Square Yard: Dollars and Cents B-10 UNIT 4 (All Cuts Regardless of Size) Items 43-50 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 43. 200 S.Y. 2-Inch HMAC Pavement, Per Square Yard: rt-it ems. and Frs=T1 44. 200 S.Y. 3-Inch HMAC Pavement, Per Square Yard: and 6(T/ Dollars 50 Cents $ I $ 27009 Dollars Cents $ 1361b$ 2 -10eef 45. 200 S.Y. 4-Inch HMAC Pavement, Per Square Yard: tp T Dollars �� c and �1�j Cents $ 1 & -n � $ 3 ' 46. 200 S.Y. 5-Inch HMAC Pavement, Per Square Yard: fir. ca�T�-c�1 Dollars �v and qn Cents $ t&`-' $ 3(2C0 _� 47. 200 S.Y. 6-Inch HMAC Pavement, Per Square Yard: j c�3 s c.� Dollars ��, ©o and 140 Cents $ .Z 7 - $ 64 `' 48. 200 S.Y. 7-Inch HMAC Pavement, Per Square Yard: ry .5e,fe Dollars and A -lb Cents $ 27°�' $ 5 0 0 B-1 l 49. 200 S.Y. 8-Inch HMAC Pavement, Per Square Yard: T74-i�T,' QeelE Dollars and ramie-Ti Cents $ 3 $ 50. 200 S.Y. 9-Inch HMAC Pavement, Per Square Yard: T7411,e.-T-1 and F. IFTi- Dollars Cents $ o?? B-12 1 7 t I 1 1 I UNIT 5 Items 51-77 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 51. 400 L.F. 52. 400 L.F 53. 100 S.F. 54. 150 S.F. 55. 50 S.Y. 56. 1 Ea. Curb and Gutter, Per Linear Foot: and AO Attached Curb, Per Linear Foot: 1 t:�d and 04 6-Inch Reinforced Concrete Driveway, Per Square Foot: /4 Plc and �1v Dollars co Cents $ •(.o Dollars Cents Dollars Cents 4-Inch Reinforced Concrete Sidewalk and Wheelchair Ramp, Per Square Foot: vt�C and 4-Inches Top Soil, Per Square Yard: / Ll.7cf t.i and Manhole Adjustment, Per Each: n .gip E-�%� reJ f r 77 and 6-1O $ 10' Dollars $ $ 9 Cents Dollars �x, ors Cents $ XU `— $ 1oc0 Dollars Cents $ 256 $ B-13 57 1 Ea. Valve Vault Adjustment, Per Each: F/62: T,/ Dollars and Did Cents $ 2r,�)_o 58. 50 C.Y. Washed Rock, Per Cubic Yard: 2.5n T al Dollars and lin Cents $ IC $ 59. 50 S.Y. Parking Lot Repair, Per Square Yard: ( j. eK L ,/P,1 Dollars and e1 Cents $ 2769 $ 13 man 60. 50 S.Y. 6-Inch Minimum Thickness Lime Stabilized Base, Per Square Yard: Dollars $ ® $ 1000 — and N v Cents 61. 50 S.Y. Asphalt Driveway Repair, Per Square Yard: and ` 040 62. 25 C.Y. Crushed Limestone, Per Cubic Yard: 1—be da-ri and plc 63. 10 C.Y. Class "A" Concrete (3000#), Per Cubic Yard: Dollars Cents $ 2 7 `2-c) $ Dollars Cents $ $ o`' Lite l-ivaebeJ Dollars pv $ ) $ j 4 0U and HT) Cents B-14 1 i 64. 10 C.Y. Class "B" Concrete (2500#), Per Cubic Yard: E/WI TV Dollars $ Eat) $ 0c and iJ o Cents 65. 10 C.Y. Class "E" Concrete (1500#), Per Cubic Yard: iCp47%1 Dollars $ e0v5 $ Ewe-9 and duo Cents 66. 5 C.Y. Repair Storm Drain Structures, Per Cubic Yard: rcr-L.;,4 .j✓4 Dollars Z1 oD — and B-�4% Cents $ '- $ 67. 1 Ea. Concrete Manhole Collar, Per Each: C sL..J " J Dollars cc) and 64 v Cents $ 2-6C $ 200 oa 68. 1 Ea. Manhole Inserts, Per Each: and go 69. 200 L.F. Silicone Joint Sealing, Per Linear Foot: Dollars �, a Cents $ W $ Dollars and 640 Cents $ 70. 1 Ea. Relocate Water Meter and Box, Per Each: Tom, - up_i ve 1 and d..t 71. 1 Ea. Water Meter Adjustment, Per Each: 4ac $ Dollars� Cents $ 200 — $ 2P attc. Dollars and (Aft Cents $ lw ©°i°' 72. 200 L.F. Sawcut Concrete Pavement, Per Linear Foot: l�Ze Dollars $ and t4 0 Cents 73. 50 C.Y. "Quick Set" Concrete, Per Cubic Yard: 363(° $ ( `" 1-L,„),top7L4e4 (7 Dollars $ Ze$ 62005Cts2 and /gc Cents 74. Lump Sum Utility Adjustment, Per Lump Sum: One Thousand Dollars and No Cents $ 1,000.00 $ 1,000.00 75. 620 S.F. Concrete Valley Gutter, Per Square Foot: 5e c x0 Dollars $ $ 4-73443 and 840 Cents 76. 20 Ea. Traffic Buttons, Per Each: ttc and Ito 77. 100 L.F. Pavement Striping, Per Linear Foot: Dollars $ Cents $ ! o- roc Dollars $ 3�b $ .'DO°c� and too Cents 78. 10 C.Y. Concrete Riprap, Per Cubic Yard: roe-ec. b-ti4Ped CiFr5/ and 0-10 Dollars Cents B-16 79. 20 C.Y. 6-Inch Rock Riprap, Per Cubic Yard: Tzv 1:,G�e-64 Dollars $ 2pv $0° and S10 Cents 80. 20 C.Y. 12-Inch Rock Riprap, Per Cubic Yard: l tax..ei,/,) Dollars and tq: Cents 81. 20 C.Y. Concrete Retaining Wall, Per Cubic Yard: 7 -Mt i-L.4e .(01 —i- ( Dollars $ 3Ed $ 7000Uv and )Jo Cents 82. 100 Ea. Street Use Permit, Per Each: Dollars $ 50.00 $ 5,000.00 and Cents TOTAL AMOUNT BID $ 4 3q,94' B-17 i 1 1 i 1 1 I I PART B - PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay an:t additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 365 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of bidders Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. V B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. B-18 s I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) (Seal) Date: e-/6-e5 Respectfully submitted, ti sT6Zc ue T � By: Title si Address Po f yzcy6 Ted s 7663 l Telephone: 8/7-- 55-8 B-19 FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25,000, the MNVBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (MNVBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBENVBE goal on this project is 1 8 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's MNVBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated goal: 3. Good Faith Effort and Subcontractor Utilization Form, if no M/WBE participation: 4. Prime Contractor Waiver Form, if you will perform all subcontracting/supplier work: 5. Joint Venture Form, if utilize a joint venture to met or exceed goal. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. I FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 392-6104. Rev. 5/30/03 ATTACHMENT IA Page 1 of 1 fI FORT WORTH PRIME COMPANY NAME: City of Fort Worth Subcontractors/Suppliers Utilization Form Check applicable block to describe prime C e-3 S Z �l i /O nl PROJECT NAME: t.1TiLEry C. r ZC.oS City's M/WBE Project Goal: Prime's MIWBE Project Utilization: M/W/DBE NON-MAN/DBE BID DATE —ry PROJECT NUMBER 17124:4- Izvt7c 1 3.56 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 FORT WORTH Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e , Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. ATTACHMENT 1A Page 2 of 2 Certification (check one) o SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M W c X M Subcontracting Work Supplies Purchased Dollar Amount 1 Telephone/Fax r B B R 0 B E E C T E L eV, /tiot,i, ( `s:— "v"Q/ 9 V )9124 _ re t 5P/4- ,16.1 A). A 4. �L-1ddfrJ, COO 4 35,,caoc ATTACHMENT IA Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. fade r Authorized Signature Title esgi �r a e. c.c. Company Name Telephone and/or Fax ^.io 's Printed Signature Contact Name/Title (if different) ro ((0 ZOI' Address City/State/Zip 017-- 55-61 2_50(1- E-mail Address Date ZIR Rev. 5/30/03 1 1 1 1 1 I` I I I I i C1-1 C1-1.1 C1-1.2 C1-1.3 C1-1.4 C1-1.5 C1-1.6 C1-1.7 C1-1.B C1-1.9 C1-1.10 C1-1.11 C1-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1.29 C1-1.30 C1-1.31 C1-1.32 C2-2 C2-2.1 C2-2.2 C2-2.3 C2-2.4 C2-2.5 C2-2.6 PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street INTERPRETATION AND PREPARATION OF PROPOSAL Proposal Form Interpretation of Quantities Examination of Contract Documents and Site Submitting of Proposal Rejection of Proposals Bid Security (1) C1-1 (1) C1-1 (1) C1-1 (2) C1-1 (2) Cl-1 (2) Cl-1 (2) C1-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (3) C1-1 (3) Cl-1 (3) C1-1 (3) Cl-1 (3) Cl-1 (3) C1-1 (3) C1-1 (4) Cl-]. (4) Cl-1 (4) Cl-1 (4) Cl-]. (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) C1-1 (4) C1-i (5) Cl-1 (6) Cl-1 (6) Cl-]. (6) Cl-i (6) Cl-1 C6 ) C1-1 (6) C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (3) C2-2 (3) C2-2 (3) C6-6 C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6-6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.11 C7-7.12 C7-7.13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 C8-8 C8-8.1 C8-8.2 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right -of -Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment of Relocation of Public Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section of Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract due to National Emergency Suspension of Abandonment of the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Onwer Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement of Quantities Unit Prices (3) C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 (3) (4) (4) (5) (6) (8) C6-6 (8) C6-6 (10) C6-6 (10) C6-6 (10) C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 C7-7 C7-7 Cl-, C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 (1) (1) (1) (2) (2) (3) (4) (4) (4) (5) (6 ) (6) C7-7 (7) C7-7 C7-7 C7-7 C7-7 (7) (9) (10) (13) C8-8 (1) C8-8 (1) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1„? 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) PART B - PROPOSAL (Sample') PART C - GENERAL CONDITIONS (CITY) (Developer) PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT (Sample) (Sample) White White Canary Yellow Brown Green El -White E2-Golden Rod E2A-White Blue White White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (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 B - PLANS (Usually bound separately) C1-1 (1) 1 i i i i i faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified 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) 1. New Year's Day 2. M. L. King, Jr. Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Thanksgiving Friday 8. Christmas Day 9. Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on 'working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. 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. - Testing Materials Mono.- AWWA - American Water Works • - Association R - ASA - American Standards Association I.D. - HI - Hydraulic Institute Asph. Ave. Blvd. CI CL GI Lin. lb. MB Max. - Asphalt - Avenue - Boulevard - Cast Iron - Center Line Galvanized Iron Linear or Lineal Pound - Manhole - Maximum C1-1 (5) Elev.- F - C In. - Ft. - St. - CY - Yd. - SY - L.- D.I. - IMO Minimum Monolithic Percentum Radius Inside Diameter O.D. - Outside Diameter Elevation Fahrenheit Centigrade Inch Foot Street Cubic Yard Yard Square Yard Linear Foot Ductile Iron 1 SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10•) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which are to be.received. The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2(1) 1 i i 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 discrepancybetween the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a 'Proposal Security' of the character and in the amount indicated in the "Notice to Bidders' and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2 (3 ) 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 DISOUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part 'A' - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman -owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph CB-B.10. c. PAYMENT BOND: A. good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest.version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current O.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) certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub -contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub -contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub -contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY. INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above -mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers !General Contractor's Liability for acts of sub -contractors). 2. Blasting, prior.to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same) . 4. Damage to underground utilities for $500,000. C3-3 (5) City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth -Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth -Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) 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 9UANTITIES: 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) 1 1 suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be' paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractorshall 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) 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). 6. Final inspection. C4-4 (5) 1 1 FART C — GENERAL CONDITIONS C5—S CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY NITH PLANS: The finished project in all cases shall conform with lines, grades, cross -sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5 (1) • 7:'4� a. Icy r n adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar -day or on a working -day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed., well heated, air conditioned, lighted, and weather-proof., so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. C5-5 (3) i i 1 1 1 l t i 1 C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5.11 SUBSTITUTE MATERIALS OR E9UIPMENT: 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) ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, 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. C5-5 (7) 1 1 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. Be 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. C5-5 (9) PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES( MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitablelegal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade -marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trade -mark or copy right in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6 (1) gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be C6-6 (3) The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works department, Signs and Markings Division (phone number 8780-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent'sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The' Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in C6-6 (5) every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof on the part of the Contractor, be 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) in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. Theclaim 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) 1 i received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. • C6-6.17 USE OF A SECTION OR PORTION OF TEE 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. C6-6.16 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) Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 (13) PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workman under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the 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 TEE 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) otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in C1-1.23 'WORKING DAY' or the date stipulated in the "WORD ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the proceeding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. C7-7 (3) any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 C7-7 (5) i that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. C7-7) '7 ) consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time,. exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of 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) u a. the fabricat.d or unFabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and guality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. C7-7 (11) 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. E. 