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024924 - Construction-Related - Contract - Davila Construction, Inc.
I I r I It n i u 0 CU SE"w"PETARY D.O.E. FILE "'WO'RCTZON'S COPY CLIENT DEPAPT' RENT CITY SECRETARY / r CONTRACT NO. `7 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF ROSEN AVENUE - FROM TWENTY EIGHT STREET TO AZLE AVENUE AND FROM AZLE AVENUE TO TWENTY THIRD STREET UNIT I WATER AND SANITARY SEWER IMPROVEMENTS SECTION A: FROM TWENTY EIGHT STREET TO AZLE AVENUE AND FROM AZLE AVENUE TO TWENTY THIRD STREET WATER PROJECT NO. PW53 - 060530173480 SECTION B: FROM TWENTY EIGHT STREET TO AZLE AVENUE AND FROM AZLE AVENUE TO TWENTY THIRD STREET SEWER PROJECT NO. PS58 - 070580172990 UNIT II PAVING AND STORM DRAINAGE IMPROVEMENTS SECTION A: FROM TWENTY EIGHT STREET TO AZLE AVENUE PROJECT NO. CIII-020111040374 (DOE 740) SECTION B: FROM AZLE AVENUE TO TWENTY THIRD STREET PROJECT NO. CIII-020111040375 (DOE 741) FOR THE CITY OF FORT WORTH, TEXAS FILE NO. K-XXXX 1999 BOB TERRELL CITY MANAGER HUGH A. MALANGA, P.E. DIRECTOR TRANSPORTATION AND PUBLIC WORKS KENNETH BARR MAYOR A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMENT OF ENGINEERING LEE C. BRADLEY, JR., P.E. DIRECTOR WATER DEPARTMENT Prepared by: METO TECH ENGINEERS INC. ti ( l't d Eli ENGINEERS, SCIENTISTS ASSOC.ANDPLANNERS FORT WORTH, TEXAS I 0 I 0 CITY OF FORT WORTH ODepartment of Engineering Addendum No. 1 To The Plans And Contract Documents 0 For THE RECONSTRUCTION OF fl ROSEN AVENUE FROM TWENTY EIGHT STREET TO AZLE AVENUE FROM AZLE AVENUE TO TWENTY THIRD STREET U UNIT 1: WATER PROJECT NUMBER PW53-060530173480 SEWER PROJECT NUMBER PS58-070580172990 UNIT 2: PAVING AND DRAINAGE Cl 1 1-020111040430 C 111-020111040431 C 0 JANUARY ,1999 The following information shall constitute Addendum No.1 to the Contract Documents as identified above. This Addendum must be properly acknowledged by the Bidder by signing in the space provided in the proposal section of the contract documents submitted for bid opening. Failure to indicate receipt of this Addendum shall be grounds for rendering the bid non -responsive. This Addendum is part of the contract Documents and D will be bound into the executed contracts. The following information shall supersede any and all conflicting written or verbal information previously provided: El 0 u 0 0 Unit 1: WATER AND SEWER SPECIFICATIONS: Part B — Proposal Bid Item 1 - 8" Water Pipe, Change Quantity from 877 L.F. to 610 L. F. 11 - Cast Iron Fitting, Change Quantity from .1 Ton to 1.5 Ton 14 — Vertical Deflection in 8" Waterline, Delete this item in its entirety (See note #4 page 4) ADD THE FOLLOWING PAY ITEMS: Unit Price Total Amount Bid 1 EA. 12" Gate Valve @ $ 4 hyd • flp $ d , fl a X74 Dollars & —, Cents Per EA. �$ -2 1 EA. 12" X 6" Reducer @ $ $ 3 O. a0 v Dollars& .-�- Cents Per EA. -24- 280 L.F.. 12" Wat r Pipeie @ $ 3(' . DD $ /8O.a0 Dollars & —p._- Cents Per L.F. to .25. 1 EA. 24"x12" Tapping Sleeve and Valve $ v e Dollars & —p-- Cents Per EA. Page - 1 e. np $ Op, oa II] U 1 EA. Exploratory Excavation of existing 24" water line. (to include Temp. Pavement repair per Fig. B, Case 3) $ dO $ 9 a0 j51 /R'ifI Dollars & '- D -- Cents Per EA. C' EliPLANS: 1. Placement of all Water Meters and Meter Boxes shall be installed as per City of Fort Worth Water Department Standard Figure 2 of the General Contract Documents. 2. Sheet 5 - The size of proposed 8" water line "Line A" shall be changed to a 12" D water line, and a cross over to the existing 24" water line shall be added. The attached exhibit shall become a part of the plans and specifications. 3. Sheet 8 - Add Note: Contractor shall provide a Vertical Bend in the 8" Water under ci the storm drain lead to match the grade of the existing water line in Azle St., by use of combination 45° Bends and "Tee", All cost shall be subsidiary to price of pipe aand fitting. 4. At all locations where the proposed water line is shown on plan to cross existing or fl proposed sanitary sewer line and any existing storm drain line, the contractor shall excavate at each location and determine if the proposed water line can be installed at the standard depth. If it cannot be installed at the standard depth, the contractor shall provide a grade change to traverse under the sewer or the storm drain. This change �J will be provided by the use of combination 45° bends. Depth of water line under a sewer line or storm drain line shall not be closer than 2 feet barrel to barrel. All cost aassociated shall be considered subsidiary to the unit price of the pipe and fittings. Us. Sheet 8 - Delete note that reads "Remove /Replace 35 L.F. of Existing 8" water provide 812 S.F. Permanent HMAC pavement repair per Fig 4". Replace with the Following. "Contractor shall remove and replace approximately 15' of existing 8" ci water line in Azle Ave. to remove the connection of the old 4" water line, then install the new 8"x8"x8" "Tee" and an 8" gate valve to each side of "TEE". Contractor shall repair trenches per Figure 4, an area of surface HMAC course of approximately C' 23'x30' shall be saw cut, removed and one surface course shall be installed. Page - 2 U. ti 6. Sheet 9 The intent - is to replace the sewer line in place without the possibility of going through the storm drain. There are various structures that the proposed sewer line must cross. It is required that the contractor expose several locations of the sewer line to Q determine if a straight-line grade can be accomplished. If not the contractor shall inform the Engineer immediately. 7. Sheet 10: Back fill for non -paved area shall be Type B or C. Back fill for paved areas shall be per fig. B, Case 3. 8. Sheet 10: Sta. 2+45.39 Proposed 8" sanitary sewer line, the contractor shall center one length of 8" D.I.P. pipe over proposed Water line location. 9. Sheet 12: At Note that makes reference to the Pressure Plan Valve shall read" Pressure Plan Valve Shall remain CLOSED at all times" At Sta. 5+49.10, the contractor shall install a new 8"x8" cross. 10. Sheet 14: Records of existing water lines south of this station do not exist. The size, shape, configuration and directetion is unknown. Contractor shall extend new 8" water line south, approximately 15' in same direction of existing water line, and aprovide a reducer, to match existing pipe. The reducer shall be located at the pavement transition area. 0 0 a 0 0 0 ci J 0 The contractor shall be advised that service may be supplied from this location to the school. The price bid for temporary service shall also include temporary service for the school. The water service shall come from the same pressure plain. Page - 3 0 El ElUNIT II PLANS 1. ADA Wheel Chair ramp standard shall be a part of this construction project and part D of the specifications and contract documents. A copy of standard can be obtained at the plans desk of the Department of Engineering. D Wheel Chair Ramps shown at intersection of 28`h St. shall be a Type III with no variable curb. 2. Sheet 16: From Sta. 0+50 + to Sta. 2+00+ right, a sidewalk exist between the curb and sidewalk. This walkway shall also be removed and replaced. D 3. Sheet 17 Sta. 5+97± Rt. Contractor shall NOT remove and replace Light Pole. Contractor shall, prior to construction contact the City's Light and Signal Division to have them remove and replace if required. At Sta. 5+90.54 and 6+48.54, the contractor shall employ epoxy number 5 smooth dowels into existing concrete pavement, and provide an expansion joint side of the jl new pavement side. �J 4. All Storm Drain manholes shall have covers adjusted to match proposed pavement grade. All cost shall be subsidiary. 5. Sheet 19— The existing driveways at Stations 10+75+ and 11+75+ to the Right shall O NOT be removed. Contractor shall dowel and employ epoxy #4 deformed bars at 12" on center. All cost shall be subsidiary to the pavement unit price. D 0 DRECEIPT ACKNOWLEDGED 0 0 0 A. DOUGLAS RADEMAKER, P.E. DIRE , PT. OF ENGINEERING By: Rick Trice, P.E. Manager, Consultant Services Page - 4 0 ♦- North STA. 1+70 Install 12"x12" Tee w/ 18L.F. 12" pipe to East IInstall 24"x12" Taping Sleeve and Valve 3 0 N � 24' W (F-11; ) � 12 w W (2036-408) • ,'W (2036-408) - �1\ J - LINE 'A' _ - �C N I I Install 12" Water Line (5' to 12' Depth) Install - 12" Gate Valve In lieu of 8" Water line as specified on plans - 12" x 6" Reducer See plans for Stationing a reducer /1rr e42"x8" reducer Connect Proposed 12" Water 12,X r i; lEC --s-,4-t 5fil: !I - ,q/4 7D , Prior to purchase of 24"x 12" Tapping sleeve and valve Contractor shall perform an exploratory v jLve- — G�'rf4'eY excavation at Sta. 1+70 to verify material type and size of 24" C.I.P. water line and to determine ,4QAp ' 'I /. depth for proposed 12" water line at Sta. 1+70. t 'ei- M Y •b; El El U. CITY OF FORT WORTH ElDepartment of Engineering Addendum No. 2 To The Plans And Contract Documents pFor THE RECONSTRUCTION OF 9 ROSEN AVENUE FROM TWENTY EIGHT STREET TO AZLE AVENUE FROM AZLE AVENUE TO TWENTY THIRD STREET UNIT 1: WATER PROJECT NUMBER PW53-060530173480 I] SEWER PROJECT NUMBER PS58-070580172990 UNIT 2: PAVING AND DRAINAGE Cl l 1-020111040430 aClll-020111040431 r Ii C Ii II Ii 0 February ,1999 The following information shall constitute Addendum No.1 to the Contract Documents as identified above. This Addendum must be properly acknowledged by the Bidder by signing in the space provided in the proposal section of the contract documents submitted for bid opening. Failure to indicate receipt of this Addendum shall be grounds for rendering the bid non -responsive. This Addendum is part of the contract Documents and will be bound into the executed contracts. The following information shall supersede any and all conflicting written or verbal information previously provided: Ii 0 Unit 1: WATER AND SANITARY SEWER IMPROVEMENTS A. The following shall be corrections to Addendum No. 1 (pages 1 & 2) CHANGE fl FROM "Bid Item 1 - 8" Water Pipe, Change Quantity form 877 L.F. to 610 L.F. 11 - Cast Iron Fitting, Change Quantity from .1 to 1.5 Ton 14 - Vertical Deflection in 8" Waterline, Delete this item in its entirety ( see note # 4 page 4) " TO "Bid Item 1 - 8" Water Pipe, Change Quantity form 2,900 L.F. to 2,620 L.F. fl 7 - Cast Iron Fitting, Change Quantity from 1 to 1.5 Ton" 14 - Vertical Deflection in 8" Waterline, Delete this item in its entirety ( see note # 4 page 2) " CHANGE pThe numbering sequence of the new Pay Items to be Added to Unit 1 Form 22,23,24,25,26 To 17,18,19,20,21 0 UI 0 I 0 ii 0 B. For Clarification Only The M/WBE goal set for Unit 1 Water and Sewer is 19% UNIT II: PAVING AND STORM DRAINAGE IMPROVEMENTS PROPOSAL (page 9) DELETE the stated allowed time for construction "95 Working Days". The allowed construction time for this project is set up in "SPECIAL CONDITIONS" Item 46 — Construction Sequence to be followed by both Utility Contractor and Paving Contractor. fl RECEIPT ACKNOWLEDGED: A. DOUGLAS RADEMAKER, P.E. DIRECTOR, DEPT. OF ENGINEERING By:______________ Rick Trice, P.E. � - Manager, Consultant Services r 0 a CITY OF FORT WORTH Department of Engineering Addendum No. 3 To The Plans And Contract Documents For THE RECONSTRUCTION OF ROSEN AVENUE FROM TWENTY EIGHT STREET TO AZLE AVENUE FROM AZLE AVENUE TO TWENTY THIRD STREET UNIT 1: WATER PROJECT NUMBER PW53-060530173480 SEWER PROJECT NUMBER PS58-070580172990 UNIT 2: PAVING AND DRAINAGE C l 11-02011104043 0 Clll-020111040431 February ,1999 The following information shall constitute Addendum No.1 to the Contract Documents as identified above. This Addendum must be properly acknowledged by the Bidder by signing in the space provided in the proposal section of the contract documents submitted for bid opening. Failure to indicate receipt of this Addendum shall be grounds for rendering the bid non -responsive. This Addendum is part of the contract Documents and will be bound into the executed contracts. The following information shall supersede any and all conflicting written or verbal information previously provided: u 0 I ADDENDUM #1 0 0 0 0 0 0 0 0 0 0 0 I IL Pay Item 19 on page 9 Change from "Adjust Water Services and Meter Boxes" to fl "Adjust Water Service Meter Boxes" and item shall be Pre -Bid at a unit cost of $35.00/Ea. Delete note #4 on page 4. "All Storm Drain manholes shall have covers adjusted to match proposed pavement grade. All cost shall be subsidiary." To attached water plan, Change note "Remove existing 8"x4" reducer, Provide 12"x8" reducer, Connect Proposed 12" Water" to "Remove existing 12"x8" reducer, remove 12" x 12" Tee for reuse at station 1+70 and replace Tee with existing 12" gate valve, connect proposed 12" water." UNIT 2- PAVING AND DRAINAGE Proposal Section Pay Item 2 on page 2 "Project Designation Sign" shall be Pre -Bid at a unit cost of $ 300.00/ Ea. Pay Item 15 on page 4 " 4" Top Soil" Change 1360 S.Y. to 25 C.Y., Item shall be Pre -Bid at a unit cost of $ 9.00/ C.Y. Pay Item 17 on page 4 "Adjust Water Valve Box" shall be Pre -Bid at a unit cost of $ 200.00 /Ea. Pay Items 18 on page 4 Change " 1 Ea. Adjust Sanitary Sewer Manhole" to " 3Ea. Adjust Manholes" Item shall be Pre -Bid at $ 350.00/ Ea. Pay Item 19 on page 4 "Adjust Water Service Meter Boxes" shall be Pre -Bid at a unit cost of $ 35.00/ Ea. Pay Item 2 on page 6 "Project Designation Sign" shall be Pre -Bid at a unit cost of $ 300.00/ Ea. Pay Item 15 on page 8 " 4" Top Soil" Change 2131 S.Y. to 30 C.Y., Item shall be Pre -Bid at a unit cost of $ 9.00/ C.Y. Pay Item 18 on page 8 "Adjust Water Valve Box" shall be Pre -Bid at a unit cost of $ 200.00 /Ea. I I 0 0 0 0 u Add Pay Item 21 to page 9 Unit Price Total Amount Bid 21. 2 EA. Adjust Manholes @ $ Dollars & Cents Per EA. Unit 2 -Special Conditions Item 20- Construction (Top Soil) Replace with the Following. "The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth [] (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on - [I site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) thickets may be substantially less than the proposal quantities listed." I u I I 0 0 I I I 0 Unit 1 -Special Conditions D-86 and Unit 2 -Special Conditions 46. Construction sequence to be followed by both Utility Contractor and Paving Contractor. Change: "Upon completion of the Utility contractor's work on the first section, the Paving contractor shall commence the planned street reconstruction. The Paving contractor shall be required to schedule his work based on the City's intent for the reconstruction of the two sections and on the Utility contractors schedule as shown above. Upon completion of the first section the Paving contractor will not be allowed to start construction of the second section of Rosen St. until the Utility contractor has received a final on his work. The Paving contractor shall not proceed to the second section of Rosen St. until notified by the City's assigned inspector. This notification will give 30 calendar day from the date of the notice to commence construction on the second part. Time will start when the contractor starts work or at the end of the 30 calendar days period, whichever comes first." To: "Upon acceptance by the City of the Utility contractor's work on the first section, the Paving Contractor shall receive notification to commence the planned street reconstruction of the first section. The Paving contractor shall be required to schedule his work based on the City's intent for the reconstruction of the two sections and on the Utility contractors schedule as shown above. Upon completion of the first section the Paving contractor will not be allowed to start construction of the second section of Rosen St. until the Utility Contractor's work has been accepted by the City. The Paving contractor shall receive notification from the City to commence construction on the 0 V second section of Rosen Ave.. Both notifications sent to the Paving Contractor shall allow 30 calendar days to commence work. Time will start accumulating when the contractor starts work or at the end of the 30 calendar days period, whichever comes first." Plans Unit 2 Delete all reference to "Reinforced Concrete Header". Headers not required in this project. I RECEIPT ACKNOWLEDGED I A. DOUGLAS RADEMAKER, P.E. DIRECTOR, DEPT. OF ENGINEERING By: 1"= cRick Trice, P.E. Manager, Consultant Services 0 0 0 NOTICE TO BIDDERS 0 Sealed Proposals for the following: 0 0 ci 0 0 0 0 it 0 0 0 0 I 0 0 FOR: RECONSTRUCTION OF: ROSEN AVENUE - FROM TWENTY EIGHT STREET TO AZLE AVENUE: (DOE 740) AND FROM AZLE AVENUE TO TWENTY THIRD STREET (DOE 741) UNIT I: WATER AND SANITARY SEWER IMPROVEMENTS UNIT II: PAVING AND STORM DRAINAGE IMPROVEMENTS Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., Thursday,. February 25., 1999, and then publicly opened and read aloud at 2.00 p.m., in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents will be provided for a deposit of $40.00. The Proposal sections of the" special contract documents are arranged to allow the contractor to submit a bid on each individual proposal. This document is designed as two separate contract documents and proposals and shall not be construed as being a package. The total low bid of each proposal is the apparent successful bidder. If the contractor only submits a bid on one proposal, and is the lowest price total, the Contractor will be the apparent successful bidder for this individual proposal. For additional information, please contact Mr. Charles L. Griffith, P.E. at the offices of Metro Tech Engineering Assoc. , (817) 335 2466 or Mr. Abe Calderon, P.E., Project Manager, at the City of Fort Worth, at (817) 871-7899. Advertising Dates: January 28, 1999 February 4, 1999 ci 1 0 0 COMPREHENSIVE NOTICE TO BIDDERS I 0 0 I 0 0 0 0 ci ci 0 0 0 Sealed Proposals for the following: FOR: RECONSTRUCTION OF: ROSEN AVENUE - FROM TWENTY EIGHT STREET TO AZLE AVENUE: (DOE 740) AND FROM AZLE AVENUE TO TWENTY THIRD STREET (DOE 741) UNIT I: WATER & SANITARY SEWER REPLACEMENTS PW53 - 060530173480 PS58 - 070580172990 UNIT II: PAVEMENT RECONSTRUCTION C111-020111040430 C111-020111040431 Addressed to Mr. Bob Terrell, City Manager of the City of Forth Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., Thursday February 25, 1999, and then be 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. A forty dollar ($40.00) deposit is required for the first set of documents and additional sets maybe purchased on a non-refundable basis for forty ($40.00) per set. These documents contain additional information for prospective bidders. All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with the applicable Special Instructions to Bidders. The major work on the above -referenced project shall consist of the following: fl Unit I 2900 LF 8 - Inch PVC Water 2 EA 6 - Inch Gate Valves 12 EA 8 - Inch Gate Valves fl 2 EA 6 - Inch Fire Hydrant Assembly U �J 400 LF 8 - Inch Sanitary Sewer Pipe 0 I a r 0 0 a 0 0 I a 0 0 0 0 0 0 C 0 4 EA Standard 4' Diameter Manholes Unit II 10960 SY 6" Reinforced Concrete Pavement 11252 SY Lime Stabilized Subgrade 6258 LF Concrete Curb 133 TONS Hydrated Lime 4 EA 10' Curb Inlets 10040 SF 6" Reinforced Concrete Driveways Included in the above will be all other items of construction as outlined in the Plans and Specifications. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be expiration of sixty (60) days from the The award of contract, if made, will days after the opening of bids, but award be made until all the necessa made as to the responsibility of the proposed to award the contract. withdrawn until the date bids are opened. be within sixty (60) in no case will the ry investigations are bidder to whom it is 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 been non -responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871 7910. In accordance with the City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the participation of Disadvantaged Enterprise in City contracts. Copies of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WEIVER FORM and/or GOOD FAITH EFFORT FORM, ("Documentation") as appropriate. The documentation must be received no later than 5:00 PM, 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 delivery the City. Failure to comply shall render the bid -responsive. The Proposal sections of the special contract documents are arranged to allow the contractor to submit a bid on each individual proposal. This document- is designed as two separate contract documents and proposals and shall not be construed as being a package. The total low bid of each proposal is the apparent successful bidder. If the contractor only submits a bid on one proposal, and is the 0 lowest price total, the Contractor will be the apparent successful bidder for this individual proposal. The managing department for this project is the Department of Engineering. For additional information, contact Mr. Charles L. Griffith, P.E., at the offices of Metro Tech Engineering, 817 335 2466 or Mr. Abe Calderon, P.E., at (817) 332 5474, Ext 36. BOB TERRELL CITY MANGER GLORIA PEARSON CITY SECRETARY ADVERTISING DATES: January 28,1999 February 4,1999 DEPARTMENT OF ENGINEERING A. DOUGLAS RADEMAKER, P. E., DIRECTOR By: Rick Trice, P. E. Manager, Consulting Services CITY OF FORT WCfah HIQ HAY CCNIIiUCTICN J I 0 I 0 I C I I L n 0 I I [I I 7 CL.ASSIFICATICN AIR TOOL OPERATOR ASPHALT RATER ASPHALT SHOVELER BATCHING PLANT WEIGHER BATTERDOARD SET CARPENTER CONCRETE FINISHER (PAV) CONaE'E FINISHER (Ss) CONCRETE iWBBTR ELECTRICIAN Fz FORM BUILDER (STRS) FCRt4 LINE FORM SE.T= (PAV & CURB) F l*4 SETTER (STRUCTURES) LABcRER, CCM ON LABORER, UTILITY MECHANIC OILER SERVICE R PILIMRIVFR PIPELAYER BLASTER J !E1 EOUIPMENF OPERATORS ASPHALT DISTRIBUTOR ASPHALT PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER, 150 HP OR LESS BULLDOZER, OVER 150 HP CONCRETE PAVING CURING MACH. CONCRETE PAV FINISHING MACH. CONCRETE PAVING FOF*4 GRADER CONC�2E.TE PAVING JOINT MACH. CONCRETE PAVING JOINT SFALR CONCRETE PAVING FLOAT CONCRETE PAVING SAM OONC�2E'TE PAVING SPREADER SLIPFORM MACHINE CRANE,CZ.AMSHELL, BACKHOLE, DERRICK, DRAGLINE, SHOVEL (LESS THAN 1 1/2 CY) CRANE, CLAMSHELL, BACKiOLE, DERRICK, DRAGLINE, SLHOVE, (1 1/2 CY & OVER) CRUSHING OR SCRNG PLT OPR. ELEVATING GRADER FOUNDATION DRILL OPERATOR (CRAWLER MXR ED) FOUNDATION DRILL OPERATOR PREVAILING WAGE RATE Eat 1995 RATE CLASSIFICATION RATE $7.554 MILLING MACHINE OPERATOR $6.650 $8.565 MIXER (OVER 16 C.F.) 59.000 $8.255 MIXER (16 C.F. & LESS) 57.913 S9.371 MIXER- CONCRETE PAVING 59.500 $8.920 MXTCR GRADER OPERATOR 59.447 (FINE GRADE) 510.346 $9.345 MOTOR G ADER OPERATOR $9.891 59.058 PAVE ENT MARKING MACHINE $6.402 $7.733 P06THOLE DRILLER OPERATOR S9.000 $12.761 ROLLER, STEE, Wt, $5.598 (PLANT -MIX PAVEMENTS) $8.339 $8.717 ROLLER, S EEL WHEEL $8.913 . (FLM CR TAMPING) 57.963 $8.686 ROLLER, PNEIk4ATIC SELF- PRO $7.403 $8.427 SCRAPER- 17 C.Y. & LESS $8.138 S6.402 SCRAPER- OVER 17 C.Y. $8.205 $7.461 SIDE BOCK $7.793 $10.658 TRAC- CRAWLER TYPE $8.698 (150 HP & LESS) S8.448 58.104 TRACTOR- CRAWLER TYPE $7.500 (OVER 150 HP) $8.873 $8.509 TRACPOR -ET TIC $7.735 511.333 TRAVELING MIXER $7.615 TRE4QIING MACHINE -LIGHT $8.188 $8.404 TRENCHING MACHINE -HEAVY $12.498 S9.053 WAGQN-DRILL, BORING MACHINE S9.000 $7.908 REINFORCING STEEL SEI`r E $8.703 (PAVING) $9.218 $9. 160 REINFORCING STEEL SETTER $8.213 (SSIRUCZURAL) $11.548 $9.453 STEEL WORKER -STRUCTURAL $16.300 $8.500 SIGN ERECTOR S11.436 $9.042 SPREADER BOX OPERATOR $6.988 $7.350 BARRICADE SERVIc R ?,ONE WK. S6.402 $7.875 MOUND SIGN INSTALLER $9.290 (PENT CAD) $6.402 S9.750 TFOCR DRIVER -SINGLE AXLE $9.000 (LICIT) $7.465 S9.000 TRUCK DRIVER -SINGLE AXLE (IVY) $8.067 $9.513 TRUCK DRIVER-TANDfl4 AXLE (SEMI -TRAILER) $7.816 TRUCK DRIVER -L ABOY/FLOAT 59.653 $10.517 TRUCK DRIVER -TRANSIT MIX $7.507 $9.500 TRUCK ERIVEQR-WINCH $8.200 VIBRATOR OPERATOR $7.000 WELDER $10.459 S10.000 El JUNE 6, 1995 95FiC4iVY © 0 = 0 © = © = 0 = ® ® = © 0 © = 0 ci 0 0 I ci 0 7 J 0 0 I a I I 0 0 UNIT I (WATER AND SANITARY SEWER) 0 ci 0 0 a 0 0 I 0 0 0 I it 0 0 0 I 0 0 SPECIAL INSTRUCTIONS TO BIDDERS C I 9-25-0 SPECIAL INSTRUCTION TO BIDDERS Li (WATER DEPARTMENT) a1. PREOUALIFICATION REOUiRFMENT: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This Oprequalification 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 D by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more 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. For an experience record to be considered (b) pe 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 it's sole discretion, may reject any bid for .failure to demonstrate experience and/or expertise. fl (f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and Li if inadvertently opened, shall not be considered. a(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 fr' project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 1 U 0 D2. BID SECURITY: A cashier's check or acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five percent (5%) of the largest possible total of [F 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 (10) days after the D contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must b6licensed to do Dbusiness in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one -tenth (1/10) the total capital and surplus. 3. BONDS: Aperformance bond, a payment bond and a maintenance bond each for one hundred (100 %) percent of the contract price will be required, Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of fort DWorth, Texas and as set forth in the contract documents must be paid on this project. D5. 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. D ________________ 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the D 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 D nonresident bidder to obtain a comparable contract in the State in which the nonresident's principal place of business is located. Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas, but excludes a contractor whose ultimate parent company or majority owner has J its principal place of business in the State of Texas. [] This provision does not apply if this contract involves Federal funds. 0 ft..' -2- I [I 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 9 will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the City. [I 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, oemployees, program participants or subcontractors while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of pemployees in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age El limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. 1] Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or [] subcontractors and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. [1 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 flapplicants for employment with or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with the ADFA's provisions and any other Q 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 Dfailure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. !J -3- 0 11. MINORITY AND WOMEN BUSINESS PRLSFS; In accordance with the City of Fort Worth Ordinance No. 11923 the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy 9 of the Ordinance can be obtained from the Office of the CitySecretary. In order for -a bid to be considered responsive the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non -responsive. In addition, the bidder shall submit the MBE/WBE UTILIZATION FORM,.PRIME CONTRACOR WAIVER FROM and/or the GOOD FAITH EFFORT FORM ("Documentation"). as appropriate. The documentation must be received no later than 5:00 PM, 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 athat the documentation was received by the City. Failure to comply shall render the bid nonresponsive. ElUpon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a 9 . 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 O- possessiorrthat-will substantiate- the actual work -performed by an MBE and/or WBE. The 1 misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal state or local laws or ordinances relating to false statements. Further, any such misrepresentation (other than a negligent misrepresentation) aand/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 athan three (3) years. In 0 Revised 9/24/97 aA:\SM.WTR a a., o ci ci 0 0 0 ci 0 0 0 0 I 0 ci ci D 0 0 0 MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS 0 b ATTACHMENT 1A Pago 1 of 2 Ci�y-of Fort Worth Minority and Women Business Enterprise Specifications ii MBE/WBE UTILIZATION d1;�� alas l9� ME COMPANY NAME BID DATE W6 - aGaS'3at� 3<{ �o A_ Pas o t� aGtao OJECTNAME PROJECT NUMBER :.:,.t ,�. +� S����a.kA. _ 5. a `�, -'k .vu.+.:. tF•+irr. ._.. ,_ 5.-a7,,,�,�i��lk N14� . i 5 rl _ r� .�3;. �' a5:, u e oti i 1 ec! on ecuiion of cod fh* Ci f r pr�Eh id � titer o aI tlI or knowIng_ ' _. Y Mij 3 9'�i�la1 AoY�t Com an Narrteonfac' ameCertlfi JfY TCbintac�tirt Spexc[fa=ill Item"s6�b f kE. 1 -.t _:... ,,.{. kr \M i.::.:9l.y9iYLG. !iY'{:,-`M1 S !Hl. �Yt I'Y.5 �.:'9F:1= {-k "(49.5'° . ..�. �. �'!S� �. Y,9� '�. Zt�. i '. v_`�].1�� -..i� -IG,ipi:.5�.�� J//��.:dY. �����(�S. � ft: � .,1 4`1 �i 3 � £ �� ' QreS5 nQ ele 'hone o f : �'�i: - k �'.ClVO .'l� .£ iaf 'y Up���eu(g/ ;° .! £: � W. iry`.� M i i'; li' +��. ' i�` .Fi 1"1?-�x ,.", �" i 5- "3 3 i '"Cg. 'mod !i �P. �yi.1f ryy - 't -`'-T-` k ! 1 R,4gvd# ,L ss I, � d�F U / O ^to l C o 5 A' ](.i-) 9;? ---5'o �1� 6� /,?' , •. jId0�ltlfjE A8�i1�` OIF18Ybi } `�4 r.'� $raF .•4riy�IQ#�T 1 A1%9 Quill ^* It Y�M� � d CQI,!NPv� 1 rtQI15{I NIIt/ i 11:1 a Yir1Q�lt. k { i .� , #q s �e 1 ctor to fcotta rim /V�yy�nxror#ubco ctor1icons Berl {1,pann tttbyautxonua 5!':� S7l �. 4A < • d e' •appiierjiscotlstde ed$ a :.:_ . 4{: . THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID • OPENING, EXCLUSIVE OF THE BID OPENING DATE •Rev. 6/2196 Pages 1 and 2 of Attachment IA must be received by the Managing Department �a J � r k,f x n Ci ;ofFortWorth Minority and Women usiness: Enterprise Specifications MBEIWBE UTILIZATION ATTACHMENT 1A Page 2, of 2 k e bidder further. agrees to provide, directly to the City upon request, complete and accurate Information regarding tual work performed by all subcontractors, Including MBE(s) and/or WBE(s) arrangements submitted with this bid. e bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that III substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or mployee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the ntract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material reach of contract may result in a determination of an irresponsible offeror and barred from participating in City work 'reach ariod of time not Ie s than one (1) year. ALL M s and Ws MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD ature Printed Signature U c, \4 CoN�toc orb' �c• ompany Name Address 16 - -k ���V, T)t ?1/O3_____ itylatate!Zlp Gode Contact Name and Title (if different) Telephone Number (s) (g/ .) S3s S.3y. Fax Number i Date THISIFORM MU BE RECEIVED BY THE MANAGING DEPARTMENTBY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE I Rev. 612198u Pages 1 and 2 of Attachment 1A must be received by the Managing Department 0 0 0 0 0 0 I 0 a 0 0 L1 a 0 0 a LI I PROPOSAL (WATER DEPARTMENT) 0 a 0 aPROPOSAL TO: Mr. BOB TERRELL FROM: (Bidder's Name) City Manager Q14u/ 4 LDrcrsi i O,cc < Fort Worth, Texas 32� ,. c X 4 —e i1 2r U (Address) 7G/D; FOR: UNIT I: WATER MAIN REPLACEMENT AND SANITARY SEWER MAIN REPLACEMENT FOR ROSEN AVENUE (SECTION A) FROM TWENTY EIGHT STREET TO AZLE AVENUE AND (SECTION B) FROM AZLE AVENUE TO TWENTY THIRD STREET, WATER DEPARTMENT PROJECT NOS. PW53 - 060530173480 AND PS58 - 070580172990) Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and thereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Engineering Department of the City of Fort Worth. aUpon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to -wit: UNIT I - WATER IMPROVEMENTS PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS PRICES AMOUNT BID (Furnish and install all appurtenant work, complete in place , the following items.) Dl. 2900 L.F. 8" Water P''pe @@ $ Dollars & r — Cents Per L.F. 2. 135 S.Y. Remove and Replace 2" HMAC $ D $//f'/150 Surface Course 6«f Dollars & Cents Per S.Y. d I I I I I I I I I I r PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS PRICES AMOUNT BID (Furnish and install all appurtenant work, complete in place , the following items.) 3. 13 EA. Install 8" Gate Valve $ DD• df� $ OAOO with jlalve Bo @c/ LI Dollars & -- _ "- Cents Per EA. 4. 86 EA. 1" Servie)aps toMain @ $/D. 0O $ X450 y�'di�e Dollars & - fJ Cents Per EA. 5. 86 EA. Class A Meter Boxes @ $�a0D $ , /C0.c Dollars & -- — Cents Per EA. 6. 40 L.F. Permanent Pavement Repair $ JrO $ DO.00 Per FIG. 4 @ 7iV,cIy Two Dollars & Cents Per L.F. 7. 1 TON Cast Ir n Fittings @ riX $ A'•20 $ 00.O0 Dollars & Cents Per TON. 8. 1833 L.F. 1" Copper Service from Main $,.dO $ 3 a0 to Meter Boxes including Setting Me. er poxes @ Dollars & . O — Cents Per L.F. PA L 7 L; •j ti `r ' ! • a'} t• r 'a _. . a. t •1 L{ a 1w C , ` , 1 4 i �� 1 a. • • t +, • •� • •[i • © © © © © = © ® ci 0 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS PRICES AMOUNT BID (Furnish and install all appurtenant work, complete in place the following items.) 9. 1 L.S. 2" Pipe and Fittings for $ Soo.De? $ SOD.lSD 0 0 0 El El 0 10. 5 C.Y. 11. 5 C.Y. 12. 3753 L.F. 13. 150 L.F. 14. 4 EA K/�M1 Ado° Temporary Service (FoT both Sections) i21 7- ve Ilvlvca� Dollars & -0 Cents Per L.S. Type "E" (1500 psi) Concrete $ D $ O .d0 for Miscellaneous Placement @ Dollars & --g -- Cents Per C.Y. Type "B" (2500 psi) Concrete $ .da $ /bD•0O for Miscellanr}eous Placement @ Dollars & —n Cents Per C.Y. Temporary HMAC Pavement $7.5 $ 2Jr Repair Per Fig B case 3 @ Dollars & e E Cents Per L.F. Trench Safety System @ $ . DD $ DA ac Dollars & '—i7- Cents Per L.F. Vertical Deflec ion in " $ $ Waterline (ngauding 45 Fittings) @ Dollars Cents Per S.Y. 3 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS PRICES AMOUNT BID (Furnish and install all appurtenant work, complete in place , the following items.) 15. 2 EA. Standard ire Hydrant 4' / $f€ $ 8A oO Bury @ vl c 4 ,c- Dollars & Cents Per EA. 16. 2 EA. 6" Gate Valves for Fir Hydrants @ Dollars & —' Cents Per EA. ROSEN AVENUE - WATER IMPROVEMENTS TOTAL: $I7'- 7d.1s- 4 LIST OF CAST IRON FITTINGS TO BE SUBMITTED WITH BID WEIGHT PER EACH FITTING NO. INCLUDING TOTAL OF SIZE OF TYPE OF ACCESSORIES WEIGHT FITTINGS FITTINGS FITTINGS FITTING (TONS) 1 8" X 8" X 8" TEE (3 /35 �yz 2 8" X 8" X 6" TEE /2/ 3�D 5 2 8" X 6" 8" -22 1/40 REDUCER BEND Giv 8( (,2. 2 8" -11 1/40 BEND 78 l3 6 7 8" - 450 BEND TOTAL 5 UNIT I - SANITARY SEWER IMPROVEMENTS PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS PRICES AMOUNT BID (Furnish and install all appurtenant work, complete in place the following items.) 1. 400 L.F. 8" Sanitary Sewer Pipe $ .D O $ O.DO (All Depth) @ 2 Dollars & Cents Per L.F. 115 L.F. 10" Ductile Iron Pipe (All Depth) @ 3. 10 Dollars & Cents Per L.F. L.F. 8" Ductile Iron Pipe (All Depth) @ Dollars & Cents Per L.F. 4. 10 EA. 4" Sanitary Sewer $ d. a0 $ 2 .00 Services Tap @ Dollars & Cents Per EA. 5. 2 EA. Remove exist Sanitary Sewer $.31>Q4D Manhole @ Dollars & Cents Per EA. 6. 4 EA. Install Standard 4' Diameter $ .d1> $ dov•°� Sanitary Sewer Manhole@ Dollars & Cents Per EA. A PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS PRICES AMOUNT BID (Furnish and install all appurtenant work, complete in place , the following items.) 7. 11 L.F. Additional Depth Over 6 feet $ O0 o $ 0&(5b of Standard 4' Diameter Sanitary Sewer Manhole @ Dollars & Cents Per L.F. 8. 4 EA. Concrete Collar for Standard 4' QQ $iS�.�D $ �oO.6O Diameter Sanitary Sewer Manhole @ Dollars & Cents Per EA. 9. 4 EA. Water Tight Inserts for $ Standard 4' Diameter Sanitary Sewer Manhole @ Dollars & Cents Per EA. 10. 550 L.F. Post construction T.V. $.L5 Inspection of Sanitary Sewer Line @ 11. 4 EA. Dollars & Cents Per L.F. Vacuum Test Standard 4' Diameter Sanitary Sewer Manhole @ Dollars & Cents Per EA. 12. 100 L.F. Snaitary Sewer Service Line @ Dollars & Cents Per L.F. $ $ 7 PAY ITEM APPROX. QUANTITY DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS UNIT PRICES TOTAL AMOUNT BID (Furnish and install all appurtenant work, complete in place the following items.) 13. 130 L.F. Temporary HMAC Pavement $ 8d $ v66 Repair Per Fig B Case 3 @ Dollars & Cents Per L.F. 14. 1 C.Y. Type "B" (2500 psi) Concrete $_ $75OO For Miscellaneous Placement @ Dollars & Cents Per C.Y. 15. 15 C.Y. Crushed Limestone for $ •� $ �•� Miscellaneous Placement @ Dollars & Cents Per C.Y. 16. 550 L.F. Trench Safety System (Over $_ C $532.06 5') @ Dollars & Cents Per L.F. TOTAL - WATER IMPROVEMENTS $ 174j -74, - TOTAL - SANITARY SEWER IMPROVEMENTS C,j ✓$ 3 0. Co GSAAAND TOTAL - I - AND f' . NIITARY SEWERFOR IMP OIT VEMENTSWATER $ 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 percent is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within (see construction sequence) working 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:) I[ I A. The principal place of business of our company is in the State of . Nonresident bidders in the State of , our I principal place of business, as required to be percent lower than resident bidders by state law. A copy of the status is attached. Nonresident bidders in the State of , our principal place of business, are not required to under bid resident bidders. ['47B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following addenda: Addendum No. 1 (Initials) -!' (SEAL) if Bidder is Corporation �' Addendum No. 2 (Initials) Addendum No. 3 (Initials) Respectfully submitted, 'Dwl ( I r By. Tit e: Address: "ZZ, L .S` ? 'i i 1 Telephone: END OF PROPOSAL El a 9 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 ci 0 [II PART C (GENERAL CONDITIONS) 0 PART C- GENERAL CONDITIONS TABLE OF-CONTENTS_S- S- NOVEMBER, 1, 1987 TABLE:OF CONTENTS Cl-1 DEFINITIONS C1-1.1 Definition of Terms -J..= Cl-1 (1) C1-1.2 Contract Documents '= Cl-1 (1) C1-1.3 Notice to Bidders Cl-1 (2) Cl-1.4 Proposal Cl-1 (2) C1-1.5 Bidder Cl-1 (2) C1-1.6 General Conditions C1-1 (2) Cl-1.7 Special Conditions Cl-1 (2) Ci-1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1(2) Dfl Cl-1.10 Contract Cl-1 (3) C1-1.11 Plans Cl-1 (3) Cl-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) Cl-1.14 Mayor C1-1 (3) Cl-1.15 City Manager Cl-i (3) C1-1.16 City Attorney C1-1 (3) Cl-1.17 Director of Public Works Cl-1 (4) C1-1.18 Director, City Water Department Cl-1 (4) Cl-1.19 Engineer Cl-1 (4) D Cl-1.20 Contractor Cl-i (4) C1-1.21 Sureties Ci-1 (4) Cl-1.22 The Work or Project Ci-1 (4) Q Cl-1.23 Working Day Cl-1 (4) Cl-1.24 Calendar Day Cl-1 (4) Cl-1.25 Legal Holiday Cl-1 (4) Cl-1.26 Abbreviations C1-1 (5) Cl-1.27 Change Order C1-1 (6) Cl-1.28 Paved Streets and Alleys Cl-1 (6) Cl-1.29 Unpaved Streets and Alleys Cl-1 (6) L. Cl-1.30 City Streets Cl-1 (6) C1-1.31 Roadway Cl-1 (6) C1-1.32 Gravel Street Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3) C2-2.5 C2-2.6 Rejection of Proposals Bid Security C2-2 (3) C2-2 (3) III (1) 0 I C2-2.7 Delivery of Proposal C2-2 (4) C2-2.8 Withdrawing Proposals C2-2 (4) C2-2.9 Telegraphic Modification of Proposals C2-2 (4) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (5) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterpise Women -Owned Business Enterprise compliance C3-3 (1) C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (2) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (4) C3-3.9 Failure to Execute Contract C3-3 (4) C3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (2) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5.11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6) C5-5.13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and Utilities C5-5 (7) C5-5.15 Interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8) C5-5.17 Cleanup C5-5 (8) C5-5.18 Final Inspection C5-5 (9) (2) C6-6 LEGAL RELATIONS AND PUBLIC•`RESPONSIBILITY C6-6.1 Laws to be Observed = C6-6:-,(1) C6-6.2 Permits and Licenses C6-6(1) C6-6.3 Patented Devices, Materials and Processes C6 -6"J1) C6-6.4 Sanitary Provisions C6-6?12) C6-6.5 Public Safety and Convenience C6-6.(2) C6-6.6 Privileges of Contractor in Streets, Alleys, and Right -of -Way C6-6:(3) C6-6.7 Railway Crossings C6-6 (4) C6-6.8 Barricades, Warnings and Watchmen C6-6 (4) C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5) C6-6.10 Work Within Easements C6-6 (6) C6-6.11 Independent Contractor C6-6 (8) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (8) fl C6-6.13 C6-6.14 Contractor's Claim for Damages Adjustment of Relocation of Public C6-6 (10) Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) r C6-6.16 Arrangement and Charges of Water L. Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6.20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of Operations C7-7 (2) C7-7.5 Character of Workman and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (4) C7-7.8 Extension of time of Completion C7-7 (4) C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (5) C7-7.11 Suspension by Court Order C7-7 (6) C7-7.12 Temporary Suspension C7-7 (6) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9) C7-7.16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) NJ a(3) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment ..s E ,"' nw'........... _- C8-8 (1) C8-8.5 Partial Estimates and Retainage- C8-8 (2) C8-8.6 Withholding Payment _-_ C8-8 (3) C8-8.7 Final Acceptance -_ : , - : C8-8 (3) C8-8.8 Final Payment �•_- C8-8 (3) C8-8.9 Adquacy of Design_-sv jf C8-8 - (4) C8-8.10 General Guaranty - _ C8-8(4) C8-8.11 Subsidiary Work t� C8-8-'(5) C8-8.12 Miscellaneous Placement of Material C8-8 (5) C8-8.13 Record Documents ,t., C8-8 (5) (4) 0 0 PART C - GENERAL CONDITIONS t.. Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS Cl-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: 0 0 0 0 0 0 fi V Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS El -White E2 -Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS . (Usually bound separately) Cl-1 (1) Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer -or tender of a bidder to perform the work which the Owner desires to have done, together with the -bid security, constitutes the Proposal, which becomes binding upon the Bidder -when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. - C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and Cl-1 (2) faithful performance of the contract and include the following: '3t a. Performance Bond (see paragraph b. Payment Bond (_see paragraph C3 - c. Maintenance Bond (see paragraph d. Proposal or Bid Security (see to Bidders, Part A and C2-2.6) C3-3.7) 3.7) =-1. C3-3.7) Special Instructions Cl-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. Cl-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 fl 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 0 Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal fl 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. - Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1 (3) Cl-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. Cl-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. Cl-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. Cl-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub -contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. Cl-1.21 SURETIES: The Corporate such bonds are required with and sureties engaged are to be fully and satisfactory fulfillment of th, all requirements as set forth in approved changes therein. bodies which are bound by for the Contractor. The responsible for the entire Contract and for any and the Contract Documents and Cl-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. Cl-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: Cl-1 (4) ni 1. New Year's Day January 1- 2. M. L. King, Jr. Birthday: :;Third Monday in January, 3. Memorial Day - _Last Mondayzin May - 4. Independence Day. July 5. Labor Day -_ First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council -. may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. r r r r Cl-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association of MGD State Highway Transportation Officials ASCE - American Society of Civil Engineers LAW - In Accordance With ASTM - American Society of Testing Materials AWWA - American Water Works Association ASA - American Standards Association HI - Hydraulic Institute Asph. - Asphalt Ave. Blvd. CI CL GI Lin. L lb. MH Max. U- L Avenue Boulevard Cast Iron Center Line Galvanized Iron Linear or Lineal Pound Manhole Maximum - Million Gallons Per Day CFS Cubic Foot per Second Min. - Minimum Mono.- Monolithic % - Percentum R - Radius I.D. - Inside Diameter O.D. - Outside Diameter Elev.- Elevation F - Fahrenheit C - Centigrade In. - Inch Ft. - Foot St. - Street CY - Cubic Yard Yd. - Yard SY - Square Yard L.F. - Linear Foot D.I. - Ductile Iron Cl-1 (5) Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner -and the Contractor covering some added or deducted item or feature which may be found necessary and which -was not specifically included in the scope of the project onwhich bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase -or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." Cl-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') feet back of the curb lines or four (4') feet back of the average edge of pavement where no curb exists. Cl-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Cl-1 (6) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior t.. 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 fl 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 u C2-2(1) a forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on -a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantitiesof to be performed and'materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) 0 0 0 0 £ 0 0 U ci 0 F. Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All.blank.spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered 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) C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as:set forth in the."Notice:to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was -dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall -be addressed to the City Manager, City Hall, Fort Worth, Texas.- C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed my, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such -confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non -consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the C2-2(4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. 0 L'j 0 Ni I I I I I I I u I C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract 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. Ni C2-2(5) I PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:''' fj 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) The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee.•. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) 0 Es" fl 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. MAINTENANCEBOND: - A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the fl amount of the contract, as evidenced by the Li proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes a of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective Ii April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of D the work provided for in the contract being constructed under these specifications. Payment fl Bond shall remain in force until all payments as U above stipulated are made. U 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 fl 0 shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a L C3-3 (3) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, -awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. - - No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub -contractors' C3-3 (4) certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in 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) I I 5. Builder's risk (where above -ground structures are involved) . 6. Contractual _Liability (covers :a-11 indemnification requirements of Contract):` :c I d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub -contractors, respectively, against damage claims which may arise from.operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub -contractor, should the Prime Contractor's insurance not cover the sub -contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) a Ii' n City of Fort Worth, Tarrant County,. Texas. Each 0 such agent shall be a.duly qualified, one upon, whom service of _processnay be had, and must.1have authority and. power cto act on behalf of;€he 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 11 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 fl 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) LII matter associated such as maintainingadequate'and appropriate insurance or security coverage`- for- -the project.- Such local authority for administration-6fthe work'under the Contract shall be maintained until allbusiness transactions executed as part of the Contract are complete.-= Should the Contractor's principal base of'operations be other than in the Fort Worth -Dallas metropolitan area, notificatio-i of the Contractor's assignment of local authority shall be male in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion, inay demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. L!J 0 LII J LII FL 0 0 FL ril n C3-3 (8) PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK,: b _ 5 2i c:£ 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 n requirements and intent of the Contract Documents. It is u definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for fl "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as ii C4-4 (1) a waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying tothe overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth_ categories. _ C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2) 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. t ti 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 Li 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. flThe Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for 'extra work' whether or not iniitiated by a 'change order' shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There C4-4 (3) shall be presented also a composite -graph showing the anticipated progress of construction with -the' -time being plotted horizontally and the percentage of`"completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at .1east' f ive black or blue line prints shall be furnished to the Owner:�` C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction_ schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C4-4 (4) I H I I I I u r 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 pat'ti'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, l 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. W6. Installed equipment and materials testing. a7. Owner's operator instruction (if applicable). 8. Final inspection. a C4-4 (5) I 9. Operational testing._ r� 10. Final inspection. JV£, If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C4-4 (6) I I PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS _ c p� •:YZ r - SECTION C5-5 CONTROL OF WORK AND MATERIALS 0 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 WITH PLANS: The finished project in all cases shall conform with lines, grades, cross -sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5 (1) C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: T^e Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those showninthe proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2) It 0 r 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. 4;:J \ . The Contractor shall provideallfacilities 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 r 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 fl be not less than 10 by 14 feet in floor area, substantially LI 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. r C5-5 (3) These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until -he. -is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his -employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the.__full amount will be deducted from payment due the Contractor :=x_ C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5 (4) 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. U 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 a 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 remedie1 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 flspecifically 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 11 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 Li defective or unauthorized work shall not constitute acceptance of such works. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: Lf the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any 1p material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, .Hake written application to ENGINEER for approval of such substitute certifying in writing Li 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 Eli C5-5 (5) u substitute from that specified and indicaiing`available maintenance service. No substitute shall be ordered -or installed without the written approval of Engineer who will be the judge of the equality- and may require Contractor to furnish such other-data'about the proposed substitute= as he considers pertinent. No substitute shall be ordered'or installed without such performance guarantee and bonds' as Owner may require which shall be furnishedatContractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change,- new tests shall be made prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the C5-5 (6) ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES'AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. 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 fl local adjustments as necessary in the construction process to U provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of u 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. D^_5-5.15 INTERRUPTION OF SERVICE: 0 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: Li 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. ii oC5-5 (7) L C 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer 'cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be inter- rupted on - between the hours of and This inconvenience will be as short as possible. Thank you,. Contractor Address Phone D 0 0 0 El I b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but �J immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub -contractor shall suffer loss or damage on the work, the Contractor agrees. to settle with such other Contractor or sub -contractor by agreement or arbitration. If such other Contractor or sub -contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty -fours fours after written notice is given to the Contractor that the clean-up on the job sits is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the C5-5 (8) L1 0 III C D �I 0 r unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been L 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 I 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 I inspection of the work. r C r C5-5 (9) C a 0 0 PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC. RESPONSIBILITY r !` _. O ': 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 p Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade -marks, and copy rights in any r 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) C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property__ either public or private,.and such regulations as are required by Law shall be put_into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) I, r 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 -f our -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 Li 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 QEngineer 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 fl 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) carried on in such manner,as not to interfere with, the operation of trains, loading.or:unloading of cars, etc. Other contractors of the Owner may,:for all purposes required by.the contract,enter upon ._the :work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 (4) The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it 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 V work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever fl 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 p Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in C6-6 (5) advance of the use of any -activity which might damage or endanger their or his property_. along or adjacent to the work.. Where the use of explosives -is _to be' -permitted 'on _the project, as specified in the Special Contract Documents;; or the use. -of explosives is requested, the Contractor shall submit notice"to the Engineer in writing twenty -Four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. Al1 claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights -of -way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights -of -way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless -and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions which must be removed t.o make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) LI a a 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 o lines, to all conduits, overhead pole lines, or. appurtenances thereof, including the construction of temporary fences, :.nd to all other public or private:property along adjacent to the 0 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 �I 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, fl neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof on the part of the Contractor, he shall restore or have restored at his own cost o and expense such property to a condition at least equal that existing before such damage or injury was done, to by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such r1 damages or injury in a manner acceptable to the owner of the property and the Engineer. , All fences encountered and removed during construction of L 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) proposal. Therefore, no separate payment shall be allowed for any service associated with --this work. In case of failure on the part :f the Contractor to restore such property to make good such 7damage 'or'- injury, the Owner may, upon 48 hour written notice -under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by -the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (8) n 0 r L U 0 Fil C I 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 doe's- 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 fl 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 u claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the C6-6 (9) expiration of the six month period the Director may recommend that final payment be made if all other, work has been performed and all other_ obligations of the Contractor have been met to the satisfaction of the;_ Director,:, The Director -may, if he deems it''appropriate, "�`re Y."refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstandingas a result of work performed under a_ City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, _ a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public �3rains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage C6-6 (10) u I] fl 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. �J All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. fl 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 aDocuments. When meters are used to measure the water, the charges, if any, for water will beat 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 p established by the Director of the Fort Worth Water Department. fl C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be performed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part C6-6 (11) thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild,: repair,_restore, and make good at his own expense all- injuries -,or damage to any portion of the -work- occasioned. by; any. of the hereinaboy causes. I is n- - ?.j: ,r! r C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by or any order by the Owner by payment of por any Engineer or P Ymoney y payment for or acceptance of any work, or any extension of time, or any possession taken by the -City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly -owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. C6-6 (12) Limited Sale, Excise and Use Tax permits and information can be obtained from: 0 Comptroller of Public Accounts Sale Tax Division Capitol Station aAustin, TX f�l L'] 0 Lj LI [,j [$1 HI C6-6 (13) ci I 0 L 0 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 a 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 fl 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, LJ or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the a Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of C7-7 (1) prosecuting the work and ordering materials and equipment which he expects to follow -in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 (2) otherwise objectionable or neglectful inthe proper performance of his or their duties, or who neglectsOrrefuses to comply with or carry out the directions of the Owner, and such person orpersonsshall 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 cacry out the performance of the assigned duties. 