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) PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-B.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 unforesee,i defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 (1) him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves 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) 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. CB-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, 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. CS-8 (5) c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 06/04/03 SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE,: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. Revised 09/30/02 Pg. 1 D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6- 6 (8), is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F INCREASED OR DECREASED QUANTITIES: Part C - General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: 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 as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Revised 09/30/02 Pg. 2 Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL INSURANCE REQUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance { policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract 1 administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. Revised 09/30/02 Pg. 3 j. Contractors insurance policies shall each be endorsed to provide that such insurance is primary protection and any sel-limed or a3mrnercial coverage maintained by City shall not be called upon to contrlb.ie to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents, C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8- 8(1) is deleted in its entirety and replaced with the following: 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 which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the wont, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to thefinal 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, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. Revised 09/30/02 Pg. 4 1 fl C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: 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 pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C - General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non - consideration are opened and publicly read aloud, the proposals for which non - consideration requests have been properly filed may, at the option of the Owner, be returned unopened. Revised 09/30/02 Pg. 5 C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing 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 K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of 'the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. Revised 09/30/02 Pg. 6 i i i J (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: 1. 50 copies and under - 10 cents per page 2, More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter M. SITE PREPARATION: The Contractor shall clear rights -of -way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C - General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Revised 09/30/02 Pg. 7 Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or 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 thee (3) years. P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02) pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Revised 09/30/02 Pg. 8 PART D - SPECIAL CONDITIONS ITEM TABLE OF CONTENTS D-1 GENERAL D-2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW D-3 EXISTING UTILITIES AND IMPROVEMENTS D-4 TRAFFIC CONTROL D-5 ZONING COMPLIANCE D-6 WATER FOR CONSTRUCTION D-7 WASTE MATERIAL D-8 PROJECT CLEANUP AND FINAL ACCEPTANCE D-9 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES D-10 PROJECT DESIGNATION SIGN D-11 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT D-12 2:27 CONCRETE D-13 TRENCH EXCAVATION, BACKFILL, AND COMPACTION D-14 TRENCH PAVEMENT (PERMANENT) REPAIR FOR UTILITY CUTS D-15 DISPOSAL OF SPOIL/FILL MATERIAL D-16 MECHANICS AND MATERIALMEN'S LIEN D-17 SUBSTITUTIONS D-18 SAMPLES AND QUALITY CONTROL TESTING D-19 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) D-20 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES D-21 PROTECTION OF TREES, PLANTS AND SOIL D-22 SITE RESTORATION D-23 TOPSOIL, SODDING, SEEDING & HYDROMULCHING D-24 SPRINKLING FOR DUST CONTROL D-25 TRAFFIC BUTTONS D-26 WAGE RATES D-27 AIR POLLUTION WATCH DAYS D-28 FEE FOR STREET USE PERMITS AND RE -INSPECTIONS 10/27/04 SC-1 PART D - SPECIAL CONDITIONS FOR: UTILITY CUT REPAIR CONTRACT 2005 FORT WORTH, TEXAS DOE PROJECT NO. 4686 WATER DEPARTMENT PROJECTS NO. P264-541200-601170013583 D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Contract Documents 3. Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated above. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes. Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with latest revisions, are made a part of the General Contract Documents for this project. The Plans, these Special Contract Documents and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturers name, or identification include therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre - qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work. This contract and project, where applicable, may also be governed by the two following published specifications, except as modified by these Special Provisions: 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRAL TEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, F or :Wotthi ^ 10/27/04 SC-2 PART D - SPECIAL CONDITIONS Texas 76102. The specifications applicable to each pay item are indicated by the call -out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non -responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102. B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all -proposals not requested for non - consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. D-2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 10/27/04 SC-3 PART D - SPECIAL CONDITIONS 3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known„ of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 10/2U04 SC-4 PART D - SPECIAL CONDITIONS I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 10/27/04 SC-5 PART D - SPECIAL CONDITIONS The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". D- 3 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support, protection or 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 are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in 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 10/27/04 SC-6 PART D - SPECIAL CONDITIONS 1 J J making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of the utilities involved and from evidences found on the ground. D- 4 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817) 871-8770, at the pre -construction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will beain in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above -referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The cost of the traffic control is subsidiary work and no other compensation will be allowed. D- 5 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. D- 6 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. 10/27/04 SC-7 J PART D - SPECIAL CONDITIONS D- 7 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D- 8 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway, right- of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth Department of Engineering shall give final acceptance of the completed project work. D- 9 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage -type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCORE) who will erect temporary mechanical barriers, de - energize the lines, or raise or lower the lines. The work done by the power company shall 10/27/04 SC-8 PART I) - SPECIAL CONDITIONS not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCORE, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the ONCORE company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D- 10 PROJECT DESIGNATION SIGN Project signs are required at all locations which will be under construction more than 30 calendar days. It shall be in accordance with the attached figure. The signs may be mounted on skids or posts. The Engineer shall approve the exact locations and methods of mounting. In addition to the 4' x 8' project signs, project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance with Figure 30, except that they shall be 1'-0" by 2'-0" in size. The information box shall have the following information: For Questions on this Project Call: (817) 871-8306 M-F 7:30 am to 4:30 p.m. or (817)871-8300 Nights and Weekends Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D- 11 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances required, shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair. D- 12 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this call- 10/27/04 SC-9 PART D - SPECIAL CONDITIONS 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- 13 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. 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 loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights -of -way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back -fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: • Less than 10% passing the #200 sieve • P.I. = 10 or less Additionally, the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size % Retained 1" 0-10 1/2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 All other provisions of this section shall remain the same. 10/27/04 SC-10 PART D - SPECIAL CONDITIONS 3. TRENCH COMPACTION: 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 (A.S.T.M. D698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. The 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 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) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. D- 14 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS 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 Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 2000-1 through 2000-3. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with 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 HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. 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. D- 15 DISPOSAL OF SPOIUFILL MATERIAL 10/27/04 SC-11 PART D - SPECIAL CONDITIONS f� Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary Engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering Department, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section. D-16 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. D- 17 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub -section as related to "substitutions" shall be applicable to all sections of these specifications. --' D-18 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. B. Tests of the design concrete mix shall be made by the contractor's laboratory at Ipast_.pjne days prior to the placing of concrete using the same aggregate, cement, and mo 10/27/04 SC-12 ',c'�LGSU q fI�o ''✓J` 11 ?/E o PART D - SPECIAL CONDITIONS are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. C. Quality control testing of in -place material on this project will be performed by the city at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D- 19 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled -hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible -earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible -earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution -control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil -erosion -control measures shall be performed as directed by the Engineer. 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 10/27/04 SC-13 PART D - SPECIAL CONDITIONS 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. I3. 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. 4. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumen, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. D- 20 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays. The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. .� D- 21 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than existed prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights -of -Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall 10/27/04 SC-14 PART D - SPECIAL CONDITIONS be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D- 22 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus minus one -tenth (0.1) of a foot. D- 23 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community Services Department Specifications for Topsoil, Sodding and Seeding. 