0 0 Li 0 0 L 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 "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the proceeding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shalt be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in Cl-1.24 and the Contractor may work as he so desires. C7-7 (3) C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working_ operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall- be considered .by, the Owner_ as abandonment of the Contract.: by the Contractor ;and .the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval In adjusting the contract time for completion of work, consideration will be given to unforseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub -contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than- those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if C7-7 (4) 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 p 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 Sri 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 n 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. I 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 L 4 C7-7 (5) $ 500,001 to $1,000,000 inclusive $ 315.00 $1,000,001 to =-_- $2,000,000 inclusive $ 420.00 $2,000,001 and over] .- gvf�_�r,._ tu.$: _630.00 The parties heretounderstandand agree that -any. harm to_the City caused by the Contractor's delay in completing the work hereunder in the?time specified by- the Contract Documents would be incapable or very difficult of accurate estimation, and that the "Amount of Liquidated Damages Per Day", -as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts o.f the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) 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 equip"ment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice 1. 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: 0 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 fl 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 fl 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 a 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 a 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 1. 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. c LiC7-7 (7) b. Substantial evidence that progress of the work operations by Contractor is insufficientto complete the work within the specified time. c. Failure of the Contractor to provide and maintain 'and sufficient labor equipment to` properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work._ e. Substantial evidence that the Contractor has become I insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written C7-7 (8) consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the 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, Li 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 o 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, Uequipment, 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, ofl 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 ►3 L C7-7 (9) a I I been finished and completed,'- the final inspection made by -the- Engineer, and the final acceptance and final payment made"by* the Owner. ._ r cf I3E 7TJG g.,':_, tnf SIC. $ C7-7.16 TERMINATION FOR CONVENIENCE -OF THE OWNER: - s - - - :�:TCr A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to -time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise. directed by the Engineer, the Contractor shall: - 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and -to the extent, if any, directed by the Engineer: 1 I C7-7 (10) a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially completed plans, drawings, information and other property which,if the contract had been completed, would have been required to be 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 quality, 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) D. AMOUNTS: Subject to the provisions of Item C7 -7.16(C), the Contractor and Owner may agree upon the whole or any part_.of-the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7 -7.16(E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deamed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an C7-7 (12) equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. I 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 0 with the work. E1 0 [PJ 0 C7-7 (13) [i] n PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is L-� 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, r machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the ( Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time i C8-8 (1) before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for -all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and aliinfringements _of _patents, trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manneriaccurding to the terms of the Contract Documents. 1`" �;- The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct thn same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the let and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not -later than the 10th day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the the time of the estimate have not been installed. (such payment will be allowed on a basis of 85% of the net invoice value thereof.) The Contractor shall furnish the Engineer such information as he may request to aid C8-8 (2) B I him as a guide in the verification or the preparation of partial estimates. ' = It is understood that the partialestimate 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. L r r 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) I] Fk' The amount of the final estimate, -.less previous, paymentsr;and any sum that have been deducted or reta nd--under jte provisions of the Contract Documents, will be paid to the Contractor within, 60_ day $ pfterj f inal,;acceptance, by the owner on a proper resoluti,on:�of ttke;LCity Couneil,r,vrovided,.the Contractor has furnished to the Owner_,satisfactory,evidence,;of payment as follows:: LL.Prior to,submi_ssion of the. final estimate for payment, the -Contractor shalLexecute-an.affidavit, -as furnished by -the City, certifying that all persons, firms, associations, -corporations, or other- organizations furnishing labor and/or materials have been paid in full, that the_wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of.the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neglect of said City relatingtoor connected with the Contract. -. - - The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: it -is understood that the Owner believes it has employed competent_ Engineers and designers -to prepare the Contract Documents and -all modifications of -the approved Contract Documents. .:It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency_ of_ the Contract Documents, the safety of the structure,. and..the-practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the: said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto._-- C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract 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 ['I LI LI] 0 [iii LII Iii [Ii 0 [II LII LI] f t1 C8-8 t 4 I 19 r r pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outline. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed 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. C8-8 (5) I H ii H I I I SECTION Cl H H 0 0 [j a [ii 0 ii SUPPLEMENTARY CONDITIONS TO SECTION C [!i a SECTION Cl: SUPPLEMENTARY CONDITIONS TO SECTION C A. General These Supplementary Conditions amend or supplement the other provisions General Conditions of the Contract and indicated below. of the Contract Documents as Provisions which are nor so amended or supplemented I remain in full force and affect. B. Paragraph C3-3.2 should be deleted in its entirety and Ireplaced with the following: Upon request, Contractor agrees to provide to Owner information regarding actual work complete and accurate performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the and therefore. Contractor further contract payment agrees to permit and 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 and/or the commission of negligent misrepresentation) fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or under local laws or ordinances appropriate federal, state or relating to false statements; further, any h I misrepresentation (other than a negligent of fraud will misrepresentation) and/or commission in the Contractor being determined to be Iirresponsible result and barred from participating in City than three (3) work for a period of time of not less years. the C. Part C - General Conditions: C3-3.7 Bonds, subparagraph d. Change the paragraph paragraph after to read as follows: "No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety shall be include on the current U. S. Treasury List of Acceptable Sureties {Circular 870}, or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one -tenth (1/10) of the total capital and surplus. If reinsurance is required, 1 the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas". D. Section C8-8.5 should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the 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 respectivelyl. Estimates will be paid within 25 days following the end of the estimate O period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place fl 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 fl materials are included within a pay estimate, payment shall be based upon 85% of the net invoice 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. (i For contracts of less than $400,000 at the time of U execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainge 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. Contractors 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. Payment of any partial pay Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any 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. o2 E. Part C - General Conditions: Paragraph C3-3.11: Delete subparagraph a. F. Part C - General Conditions: Paragraph C3-3.11: Delete subparagraph g. I I I I F1 0 0 0 fl LJ L1 E1 0 3 0 0 J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SECTION Cl SUPPLEMENTARY CONDITIONS TO SECTION C 13 SECTION Cl: SUPPLEMENTARY CONDITIONS TO SECTION C iai [ii 0 fill 11 0 Ii 0 a A. B. C. 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 nor so amended or supplemented remain in full force and affect. Paragraph C3-3.2 should be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit and 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 under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. Part C - General Conditions: C3-3.7 Bonds, the paragraph after subparagraph d. Change the paragraph to read as follows: "No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety shall be include on the current U. S. Treasury List of Acceptable Sureties {Circular 870}, or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one -tenth (1/10) of the total capital and surplus. If reinsurance is required, 1 the company writing the reinsurance must be authorized, accredited or trusteed to do business it Texas". D. Section C8-8.5 should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the 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 respectivelyl. 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 invoice value thereof. The Contractor will furnish the Engineer such Q 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, retainge shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days a after receipt by Contractor of the payment by City. Contractors 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. Payment of any partial pay Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any 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. 2 E. Part C - General Conditions: Paragraph C3-3.11: Delete subparagraph a. F. Part C - General Conditions: Paragraph C3-3.11: Delete subparagraph g. I. I 1 I 1 1 1 1 1 1 1 1 3 0 El ci £ 0 0 0 0 0 0 0 El ci 0 0 IJ I 0 PART D (SPECIAL CONDITIONS) El PART D - SPECIAL CONDITIONS UNIT II - WATER AND SANITARY SEWER IMPROVEMENTS TABLE OF CONTENTS D-1 General 1 D-2 Project Designation 1 D-3 Award of Contract 1 D-4 Equal Employment Provisions 1 D-5 Wage Rates 2 D-6 Location and Description 2 D-7 Examination of Site 2 D-8 City Furnished Materials 2 D-9 Existing Utilities 2 D-10 Miscellaneous Placement of Material 3 D-11 Project Signs 3 D-12 Subsidiary Work 4 D-13 Manhole Joint Sealing 4 D-14 Fences 7 D-15 Purchase of 5/8" X 3/4" Meter for Installation with Detector Check 7 D-16 Ductile Iron Pipe and Fittings 8 D-17 Polyethylene Wrapping 8 D-18 Non -Metallic Water and Sewer Line Detection 9 D-19 Right to Audit 9 D-20 Delays 10 D-21 Barricades, Warnings and Flagmen 11 D-22 Interpretation and Preparation of Proposals 11 D-23 Disposal of Spoil/Fill Material 12 D-24 Water Services 12 D-25 Pressure Cleaning and Testing 12 D-26 Insurance 13 D-27 Construction Surveys 14 D-28 Trench Safety 14 D-29 Sanitary Sewer Manhole Steps 15 D-30 Sewer Pipe 15 D-31 Water Line 15 D-32 Utility Connections 15 D-33 Testholes 15 D-34 Vacuum Testing of Sanitary Sewer Manholes 16 D-35 Abandonment 17 D-36 Contractor compliance with Worker's Compensation Laws 17 D-37 Indemnification 21 D-38 Preconstruction Conference 21 D-39 Coordination with City of Fort Worth Water Department 22 D-40 Damage to Private Property 22 D-41 Project Representative 22 D-42 Cleanup for Final Acceptance 22 D-43 Site Clearing 22 D-44 Site Restoration 22 1 D-45 Crossing,of Existing Utilities 22 D-46 Tie-ins 23 D-47 Work Order Completion Time 23 D-48 Temporary Pavement Repair 23 D-49 Ingress and Egress 24 D-50 Warnings 24 D-51 Existir-: Structure 24 D-52 Trench Excavation, Backfield, and Compaction 24 D-53 Protection of Power Poles 26 D-54 Safety Restrictions - Work Near High Voltage Lines 26 D-55 Traffic Control 27 D-56 Construction Traffic Over Pipelines 28 D-57 Crushed Limestone Backfill 28 D-58 Connection of Existing Water Main 28 D-59 Pavement Repair (E2-19) 29 D-60 Sanitary Sewer Services 30 D-61 Sanitary Sewer Manholes 31 D-62 Removal, Salvage, and Abandonment of Existing Facilities 35 D-63 Pipe Cleaning 37 D-64 Mechanics and Materialmen Lien 37 D-65 Substitutions 37 D-66 Valve Blocking 38 D-67 Sterilization and Testing of Water Mains 38 D-68 Temporary Erosion, Sediment, and Water -Pollution Control 38 D-69 Samples and Quality Control Testing 40 D-70 Extra depth of Water Line 41 D-71 Pressure Cleaning and Testing 41 D-72 Protection of Trees 41 D-73 Post - Construction Television Inspection of Sanitary Sewer 42 D-74 Purging and Sterilization of Water Line 45 D-75 2" H.M.A.C. Surface Course Type "D" Mix 45 D-76 3" H.M.A.C. Surface Course Type "D" Mix 46 D-77 Addenda 46 D-78 Coordination of Meetings 46 D-79 Copies of Plans and Specifications Furnished 46 D-80 During the Construction of this Project 46 D-81 2:27 Concrete 47 D-82 Detectable Warning Tape 47 D-83 Exploratory Excavation 47 D-84 Valve Cut -Ins 47 D-85 Connection to Existing Water Mains 48 D-86 Construction Sequence to be followed by both Utility Contractor and Paving Contractor 48 2 I 0 PART D - SPECIAL CONDITIONS 0 a a 0 0 0 a 0 0 r D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Departments 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 of furnished in a faithful manner as though required by all, the order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents, subject to the engineer, shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Special Contract 3. General Contract Specifications Documents Documents and General The following Special conditions shall be applicable to this project and shall govern over any conflict with the General Contract Documents under the provision stated above. D-2 PROJECT DESIGNATION: Construction under these Special Documents shall be performed under the following City of Fort Worth Project Designations: Water Department Utility Project Numbers : PW53-060530173480 PS58-070580172990 Transportation and Public Works Project Numbers: C111 - 020111040374 C111 - 020111040375 D-3 AWARDS OF CONTRACT: The proposal Section is designed to allow the Contractor to submit Unit I (Water and Sanitary Sewer Improvements) or Unit II (Street and Storm Drain Improvements), of Both Units I and II. The City reserves the right to award the Contract(s) to the overall low bidder of Units I and II combined or to the respective individual low bidders of Unit I and Unit II. D-4 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with City Ordinance Number 7278, as amended by City 1 Ordinance 7400 (Fort Worth City Sections 13-A-21 through 13- A-29) prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Forth Worth Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Office. D-5 WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Forth Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications arates that govern on all work performed by the Contractor any sub -contractor on the site of the project covered by these Contract Documents. In no event shall less than the following attached rates of wages be paid. D-6 LOCATION AND DESCRIPTION: The construction to be accomplished under this contract is designed as: UNIT II: WATER AND SANITARY SEWER REPLACEMENTS FOR ROSEN AVENUE FROM TWENTY EIGHT STREET TO AZEL AVENUE AND FROM AZEL AVENUE TO TWENTY THIRD STREET Furnishing all materials, labor and services required to provide a complete and functional installation together with all other appurtenant construction required for the project designated as Water Project Nos. PW53-060530173480 and PS 58-070580172990. D-7 EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions which may affect construction of this project. Particular attention should be given to the methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all material to be removed. Proper consideration shall be given to these details during the preparation of the Proposal and all unusual conditions which may give rise to later contingencies should be brought to the attention of the City prior to submission of the Proposal. D-8 CITY FURNISHED MATERIALS: For water projects, the city will "ploy -pigs", chlorine gas or chlorinated lime (HTH) and all water necessary for the initial cleaning and sterilization of water lines. All other materials for construction of the project, including water for compaction, shall be furnished by the contractor. 2 D-9 EXISTING UTILITIES: The plans show the location 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 any 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, and other property or exposed by his construction operations. Contractor shall make all necessary provisions for the support, protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a results of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are- cut, broken, or damaged, the Contractor shall replace or repair the facilities or service lines with the same type of 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 all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignments. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the engineer. The right is reserved to the Owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. D-10 MISCELLANEOUS PLACEMENT OF MATERIAL: Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. This material 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 the miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. The Contractor shall comply with present zoning 3 requirements of the City of Forth Worth in the vacant property for storage purposes. D-11 PROJECT SIGNS: Project Signs shall be required at all locations which will be under construction for more than thirty (30) calendar days. Project Signs shall be in accordance with Figure 30 (dated 9/18/96) of the General Contract Documents. The signs may be mounted on skids or posts. The exact locations and methods of mounting shall be approved by the Engineer. Any and all costs for the required materials, labor and, and equipment necessary for furnishing the Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-12 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 and cleanup are general items of work which fall in the category of subsidiary work. All objectionable matter required to be removed within the Right of Way and not particularly described under these specifications shall be considered subsidiary to the other items of the contract. D-13 MANHOLE JOINT SEALIN A. General This specification covers a cold -applied pre -formed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections. It governs all manholes, values, etc., constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type pre -formed rubber gasket, and shall require a bitumastic joint sealant in all joints as per Figure M attached. B. Materials This sealant shall be pre -formed and trowellable bitumastic as manufactured by Kent Seal, Ram-Nek, E -Z Stick, or equal. The joint shall be supplied in either extruded rope -form of suitable cross-sectional area or flat tape from and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint n 0 a sealer shall .be protected by suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The joint sealant shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish and affidavit attesting to the successful use of the product as a pre -formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five (5) years. C. Installation of Joint Sealant Each grade adjustment ring and manhole frame shall be sealed with the above specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt, sand, mud or other foreign matter. A primer shall '-e applied to all surfaces prior to installing the joint sealant in according with the recommendations by the manufacturer. The protective paper wrapper shall remain on the joint sealant until immediately prior to placement of the pipe in the trench. After removal of the protective II paper wrapper, the joint sealant shall be kept clean. Li Install frames and cover over manhole opening with the bottom of the rings resting on bitumastic joint sealer. Ufl Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. n a. Frames, unless otherwise shown on the drawings, Ushall rest on two (2) rows (inside and outside) of joint sealer. b. Grade adjustment rings shall also rest on two (2) Ofl rows of bitumastic joint sealant. D. Sealing and/or adjusting Existing Manholes Excavate (rectangular full depth saw cut if in pavement) adjacent to manhole to expose the entire o manhole frame and a minimum of six (6) inches of the manhole wall keeping the sides of the trench nearly vertical. a. Remove the manhole frame from the manhole structure and observe the condition of the frame. The existing frame shall be used wherever possible. Any frame that is not suitable for use as determined by the Engineer shall be replaced. Separate and observe the condition of the grade adjustment rings. If the grade rings are loose, deteriorated, broken or show structural defects U. 5 replace.- them in accordance with these specifications. Replace adjustments that are constructed of brick, or materials other than precast concrete rings, or where necessary, and approved by the Engineer, a precast flat top section. Precast concrete rings, or a precast concrete flat top section will be the only grade adjustments allowed. b. In brick or block manholes where it is difficult to determine where grade adjustments and walls meet, replace the upper portion of the manhole top to a point twenty-four (24) inches below the frame. If the walls or cone section below this level are not structurally sound, notify the Engineer prior to the replacement of the grade adjustments or manhole frame. Existing brickwork is structurally satisfactory, if damaged by the contractor, shall be replaced at the contractorAs expense. c. Wire brush manhole frame surfaces to remove dirt exposed manhole surfaces agent followed with an setting hydraulic cemei working surface. and exposed manhole and loose debris. Coat with an approved bonding application of a quick it to provide a smooth d. If the diameter of the manhole is too large to safely support new adjustment rings or frame, a new flat top section shall be installed. e. Joint surfaces between the frame. Adjustment rings, and cone section shall be free of dirt, stones, debris, and voids to ensure a watertight seal. Place the flexible gasket joint material in two concentric rings the inside and outside edge of each joint, or use trowellable material in lieu of pre -formed gasket material. Position the butt joint for each length of joint material on opposite sides of the manhole. No steel shims, woo, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. f. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation. Allowances for the compression of the a. joint material shall be made to assure a proper final grade elevation. g. Manhole rims in parkways, lawns and other improved 6 fl lands shall be at an elevation not more than one (10 inch nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of the manhole casting for not less than three (3) feet to the existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole. h. Manhole in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or a minimum of six (6) inches above grade. Ue. Measurement and Payment The price bid for new manhole installations shall fl include the cost of joint sealing and payment will be made from the appropriate bid item(s). D-14 FENCES: All fences encountered and removed during Li construction of this project shall be restored to the original or better than original condition upon completion of this project. Where wire fencing, either wire mesh or 11 barbed wire is to be crossed, the contractor shall set cross braced posts on either side of permanent easement before fence is cut. Should additional fence cuts be necessary, O the contractor shall provide cross braced posts at point of 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 the place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. (Ref. C6-6.10). D-15 PURCHASE O5/8" X 3/4" METER FOR INSTALLATION WITH DETECTOR CHECK: All detector check meters installed in fire lines connected to the Fort Worth Water Department distribution system shall have a 3/4 -inch by pass with a 5/8" X 3/4" domestic meter. All such meters for installation under this contract shall be purchased at the Fort Worth Water Department Information Section, located at the northeast at the corner of the lower level in the Municipal Building, 1000 Throckmorton Street. The Contractor shall make payment in the full amount for all such water meters and receive a receipt from the Information Section personnel. Upon presentation of the signed receipt at the south Holly Warehouse, 1608 11th Avenue, the 7 J r Contractor will -receive all such meters to be installed under this contract. A bid item for each size detector check for each fire line to be constructed under this contract has been provided in the Proposal and is intended to defray all cost for the detector check meter, 5/8" X 3/4" meter, labor, equipment, and additional material required for the complete and functional fire line installation. Detector check meters installed under this contract shall be in accordance with the Fort Worth Department Material standard E101-5 and the Contractor shall stipulate the ty-� of meters to be installed under this contract (by name of manufacturer) in the space provided in the proposal. D-16 DUCTILE IRON PIPE AND FITTINGS: Reference Part E2 - Construction Specifications, Section E2-7 Installing Cast Iron Pipe, Fittings and Specials, Paragraph E-2-7.11 Cast Iron Fittings. Delete this Paragraph in its entirety and replace with the following: E-2-7.11 Ductile Iron and Gray -Iron Fittings: All ductile iron and gray -iron fittings shall be furnished with cement mortar lining as stated in section E1-7. the price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping and concrete blocking necessary for construction as designated. All biding contractors shall submit with their bid: a. A complete list of fittings and weight upon which the per ton price is based. The weight of each fitting shall include the weight of glands, bolts, and gaskets for each joint, as applicable. b. Should the installed fittings vary from the itemized listing submitted with the bid, the per ton bid price shall be adjusted by the increase or decrease in weight of fittings as installed multiplied by the cost per ton of fittings as bid. c. All ductile -iron and gray -iron fittings, valves, and specials shall be wrapped with Polyethylene wrapping conforming to Material specification El - 13 and Construction Specification E2-13. Wrapping shall precede concrete blocking. Payment for the polyethylene wrapping will be included in bid items for valves and fittings and no other payment will be allowed. D-17 POLYETHYLENE WARPING: In accordance with Section E2-13 of the General Contract Documents and Specifications, all LII LII LII 0 [II n u I r II 0 LII 8 r I 0 valves, ductile iron pipe, for all water and sewer lines, n cast iron fittings and specials, shall be polyethylene wrapped. Payment for the polyethylene wrapping for these components shall be subsidiary to the various items bid for the furnishing and installation of pipe complete and in - place. Polyethylene wrap shall proceed blocking. In the event that PVC pipe is installed, polyethylene wrapping will not be required. D-18 NON-METALLIC WATER AND SEWER PIPE DETECTION: Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acid, chemical reagents, and solvents found fl in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall not be less than two 2 inches with a median unit weight of 2 1/2 pounds/1000'. The tape shall be color coded and imprinted with the message as follows: 0 Tune of Utility Color Coded Legends Water Safety Precaution CAUTION BURIED Blue WATER LINE BELOW Sanitary Sewer Safety Green CAUTION BURIED fl SEWER LINE BELOW Installation of detectable tapes shall be per manufacturer's a recommendations and skill be as close to the grade as is practical for optimum protection and detection and delectability. Allow a minimum of 18 inches between the 0 tape and the line. Payment for detectable tapes shall be included in the linear 0 foot price bid for applicable pipe(s). D-19 RIGHT TO AUDIT: fl (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 transaction related 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 r 9 space in order to conduct audits in compliance with provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (B) Contractor further agrees to include in all is subcontractors hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after fina 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, the City shall have access during normal working hours to all necessary subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (C) hereof. The City shall give 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 Contractor for the cost of the copies as follows: 1. 50 copies and under at 10 cents per page. 2. More than 50 copies at 85 cents for the first page plus 15 cents per page thereafter. D-20 DELAYS: Part C, General Conditions, Section C7-7 Prosecution and Progress. Add paragraph C7-7.18 DELAYS to read as follows: C7-7.18 Delays: The Contractor shall receive to compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the contractor is caused by the failure of the City to provide information or material, if any, which is to be 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 is found to be correct, shall be approved and referred by him to the council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for crying 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 Contractor or the surety on his 10 performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. D-21 BARRICADES. WARNINGS AND FLAGMEN: Reference Part C - General Conditions, Section C6-6.8 Barricades, Warnings and Watchmen: fl 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 (6), change the phrase "take all such other precautionary measures" to "take all reasonable necessary measures". U D-22 INTERPRETATION AND PREPARATION OF PROPOSALS: Part C - General conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSALS, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by proper bid security, to the Purchasing Manager or his representative at the official location and the stated time set forth in the "Notice of Bidders". It is the Bidder's sole responsibility to deliver the proposal at ti the proper time to the- proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have "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 field 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 field with him prior to the times set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided that such telegraphic communication is received by the Purchasing Manager prior to the 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 11 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-23 DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposal of any spoil/fill material, the contractor shall advise the Director of Transportation and public Works, 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 Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the sit is not 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 ContractorsA expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or letter from the Administrator approving the disposal site, upon notification from the Director of Transportation and Public Works, Contractor shall remove the soil/fill material at is expense and dispose of such materials in accordance with the Ordinances of the City and this Section. D-24 WATER SERVICES: The relocation and connection of water services will be required as shown on the plans, and/or as described in these special Contract Documents. All services shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops with lock wings, type K cooper water tubing, curb stops with lock wings, and meter boxes. All materials used shall be as specified in the Materials Standards (E1-17 & E1-18) contained in the General Contract Documents. After installation of the water service in the proposed location and the receipt of a meter from the project inspector, the contractor shall install the meter. The meter box shall be reset as necessary to be flush with the existing ground. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 12 0 Elli 0 0 n La 0 0 0 0 0 0 0 a 0 0 0 0 D-25 PRESSURE CLEANING AND TESTING: Care shall be taken to keep all water extensions clean and free from foreign objects. Chlorinated lime shall be placed in the first joint of pipe of the extension and upon completion of the pipe laying, water shall be introduced slowly for sterilization, after which the extension shall be thoroughly flushed with clean water. Risers shall be installed, as directed by the engineer, for flushing and for providing sample points for bacteria tests. D-26 INSURANCE: Reference Part C -General Conditions relating to Developer awarded contracts, in Section C3-3 Award and Execution of Documents, paragraphs C3 -3.9b Comprehensive General Liability Insurance, C3 -3.9c Additional Liability and C3 -3.9d Automobile Insurance - Bodily Injury and Property Damage, deleted these paragraphs in their entirety and replace with the following: b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and maintain during the life of this contact 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 Contractors 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 5. Builders risk (where above -ground structures are involved) 6. Contractual Liability (covers all indemnification requirements of Contract) 13 d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. D-27 CONSTRUCTION SURVEYS: Survey layout, horizontal and vertical alignments for construction shall be furnished by the City D-28 TRENCH SAFETY: 1. GENERAL: This specification covers the trench safety requirements for all trench excavations in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. 2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P -Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. 3. DEFINITIONS: A. TRENCHES: A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not grater than fifteen (15) feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to fifteen (15) feet or less at the bottom of the excavation, the excavation is also considered to be a trench. B. BENCHING SYSTEM: Benching means excavating the sides of a trench to form one or a series of horizontal levels or steps, usually with vertical or near - vertical surfaces between levels. C. SLOPING SYSTEM: Sloping means excavating to form sides of a trench that are inclined away from the excavation. D. SHIELD SYSTEM: Shields used in trenches are 14 0 a 0 El a El 0 0 a a El D-29 SANITARY SEWER MANHOLE STEPS: Sanitary Sewer Manhole steps will not be required as stated in E 1-14.3 of the General Contract Documents and Specifications. D-30 SEWER PIPE: Water lines as shown on the plans may be constructed using polyvinyl chloride (PVC) plastic water pipe as provided in the General Specification El -25 and El - 27 or using ductile iron clay as per plans. Ductile Iron p pipe shall be used where crossing storm drains. D-31 WATER LINE: Water lines as provided in the General Specification El -24 (add 5-1-80), or using ductile iron as Li per General Specification E1-6. Each bidder shall check the appropriate block space provided in the proposal that identifies the material on which the bid is based. Bidders fl shall bid the water line on the basis of only one type of material. generally- referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shield can be either premanufactured or job -built in accordance with OSHA standards. E. SHORING SYSTEM: Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave-ins. Shoring systems are generally comprised of cross braces, vertical rails (uprights), horizontal rails (wales) and/or sheeting. 4. MEASUREMENT: Trench depth is the vertical measurement from the top of the existing ground to the bottom of the pipe or structures. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. 5. PAYMENT: Separate payment will be made only when trench excavations exceed a depth of five (5) feet and shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety system. U D-32 UTILITY CONNECTIONS: The cost for making connections to existing water lines and sewer lines shall be included in the price bid for the respective line. The cost for the removal of existing blocking or collars shall be considered aincidental to making the connection. Ii 15 D-33 TESTHOLES: The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made, is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determinations by the use of test holes or other means, shall be left to the discretion of such prospective bidders. The cost of any rock removal and other associated appurtenant, if required, shall be included in the linear foot bid price of the pipe. D-34 VACUUM TESTING OF SANITARY SEWER MANHOLES: A. General: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. B. Execution: 1. Testing Procedure: Manholes shall be tested with all connections in place. Lift holes shall be plugged, and all drop -connections and gas sealing connections shall be installed prior to testing. The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop - connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturerAs recommendations. A vacuum of ten inches of memory (10" Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed the level of vacuum shall be read after the required test time shall be determined from the ~able below: Height of 48 -Inch Dia 60 -Inch dia. Manhole (ft) 0' to 20' 40 sec 50 sec 20' to 22' 44 sec 55 sec 22' to 24' 48 sec 1 min 24' to 26' 52 sec 1min 5 sec 26' to 28' 56 sec 1min 10 sec 28' to 30' imin 1 min 15 sec For each additional 2' 4 sec 5 sec 2. Acceptance: The manhole shall be considered 16 0 0 acceptable, if the drop in the level of vacuum is fl 0 less than one -inch of mercury (1"Hg) after the required test time. Any manhole which fails to pass the initial test must be repaired with a D suitable material which conforms to the construction material of the manhole. The manhole shall be retested as described above until is has successfully passed the rest. Following fl completion of a successful test the manhole shall be restored to its normal condition, all temporary plugs shall be removed and disposed of in a manner satisfactory to the Engineer. C. Payment: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each II vacuum test. This price shall include all material, labor, equipment and incidentals required to complete the test as specified herein. 