1. TOPSOIL DESCRIPTION: This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material, in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways. 2. SODDING DESCRIPTION: Sodding will consist of furnishing and planting Bermuda, Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces, in median strips, on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for sodding are Prairie and 609. MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots. SC-15 PART D - SPECIAL CONDITIONS The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling, and planting. Sod material shall be kept moist from the time it is dug until planted. When so directed by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating. Sod material shall be planted within three days after it is excavated. CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross -sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described. Sodding shall be either "spot" or "block"; either Bermuda, Buffalo or St. Augustine grass. Si a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded. In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade. Holes of equivalent depth and spacing may be used instead of furrows. The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces. b. Block Sodding. At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding shall be filled with additional sod and tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass. Surfaces of block sod, which, in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil, shall,. upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, sufficiently close to hold the block sod firmly in place. When necessary, the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun. Any excess dirt from planting operations shall be spread I uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance. The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth. 3. SEEDING 10/27/04 SC-16 PART D - SPECIAL CONDITIONS Li DESCRIPTION: "Seeding" will consist of preparing ground, providing and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications. MATERIALS: a. General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of seed, and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germination: Common Name Purity Common Bermuda Grass 95% Annual Rye Grass Tall Fescue 95% Western Wheatgrass 95% Buffalo Grass Varieties Top Gun Cody 95% 95% 95% Table 120.2.(2)a. URBAN AREA WARM -SEASON SEEDING RATE (lbs.); Pure Dates Feb 1 to May 1 (Eastern Sections) Bermudagrass 40 Buffalograss 60 (Western Sections) Buffalograss 80 Bermudagrass 20 Total: 100 Total: 100 Germination 90% 95% 90% 90% 90% 90% Live Seed (PLS) Mixture for Sandy Soils (All Sections) Bermudagrass 60 Buffalograss 40 Total: 100 Table, 120.2.(2)b TEMPORARY COOL -SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates Aug 15 to May 1 (All Sections) Tall Fescue Western Wheatgrass Annual Rye 50 _ 50 50 Total: 100 CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross -sections shown on the Drawings and as provided for in other items of this 10/27/04 SC-17 PART D - SPECIAL CONDITIONS Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described. a. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed. b. Finishing. Where applicable, the shoulders, slopes, and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun. BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. "Finishing" as specified in Section D-45, Construction Methods, is not applicable since no seed bed preparation is required. DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. The seed, or seed mixture, specified shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand rather than by mechanical methods, seed shall be raked or harrowed into the soil to a depth of approximately one -eight (1/8) inch. The planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING: The soil over the area shown on the Drawings, or as directed to be seeded, shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D- 45, Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened. After the watering, when the ground has become sufficiently dry to be loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified uniform rate of application for both is obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one -quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks. In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. 10/27/04 SC-18 PART D - SPECIAL CONDITIONS The application of asphalt shall follow the last watering as rapidly as possible. Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings, or if Drawings are not included, then MS-2 shall be used. Applications of the asphalt shall be at a rate of three -tenths (0.3) gallons per square yard. It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth. RE -SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120.2(2)a. The re -seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit -seeding equipment will be able to cut through the turf and achieve adequate soil penetration. * Slit -seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4. HYDROMULCH SEEDING: If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis of 16-20-0 or 16-5-8 or having the analysis shown on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists. In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration. Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS: When an item for fertilizer is included in the Drawings and proposal, pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry and in good physical condition. Fertilizer that is powdered to caked will be rejected. Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. 10/27/04 SC-19 PART D - SPECIAL CONDITIONS Unless otherwise indicated on the Drawings, fertilizer shall be applied uniformly at the average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topsoils secured from borrow sources. Acceptable material for "Seeding" will be measured by the linear foot, complete in place. Acceptable material for "Sodding" will be measured by the linear foot, complete in place. Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding. PAYMENT: All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below), loading, hauling, placing and furnishing all labor, equipment, tools, supplies, and incidentals necessary to complete work. All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly. "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard, complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping; for all watering; for disposal of all surplus materials; and for all materials, labor, equipment, tools and incidentals necessary to complete the work, all in accordance with the Drawings and these Specifications. The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified, as the case may be, which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding. D- 24 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this contract. D- 25 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be considered a subsidiary item. In the event that the contractor prefers for the Signals, Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings, 10/27/04 SC-20 PART D - SPECIAL CONDITIONS the contractor shall contact SSMD at (817) 871-8770 and shall reimburse SSMD for all costs incurred, both labor and material. No additional compensation shall be made to the contractor for this reimbursement. D- 26 WAGE RATES The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any Subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached) D-27 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. D-28 FEE FOR STREET USE PERMITS A fee for street use permits is in effect. The fees are as follows: 1. The street permit fee is $50.00 per permit with payment due at the time of permit application. The unit price bid for this item shall be full compensation for all materials, labor, equipment, and incidentals necessary to obtain the permit. 10/27/04 SC-21 Date: (To be printed on Contractor's Letterhead) DOE No: 3176 PROJECT NAME:Main C1C4B Sanitary Sewer Drainage Area Part 15 MAPSCO LOCATION: 76L LIMITS OF CONST.: West of 9th Avenue along FWWR between Rosedale and Oleander Estimated Duration of Construction on your Street : <XX> days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL REHABILITATE SEWER LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL., Ei J .I CLASSIFICATION PART D - SPECIAL CONDITIONS CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter (Rough) $13.64 Concrete Finisher -Paving $10.16 Concrete Finisher Helper (Paving) $9.70 Concrete Finisher -Structures $13.44 Flagger $7.00 Form Builder -Structures $13.44 Form Setter -Paving & Curbs $10.25 Form Setter -Structures $9.75 Laborer -Common $7.64 Laborer -Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $11.52 Front End Loader (2 1/2 CY & less) $9.94 Front End Loader (over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator (Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant -Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self -Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter (Paving) $9.75 Truck Driver -Single Axle (Light) $8.00 Truck Driver -Tandem Axle Semi -Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver -Transit Mix $10.63 Truck Driver -Winch $9.80 J 10/27/04 SC-23 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-1 REPLACEMENT OF CONCRETE CURB AND GUTTER DA-2 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) DA-3 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL DA-4 ROCK RIPRAP - GROUT - FILTER FABRIC DA-5 CONCRETE RIPRAP DA-6 PAVEMENT REPAIR IN PARKING AREA DA-7 H.M.A.C. MORE THAN 9 INCHES DEEP DA-8 ASPHALT DRIVEWAY REPAIR DA-9 TOP SOIL DA-10 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT DA-11 BID QUANTITIES DA-12 WORK IN HIGHWAY RIGHT OF WAY DA-13 CRUSHED LIMESTONE (FLEX -BASE) DA-14 OPTION TO RENEW DA-15 NON-EXCLUSIVE CONTRACT DA-16 CONCRETE VALLEY GUTTER DA-17 TRAFFIC BUTTONS DA-18 PAVEMENT STRIPING DA-19 H.M.A.C. TESTING PROCEDURES DA-20 SCOPE OF WORK (UTIL. CUT) DA-21 CONTRACTOR'S RESPONSIBILTY (UTIL. CUT) DA-22 CONTRACT TIME (UTIL. CUT) DA-23 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) DA-24 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) DA-25 LIQUIDATED DAMAGES (UTIL. CUT) DA-26 PAVING REPAIR EDGES (UTIL. CUT) DA-27 CLEAN-UP (UTIL. CUT) DA-28 PROPERTY ACCESS (UTIL. CUT) DA-29 SUBMISSION OF BIDS (UTIL. CUT) DA-30 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) DA-31 CONCRETE BASE REPAIR FOR UNIT II & UNIT III (UTIL. CUT) DA-32 2 TO 9 H.M.A.C. PAVEMENT (UTIL. CUT) DA-33 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) DA-34 MAINTENANCE BOND (UTIL. CUT) DA-35 BRICK PAVEMENT (UTIL. CUT) DA-36 LIME STABILIZED SUBGRADE (UTIL. CUT) DA-37 CEMENT STABILIZED SUBGRADE (UTIL. CUT) DA-38 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) DA-39 "QUICK -SET" CONCRETE (UTIL. CUT) DA-40 UTILITY ADJUSTMENT (UTIL. CUT) DA-41 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) DA-42 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) DA-43 CONCRETE CURB AND GUTTER (UTIL. CUT) DA-44 PAYMENT (UTIL. CUT) DA-45 ASPHALT -ONLY REPAIRS ASC-1 J PART DA - ADDITIONAL SPECIAL CONDITIONS DA-1 REPLACEMENT OF CONCRETE CURB AND GUTTER These provisions require the contractor to remove all failed existing curb and gutter, as designated by the Construction Engineer, and replace with standard concrete curb and gutter, laydown curb and gutter, or in like kind, as governed by the standard City Specifications, Item No. 104 "Removing Old Concrete", Item No. 502 "Concrete Curb and Gutter", of the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction and appropriate details. Contractor shall saw cut the curb and gutter and pavement as needed prior to removal. The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-2 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) The following specifications are for the furnishing and placing of reinforced concrete pavement or base as shown on detail and as directed by the Engineer. A. GENERAL: Reinforced concrete pavement or base shall conform to Specification Item No. 314 herein except for finishing and curing. B. FINISHING: The reinforced concrete shall be brought to a uniform surface by working with a wooden float. The surface shall be flush with the adjacent pavement and shall have a finish similar to the surrounding pavement. The surface shall be even and shall provide a smooth ride. C. CURING: The reinforced concrete pavement surfaces shall be sprayed uniformly with a membrane curing compound conforming to the requirements of ASTM C-309, Type 2, white -pigmented compound, which shall not produce permanent discoloration of the concrete. Concrete shall be allowed to cure for seven days or test cylinders reach 3000 psi before removal of barricades. D. EXECUTION: Included in this item will be the removal of the existing reinforced concrete pavement. The existing pavement shall be sawed so as to maintain an even, straight pavement cut. The existing reinforcing steel at sawed line and construction joints shall be lapped 18 inches with the new reinforced concrete pavement. The existing steel shall be thoroughly cleaned before lapping. The following work method will be performed on each utility cut: 1. Place safety signs, barricades and/or other warning devices where necessary and as required. 2. Replace pavement to nearest joint. ASC-2 PART DA - ADDITIONAL SPECIAL CONDITIONS Mark out the damaged area with keel, chalk line or paint being sure to include all areas requiring repair. 4. Saw cut along marked lines a minimum of two (2) inches deep. 5. Remove existing concrete. 6. Form joints and place reinforcing steel and Dowel Bars (as required) according to standard specifications. 7. Place and finish concrete. 8. Clean up job site, removing all debris. 9. Maintain traffic control devices to protect the area until the concrete has cured seven days or concrete reaches 3000 psi compressive strength. E. PAYMENT: Payment shall be made at the unit price per linear foot as shown on the proposal and shall be full compensation for furnishing all labor, materials, equipment tools and incidentals necessary to complete the work. DA-3 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL A. GENERAL: This item has been established for the loading, transportation and disposal of contaminated soils in a State of Texas approved disposal site (landfill) to handle special wastes (petroleum contaminated soils). A bid item has been established in the proposal for the proper loading, transportation and disposal of the material to a designated site and the quantity established is the engineers best estimate of the quantity that may be removed. This quantity may vary depending upon actual conditions and testing results. The unit price bid will not be increased regardless of the actual amount of material disposed and may be decreased if a larger volume of material, than that listed in the bid proposal, results in a unit cost reduction for disposal. B. WASTE MANIFESTS: Any and all non -hazardous liquid and petroleum substance waste removed from the site of generation and transported for treatment and/or disposal must be accompanied by a waste shipment record/manifest detailing required generator, transported, destination and waste description information. These results may not be uniform throughout the entire site. For all petroleum substance waste, the waste shipment record utilized shall be the TNRCC PETROLEUM -SUBSTANCE WASTE AFFIDAVIT (Form TWC-0332). The Contractor shall be responsible for obtaining, originating and maintaining manifests in accordance with federal and state laws. The Contractor shall sign the manifests forms as Independent Contractor to the Owner. AUTHORIZATION OF PAYMENT FOR REMOVAL TRANSPORT AND TREATMENT / DISPOSAL OF WASTES IN CONTINGENT UPON RECEIPT BY THE ENGINEER OF FULLY COMPLETED AND SIGNED MANIFEST FORMS that are in agreement with regard to the type ASC-3 PART DA - ADDITIONAL SPECIAL CONDITIONS and amount of waste removed from the site and received by the treatment/disposal facility The Contractor shall immediately resolve any manifest discrepancies. Completed Manifests shall be returned to the City Department of Environmental Management within 90 days of shipment. C. MEASUREMENT AND PAYMENT: I DA-4 ROCK RIPRAP - GROUT - FILTER FABRIC A. GENERAL: Payment for this item shall be made per in place cubic yard of contaminated soils that are loaded, transported and disposed of in an approved special disposal site. No separate payment will be made for loading, transportation and disposal of contaminated ground waters collected; these costs considered subsidiary to DA-37, POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING. The proposed landfill shall be included in the Contractor's bid submittal and approved by the City of Fort Worth Department of Environmental Management prior to contract award. Contractor shall be responsible for all landfill costs, including, but not limited to landfill fees, transportation costs and landfill operator requested analytical testing and waste characterization. 1. General Conditions, Supplemental Conditions, applicable requirements of Division 1 - General Requirements and the North Central Texas Council of Governments (NCTCOG) Standard Specifications, are hereby made a part of this section. 2. This item shall govern for the installation of rock riprap of the various sizes shown on the plans. B. DESIGN CRITERIA: 1. The toe of the riprap revetment shall be entrenched in stable channel bottoms. If the channel bottom is not stable, the design shall incorporate other requirements needed to stabilize the revetment toe. 2. The channel side slope shall be as shown on the drawings. 3. Engineering filter fabric material shall be placed underneath the riprap. 4. Riprap shall extend up the bank to an elevation where vegetation will provide adequate protection. See cross sections. C. PRODUCT: 1. RIPRAP MATERIAL: Stone for riprap shall be durable and of a suitable quality to insure permanence in the structure. It shall be free from cracks, seams and other defects that would tend to increase deterioration. Rock shall be reasonably well graded between the following prescribed limits: Sieve Size (Square Mesh) ASC-4 Percent Passing PART DA - ADDITIONAL SPECIAL CONDITIONS 24" 24 inch 100 Riprap 18 inch 80-90 12 inch 45-55 6 inch 0-20 Sieve Size (Square Mesh) Percent Passing 18" 18 inch 100 Riprap 12 inch 60-85 6 inch 15-45 3 inch 0-15 2. RIPRAP WEIGHT: Weight of rock shall be one hundred fifty five pounds per solid cubic foot (min.) calculated from the bulk specific gravity (saturated surface dry). 3. FILTER FABRIC BLANKET: Approved Manufacturer 4. RIPRAP GROUTING • Supac - Heavy Grade 8NP (UV) • Trevira 011 /280 • Amoco 4553 • or Equal Heavy Grade a. FINE AGGREGATE: Fine aggregate for grouting mix shall consist of natural sand, manufactured sand, or a combination of natural and manufactured sands. The grading and uniformity of the fine aggregate shall conform to the following requirements as delivered to the mixers: Sieve Designation, U.S. Permissible Limits Standard Square Mesh Percent by Weight. Passing 3/8 in. (9.5 mm) 100 No. 4 (4.75 mm) 95 - 100 No. 8 (2.36 mm) 80 - 95 No.16(1.18mm) 55-75 No. 30 (600 urn) 30 - 60 No. 50 (300 urn) 12 - 30 No. 100 (150 um) 2 - 10 D. EXECUTION: 1. CONSTRUCTION: a. The channel side slope and the toe excavation shall be prepared to the required lines and grades. b. Filter fabric and riprap shall be placed in succession to the required thicknesses and elevations. Riprap shall be hand placed around structures to prevent damage to the structures. ASC-5 PART DA - ADDITIONAL SPECIAL CONDITIONS 2 INSTALLATION OF THE FILTER FABRIC (GEOTEXTILE): The geotextile shall be placed in the manner and at the locations shown on the drawings. At the time of installation, the geotextile shall be rejected if it has defects, rips, holes, flaws, deterioration or damage incurred during manufacture, transportation or storage. The surface to receive the geotextile shall be prepared to a relatively smooth condition free of obstructions, depressions, debris, and soft or low density pockets of material. Erosion features such as rills, gullies, etc. must be graded out of the surface before geotextile placement. The geotextile shall be placed with the long dimension perpendicular to the centerline of the channel and laid smooth and free of tension, stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum width of 24-inches of overlap for each joint. Temporary pinning of the textile to help hold it in place until the rock riprap is placed. The temporary pins shall be removed as the riprap is placed to relieve high tensile stress which may occur during placement of material on the geotextile. The specified placement procedure requires that the length of the geotextile be greater than the actual slope length. The Contractor shall adjust the actual length of the geotextile used based on initial installation experience. The geotextile shall be protected at all times during construction from contamination by surface runoff and any geotextile so contaminated shall be removed and replaced with uncontaminated geotextile. Any geotextile damaged during its installation or during placement of riprap shall be replaced by the Contractor at no cost to the Owner. The work shall be scheduled so that the covering of the geotextile with a layer of the specified material is accomplished within seven (7) calendar days after placement of the geotextile. Failure to comply shall require replacement of geotextile. The geotextile shall be protected from damage prior to and during the placement of rock riprap. Before placement of gabion units, the Contractor shall demonstrate that the placement technique will prevent damage to the geotextile. In no case shall any type of equipment be allowed on the unprotected geotextile. 3. RIPRAP PLACEMENT: Stone for riprap shall be placed on the filter fabric blanket in such a manner as to produce a reasonably well graded mass of rock with the minimum practicable percentage of voids and shall be constructed within the specified tolerance to the lines and grades shown on the drawings. Then intent of these specifications is to require placement of riprap to the thickness shown and to allow isolated stones to extend as much as six inches above grade. Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the fabric. The larger stones shall be well distributed and the entire mass of stones in their final position shall conform to the gradation specified hereinbefore. The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. The desired distribution of the various sizes of stones throughout the mass shall be obtained by selective loading of the material at the quarry or other source, by controlled dumping of successive loads during final placing, or by other methods of placement which will produce the specified results. Rearranging of individual stones, by mechanical equipment or by hand will be required to the extent necessary to obtain a reasonably well graded distribution of stone specified above. The Contractor shall maintain the riprap protection until accepted. Any material displaced by any cause shall be replaced at his erosion to the lines and grades shown on the Drawings. 4. GROUT PLACEMENT: Grout shall be composed of cement, water and air -entraining admixture and sand mixed in the proportions of 1 part of Portland cement to 3 parts of sand, sufficient water to produce a workable mixture, and that amount of admixture which will entrain sufficient air to produce durable grout, as determined by the ENGINEER. Sand for grouting shall conform to the requirements of paragraph: FINE AGGREGATE. The grout shall be mixed in a concrete mixer in the manner specified for concrete except that the time of mixing shall be increased to that ASC-6 PART DA - ADDITIONAL SPECIAL CONDITIONS i I i i i necessary to produce a mixture having a consistency such as to permit gravity flow into the interstices of the riprap with the help of limited spading and brooming. The grout shall be used in the work within a period of one (1) hour after mixing. Retempering of ground will not be permitted. Riprap shall not be grouted when the ambient temperature is below 35 degree F. or above 95 degrees F. unless approved by the ENGINEER in writing; nor when the grout, without special protection, is likely to be subjected to freezing temperatures before final set has occurred. Prior to grouting, all surfaces of riprap shall be wetted. The riprap shall be grouted in successive longitudinal strips, approximately 10 feet in width, commencing at the lowest strip and working up the slope. Grout shall be brought to the place of final deposit by approved means, and in no case will grout be permitted to flow on the riprapped surface a distance in excess of 10 feet. Immediately after dumping the batch of grout, it shall be distributed over the surface of the strip by the use of brooms and the grout worked into place between stones with suitable spades, trowels, or vibrating equipment. As a final operation, the grout shall be removed from the top surfaces of the upper stones and from pockets and depressions in the surface of the stone protection. After completion of any strip as specified, no workman or any load shall be permitted on the grouted surface for a period of at least 24 hours. The grouted surface shall be protected from rain, flowing water, and mechanical injury. The surface of all grouted riprap shall be cured by keeping the surface continuously wet for a period of not less than 7 days. E. MEASUREMENT AND PAYMENT STONE RIPRAP: Stone (rock) riprap will be measured by the cubic yard using actual plan dimensions. Payment for riprap will be made at the contract unit price per cubic yard, which includes all plant, labor, material, grout, filter fabric, and installation costs in -place, complete. DA-5 CONCRETE RIPRAP 1 GENERAL: The following shall govern the furnishing and placing of concrete riprap as shown on the plans or as directed by the Engineer. 2 MATERIALS: Concrete for riprap shall be placed in accordance with the details and to the dimensions shown on the plans or as established by the Engineer. Unless otherwise shown on the plans, concrete riprap shall be reinforced using wire or bar reinforcement. The concrete shall be 3000 PSI at 28 days, Class A. Wire reinforcement shall be six (6) by six (6) inch No. 6 plain electric welded reinforcing fabric or its equal. A minimum lap of six (6) inches shall be used at all splices. At the edge of the riprap, the wire fabric shall not be less than one (1) inch, no more than three (3) inches from the edge of the concrete and shall have no wire projecting beyond the last member parallel to the edge of the concrete. Reinforcement shall be supported properly throughout the placement to maintain its position equidistance from the top and bottom surface of the slab. If the slopes and bottom of the trench for toe walls are dry and not consolidated properly, the Engineer may require the entire area to be sprinkled, or sprinkled and consolidated before the concrete is placed. All surfaces shalt be moist when concrete is placed. ASC-7 PART DA - ADDITIONAL SPECIAL CONDITIONS After the concrete has been placed, compacted, and shaped to conform to the dimensions shown on the plans, and after it has set sufficiently to avoid slumping, the surface shall be finished with a wooden float to secure a reasonably smooth surface. 3. PAYMENT: Payment for concrete riprap in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used. Bid price will be full compensation for placing all materials, and for all labor, tools, equipment, and incidentals necessary to complete the work. Payment for all necessary excavation below natural ground, and bottom or slope of the excavated channel will be included in the bid price. DA-6 PAVEMENT REPAIR IN PARKING AREA The unit price bid under appropriate BID ITEM(S) of the Proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with crushed limestone base material, compacted and level with the finished adjacent surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. DA-7 H.M.A.C. MORE THAN 9 INCHES DEEP When H.M.A.C. greater than 9 inches in depth is encountered, it shall be replaced with a combination of H.M.A.C. and 2:27 concrete base, as determined by the Engineer, to achieve the required thickness of pavement. DA-8 ASPHALT DRIVEWAY REPAIR At locations where H.M.A.C. driveways are encountered, such driveways shall be completely replaced for the full extent of utility cut with H.M.A.C. equal to or better than the existing driveway. DA-9 TOP SOIL Where directed by the Engineer, top soil shall be applied in accordance with the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction, Item 116, except as follows: All labor, equipment, tools and incidentals shall be included in the square yard bid price for the top soil. ASC-8 J i PART DA - ADDITIONAL SPECIAL CONDITIONS DA-10 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT This item shall include raising or lowering an existing meter box to the parkway grade specified No payment will be made for adjusting existing boxes which are within 0.001 feet of specified parkway grade. The unit price bid shall be full and sufficient payment for all labor, equipment and materials used in the adjustment of the meter box. DA-11 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. In particular, the Contractor shall be aware that it is the City's intention that the quantities in Unit I be used on an "emergency" basis only. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $400,000 (see Options to Renew) shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be not limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City bit will in not case exceed $400,000 (see Options to Renew) including all change orders. DA-12 WORK IN HIGHWAY RIGHT OF WAY When the Engineer directs the Contractor to perform work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (Tex -Dot), the Contractor shall obtain approval from the Texas Department of Transportation prior to commencing any work therein. All work performed in the Tex -Dot right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation and Item E2-29.1 "Construction Within Highway Right -of -Way" of the General Contract Documents and Specifications, effective July 1, 1978, as amended. DA-13 CRUSHED LIMESTONE (FLEX -BASE) ASC-9 i 1.3 i J a PART DA - ADDITIONAL SPECIAL CONDITIONS Crushed limestone required for use as a flexible base material shall conform to Specification Item No. 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. DA-14 OPTION TO RENEW The City has the right to renew this contract for three (3) one year terms/expenditures of $400,000 under the same terms, conditions, and unit prices. The City shall give at least sixty (60) days notice prior to the expiration of one year from the date of execution of this contract or of an option period or a like notice at such time as there is less than $20,000 left unexpended. DA-15 NON-EXCLUSIVE CONTRACT This contract is non-exclusive. During the term of this contract or any renewal hereof, the City reserves the right to advertise and award another contract for like or similar work. If a second contract is awarded, the City further reserves the right to issue work orders under either contract as it deems in its best interest, without recourse. DA-16 CONCRETE VALLEY GUTTER This item shall include the repair/replacement of existing concrete valley gutters as directed by the Engineer. The proposed valley gutters will be constructed according to the detail included in these documents as well as conforming to Specification Item No. 314 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. The unit price bid for this item shall be full compensation for all materials (including applicable sub -base), labor, equipment and incidentals necessary to complete the work. DA-17 TRAFFIC BUTTONS The Contractor shall supply all materials and labor necessary to install traffic buttons of the same type as were previously installed at locations designated by the Engineer. The buttons to be supplied shall be generally, but not limited to Type W-4 and Type II C-R4 and installed with a Type III Epoxy. The unit price bid for this item shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. ASC-10 r„ ?iUllo �S6\10 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-18 PAVEMENT STRIPING Pavement striping, whenever and wherever encountered, shall be replaced to match the existing striping or as directed by the Engineer. Materials used shall be of 420 Type intersection grade tape (in 18-inch width) such as Stamark as manufactured by 3M company or approved equal. The unit price bid for this item shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-19 H.M.A.C. TESTING PROCEDURES The contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre -Construction Conference. This design shall not be more than two (2) years old. Upon submittal of the design mix a Marshal (Proctor) will. be calculated, if one has not been previously calculated, for the use during density testing. For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the contractor is approved for placement of the asphalt. The contractor shall contact the City Laboratory, through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type "B" and for Type "D" asphalt will be 91% of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B" and "D" asphalt. Densities on type "B" must be done before Type "D" asphalt is applied. Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphalt is applied. Upon completion of the application of Type "D" asphalt additional cores must be taken to determine the applied thickness. DA-20 SCOPE OF WORK (UTIL. CUT) The work covered by these Specifications consists of the paving repair over utility cuts which have been backfilled previously by the City Water Department, as indicated by the details and possible adjacent areas damaged by blowout, etc. Included in this work will be the removal of the existing material in order to insure a paving section in conformity with existing pavement or the appropriate detail shown in this document as directed by the engineer and all other miscellaneous items of construction to be performed as outlined in the specifications, which are necessary to satisfactorily complete the work. ASC-11 PART DA - ADDITIONAL SPECIAL CONDITIONS Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. Final payment will be based on actual measured quantities and the unit price bid in this proposal. There will not be a direct payment for saw cutting the existing asphalt or concrete, compacting the existing subgrade or removal of the existing material. These items will be considered as subsidiary to the contract. The contractor will be required to maintain a capping course of hot mix -cold lay asphalt in areas where traffic has whipped out washed rock, until the paving repair can be accomplished. These items will be considered as subsidiary to the contract. The Inspector will pick up the repair tickets by 8:00 a.m. Monday through Thursday. The repair tickets will be issued to the contractor early the next day. Each repair ticket that is issued shall be completed within twenty-one (21) calendar days. The twenty-one (21) calendar days for completion of the job begins the day after the contractor receives the ticket. See special condition TIME ALLOWED FOR UTILITY CUTS. The Contractor shall identify to the Engineer possible locations for settlement of repaired pavement due to backfill of ditch by others. As directed by the Engineer, the Contractor shall remove and replace existing backfill with washed rock_ The Water Department will estimate the necessary size of the pavement repair on each ticket. Upon receipt of each ticket the Engineer shall determine, by measurement, the required size of each repair. All repair sizes shall be approved by the Engineer prior to any repair work. DA-21 CONTRACTOR'S RESPONSIBILTY (UTIL. CUT) Contractor covenants and agrees to fully perform or cause to be performed, with good faith and due diligence, and in accordance with standards common to the industry and herein set forth in these Contract Documents which is hereby incorporated and made a part of this contract, pavement repair to be ordered by the City at various times and to be performed at various places by separate repair tickets. The City may designate pavement to be repaired by furnishing to the Contractor a marked drawing, or street addresses contained in a written order or by marking in the filed by paint or other means, or by any or all combinations of said methods of designation. The Contractor agrees that no work will be performed without written authorization from the individual designated in writing by the Director of the Engineering Department. DA-22 CONTRACT TIME (UTIL. CUT) It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City as the need arises. It is further agreed that the term of this contract is three hundred sixty-five (365) calendar days from the date of execution of contract work order and no orders will be accepted by the Contractor after the contract has expired. ASC-12 PART DA - ADDITIONAL SPECIAL CONDITIONS At the end of contract the Contractor will have twenty-one (21) additional calendar days to complete work already ordered and fifteen additional calendar days to bill said work for a total of thirty-six days after contract termination to complete and bill work authorized pursuant to this contract. DA-23 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) The Contractor shall be required to furnish sufficient personnel and equipment capable of completely finishing an average of fifty (50) utility cut tickets with an aggregate average of 750 S.Y. of permanent pavement repair each week. DA-24 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) The Contractor shall assist the Engineer in measuring each pavement repair before any work is started. A repair ticket will be issued for each utility cut after measurement and twenty-one (21) calendar days beginning the day after the ticket is issued will be allowed for final completion of each utility cut. See also SCOPE OF WORK. A calendar day is any day of the week or month, Sundays or legal holidays as defined on Page C1-1 (4) Section C1-1.24 Calendar Days of Part C General Conditions. DA-25 LIQUIDATED DAMAGES (UTIL. CUT) 1 Failure to complete work on time: The Owner and the Contractor agree that it will be most difficult or impossible to ascertain the amount of damages that will be sustained by the Owner if the Contractor fails to complete the work in the allotted time, but they both agree that the Owner would sustain substantial J damages in such event. Accordingly, if the Contractor fails to complete the contract in the calendar days specified, a time charge shall be made for each working day thereafter, not as a penalty but as liquidated damages. The contractor shall pay liquidated damages of twenty-five dollars ($25.00) per day per ticket for each repair cut not completed within twenty-one (21) calendar days and liquidated damages shall end on day that repairs are completed. Should the amount otherwise due the Contractor be less than the amount of such ascertained and liquidated damages, the Contractor and his surety shall be liable to the City of such delivery. DA-26 PAVING REPAIR EDGES (UTIL. CUT) ASC-13 PART DA - ADDITIONAL SPECIAL CONDITIONS All paving repair edges shall be undamaged neat lines (by sawing or equal) and shall be parallel or perpendicular to the center line of the street. DA-27 CLEAN-UP (UTIL. CUT) I Final clean up work shall be done for this project as soon as the paving and curb and gutter has been constructed. Contractor shall remove all excess cold mix, washed rock and debris from the street in the area of the repair. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. Refer also to Page C5-5 (8) Section C5-5.17 Clean -Up of Part C General Conditions. l-� 1 DA-28 PROPERTY ACCESS (UTIL. CUT) Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. DA-29 SUBMISSION OF BIDS (UTIL. CUT) The proposal sections of this special contract document is arranged to allow the Owner to make payment based on size of repair. The Contractor is required to submit a bid on all proposals Unit I, Unit II, Unit III and IV. Unit I will generally consist of small paving repairs, less than or equal to 200 square feet. Unit II will generally consist of medium paving repairs, greater than 200 square feet and less than or equal to 1000 square feet. Unit III will generally consist of large paving repairs, greater than 1000 square feet. Unit IV will generally consist of items necessary for each size Utility Cut Repair. The total low bidder, Units I, II, Ill and IV is the apparent successful bidder. If Contractor does not bid all four Units of the proposal, the bid will be considered as "non -responsive" and will be rejected by the Engineering Department. DA-30 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) Regardless of the existing pavement type, base repair for Unit I shall be either min. 8" concrete base (see D-23, 2:27 Concrete Base) or min. 5" reinforced concrete base (see DA-2, Reinforced Concrete Pavement or Base) as directed by the Engineer. Any deviation from standard repair shall be approved by the Water Department. DA-31 CONCRETE BASE REPAIR FOR UNIT II & UNIT III (UTIL. CUT) ASC-14 PART DA - ADDITIONAL SPECIAL CONDITIONS When concrete base is required for repairs > 200 square feet in area, the base repair shall be either min. 8" concrete base (see D-23, 2:27 concrete base) or as min. 5" reinforced concrete base (see DA-2, Reinforced Concrete Pavement or Base) as directed by the Engineer. Any deviation from standard repair shall be approved by the Water Department. DA-32 2 TO 9 INCH H.M.A.C. PAVEMENT (UTIL. CUT) These items will include the furnishing and placing of H.M.A.C. surface course as directed by the Engineer. For Specifications governing Type "D" H.M.A.C. see the 1982 Texas State Department of Highways and Public Transportation, Spec. Item No. 340 "Hot Mix Asphaltic Concrete Pavement". H.M.A.C. is also covered under Spec. Item No. 312 in the Standard Specifications for Construction, City of Fort Worth. Subsidiary to the H.M.A.C. pavement shall be sawing, removal of asphaltic material, gravel and excavation as shown on the details or as directed by the Engineer. The removed surfacing shall be loaded into trucks upon removal and hauled away from the job site as directed by the Engineer. In no case shall the removed surface be stockpiled on the job site. The following work method will be performed on each utility cut: 1. Place safety signs, barricades and/or other warning devices where necessary and as required. 2. The existing asphalt pavement shall be saw cut into a square or rectangular shape and cut side faces vertically. The sawed asphalt pavement shall be a minimum of 1' outside the utility cut area. 3. Apply liquid asphalt tack to vertical faces and bottom of excavated area in a uniform manner. Do not puddle tack coat on bottom of utility cut area. Do not apply tack coat to washed rock. 4. Place H.M.A.C. surface mix in lifts not to exceed three (3) inches. Last or top lift shall not be less than two (2) inches in thickness. 5. Each lift shall be thoroughly compacted with a plate compactor or portable vibratory roller. Fifteen to twenty passes will be necessary with a vibratory roller and mix temperature above 250 F (121 C) to ensure a good compaction. Top lift when compacted shall be approximately 1/8 inch above surrounding pavement. 6. Apply liquid asphalt around edges of patch along cold joints. 7. Clean up surrounding area. Do not leave excess fill or excavated material on the pavement. 8. Remove safety signs, barricade and/or warning devices after job is complete. ASC-15 l 1 1 T 1 1 PART DA - ADDITIONAL SPECIAL CONDITIONS Payment shall be made at the unit price per S.Y. as shown on the proposal and shall be full compensation for furnishing all labor, materials, equipment tools and incidentals necessary to complete the work. DA-33 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) Contractor will be responsible for adjusting water valve boxes, manholes and vaults to match new pavement grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. DA-34 MAINTENANCE BOND (UTIL. CUT) A maintenance bond in the amount of one hundred percent (100%) of the contract amount shall be furnished for a period of two years from the date of final acceptance of the work will be required on this project. DA-35 BRICK PAVEMENT (UTIL. CUT) This item shall include: 1. Removal and salvage of existing brick pavers for the purpose of relaying, in such a manner that no damage occurs during handling of the brick. 2. Supply additional brick pavers as necessary that meets size, shape and color of existing brick, as approved by engineer. 3. Mortar bed shall be leveled to the desired elevation, as directed by Engineer and shall not be disturbed in any way. The mortar setting bed shall consist of: a. 1 part Portland cement - ASTM C150, Type 1 b. 1/4 part hydrated lime by volume - ASTM C207, Type 5 c. 3 parts damp sand - ASTM C-144 (for high -bond mortar, gradation in accordance with additive manufacturer's recommendation) d. Add water to obtain stiff mix - water shall be potable quality The dry joint filler shall consist of: a. 1 part Portland cement - ASTM C150, Type 1 b. 6 parts dry sand - ASTM C-144 c. Do not add water ASC-16 PART DA - ADDITIONAL SPECIAL CONDITIONS High bond mortar mix shall consist of. a. 1 sack Portland cement - ASTM C150, Type 1 b. 50 pounds workability additive - "A" Marble Dust by Armco Steel Corp., Piqua Quarries, or Ute Dolomite Limestone by U.S. Lime Division of Flintkote Corp., or Micro Fill No./2 by Pure Stone Co., of Marble Falls, Texas. c. 3 1/4 cubic feet of sand - ASTM C-144 d. 4 gallons of high bond additive - Sarabond Liquid Mortar Additive by the Dow Chemical Co. e. Mix with water in accordance with High Bond Additive manufacturer's recommendations Concrete surfaces to receive pavers shall be dry, clean fee of oily or waxy films and firm and level. Pavers with chips, cracks, or voids shall not be used. The setting bed mixture shall be spread and screeded to a true plane and shall be limited to that amount that can be covered with pavers before initial set. DA-36 LIME STABILIZED SUBGRADE (UTIL. CUT) Upon the direction of the Engineer, the Contractor shall provide a lime stabilized Subgrade or base in conformance with Specification Items 210 and 212 of the City of Fort Worth's Transportation and Public Works Department's Standard Specifications for Street and Storm Drainage Construction. Unless otherwise directed by the Engineer, lime shall be applied at the minimum rate of four pounds (4#) per square yard per inch depth. Payment shall be made by the square yard at the unit price bid for the quantity measured in place and shall include all labor, equipment, material, and incidentals necessary to satisfactorily complete the project. No payment shall be made for the hydrated lime as it shall be considered subsidiary to the bid price for lime stabilization. DA-37 CEMENT STABILIZED SUBGRADE (UTIL. CUT) At the direction of the Engineer, the Contractor shall stabilize the subgrade or base material with Portland Cement in conformance with Specification Item 214, Portland Cement Treatment, in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas Transportation and Public Works Department. Unless directed otherwise by the Engineer, Cement shall be applied at a minimum rate of five pounds (5#) per square yard per inch of depth. DA-38 REPAIR OF STORM DRAINI STRUCTURES (UTIL. CUT) This pay item shall apply to all storm drain structures such as inlets, manholes, headwalls, or other facilities which, in the opinion of the Engineer require repair. ASC-17 PART DA - ADDITIONAL SPECIAL CONDITIONS The Contractor shall remove and replace the tops of existing drainage structures and a portion of the walls of the structure as directed by the Engineer. The vertical reinforcing steel bars in the walls shall be cleaned of any concrete or dirt and exposed a minimum of twelve (12) inches. New steel shall be used in the reconstruction of the walls and top. No payment shall be made for manhole frames, lids, steps and other miscellaneous items of construction, as they shall be considered subsidiary to the unit price bid for Repair of Storm Drain Structures. Unless directed otherwise by the Engineer, the existing manhole frames, lids, and other miscellaneous items may be reused. Storm Drain Structure Repair shall be performed in conformance with specification Item 444, "Manholes and Inlets", and Drawing No. S-SD1 through S-SD20 of the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction and shall further apply to all storm drainage facilities of a similar design and construction. Payment for Repair of Storm Drain Structures shall be made by the cubic yard of concrete required to reconstruct the structures as well as all steel, etc. in conformance with the appropriate drawings. DA-39 "QUICK -SET" CONCRETE (UTIL. CUT) In high traffic areas where the utility cut repair must be returned to service sooner than a normal cure time will allow, the Contractor shall use concrete admixtures as outlined in Item 422, "Concrete Admixtures" or ready made mixes such as "Rapid Set" concrete mix or approved equal. Any and all 1 materials used shall conform to the above mentioned Item 422. 1 Payment for quick set concrete shall be made at the unit price bid per CY as shown on the proposal and shall be full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary Ito complete the work. JDA-40 UTILITY ADJUSTMENT (UTIL. CUT) jThis item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to utility cut repairs to water, sanitary sewer, and natural gas service lines and appurtenances including irrigation lines (sprinkler systems), etc. where such lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten ASC-18 PART DA - ADDITIONAL SPECIAL CONDITIONS percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. DA-41 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) All applicable provisions of Standard Specification Item 504 "Concrete Sidewalks and Driveways" shall apply. The Contractor shall construct standard concrete sidewalk and wheelchair ramps as shown in the details or as directed by the Engineer. Ll All concrete flared surfaces (wheelchair ramp wing or curb) shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry -shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturer's instructions. 9 Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimensions approved by the Engineer, meeting the aforementioned specification if needed. The sample, upon approval by the Engineer shall be the acceptable standard to be applied for all wheelchair ramp construction. Surface coloring shall be subsidiary to the unit price for this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution. DA-42 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) The following criteria will be used to determine the limits of concrete pavement repair for this contract: 1. The minimum size of repair for concrete shall be 5'x 5'. 2. Whenever the limits of the repair are 8 feet or less from an adjacent joint of any type, the replacement shall be extended to that joint. 3. Dummy joints shall be sawed across any panel where a construction joint intersects the panel and a joint does not exist. All new joints (construction or dummy) shall be parallel with existing joints. 4. Depending on the existing longitudinal joint spacing and the limits of the damaged pavement, the contractor may be required to extend the replacement to the halfway point of the panel. The determination shall be made by the inspector on a case -by -ease basis in order to assure uniform joint spacing. Payment for all concrete pavement repairs shall be made at the unit price bid per square yard as shown in the proposal and shall be full compensation for furnishing all labor, materials, equipment, tools, and incidentals necessary to complete the work. However, payment for sawcutting dummy joints in adjacent panels shall be made under the appropriate bid item. ASC-19 1 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-43 CONCRETE CURB AND GUTTER (UTIL. CUT) This item shall apply for the placement of concrete curb and gutter on H.M.A.C. paved streets. Specification item no. 502 of the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction shall govern this item. DA-44 PAYMENT (UTIL. CUT) Because of the unique nature of this contract, C8-8.5 PARTIAL ESTIMATES AND RETAINAGE of the General Conditions shall not apply and shall be superseded by the following: (Please initial below) Whenever the improvements prescribed by an individual Work Order have been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time, perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will recommend acceptance of the work under that particular Work Order and recommend payment therefore. If the Engineer finds that the work has not been completed as required, he shall so advise the Contractor in writing, furnishing him an itemized list of all known items which have not been completed or which are not in an acceptable condition. When the Contractor has corrected all such items, he shall again notify the Engineer that the improvements are ready for inspection, and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, an estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the Contractor after acceptance by the Water Department Director, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials under that Work Order have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under that Work Order or any act or neglect of said City relating to or connected with the Contract. The making of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. Bidder's Initials ASC-20 LJ PART DA - ADDITIONAL SPECIAL CONDITIONS DA-45 ASPHALT -ONLY REPAIRS (UTIL. CUT) At locations where the Water Department's crews have already saw -cut the paving repair edges and installed the applicable base repair (2:27 concrete, reinforced concrete, etc.) the Contractor will only be required to install the appropriate thickness of H.M.A.C. All applicable provisions governing the placing of H.M.A.C. as stated in D-31 2 to 9 Inch H.M.A.C. Pavement shall be followed. Payment shall be made at the unit price per S.Y. as shown on the proposal and shall be full compensation for furnishing all labor, materials, equipment tools and incidentals necessary to complete the work. ASC-21 2.25 1.5' 3" s- PMS 167 (COPPER) r-- PMS 288 (BLUE) , - PMS 288 (BLUE) / / I / 8'-0 " // 11 % 1 i 1 I I / / / 3" I 4'- 3" FORTWORTHYour Water Funds In Action E2-1 CONSTRUCTION I-- I.75" u 3.75" r►- PROJECT NAME o PROJECT NO. 00-00000-00/00-00000-00 $000,000.00 0 Questions on this project, call 871-8306 (Weekdays 7:30a.m.-4:30p.m.) N Questions on this project after hours, call 871-7970 After hours water and sewer emergencies, call 871-8300 Information about Fort \Worth Wastewater Program, l l 1 I1 1 I I I 1 I I I I I I 1 I I 1 1 L- WHITE 11 1-1---PMS 288 (BLUE) 1 \-- WHITE call 332-8180 f Z. 3" RADIUS CITY OF FORT WORTH, TEXAS DATE: 09-2004 PROJECT SIGN WTR-026 ExIST. H.w_A.E. ♦v W'T • LASE Es►ANSON JOINTS T U000,101• SOuAK ►E E t o/ ya .I.tf GUTTER 1EASU*EO FAO Ws -OF -Culp TO IACI-Q1-WAR RATER £XI$TI$O GUT TER TRANSITION AREA (WIDTH AS REQUIRED) "-A PLAN VIEW_ Not to Scoff An Mows ao hors than tic dvp!h cad as Isis theta 3A4'in depth will N topoirsd lw oil B'rids rolls/ foists. Ts, corrects'pa/ Os rs pyirsd to tort the pulls, wit/fr.:tit 0s/ors 14e jo0 is occolse. T'CONCACTE vALLET GUTTER 1.O'_+ TXANsiTION JJ 2/2T s' CONCRETE 'Ass RO.s 124' C-C NO.34 u'C-C ` = 7_ ITEM NO. 302 Crushed CONCALi* S33E Limestone RESIDENT!AI STREETS SECTION 'A -A' Not to Scale OIIW WT JOINTS EMT. Kit.AL. rvWY & SASE The 7 reinforced concrete volley shollreplocs the lop 7..H f Me pavement with Me remaining portion of pavement to be constructed Including subgrode treatment, in accordance with Me typical poring section. The concrete volley will be governed according to city stondorde for concrete curb and gullet; The concrete 'hell be of ivoshed and screened aggregate with a snIn. of five sock' of cement psi cubic yard of concrete with a minimum compressive strength of 3,000 pounds per square inch in seven days. CONCRETE VALLEY DETAILS ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION :XISTING CURB & GUTTER WEDGE MILL 5 FEET FOR OVERLAY 1 2"-O" • EXIS1ING HMAC • J %///////I%/Ii%�l%%/%%%%%%%%%%%%%%y%%%%%%%%�%%%%/% YIL����•��J�����';u�����,,r?!/!/11Y/!1!!!i/!!1.•%!1!/J//.!i!!!/4•'� :XISTING BASE (IF ANY) DITCH WALL NOTES 1. MATCH EXISTING HMAC PAVEMENT 2. PLACE 8" OF 2:27 CONCRETE AS SHOWN. 3. WEDGE MILL 5 FEET (2" DEEP AT THE LIP OF THE GUTTER TO 0") PRIOR TO RESURFACING AS SHOWN. RESURFACE WITH A MINIMUM 2" OF TYPE D HMAC. 4. IF EXISTING BASE IS CONCRETE, USE REINFORCED CONCRETE, AND PROPERLY TIE IN. RECOMMENDED BY , DATE: it (S� (01 GEORGE A. BEHMANESH, ASSISTANT DIRECTOR, TPW Rev. NEW HMAC SURFACE (2" MIN.) WEDGE MILL 5 FEET FOR OVERLAY I 2"-0" I ::Sir _.•,. - • • 'k',• \`0.\ "i�\21�U \fit\\\\\ \ .\.\\ s\\\\\a 5. FLOWABLE FILL IS REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS, AND OPTIONAL IN OTHER AREAS. BACKFILL SHALL MEET SPECIFIED ITEM 402 OF THE STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH PIPE TYPICAL SECTION - TRENCH REPAIR HMAC PAVEMENT FORT WORTH CITY OF FORT WORTH. TEXAS TRANSPORTATION/PUBLIC WORKS ENGINEERING DIVISION APPROVED BY HUGO MALANGA DIRECTOR, TPW EXISTING CURB & GUTTER .LL CONSTRUCTION MUST BE IN ACCORDANCE /ITH THE CITY OF FORT WORTH STANDARD :PECIFICATIONS FOR STREET AND STORM RAIN CONSTRUCTION 5' MIN. 1-4 • EXISTING BASE CIF ANY) DITCH WALL CLASS "A" REINFORCED CONCRETE PAVEMENT REPLACEMENT TO THE NEAREST JOINT OR CURB. DOWEL • e 2:27: GONCtiEtt 12" 12' ZECOMMENDED BY Aj 3EORGE A. BEHMANESH, ',SSISTANT DIRECTOR, TPW Rev. DOWEL EXISTING CONCRETE JOINT NOTES 1. FLOWABLE FILL IS REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS, AND OPTIONAL IN OTHER AREAS BACKFILL SHALL MEET SPECIFIED ITEM 402 OF THE STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH TYPICAL SECTION- TRENCH REPAIR REINFORCED CONCRETE PAVEMENT DATE: FORT WORTH (*CITY OF FORT WORTH, TEXAS TRANSPORTATION/PUBLIC WORKS ENGINEERING DIVISION EXISTING CURB & GUTTER EXISTING CONCRETE PAVEMENT • 2, REINFORCED CONCRETE PAVEMENT SHALL BE REPLACED TO ORIGINAL DEPTH OR TO A MINIMUM DEPTH OF 5" WHICHEVER IS GREATER. 3. PLACE 6" OF 2:27 CONCRETE AS SHOWN. 1" OF REINFORCED CONCRETE MAY BE SUBSTITUTED FOR EVERY 2" OF 2:27 CONCRETE .4. REINFORCEMENT OF CONCRETE MUST MEET CITY STANDARD OR MATCH EXISTING, WHICHEVER IS GREATER. APPROVED B' J *_ ''j1'1L4 - DATE:37 .. HUGO MALANGA DIRECTOR. TPW FIG 2000-2 ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION EXI&TIGUTTER B EXISTING BRICK PAVEMENT r. I V TINGrXTS CO N TN once • �r�i�i � rriirri ririiiiiiir.�a•i/lr1l�Y!\!ir'. / !I/1 rl! . 12" DOWEL DOWEL MORTAR BED SEE SPEC. I l j l l l l IP l i l I I (' NOTES: 1. REINFORCED CONCRETE BASE SHALL BE REPLACED TO ORIGINAL DEPTH OR TO A MINIMUM DEPTH OF 5" WHICHEVER IS GREATER. CONCRETE SHALL BE CLASS "A" PER CITY OF FORT WORTH STANDARD. 2.REINFORCEMENT OF CONCRETE MUST MEET CITY STANDARD . OR MATCH EXISTING, WHICHEVER IS GREATER. 3. PLACE 6" OF' 2;27 CONCRETE AS SHOWN. 1" OF REINFORCED CONCRETE MAY BE SUBSTITUTED FOR EVERY 2" OF 2:27 CONCRETE. ECOMMENDED BY: I_ D( wt�ll l DATE: Z (I S 101 ;EORGE A. BEHMANESH, kSSISTANT DIRECTOR, TPW Rev. • EXISTING BASE (IF ANY) DITCH WALL PIPE EXISTING CURB & GUTTER 1 1 12" 4. FLOWABLE FILL IS REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS, AND OPTIONAL IN OTHER AREAS BACKFILL SHALL MEET SPECIFIED ITEM 402 OF THE STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH 5. EXISTING BRICK SHALL BE REMOVED CAREFULLY TO AVOID DAMAGE.. DAMAGED BRICK IS TO BE REPLACED WITH UNDAMAGED BRICK TO MATCH ADJACENT BRICK TYPICAL SECTION -TRENCH 'REPAIR TYPICAL BRICK SURFACE & REINFORCED CONCRETE BASE FORT WORTH CITY OF FORT WORTH, TEXAS TRANSPORTAT ON/PUBLIC WORKS ENGINEERING DIVISION APPROVED HUGO MALANGA DIRECTOR, TPW DATE 3/67 Q% FIG 2000-3 EXISTING CONCRETE SHALL E SAW CUT FULL DEPTH . . DRILL AND GROUT NO.5 x 24" TIE ARS AT 24" C-C. PENATRATE MIN. 6" PTO EXISTING PAVEMENT . SPLICE NO.3 BARS TO THE NO.5 TIE BAR - IITH A MINIMUM 12" OVERLAP. AT EXPANSION JOINT USE REDWOOD XPANSION. JOINT FILLER AND NO.6 x 24" ,MOOTH DOWEL AT 24" C-C 5' MIN. CURB SAW CUT EXIST. CONC. PAVEMENT': • 1 . • • • EXIST. STEEL NO. 3 BARS © 24" C-C BOTH WAYS SAW CUT EXISTING STEEL IN PAVEMENT / SHALL BE CUT " [1 .1 1. " 4- CURB AVA KV/A ECOMMENDED BY A DATE, ZI I S. I 0 I EORGE A. BEHMANESH, SSISTANT DIRECTOR, TPW ?ev. SAWED OR CONSTRUCTED JOINT • C_ JOINT TYPIQAL PARTIAL PANEL REPLACEMENT REINFORCED CONCRETE PAVEMENT FORT WORTH CITY OF FORT WORTH, TEXAS TRANSPORTATION/PUBLIC WORKS . ENGINEERING DIVISION /A /AV JOINT DEPTH PAVEMENT JOINT THICKNESS DEPTH T- 5" 1-1/4" T- B" 1-1/2" T- 7" 1-3/4" T- 8" 2" APPROVED B � ` '•—•) DATES/ J S /6/ HUGO, MALANGA DIRECTOR, TPW FIG. 2000-4A OTES .THE FOUR SIDES OF THE CUT SHALL ;E NEATLY SAWED WITHOUT ROUGH .DGES . ANY REMAINING PAVEMENT BETWEEN ;POT REPAIRS MUST BE A MINIMUM )F 5' IN ALL DIRECTIONS. ASPHALT PAVEMENT - CURB & GUTTER SPOT REPAIR 5' MIN. UN 5' MIN. LE TYPICAL 28' WIDE PAVEMENT ECOMMENDED BY'-� a-�,,,.�.d M DATE: Zi I$ 10 EORGE A. BEHMANESH, ,SSISTANT DIRECTOR, TPW Rev. FORTWOPtTH CITY OF FORT WORTH, TEXAS TRANSPORTATION/PUBLIC WORKS ENGINEERING DIVISION 5' MIN. 5' MIN. APPROVED BYN�:.���- HUGO MALANGA DIRECTOR, TPW 25' ASPHALT 28' /hits. DATE: d/ FIG 2000-48 IOTES .THE FOUR SIDES OF THE CUT SHALL !E NEATLY SAWED WITHOUT ROUGH EDGES ANY REMAINING PAVEMENT BETt NEE ;POT REPAIRS MUST BE A MINIMUM )F 5' IN ANY DIRECTION. Long Services Short Services For area < 5'; go to curb & square off. L G) C 0 •- 3— Asphalt Concrete Replace to edge of panel where the distance between cut and edge of panel is < 5'. Long Services Short Services For area < 5'; go to curb & square off, Emergency repair. d. L Q) G) 4- C O •- l L G) N + C o • Asphalt Concrete — Replace entire panel from centerline to curb. PAVEMENT > 10 YE)ARS PAVEMENT < 10 YEARS :COMMENDED BYf/. 7 < <.ir(`1 DATE (��} (� LANK CRUMB, ;SISTANT DIRECTOR, WATER DEPT. tev. Fo RTWO II WATER DEPARTMENT CITY OF FORT WORTH, TEXAS APPROVED BY: �ye l //- 12ATE: Z 14/Q \ DALE FISSELER, DIRECTOR, WATER DEPT. FIG 2000-4w VOTES: I. PROVIDE ADEQUATE OVERLAP OF PLATE ON ASPHALT TO ASSURE NO SLIPPAGE OF PLATE AND NO COLLAPSING OF TRENCH 2. IF TRENCH LENGTH IS LESS THAN 5-FEET AND STEEL PLATES WILL BE IN PLACE LESS THAN 48 HOURS. STEEL PLATES MAY BE LACED DIRECTLY ON EXISTING ASPHALT WITHOUT MILLING. PROVIDE TEMPORARY ASPHALT TRANSITIONS EXTENDING 3-FEET BEYOND EDGE OF STEEL PLATES. COLD MIX---\ RECOMMENDED BY�JJ C.._JL4 L DATE: 2.JI I SI 0 CEORGE A. BEHMANESH, ASSISTANT DIRECTOR, TPW Rev. TRENCH EXISTING M.H. OR VALVE AT GRADE y/IN�'AVNA''' TYPE "A" PLATING STANDARD DETAIL FOR TRENCHING TYPE . 8" PLATING FORT WORTH1 STEEL PLATE TYPE "A" MUST HAVE PRIOR APPROVAL OF CITY STEEL PLATE CITY OF FORT WORTH. TEXAS TRANSPORTATION/PUBLIC WORKS ENGINEERING DIVISION APPROVED 8 HUGO MALANGA DIRECTOR, TPW MILL r FOR STEEL PLATE PACK JOINT wITH COLD MIX DATEJ�'—%O/ FIG 2000-5 1.7 ATTENTION ! CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58,59 & 60. WEEELCHAJR PS STANDARD DETAILS CITY OF FORT vORTk TEXAS - CONSTRUCTION STANDARD OCTO BER 1992 i rr ..i r mai gni MIL STREET CURB HMAC TRANSITION 9" 18" MONOLITHIC SIDEWALK CURB LINES TO BE 1/4" DEEP 14 JOINT, 3" GAP 1" R ■UYY WUU IOYI =EVALK R.O.W. ��- CURB PAY LIMIT MAX. LENGTH OF SURFACE TREATMENT GROOVE 5' FRt»I THE BACK OF CURL. EXPANSIDN MATERIAL RECESSED 1/4" AND SEALED UP/SILICONE (APPLICABLE TO ALL COLD -JOINTS) NOTES 1) FOR PARKWAY WITH ELEVATION BELOW STREET ELEVATION, THE SIDEWAUC CURB MUST BE 2" HIGHER THAN THE STREET CURB. 2) SIDEWALK CURB SHALL NOT ENCROACH ON THE PROPOSED WIDTH OF THE SIDEWALK OR RAMP. 3) FOR TYPE I RAMP MAXIMUM SIDEWALK CURB HEIGHT 0" TO 7". TYPICAL RAMP X-SECTION CITY OF FORT WORTK TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 3 CASTING CURS T -Ns4,.....40 or at tr $AVWI rat IOW rVI T LEGEND WHEELCHAIR RAMP 1. •• •...••..., ....•.• I. •: . • ,• LAYDOWN C/G It SOCtiNg SOCK IV MOP. a. \- EXISTING 15' R SCALE 1" S 5' I SIDEWALK RAMP NOTES U EXPANSION LINT MD SILICONE SEALING BEFALL K SUPIIDIARr TO UNIT PRICE )ID F It SIDCVALX. !) TIC ACTUAL LOUTS OF RCICVAL W COST- ING CURS AND GUTTER AND SIDEWALK SWILL K AS DIRECTED IT THE ENGUEER DI TIC nat. 3) IOPG.IT?aC CUR) OR FLAMED SLOPES MY K MULLED ON DOTN SIDES OF TIC RAND IXPENDDIG ON TIC FIELD CO4D1TIOi at AS DIRECTED IT THE ENGINEER. 4) OAP RAPS VITN RETURNED CURDS NAY DE USED WHERE PEDESTRIANS WOULD NIT WOOLLY VALK ACROSS TIC RA)! 5) SLOPE OF CMS RMf ANDI'(e SIDEVALK SHALL K A MXIMD4 OF 142. FLARED SIDES OF' RASP $HMJ. HAVE A WOLIN SLOPE OF Mt UNLESS PEDESTRIMeS COLD VALK ACROSS TIC RAP THEN TIC SAMIRDA RIPE SHALL DE 142 ifaatnCIC taCVKX ars flAIL1 * 1U a AJq t1N.1. K COLC10 KENN 11.3 MUM wu Cr MCP. OJOS Mc NON r CURS f, tuna VOA nit COCKit MWOff STANDARD PAY LIMIT DETAIL ' CITY OF FORT V(RT1{ TEXAS - CONSTRUCTION STANDARD OCTOBER. 1992 WR-1 ExsrrIIC an s- at •14w lir' VI w� 6" RCOLIPCI PROP. CIL EXISTING 15' R SCALE 1" = 5' I NOTE Ig SIDEWALK RAMP It SINITIMART OND fa SIDLYALK. } IOTL A M ACTLMI IDST't OF /DM* tr EzfSTNG CUIll ArH GVTTEI PAD SIKV A.X STILL l[ As INRCCICO sr MOK+IN=l+TKcoati Gam-` JOINIIPG TOOL NENUINO tWNl$Don -Vag s 2.13cONE tr.K.sG SAM Cr POOP. an FACT FRCP. ?" CUR) Dart PIG WTIEN S van' MN @ATE ►AvO T JOINT DETAIL CITY OF FORT VORTFt, TEXAS COHSiR1JCTlClN STANDAR) =�.`;',: , '`y O TOBER. 1992 ( fl - _ o4oreet Landing at Tap c(Pei Sidewalk Curb Fig. 58 •-••••••• Im • tar1 (a) Pcspeartlenlar Public Sidearm/It Custr Ramp Parallel Public Sidewalk Cart) Lump (e) Combined CTaralleljPerpczttle‘dar) ?abbe Sidewalk Cast Ramp Fig. 59 Public Sidewalk Curb Ramps ATTENTION ! CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS No30 WHERE FEASIBLE. SEE FIGS. 58,59 & 60. 14.2.6 Vehicular Ways and TadUt,lw U 0 D 0 0 Mill ■an tau■ ■.. iiii�iiiraiiii'Mr IMO O OWN 4 rKD+ndkuiv piboc Wows! OJAI tamp Peeprndeuer puDac fdd++i=lk DJ* ram M pubic tr.l enn& sell porno, M puD1k •Werwreik a a a farsaN pobk XrirsIk cubic.► a a a a CarnblnatIon putt curt ono In pubic fie.. partway two. si GO Public 814eiralk Club Ramps at Marked Crossings 7o-2151 NotpendicWar eaik eeeA I Li .. . 7-64 CoPYrOk4 O 119t 61 The krosu of kr5ond Marti PC. In ATTENTION CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58.59 & 60. TYPICAL LAYOUTS CCTV OF FORT V[RTW, TEXAS - CINSTRUCTICN STANDARD OC TOBER. 1992 VARIABLE HEIGHT CURB 1148 ad ••••••r. TYPE I EXISTING 15' R SCALE 1" = 5' PROP. 4' RAMP COLORED SURFACE VARIABLE HEIGHT CURB 1 1/2' R (TYP) CITY ar FORT VORTIrt, TEXAS - CONSTRUCTLON STANDARD OCTOBER, 1992 3 VARIABLE HEIGHT CURB • 1148 TYPE I EXISTING 20' R SCALE 1" al 5' PROP. 4' RAMP COLORED SUkFACE VARIABLE HEIGHT CURB 1 1/2' R (TYP.) CITY OF FORT VORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 COMBINATION VALK 1►48 i i TYPE I EXISTING 15' R SCALE 1" = 5' I PROP. 4' RAMP COLORED SURFACE VARIABLE HEIGHT CURB 1 1/2' R (TYP.) CITY OF FORT VORTH, TEXAS - CINSTRUCT1OH STANDARD OC T O BER. 1992 COMBINATION VALK 1148 TYPE I EXISTING R SCALE 1" = 5' PROP, 4' RAMP COLORED SURFACE CITY OF FORT VORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER. 19.92 II rasTp4 cum "II* -Nril $."31 tk°1°1"[..1 rvIrt i 3 i EXAM SACK r . a TYPE III EXISTING 15' R SCALE 1" = 5' SIDEWALK RAMP BROOM FINISH TIE-IN WHMAC IE I srxvxx CMS f�# tO.DK! IU /1:1 AS Ai PAO "OCX Cr POOP. CUPS crcptm. . 7° CUM VWT ra CC it PIKXM CITY OF FORT WORD; TEXAS - CONSTRUCTION STANDARD OC TD BER, 1992 1DUS T CURS 111 *inn ar or 2AVOJT rut 14414 3 1 :mac• % OCCIJIRCII ;141 IlAtX ar : 10100. - TYPE III EXISTING 20' R SCALE 1" it 5' PROP. RAMP t.1 BROOM FINISH TRANSITION Vslaala OAS IMCIC Of Miler. C1.112 tea MO'. r PPS Ern TVG Cue & SAT= CITY Or FCRT voRnt TEXAS - CONSTRUCTION STANDARD OCTOBC17. 1992 ecoselTrsnrAll CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS No.30 WHERE FEASIBLE., SEE FIGS. 58,59 & 60. 70:2151 14.2.6 Vehicular Ways and Taciltsss Porsztel A otINarte.sal D r .41111. U Perp•ndleadhat public _sidenek curt no. 0 a 0 Zoe* curb Anne pubic *Won& 0 0 Q BRIO ,owl O.. _.IaII'i imaima■■.■■f■.■ '`a�► 1111Buauiui■ • iino AUMO MINIM RIM loopenarieulso pArskIennilli Curt Noy In public sicknoilk a a • • o ► la pubic l r dd.aarl� wr► • . ewe of lig. 60 Public 8L4eva Y Curb Ramps at Muted Crossings 744 Covrste a ind ay The & w, or wsond Alan. VC I IS RUNNING, SLOPE t 20 max I _t WALK x RUNNING SLOPE 1.12 max CURB RAMP MITE i 11 Slope a tit . %hut r r% a'cyst pI.ee 121 Cnriiusnbpe .Putt nor a a:eed I :0 IY COUNTERSLOPE 1120 max 1 - STREET Fig. B4.7.2 Measurement of Curb Ramp Slopes NOTE: If r < .1R in 1 1 _`: nml. Ihra Ow skip, of the tlar d %K1 , Ja311 not .and 1:1:_ (a) flared Sides Fig. B4.7.5 Sides of Curb Ramps F1g. B-4.7.6 Bullt-up Curb Ramp PLANTING OR OTHER NONWALKING SURFACE (b) Returned Curb 51 MATCH EXISTING V/1$12 GRASS COLORED SURFACE SCHOOL BLDG. MATCH EXIST. -\ GRADE MATCH EXISTING 1112 1,12 / V/1112 GRADE 1112 } TYPICAL LAYOUT TYPE I GRASS CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 COLORED SURFACE GRASS COLORED f!;i I Lid SURFACE SCHOOL BLDG. , — MATCH EXISTING GRADE 1412 142 1'12 142 1112 ---a.. ,ram--- _ lelc 1112 KNN�IJ�inlll� 0" LLTrrIlO71 " OR MATCH EXIST. (TYPICAL) 10' LEADVALK VITH 4' SIDEWALK TYPICAL LAYOUT TYPE I GRASS COLORED SURFACE CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 199e Le. 1---J OIL J 3 4.11II•Rma• MATCH EXISTING V/I112 GRADE GRASS SCHOOL BLDG. MATCH EXISTING GRADE 1.112 MATCH EXISTING V/1112 GRADE Ora If1 GRASS VARIABLE CURB -TOP OF 142 012 CURB ELEVATION IS EQUAL • f TO 1/4"/1 ABOVE ST. T/C (TYPICAL) TYPICAL SECTION TYPE I COLOREp SURFACE CITY OF FORT VORTH. TEXAS - CONSTRUCTION STANDARD DCTODER, 1992 1 COLORED SURFACE - SCHOOL BLDG. TYPICAL LAYOUT TYPE I s- OLORED / URFACE CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 • COLORED SURFACE/ GRASS i 1410 SCHOOL BLDG. MATCH EXISTING GRADE 1412 1412 JRANSITIO 1 MATCH TING URB 0 TO WIDTH TYPICAL LAYOUT TYPE I COLORED SURFACE GRASS CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 COLORED CURB 1 1/2' R (TYP.) GRASS SCHOOL BLDG. MATCH EXISTING GRADE 1'12 1112 TYPICAL LAYOUT TYPE I VARIABLE. CURB - TOP OF CURB ELEVATION IS EQUAL TO 1/4'/1 ABOVE ST. T/C (TYPICAL) COLORED CURB GRASS CITY OF FORT VORTII, TEXAS - CONSTRUCTION STANDARD OCTOBER 1992 1 COLORED SURFACE SCHOOL BLDG. 1012 1'12 It TYPICAL LAYOUT TYPE I COLORED %SURFACE CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER. 1992 OIL L --- 1 COLORED SURFACE GRASS SCHOOL BLDG. MATCH EXIST. GRADE ✓ ▪ r 1'12 e r r r 0 0 1--12-�► / r # t T6RANSITION CB, 4' RAMP •. 0" TO 7" TYPICAL LAYOUT TYPE I 1112 COLORED SURFACE GRASS CITY OF FORT VDRTM, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD/YY) 4/26/05 PRODUCER }SURED Wm. Rigg Co. 777 Main St, Suite C-50 Ft. Worth. TX 76102-5333 817-820-8100 Westhill Construction, Inc. Attn: Ted Reynolds P.O. Box 2016 Cleburne TX 76033 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER A: INSURER B: INSURER C: INSURER D. INSURER E: INSURERS AFFORDING COVERAGE Amerisure Mutual Insurance Co. Amerisure Insurance Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION DATE IMM/QD/YY) DATE IMM/DD/YYI ISR TR TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR i :AA GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I X I JECOT I LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS )( NON -OWNED AUTOS GARAGE LIABILITY lANY AUTO EXCESS LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $ 10000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER CPP1324096 CA1324095 CU1324097 WC2018729 INLAND MARINE IM1324098 2/28/05 2/28/06 2/28/05 2/28/06 2/28/05 2/28/06 2/28/05 2/28/06 2/28/05 2/28/06 9ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE CONTRACT: UTILITY CUT REPAIR CONTRACT 2005 FORT WORTH, TEXAS. PROJECT NO. P264-541200-601170013583 THE CITY OF FORT WORTH, TEXAS, ITS OFFICERS, EMPLOYEES AND SERVANTS ARE ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS' COMPENSATION. P ERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CITY OF FORT WORTH, TEXAS ATTN: VICKI MCDONALD 1000 THROCKMORTON STREET FORT WORTH, TX 76102 � I ?4CORD 25-S (7/97) LIMITS EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per parson) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH OCCURRENCE AGGREGATE X IWC T- TORY STALIMITUS EA ACC AGG OTH- ER E.L. EACH ACCIDENT I E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1000000 $ $ $ $ $ 1000000 $ $ $ $ 5000000 $ 5000000 $ $ s 50000 5000 1000000 2000000 2000000 1000000 1000000 1000000 INLAND MARINE LIMIT: $237,828 $1,000 DEDUCTIBLE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTp_TIVES. AUTH 1ZEEIiIREPRESENTATIV RD CORPORATION 1988 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No. and City of Fort Worth Project No. P264 601170013583. CONTRACTOR Westhill Construction, Inc By: Name. Title:' - Date: 5 r STATE OF TEXAS COUNTY OF TARRANT fore me, the undersigned authority, on this day personally appeared ft�.a yr��,; , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Westhill Construction, Inc for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 0) day of r \ \O.� , 2005 . Notary Public iri' and for the State of T MARILYN K. NEWBY 1 Notary Public STATE OF TEXAS My Comm. Exp. 03/23/2008 i3 ......yyyyyy�yyyyyyyyy VVV ........... ti} Bond No. 75020647 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we, (1) WESTHILL CONSTRUCTION, INC. as Principal herein, and (2) GUARANTEE COMPANY OF NORTH AMERICA USA. a corporation organized under the laws of the State of (3) MICHIGAN, and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Four Hundred Thousand and no/100s Dollars ($ 400,000.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 19th day of Anril , 2005, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of UTILITY CUT REPAIR CONTRACT 2005: PROJECT NUMBER P264-541200-601170013583 NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 19th day of APRIL , 2005. ATTEST: (Principal)ecretary (S E A L) Witness as to Principal ATTEST: Secretary (S E A L) WEST LL CONSTRUCTION, INC. PRI I AL By��/� Name: Ted Reynolds Title: President Address: P.O. Box 2016 Cleburne. TX 76031 THE GUARANTEE COMPANY OF NORTH AMERICA USA SURETY By: Name: Teresa Godsev Attorney in Fact Address: 101 E. Park Boulevard Suite 817 Plano. TX 75074 Wit(ess as to rety Telephone Number: (972) 423-4851 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. lift Si r t: 14'F"•in nt THE GUARANTEE COMPANY OF NORTH AMERICA USA Grosse Pointe Farms, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS• That THE GUARANTEE COMPANY OF NORTH ANIERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Grosse Pointe Farms, Michigan. does hereby constitute and appoint Teresa Godsey, Rosemary Anderson, Carol Noone, Brenda McCaw its true and lawful atomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: I. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 7`" day of January, 2004. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Jules R. Quenneville, President County of Wayne On this 7th day of January, 2004 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. Gail Trevor Notary Public Macomb County, MI Acting in Wayne County, Michigan My Commission Expires August 2, 2005 IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written, I, Gail E. Latham, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1 9tk) of April Gail E. Latham, Secretary 20 05 Bond No. 75020647 PAYMENT BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we, (1), WESTHILL CONSTRUCTION, INC as Principal herein, and (2) _ GUARANTEE COMPANY OF NORTH AMERICA USA , a corporation organized and existing under the laws of the State of (3) MICHIGAN , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Four Hundred Thousand and no/100s Dollars ($ 400,000.00 1 for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 19`h day of April , 2005, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: UTILITY CUT REPAIR CONTRACT 2005; PROJECT NUMBER P264- 541200-601170013583 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 196 day of APRIL , 2005. TTEST: (Principal) 8e'cretary (S E A L) Witness as to Principal ATTEST: Secretary (S E A L) Witness as toSurety WESTHILL CONSTRUCTION, INC. PRIN AL By: Name: Ted Reynolds Title: President Address: P.O. Box 2016 Cleburne, TX 76031 THE GUARANTEE COMPANY OF NORTH AMERICA USA SURETY By: i5) Name: Teresa Godsev Attorney in Fact Address: 101 E. Park Boulevard Suite 817 Plano, TX 75074 Telephone Number: (972) 423-4851 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. 1111 Ustt'1lhL rh'lreoi tII V. kr'A S G THE GUARANTEE COMPANY OF NORTH AMERICA USA Grosse Pointe Farms, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: Thai THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Grosse Pointe Farms, Michigan, does hereby constitute and appoint Teresa Godsey, Rosemary Anderson, Carol Noone, Brenda McCaw its true and lawful attorriey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise The execution of such instrumentls) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: I. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 7i° day of January, 2004. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Jules R. Quenneville, President County of Wayne On this 7th day of January, 2004 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. Gail Trevor Notary Public Macomb County, MI Acting In Wayne County, Michigan My Commission Expires August 2, 2005 IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Gail E. Latham, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1 9tk of April Gail E. Latham, Secretary 20 05 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT Bond No. 75020647 KNOW ALL BY THESE PRESENTS: That WESTHILL CONSTRUCTION, INC. ("Contractor"), as principal, and, GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized under the laws of the State of MICHIGAN. ("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, ("City") in Tarrant County, Texas, the sum of Four Hundred Thousand and no/100s Dollars ($ 400.000.00 ), lawful money of the United States, for payment of which sum well and truly be made unto said City 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, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 19th of April , 2005, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: UTILITY CUT REPAIR CONTRACT 2005 the same being referred to herein and in said contract as the Work and being designated as project number(s) P264-541200-601170013583 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; 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 a period of 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 Two (2) years; 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 City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore 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 the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each of which shall be deemed an original, this 19th day of April , A.D. 20 05. ATTEST: (S E A L) Secretary ATTEST: (S E A L) Secretary WESTHILL CONSTRUCTION. INC. Contrac By: Name: Title: Ted Reynolds President THE GUARANTEE COMPANY OF NORTH AMERICA USA Surety By: Name: Teresa Godsev Title: Attorney -In -Fact •L`‘c'<u-t 101 E. Park Boulevard. Suite 817 Plano. TX 75074 Address 3 phi Li1C„'JihC i{t•�tvoY; u� THE GUARANTEE COMPANY OF NORTH AMIERICA USA Grosse Pointe Farms, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS' That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Grosse Pointe Farms, Michigan, does hereby constitute and appoint Teresa Codsey, Rosemary Anderson, Carol Noone, Brenda McCaw its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise The execution of such instrument(si in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 7i° day of January, 2004. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Jules R. Quenneville, President County of Wayne i On this 7th day of January, 2004 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, 1 have hereunto set my hand at The Guarantee Company of North I Gail Trevor America USA offices the day and year above written. Notary Public Macomb County, MI Acting in Wayne County, Michigan My Commission Expires /J, . , \.�1 n , August 2, 2005 5 J�`�,�;'"t�-, 7Xw v tI I, Gail E. Latham, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1 9iij of April Gail E. Latham, Secretary 20 05 CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the 19th day of April A.D., 2005, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11"' day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, Westhill Construction, Inc, HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Utility Cut Renoir Contract 2005 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth \ti'thin a period of __ _days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury. damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers. servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and or materials furnished in the prosecution of the work, such bonds being as provided and required in :Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents. and such bonds shall he for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a, shall be Four Hundred Thousand 50/100Doliars, ($400,000.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the 19th day of April , A.D., 2005. RECOMMENDED: BY DIRECTOR, DEPARTMENT OF ENGINEERING APPROVED: TRANSPORTATION/PUBLIC WORKS DIRECTOR Westhill Construction, Inc PO BOX 2016 Cleburne, TX 76031 CONTRACTOR TITLE Pc.) c33X zo/ roc, -44> ADDRESS November 1960 Revised May 1986 Revised September 1992 CITY OF FORT WORTH CITY MANAGER Marc A. 0 t, Assistant City Manager ATTEST: f\f\ cucql\c/iA. CITY SECRETARY (SEAL) Cont trm$1o x Data APPROVED AS TO FORM AND LEGALITY: M&C Regt:est Review Page 1 of 2 Home t Council Agenda 1 M&C Employee Directory Morning Report I Ads PRS II Online Departments Site Map COUNCIL ACTION: Approved on 4/19/2005 - Ord. #16388-04-2005 Print M&C DATE: 4/19/2005 REFERENCE NO.: **C-20662 LOG NAME: 30WESTHILL CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of Contract with Westhill Construction, Inc., for Utility Cut Repair Contract 2005 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $429,300.00; 2. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $429,300.00 from available funds; and 3. Authorize the City Manager to execute a contract with Westhill Construction, Inc. in the amount of $400,000.00 (365) calendar days for Utility Cut Repair Contract 2005. DISCUSSION: The work to be performed under this contract consists of utility cut street repairs which are necessary after main replacements and repairs are made by the Water Department's Field Operations crews. The Water Department is not staffed or equipped to perform some of the larger repairs. This contract is necessary to maintain a reasonable repair schedule, minimize disruption to the motoring public and ensure the street repairs do not adversely impact the life of the remaining street. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and are based on the budgeted amount of $400,000.00. It was also stipulated that regardless of the dollar amount bid, the contract would be awarded in the amount of $400,000.00. Final payments will be made based on actual measured quantities. Funding will be provided individually for each work order prior to its release. The bid documents also included a stipulation giving the City the option to renew this contract three times under the same terms, conditions, and unit prices. This project was advertised on January 13, 2005 and January 20, 2005. The following bids were received on February 10, 2005: Bidders Westhill Construction, Inc. Amount Time of Completion $400,000.00 365 Calendar Days Specified The number of bidders were limited due to the nature of the project and the volume of work currently http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20662 5/4/2005 M&C Request Review Page 2 of 2 available to contractors in the area. The Engineering Department has reviewed the price structure and determined that it is reasonable. Westhill Construction, Inc. is in compliance with the City's M/WBE Policy by committing to 18% M/WBE participation. The City's goal on this project is 18%. The transfer amount includes $29,300.00 for Department of Engineering inspection and project management charges. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation 1 and the adoption of the appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers 1&2)P264 472045 601170013500 $429,300.00 2)P264 531350 601170.013533 $1,000.00 2)P264 531350 601170013580 $1,000.00 2)P264 53301.0 601170013581 $300.00 2)P264 531350 601170013582 $1,000.00 2)P264 541200 601170013583 $400,000.00 2)P264 531350 601170013584 $5,000.00 2)P264 531350 601170013585 $20,000.00 2)P264 531350 601170013591 $1,000.00 FROM Fund/Account/Centers 1E45 538070 609020 $429,300.00 3)P264 541200 601170013583 $400,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) ATTACHMENTS 30Westhill.pdf http://www.cfwnet.org/council_packet/mc jeview.asp?refnum=C-20662 5/4/2005