11 D-35 ABANDONMENT: The City reserve the right to abandon, with out obligation the Contractor, any part of the Project 0 or the entire Project, at any time before the Contractor begins any construction work authorized by the City. D36 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Worker's Compensation Insurance Coverage a. Definitions: 0 Certification of coverage ("certificate") - A copy of a certificate of insurance , a certificate of authority to self -insure by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, OR TWCC-84), showing statutory workers compensation insurance coverage for the persons or entity employees providing services on a project, for the D duration of the project. 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. 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, employee of any 17 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 the 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 to 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 service on the project; and (2) No later than seven (7) 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 (1) year thereafter. g. The contractor shall notify the governmental 18 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 the stating how a person may verify coverage and report lack of coverage. Di. 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 filling of any coverage agreements, which meets the statutory requirements of the 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 afl 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 fl 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 D 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 f.. 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; 19 (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 by 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 1� (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. ,_ j. 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 be providing 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 self -insured with the commissions Division of self insurance regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. 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 (10) days after receipt of notice of breach from the governmental entity. B. 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 must be printed with a title in at least thirty (30) point bold type and text in at least nineteen (19) point normal type, 20 0 El and shall be;in both English and Spanish O language common to the worker population. the notices shall be the following text, additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE and any other The text for without any The law requires that each person working on this site U or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, D or delivering equipment or materials, or providing lobar or transportation or other services related to this project, regardless of the identity of their employer or status as an employee. Li Call the Texas Worker's Compensation Commission at 512 - 440 - 3789 to receive information on the legal fl requirement for coverage, to verify whether your employer has provided the required coverage, or report an employer's failure to provide coverage. D-37 INDEMNIFICATION: The Contractor agrees to fully indemnify and save whole and harmless, the City and/or the Owners of the unit and lots abutting the units in the Contract, from all costs and damages arising out of any real or asserted claim or cause of action against it of whatsoever kind character and in addition from any and all costs or damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted, claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, his agents, servants, and employees. The. Contractor further agrees to comply with all applicable laws, regulations, ordinances, building and construction codes of the City of 0fl Fort Worth and the State of Texas, and with any regulations for the protection of workers which may be promulgated by the government, and shall protect such work with all necessary lights, barriers, safeguards, and warnings as are provided for in said specifications and in the ordinances and regulations of the said City. D-38 PRECONSTRUCTION CONFERENCE: After the Contract(s) has been awarded, the General Contractor and representatives of all the Subcontractors shall attend a Pre -Construction fl Conference. Representatives of the following agencies shall be present: Department of Engineering, Water Department, or other interested City Departments (such as Traffic), U interested utility companies (such as gas, telephone, and electric) and Design Engineer. This meeting will include the review of the Contractor's proposed construction methods and schedules in accordance with item 8.2 of the General aProvisions. The Contractor shall submit a schedule of Q 21 e 1 operations per General Conditions C4-4.6 at the pre - construction conference. �yy YJ D-39 COORDINATION WITH FORT WORTH WATER DEPARTMENT: During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required with the Water Department to determine the best times for deactivating and activating those lines. D-40 DAMAGE TO PRIVATE PROPERTY: The Contractor shall immediately repair or replace any damage to private property, included but not limited to fences, walls, pavement and water and sewer services, at no cost to the owner, per Paragraph C6-6.10 of the General Conditions. This shall be subsidiary to the Contract and not a separate pay item. D-41 PROJECT REPRESENTATIVE : The Owner's Engineer, the Contractor(s), and any applicable public utilities shall designate a single individual with their organization to act as a liaison for the project. This individual shall be aware of the day to day activities on the project, have the authority to make decisions binding on the party as a single point for coordination of activities with the other team members. D-42 CLEAN-UP FOR FINAL ACCEPTANCE : The Contractor shall make a final clean-up of all parts of the work before 'I acceptance by the Owner. This clean-up shall remove of all objectionable materials, and in general prepare the site of the work in an orderly manner and appearance. Final acceptance of the completed project shall be given by the City of Fort Worth Department of Engineering. D-43 SITE CLEARING: The initial clearing of the site and removal of material not specifically designated as a pay item shall be subsidiary to the contract. The Contractor shall be responsible for the removal of debris and unsalvaged materials from the site. D-44 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 or minus one -tenth (0.10) of a foot. D-45 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer line or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than nine(9) feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be constructed of ductile 22 0 f - iron pipe. The require length of replacement shall be determined by the Engineer. The material for the sanitary 0 sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping as specified in Material Standard E1-6 contained in the General Contract Documents. The material for the sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping as specified in the General contract documents. Adapter fitting shall be a urethane or neoprene Qfl coupling A.S.T.M. C.-425 with series 300 Stainless Steel compression straps. rPayment for work such as backfill , fittings, tie-ins and all other associated appurtenances required, shall be included in the linear foot price of the appropriate bid item. D-46 TIE-INS: The cost for making tie-ins to existing sewer fl lines shall be included in the bid price for the respective lines. D-47 WORK ORDER COMPLETION TIME (MISC. REPL): Should the contractor fail to complete an individual work order in the given amount of calendar days as specified on each individual work order, liquidated damage charges as ofl prescribed in Part C - General Conditions C7-7.10 Time of Completion will be subtracted from the final pay estimate of that particular work order. The estimated amount for each fl particular work order will be used for determining the 0 amount of damages charged per calendar day of time exceeding the specified amount. The first two paragraphs of Part C - General Conditions C7-7.10 Time of Completion shall be replaced with the following: The time of completion of each individual work order in an essential element of his contract. Each work order issued will have the maximum ( allowed number of calendar days allowed for the completion ( of that specific work. The number of calendar days specified will be calculated as follows: The total estimated cost for the specific work order divided by 2000 (rounded up) + 10 days = Number of Calendar days allowed for Construction of Individual Work Order. D-48 TEMPORARY PAVEMENT REPAIR : The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2 inches thick hot mix asphalt concrete to include 6" compactible flexible base material per Fig. B. This temporary repair shall be rolled to provide a smooth transition between the existing pavement and the temporary repair. The unit price bid under the appropriate bid item of the proposal shall cover all costs for providing temporary pavement repair for all streets cuts prior to street reconnection (per Fig. 6). 23 D-49 INGRESS AND -EGRESS : 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. D-50 WARNING : The contractor shall contact the following at least forty-eight (48) hours prior to excavating in this area: Fort Worth Water Department Fort Worth Transportation/ Public Works and Signal Light Division Lone S' - ar Gas Texas . `ctri Southern Bell Western Union Sammons Cable Company Service Company Telephone Company Cable Division Television D-51 EXISTING STRUCTURES : Th all known subsurface structures. no responsibility for failure t structures on the plans, or tc location. It is mutually agreed be considered sufficient basis compensation for extra work or f in any manner whatsoever, unless is such as to necessitate change requires the building of special are not made in the Plans. 871-8100 923-8481 336-2328 Enterprise 9800 (214)747-8821 737-4731 plans show the location of However, the Owner assumes show any or all of these show them in their exact that such failure shall not for claims for additional >r increasing the quantities the obstruction encountered in the lines or grades, or work, provisions for which D-52 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 and 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 24 0 0 0 ci LI a El 0 ci D a r 0 ci 0 ci 0 0 existing or future pavement shall be backfilled above the top of the embedment material with type "C" backf ill 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. 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: Size Sieve % Retained: #4 0-5 #50 0-50 #16 0-20 #100 60-95 (P.I. = or less #200 90-100 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 means of tamping only. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by jetting, tamping, or a combination of methods (A.S.T.M. D698). The Contractor shall obtain the services of an independent testing laboratory to perform trench compaction tests per A.S.T.M. standards on all trench backfill. 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. Test reports shall be furnished the Fort Worth Water Department Engineer upon completion of testing as a part of final acceptance of the job. The City express to perform unannounced spot checks of the compaction tests for verification and control purposes. These spot checks 25 will be performed by City personnel at City expense and will not be charged to the Contractor. However, 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 allowed for exposing the backfill layer to be tes -: - or providing trench safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, including any and all Type "B" backfill, and labor costs ;af excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. All costs involved in performing the trench compaction tests made by independent laboratories shall be included in the price bid for Trench Compaction Tests. PROTECTION OF POWER POLES: The Contractor will be required to perform work in close proximity to existing power poles. It shall be the Contractors responsibility to protect these poles during construction, and if necessary, coordinate with TESCO to provide additional support to these poles. D-54 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following items will be followed regarding the subject item on this contract. a. A warning sign not less than five (5) inches by seven (7) inches, painted yellow with black letters that are legible at twelve (12) feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile driver, hoisting equipment of similar apparatus. The warning sign shall read as follows: "Warning - Unlawful to Operate This Equipment Within Six Feet of High Voltage Lines." b. Equipment that may bee operated within ten (10) feet of high voltage lines shall have an insulating cage - type of guard about the boom or arm, except backhoes or dippers, and insulator links on the left hook connections. c. When necessary to work within six (6) feet of high voltage electric lines, notify the power company (Texas Electric Services Company) who will erect temporary mechanical barriers, de -energize the line, or raise or lower the line. The work done by the power company shall not be at all the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to Texas Electric Service Company, and shall record action taken in each case. 26 d. The Contractor is required to make arrangements with the Texas electric Service company for the temporary relocation or raising of high voltage line at the Contractors sole cost and expense. e. No person shall work within six (6) feet of a high voltage line without protection having taken as outlined in paragraph c of this provision. 0 0 0 0 0 D-55 TRAFFIC CONTROL (UNTIL. CUT): The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernons Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor shall execute this work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Barricades, warning and detour signs shall conform to be the Standard Specifications for street and storm drain construction, "Barriers and Warning and/or Detour Signs", Item 524, and/or as directed by Engineer. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Makings Division (phone number 870-8075), 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 or 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 Marketing's Division to re- install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. 1. The Contractor shall furnish barricades, flares, etc., fot the protection of the public and the work. 2. The cost of the traffic control shall be included in the price bid for pipe complete in place as bid in the Proposal, and no other compensation will be allowed. 27 [11 3. The Contractor shall furnish a traffic control plan approved by THE TRAFFIC ENGINEER, to the City at the pre -construction meeting. The cost for traffic control shall be subsidiary to the unit prices for this project. D-56 CONSTRUCTION TRAFFIC OVER PIPELINES: The design of the new pipes and design of the existing pipe have taken into account and provided for highway live loads. It is apparent, however, that certain construction vehicles could exceed this highway load condition under shallow bury !� conditions. It will be the responsibility of the Contractor m� to protect both the new line and the existing lines from these possible excessive loads. The Contractor shall not at any time cross the existing or new pipe or valve vaults with a truck delivering new pipe to the site. Any damage to the existing or new pipe or buried structures will be repaired or replaced by the Contractor to the Satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection, the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed. It still is, however the responsibility of the contractor to repair any damage to the existing or proposed lines if the damage results from any phase of his construction operation. 0 D-57 CRUSHED LIMESTONE BACKFILL: Where specified on the plans or directed by the Engineer, crushed limestone shall be used for trench backfill on this project. The material shall conform to Transportation and Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 Materials and Division 2 Item 208.3 Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill of the General Contract Documents and Specifications. Payments for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of Backfill Materials of General Contract Documents and Specifications. D-58 CONNECTION OF EXISTING WATER MAINS The Contractor shall determine the exact location, elevation, configuration and angulation of existing water line prior to manufacturing of the connecting piece, and the cost for making connections to existing water lines shall be included in the price bid for the respective sizes of pipe. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down 28 ci 0 time to a minimum-. In case of shutting down an existing main, the Contractor shall notify Mr. David Townsend, Construction Engineer, Phone 871 8306, at least 48 hours prior to the required shut down time. The Contractor's attention is directed to Paragraph C5-5.15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C - GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer r both personally and in writing as to the location, time, and L schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. D-59 PAVEMENT REPAIR (E2-19): The unit price bid under the appropriate bid item of the proposal shall cover all cost fl 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 1 through 5. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of fl the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be back filled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with finished street surface. This finished grade shall be maintained in afl a serviceable condition until the paving has been replaced. All residents driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of 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. 0fl Therefore, at the locations in the project where the trench wall is three (3) feet of 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 0 gutter outside the trench wall nearest the center of the street to the line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are fl not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A. permit must be obtained from Transportation and Public Works Construction Section by the Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cut in the street. Transportation and Public Works will inspect the paving repair after construction of each water main replacement. n 29 D-60 SANITARY SEWER SERVICES: Any reconnection, relocation, replacement, or new sanitary sewer service shall be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured saddle taps or tees. The Contractor shall be responsible for coordinating the scheduling of tapping crew with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6- 6.15. 1. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. All sanitary sewer service lines shall be replaced to the property line or easement line in alleys or easements, to the back of curb in streets, or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payments for work such as backfill, saddle, fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. 2. SEWER SERVICE REPLACEMENT: All building sewer encountered during construction shall be adjusted and /or replaced by the Contractor as directed by the Engineer as required for there connection of the sewer service line. If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The length of the replacement shall be determined by the Engineer. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. Connection to the existing sewer service line shall be made with appropriate adapter fitting. The fitting shall be a urethane or neoprene coupling A.ST.M. C-425 with series 300 stainless steel compression straps. Payment for work and materials such as backfill, pipe, fittings, and all other associated work for service replacements in excess of four (4) linear feet shall be 30 included in the linear foot price bid for sanitary sewer services line. Payment for all work and material involving the "tap" shall be included in the price bid for sanitary sewer service taps. L 7 J LI HI D-61 SANITARY SEWER MANHOLES: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1014 Materials for Sanitary Sewer Manholes, Valve Vaults, etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. 1. Concrete Collars: Concrete collars when indicated on the plans will be required as per Fig. 121. 2. Watertight Manhole Inserts: Watertight gasketed manhole inserts shall be installed in sanitary sewer manholes when indicated on the plans. Inserts shall be constructed in accordance with Fort Worth Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations. 3. Lift -Holes: All lift precast concrete plug. on the outside of the approved equal sealant. on the inside of the mar grout. 4. Final Rim Elevations: holes sha The lift manhole The lift hole with 11 be hole with hole quic] plugged with a shall be sealed Ram-Nek or an shall be sealed c setting cement A. Manhole rims in parkways, lawns, alleys and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regraded near the manhole. B. Manhole in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. Manhole Covers: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim It' 31 of the frame and shall have no larger than 1/8 -inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100 year flood plain and areas specifically designated on the plans. Certainteed Ductile Iron Manhole Lids and Frames are acceptable for use where Locking lids are specified. 6. Shallow Manhole- Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow manholes shall be built in accordance with Fig. 106 or per Fig. 103 but with a flat slab top (no cones sections will be allowed). All shallow manholes shall have a 24" x 40" cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIG. 105 WILL NOT BE ALLOWED. 7. Manhole Steps: No Manhole steps are to be installed on any Sanitary Sewer Manhole. 8. Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy paint, Koppers "Bitumastic Super Service Black", Tnemec, "46-450 Heavy Tnemecol", or equal to a minimum of 14 mils dry film thickness. 9. Manhole Joint Sealing A. General: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed O-ring rubber gasket shall require bitumastic joint sealants as per attached Figure M. B. Materials: This sealants shall be performed and trowelable bitumastic as manufactured by Kent -Seal, Ram-Nek, E -Z Stick or equal. The joint sealer shall be supplied in either extruded rope -form of suitable cross- sectional area or flat -form and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the J 0 product as a preformed flexible joint sealant fl on concrete pipe and manhole sections for a period of at least five years. C. Installation of Joint Sealant: Each grade adjustment ring and manhole frame shall be sealed with the above specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly clean of dirt, sand, mud or other foreign matter. A primer shall be applied to all surfaces prior to fl a installing the joint sealant in accordance with the recommendations by the manufacturer. The protective wrapper shall remain on the joint sealant until immediately prior to Uplacement of the pipe in the trench. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames II and cover over manhole opening with the bottom of the rings resting on bitumastic joint sealer. Frames and grade rings shall fl rest on two (2) rows (inside and outside) of bitumastic joint sealer. 10. Sealing and/or Adjusting Existing Manholes: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole 0 wall keeping the sides of the trench nearly vertical. A. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. II Grade rings that are constructed of brick, block, or materials other than precast concrete shall be replaced with precast n concrete rings, or where necessary and 0 approved by the Engineer, a precast flat top section. Precast concrete rings, or precast 0 flat top section will be the only adjustments allowed. B. In brick or block manholes replace the upper fl portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally fl unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced by the Contractor's expense. ci33 C. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed with an application of a quick setting hydraulic cement to provide a smooth working surface. D. If the inside diameter of the manhole is too large to safely support new adjustment rings or frame, a flat top section shall be installed. E. Joint surfaces between the frame, adjustment rings, and cone section shall be free of dirt, stones, debris, and voids to ensure a watertight seal. Place a flexible gasket joint material in two concentric rings along the inside and outside edge of each joint, or use trowelable material in lieu of preformed gasket material. Position the butt joint for each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. F. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. G. All exposed surfaces shall be coated with two mop coats of coal tar epoxy paint, Koppers "Bitumastic Super Service Black", Tnemec, "46-450 Heavy Tnemecol", or equal to aminimum of 14 mils dry film thickness. 11. Measurement and Payment: A. The price bid for new/replacement manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including but not limited to joint sealing, lift hole sealing and exterior surface coating. B. The price for adjusting and/or sealing of 34 existing manholes equipment, and adjusting and/or including but not lift hole seali coating. shall include all labor, materials necessary for sealing of the manhole limited to joint sealing, ng and exterior surface C. Payment for concrete manhole inserts, if separately, based items. collars and watertight required, will be made on the appropriate bid D-62 REMOVAL. SALVAGE. AND ABANDONMENT OF EXISTING FACILITIES: Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2- 27 Removing Pipe, of the General Contract Documents and Specifications unless amended or superseded by the requirements of this Special Condition. 1. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 salvaging of materials. Backfill material for the void meter box shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If water main is to remain active, the contractor will be required to plug water service line at main. 2. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 salvaging of materials. The concrete vault shall be demolished in place to a point not less than 18 -inches below final grade. The concrete vault shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. backfill material shall be suitable material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 3. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable 35 excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 4. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the Valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault the vault shall be demolished in place to a point no less than 18" below final grade. 5. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the closed position and demolishing the valve box in place to a point not less than 18 -inches below final grade. Concrete shall then be used as backfill material to match existing grade. 6. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have the top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 7. ABANDONMENT OF MANHOLES: Manholes to be demolished in place shall have all pipes entering or existing the structure plugged with lean concrete. Manholes tops or cone section shall be removed to the top of the full barrel diameter section or to point not less than 18 - inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material approved by Engineer. Surface restoration shall be compatible with surrounding surface. Payment for work involved in backfilling, plugging of pipe and all other appurtenant required, shall be included in the appropriate bid items. 8. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole including, top or Cone Section, all full barrel diameter section and base section shall be removed. The excavation shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. D 9. CUTTING AND PLUGGING OF EXISTING MAINS: At various locations on this project it may be required to cut, plug and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered incidental and all costs incurred will be considered to be included in the fl D linear foot bid price of the pipe, unless separate trenching is required. D 10. REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required. It shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants, and afl meter boxes shall be delivered to Water Department Field Operations, Storage Yard. fl 11. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing of existing facilities shall be included in the linear nn foot bid price of the pipe except as follows: separate payment will be made for removal of all Fire Hydrants, Gate Valves 16 -inch and larger, and Sanitary Sewer Manholes regardless of location. Payment will be made for salvaging, abandoning and/or removing of all other existing facilities when said facility is not being replaced in the same trench, i.e. when removal requires a separate trenching operation. D-63 PIPE CLEANING Joined shall be wiped and then inspected for installation by the inspectors. Each joint shall be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. D-64 MECHANICS AND MATERIALMEN LIEN : The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. D-65 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 37 received written ;permission of the engineer to make a substitution for the material which has been specified. Where the term "or equal, "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the city. If a product of any other name is proposed for use, the engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal," or "or approved equal " is not used 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-66 VALVE BLOCKING All valves shall have concrete blocking for support. Valves shall have polyethylene wrapping per Material specifications El -13 and Construction Specification E2-13 installed prior to concrete blocking. No separate payment will be made for any of the work involved for this item and costs incurred will be considered to be included in the bid price of the valve. D-67 STERILIZATION AND TESTING OF WATER MAINS : All pipes for the transportation of water on this project shall be tested and the Contractor shall assume full responsibility for any test failure. The Contractor shall abide by all the requirements of E2-24 of the General Contract Documents. After testing and sterilization, the contractor shall complete all necessary closure to provide a complete and functional system as designed. After cleaning and chlorinating, the Contractor shall replace plugs and backfill and then test the mains in accordance with the specific requirements of paragraph E2- 4.6 and E2-7.7 of the General contract documents. The contractor shall clean up any foreign matter or debris flushed out of the main. D-68 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL : 1. DESCRIPTION : This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall 38 ci at no time be- used as a substitute for the permanent a control measure 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 uinclude dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, baled -hay retards, dikes, slope drains and other devices. 2. CONSTRUCTION REQUIREMENTS : The Engineer has the authority to define erodible earth and the authority to U limit the surface area of erodible -earth material exposed preparing right-of-way, clearing and grubbing, ii 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 D , 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 LA prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the afl 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 fl conditions make such limitations unrealistic, temporary Li soil -erosion -control measures shall be performed as directed by the Engineer. The CONTRACTOR shall also confirm to the following practices and controls. All U labor, tools, equipment and incidentals to complete the work will not be paid for directly but shall be considered as subsidiary work to the various items included in the contract. (a). Waste or disposal areas and construction roads shall be located and constructed in a manner that will D minimize the amount of sediment entering streams. (b). Frequent fordings of live streams will not be O permitted: therefore, temporary bridges or other structures shall be used whereever appreciable number a of stream crossings are necessary. .Unless otherwise approved on writing by the engineer, mechanized equipment shall not be operated in live streams. O39 (c). Works 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. (d). All waterway shall be cleared as soon as 0 practicable of false work, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. N (e). The CONTRACTOR shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference p with movement of migratory fish. 3. SUBMITTAL : Prior to the start of the applicable construction, the CONTRACTOR shall submit for approvals schedules for accomplishment of soil -erosion -control work and his plan to keep the area of erodible -earth material to a minimum. He shall also submit for acceptance his proposed method of soil -erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil -erosion control schedules and methods of operations have been reviewed and approved by the Engineer. 4. 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-69 SAMPLES AND QUALITY CONTROL TESTING : 1. The contractor shall furnish, at his own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a 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 materials was taken. The Contractor shall provide the manufacturer's certifications for all items to be used in the project and will bear any expense related thereto. 2. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine (9) days prior to the placing of concrete using the same 40 a n aggregate, and cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the city. 3. Quality control testing of in -place material on u 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 fl shall in no way relieve the Contractor of itAs LI responsibility to furnish materials and equipment conforming to the requirements of the contract. fl4. Not less than twenty-four (24) hours notice shall be provided to the City by the contractor for operations requiring testing. the contractor shall fl D 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 Dbeing tested. 5. 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. a D-70 EXTRA DEPTH OF WATER LINE : This pay item is established for the purpose of establishing a unit price designation for any unanticipated changes in the depth of O the proposed water main during construction. The unit price bid shall include all necessary labor, tools and materials, including trench safety systems and special trench shoring to increase the installed depth of the water line by 12". II this unit price shall pertain to all sizes of water main construction from 4" to 12" in diameter. D-71 PRESSURE CLEANING AND TESTING (MISC. EXT.) : Care Q shall be taken to keep all water extensions clean and free from foreign objects. Chlorinated lime shall be placed in +U the first joint of pipe of the extension and upon completion of the pipe laying, water shall be introduced slowly for sterilization after which the extension shall be thoroughly flushed with clean water. Risers shall be installed, as directed by the engineer, for flushing and for providing D sample points for bacterial tests. The water main extensions of the project shall be tested under normal line pressure and any leaks observed shall be immediately D repaired. U D-72 PROTECTION OF TREES : The Contractor shall be responsible for the protection of all trees that do not directly conflict with permanent improvements as determined ci 41 by the Engineer. --The contractor shall take care to remove as few trees as possible and no trees shall be removed, trimmed or pruned without prior written consent of the Owner. In the event such damage should occur, the contractor will (at the option of the Owner) either replace same with like kind, species, size, or pay damages to the Owner for the full value of the item damaged as appraised by a qualified Landscape nursery or arborist selected by the Owner. D-73 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction. ALL sections of sanitary sewer lines shall have a television inspection performed. Work shall consist of furnishing all labor, materials, and equipment necessary for inspection of the sewer lines by means of closed circuit television, satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B. TELEVISION INSPECTION EQUIPMENT: The television A camera used flor the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. C. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. manual winches, power winches, TV cable, and powered rewind or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. 42 The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll -tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when fl it becomes lodged during inspection, shall be U incidental to Television inspection. Sanitary sewer mains must be laced with enough water to fill all low points. The television inspection must be done immediately following the Q lacing of the main with no water flow. If sewer is active, flow must be restricted to provide a clear image of sewer being inspected. fl b. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to 0 an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans. A copy of these television logs will be n supplied to the City. i. Photographs: Instant developing, 35 mm, or other standard -size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations. ii. Videotape recordings: The purpose of tape recordings shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review 43 of the -tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re -televise and provide a good tape of to line at no cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television cameras. All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the proposal. D. PAYMENT OF POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for post -construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for the analysis. The quantity of TV inspection shall be measured as the total length of pipe to be replaced. This contract requires the Contractor to TV inspect the sewer lines twice, once before and once after construction. The contractor shall be paid for POST -CONSTRUCTION only. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of the cameras. The methods for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to TV Inspection. The item shall also include all costs of installing and maintaining any by pass pumping required to provide reliable, regular sewer service ti the area residents. All by pass pumping shall be incidental to the project. 44 D-74 PURGING AND STERILIZATION OF WATER LINES : Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will furnish all water for INITIAL cleaning and sterilization of water lines. All other materials for construction of the project, including appropriately sized "pipe cleaning pigs" and chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be " de -chlorinated" prior to disposal. The line may not be placed in service until successive sets of samples, taken 24 hours apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. D-75 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) All applicable provisions of Standard Specifications, Items Nos. 312 "Hot -Mix Asphaltic Concrete and 313 "Central Plant Recycling - Asphalt Concrete" shall apply to the connstruction methods for this portion of the Project. Standard Specification No. 312.5(1) shall be revised as follows: The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifty (50) degrees Fahrenheit and rising, the temperature being taken ("1 in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. aThe Contractor shall furnish batch design of the proposed hot mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide Dlaboratory control as necessary. The unit price bid per square yard of H.M.A.C., complete in place shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. D-76 3" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) All applicable provisions of Standard Specifications, Items Nos. 312 "Hot -Mix Asphaltic Concrete and 313 "Central Plant Recycling - Asphalt Concrete" shall apply to the connstruction methods for this portion of the Project. 45 Standard Specification No. 312.5(1) shall be revised as follows: The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifty (50) degrees Fahrenheit and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. The Contractor shall furnish batch design of the proposed +� hot mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per square yard of H.M.A.C., complete in place shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. D-77 ADDENDA: Bidders who desire further information, interpretation or clarification of the Contract Documents must make their request in writing to Abe Calderon, P.E. of the City of Fort Worth Engineering Department, at least 96 hours prior to bid opening. Answers to all requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should the bidder find discrepancies in, or omissions from, the Contract Documents, or should he be in doubt as to their meaning, he should at once notify Abe Calderon, P.E. of the City of Fort Worth Engineering Department, in order that a written addendum may be sent to all bidders. Any proposal as submitted by the bidder must be so constructed as to include any addenda issued by Abe Calderon, P.E. of the City of Fort Worth Engineering Department, prior to 24 hours of the opening of bids with the appropriate recognition of addenda so noted in the bid proposal. D-78 COORDINATION OF MEETINGS : For coordination purposes, monthly meetings at the job site may be required to maintain the project on the desired schedule. The Contractor shall be present at all meetings. D-79 COPIES OF PLANS AND SPECIFICATIONS FURNISHED : Five (5) sets of plans ans specifications shall be furnished to the Contractor at no charge for construction purposes. a� Additional sets may be obtained from the Engineer at the cost quoted in the "Notice to Bidders". D-80 DURING THE CONSTRUCTION OF THIS PROJECT The Contractor shall comply with the present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 46 0 0 fl 0 D-81 2:27 CONCRETE : The 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 -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 Uconcrete. D-82 DETECTABLE WARNING TAPE : Detectable underground utility warning tapes which can be located from the surface u by a pipe detector shall be installed directly above the non-metallic water and sanitary sewer pipe. The detectable Ii tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mil solid aluminum foil encased in protective inert jacket that is impervious to all known fl alkalis, acids, chemical reagents and solvents found in the LI soil. The minimum overall thickness of the tape shall be 5.5 mil, and the width shall not be less than 2 inches, with a minimum unit weight of 2 1/2 pounds /inch/100 feet. The tape Q shall be color -coded and imprinted with the message as follows: TYPE COLOR LEGEND Q OF UTILITY CODE fl Sewer Safety Caution Buried Line Below Green Sewer Q Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18 inches between the tape and the pipe. Payment fl for work such as backfill bedding, blocking, detectable u tapes, and all other associated appurtenances required shall be included in the unit price bid for the appopriate bid item(s) D-83 EXPLORATORY EXCAVATION : In addition to those areas as fi may be designated on the Drawings, it shall be the Contractior's responsibility to excavate and locate existing utilities which may affect construction of the water facilities. All exploratory excavation shall occur far fl enough in advance to permit any necessary relocation to be Li made with minimum delay. All costs incurred by the Contractor in making exploratory excavations shall be considered to be included in the unit price bid for LI construction of water line &/or sewer or the associated structures. D D-84 VALVE CUT -INS : It may be necessary to cut -in gate valves to isolate the water main from which the extension ci 47 and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut -in the new valve. The work must be expedited to the utmost and all such cut -ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without services. D-85 CONNECTION TO EXISTING WATER MAINS: The Contractor shall determine the exact location, elevation, configuration and angulation of the existing water line prior to manufacturing of the connecting piece, and the cost for making connections to existing water lines shall be included in the price bid for the respective sizes of pipe. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the WATER DEPARTMENT AND FIELD INSPECTION. and all efforts shall be made to keep this down time to a minimum. The Contractor's attention is directed to Paragraph C5-5.15 4y INTERRUPTION OF SERVICE, Page C5-5(5), PART C - GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location, time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the aporouriate nine size. D - 86 CONSTRUCTION SEQUENCE TO BE FOLLOWED BY BOTH UTILITY CONTRACTOR AND PAVING CONTRACTOR : Rosen Avenue Section A - Twenty Eight St. to Azel Ave. Section B - Azel Ave. to Twenty Third St. There will be only one contract for both sections of utility work and only one contract for both sections of paving. This project will be constructed as two separate construction projects. Section A - Twenty Eight St. to Azel Ave. and Section B - Azel Ave. to Twenty Third St. Each contractor will have to move onto the project site a minimum of two times. The cost for the mobilization and any incidental necessary to complete the work shall be considered subsidiary to the unit cost associated with this project. It is preferred that Section "A" be the first section to be constructed. At the time of advertisement, it was anticipated that the reconstruction of 27th. St. would be underway. Depending on the progress of 27th. St. reconstruction, the Section to be constructed first will be announced during the pre -construction conference. 48 a LII It the intent of the City to have one section of Rosen Ave. ci substantially completed (Utilities and Paving) prior to commencing the Utilities of •the second section. The Utility contractor shall start, complete and obtain a final on the first section identified by the City at the pre -construction conference. Upon completion of the first section, the Utility contractor shall not proceed to the n second section of Rosen Ave. until notified by the City's U assigned inspector. This notification will give 30 calendar days from the date of the notice to commence construction on the second part. Time will start when the contractor starts LI work or at the end of 30 calendar day period, whichever comes first. The anticipated time of return to the second section could be as soon as the Paving contractor has all the driving surfaces open to traffic on the first section. Upon completion of the Utility contractor's work on the D first section, the Paving contractor shall commence the planned street reconstruction. The paving contractor shall be required to schedule his work based on the City's intent for the reconstruction of the two sections and on the U Utility contractors schedule as shown above. Upon completion of the first section, the Paving contractor will not be allowed to start construction of the second section of Rosen II Avenue until the Utility contractor has received a final on his work. The paving contractor shall not proceed to the second section of Rosen Ave. until notified by the City's Ufl assigned inspector. This notification will give 30 calendar days from the date of the notice to commence construction on the second part. Time will start when the contractor starts O work or at the end of the 30 calendar days period, whichever comes first. Time for construction will be as follows: "A" Section - Allowed Construction Time Water and Sewer - 30 - Working Days Paving and Drainage - 40 - Working Days Section "B" - Allowed Construction Time fiPaving Water and Sewer - 45 and Drainage - - Working Days 60 - Working Days 0 0 [$1 0 49 0 a 0 0 0 D 0 El L a 0 0 D D 0 I a I SECTION E SPECIFICATIONS 0 'LI 111 I D P ci 4 Q ci WATER DEPARTMENT SECTIOA E SPECIFICATIONS JA,MUARY 1, 1976 All materials, construction methods and procedures used in this project shall conform to Sections El, EZ, and eneralESpecifications,Worth togetherWater withpeiyment General Contract Documents andG additional material specification(L), construction(s) orne later revision(s). (See revisions listed on this sheet). Sections of the Fort Worth Water Department Gea General Contract Documents contract documzntbyrefzrence General Specifications are herebypart for all purposes, the same as if copies verbatim Herein, and such Sections,, are filed and kept in the office ffice of the cityity ofFort Secretary rNorti�the City of Fort Worth as an official record of the INDEX El MATERIAL SPECIFICATIONS EZ C0�ISTRUCTI ON SPECI FI CATI OilS E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1961, follow: El -2.4 Backfill: (Correct minimum compaction requirement to 955 Procter density md correct P.I. values as follows:) C. Additional backfill requirements when approved for use in streets: 1. Type B Backfill (c) Maximum plastic index (PI) shall be 8 2. Type C Backfill (a) or tlessl mshallbeconsidered ts asand suitablc:9forPcon•.pact- less sl jetting Tot by l g requirement and havinl a PI of 9 (�) Material n__Ling or more shall be considered for use only wit,' mechanical compaction Q_2.l1Trenc1 Backfill: (Correct minimum co:npac appears in this section to 95% Procter L where the "9iwA modified Procter density" U. ion requirement wherever it uusity except for paragrapn a.l. shall•remain unchangeu).' 0 ci SECTION E100 - MATERIAL SPECIFICATIONS MATERIAL STANDARD E10O-4 JANUARY 1, 1978 (ADDED 5/13/90) U EIOO-4 WATERTIGHT EIOO-4.1 MANHOLE INSFR7S GENERAL: This standard covers the furnishing and installation of watertight system. gasketed manhole inserts in the Fort Worth sanitary sewer collection El 4.2 MATERIALS S AND DESI ,N: a. The manhole'insert shall be of corrosion -proof high density polyethelene that meets or exceeds the requirements of ASTM 01248, Category 5, Type III. b. The minimum thickness of the manhole insert " e t shall be 1/8 . c. The manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprene rubber and meet the requirement of ASTM 01056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1" wide woven polypropalene or nylon webbing, with the ends treated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. e. The manhole insert shall have one or more vent holes or valves to release gasses and allow water inflow at a rate no greater than 10 gallons per 24 hours. D100-4.3 INSTALLATION: a. The manhole frame shall be cleaned of all dirt and debris before placing the manhole insert on the rim. b. The manhole insert shall be fully seated around the manhole ma ole frame rim to retard water from seeping between the cover and the manhole frame fl rim. F11 ci aE100 (1) I a ; 0 a a a 0 11 Q O aPROJECT DESIGNATION SIGN El ci D Q El ci a a U ® D C PMS 167 (Copper) ,....._. PMS 288 (6,u,., ,T- PMS 288 (Blue) ► %, 8'-0" „ ?.25 ?.25 0 (V 4.5" 3", 3' -1.5" LL FOjrW1H 4'-1.5" m Your", Water Funds In Action_ �. PMS 288 (Blue) Ii 'L_ White PROJECT SIGN Figure 30 3.75" 0 3.75" N 0 4.5" Scale 1"=1' 09/18/96 E2-1 Construction 0 EXISTING STREET TEMPORARY PAVEMENT REPAIR PAVEMENT /SHALL BE HOTOR COLD MIX / ASPHALT, ROLLED 2' MINIMUM MIN. 6' COWACTE� FLEX -BASE :K4TERIAL EXIST. BASE X SAND MATERIAL - OR GRANULAR EMBEDMENT • • "l' x EXCAVATED MATERIAL SHALL CONSIST II• MATERIAL FREE CF THIN OR ELI3NGATCD PIECES, ROCKS. LUPPS OF CLAY, CIL, LOAM OR VEGETABLE MATTER 1-6' K INCLUDED IN LINEAR FOOT BID PRICE OF PIPE - EXCAVATION, BACKFILL AND PAVEMENT REPAIR UNDER EXISTING STREETS CASE 31 .EXISTING PAVED STREET TO BE RECONSTRUCTED • FIGURE A (WATERi SIZES UP TO & INCLUDING 12') SHEET I OF 2 NTS REV, MAY 8, 1996 I? EXISTING STREET TEMPORARY PAVEMENT REPAIR PAVEMENT SHALL BE HOTOR COLD MIX / ASPHALT, ROLLED 2' MINIMUM MIN. 6' COMPACTED FLEX -BASE MATERIAL. EXIST. BASE D Q w SAND MATERIAL ❑R GRANULAR EMBEDMENT . • m EXCAVATED MATERIAL SHALL CONSIST OF MATERIAL FREE OF THEN OR ELONGATED PIECES ROCKS U*PS OF CLAY. SOIL LOAM OR VEGETABLE MATTER, 1'-6' MAXI D(. CRUSHED STONE w INCLUDED IN LINEAR FOOT BID PRICE OF PIPE . EXCAVATION, BACKF•ILL : AND PAVEMENT REPAIR UNDER EXISTING STREETS CASE 3L EXISTING PAVED STREET T❑ BE RECONSTRUCTED FIGURE B (SEWERL ALL SIZES) <WATER' SIZES 16' & LAkGER) SHEET 2 OF 2 NTS REV* MAY 8, 199E ft Q. V a a 0) H ___ a h V Hi ________ 1' li U. li .•a' i.•tivitttsi E.rist /fe/er Yom// 11 Ste De/o►// /'o.- �� Term. Se. -Pits _�""""" Conna rlion. Us' a tw#J I% P! It 1 V ___ 11 ft- - tf 1 '11 ' � D 1, f� vr�rri�� :t i:.straz �ss • •- �y� �' li �C 1 II IQ 1 " P -st z rraddSa♦�tt 11 • 11 11 11 To FH. O�//kt moo/' T /�io. Stt Ge/ii/ !br • 'L— kC9�r Sip o/y, /nit+rsecfro� Crosshv • E,ria� Cb CITY WATER DEPARTMENT Q• FORT WORTH, TEXAS • TYPICAL AlA/N -p LAYOUT a • F/Gl/�PE. f - n+ .ft•v 9.119O 4-e! Er. ContrdClor• s4o' 7 ba reQu%r•ed �t'Tcib%n9 to CovsP /aster v&U/r w/iti pro,cl%rt 9t/drd v. 'N �, �ddiot �►s reQuirtof ?'Ge!/v�iio� ;, '� ,rist.Ioi'im01V sQr✓i'ee • ,:• t •••,.....jam{ti.!: • '4\ i, ,+ /. \ 1 ••% A#!P r 34.v//. a re�»ovad .6y fi4e CoO,', ctor: • Con,,ect'bn from by•looss 1t ,orirde service the// ba e»�ds by Conlnrctor U • frill. clo oiler service Li,7s Ui. 0 0 CITY WATEF DEPARTMENT FORT WORTH. TEXAS rE4lR &E-RV/CE CONNECTION Rev. �� O u pq = = = = = = = = = © © = = = = = = = = CERTIFICATE OF INSURANCE, PERFORMANCE BOND, PAYMENT BOND, MAINTENANCE BOND NOTICE The following blank spaces in the Certificate of Insurance, Performance Bond, Payment Bond, Maintenance Bond, and Contract are not to be filled in by the Bidder at the time of submitting his proposal. These forms are included herein to familiarize the Bidder with such forms which the Bidder with such forms which the success Bidder will be required to execute. 0 It 0 0 II R 0 ki 0 ri n 0 0 C I 0 I 0 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: PROJECT NUMBER: IS TO CERTIFY THAT: is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance (Public Ea. Occurrence: $ Liability) Property Damage: Ea. Occurrence: $ Blasting Ea. Occurrence: $ Collapse of Building or structures adjacent to Ea. Occurrence: $ excavations Damage to Underground Utilities Ea. Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea. Person: $ Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Bodily Injury: Contractual Liability Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. Agency Fort Worth Agent By Address Title II From: La Nell Hudr ens Gordon Lund Insurance Ar enc Inc. Fax 977 7]B -n 191 Volce: 971* A4 CORDM PRODUCER (972)238-8174 FAX (972)238-8191 Gordon Lund Insurance Agency Inc 701 North Central Expressway Richardson, TX 75080 Attn: LaNell Hudgens Ext: INSURED Davila Construction, Inc. - 3325 Panola Ft Worth, TX 76103 174 T Pare I of 1 Mnnda . December 20. 19911 J:Cd,:5T PI DATE (MM/DD/YY) 09/22/1998 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. COMPANIES AFFORDING COVERAGE COMPANY Monticello Insurance Company A COMPANY B COMPANY C COMPANY D remans Fund County Mutua ited- ---------------------------------------------- Nationa'1 exas work Lonlp Insurance THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHERDOCUMENT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR I DATE (MMIDOM') DATE (MMIDD/W) LIMITS 1 GENERAL LIABILITY X I COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE PRODUCTS - COMP/OPACG ------------- CLAIMS MADE UUR OCC A MCL359142 I OWNER'S & CONTRACTOR'S PROT 09/04/1998 09/04/1999 PERSONAL&ADV114JJRY $ EACH OCCURRENCE ........500 .81/.DD 1 DFIREAIdN;E(Anyonefire) ..........._...._......--....-.._..........._... MED EXP (Any one Iwson) AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMT S 1 ALLOWNEDAIJTOS ...-...._...--......_......._._......:-.....-............. ,X SCHEDULED AUTOS i X HIRED AUTO' ; TCV000021/BCA151 09/04/1998 09/04/1999 BODILY IN,RIRY (Per person) BODILY It4J.IRY S ...1 X 1 NON -OWNED AUTOS (Per accidenl) GARAGE LIABILITY -1 AI-' AI•ITO . EXCESS LIABILITY C X IJMBRELLAFORM CU48405 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY D THE PROPRIETOR/ TSF-0001052013 PARTNERS/EXECUTIVEI ^ I INCL I OFFICERS ARE I EXCL DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS F'ROPERTY DAMAGE S AUTO ONL-Y. EA ACCIDENT OTHER THAI•I AUTO ONLY: EACH ACCIDENT $ ................_.............---.............--...-...._ AGGREGATE S EACH OCCURRENCE S 09/04/1998 09/04/1999 AGGREGATE S ._ .............................-..................._. S 12/01/1998 12/01/1999 EL EACHAI'C1DENT s EL DISEASE - POLICY LIMIT S EL DI SEASE - EA EMPLOYEE S 2,000,000 2,000,000 ------------------- 1,000,000 1,000,000 100,000 1.000 1,000,000 1,000.000 500 000 ............ - I .............. 500,000 500.000 The above General Liability extends- to cover work done by sub -contractors, damage to underground utilities for $500,000 and contractual liability City of Fort Worth ATTN: Carrie 1000 Throckniorton Street Ft Worth, TX 76102-631'1 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Q _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Mi 1•r. r.•l .•: ../I A hit-, I I 0 0 J J 0 I 0 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PW53- 060530173480 AND PS58-070580172990 pSTATE OF TEXAS § 0 COUNTY OF TARRANT § 0 a I 0 I I I I Title /f Date BEFORE ME, the undersigned authority, on this day personally appeared C.Ti) noiLR known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this © I day of OSCAR DE JESUS fiESTREPO NotaryPub 'c in d or Y Public. Still of Texas the State of Texas * GOa w , lies 0 PERFORMANCE BOND No. KO -6157233 THE STATE OF TEXAS JCOUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) Davila Construction, Inc.a (2)Corporation of TEXAS, hereinafter call Principal, and (3)Indemnity Insurance Company of North America a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: TWO HUNDRED TWO THOUSAND FOUR HUNDRED NINETY-SIX AND 25/100.... ($202,496.25) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 11TH of MAY , 1999 a copy of which is hereto attached and made a part hereof, for the construction of: WATER AND SANITARY SEWER REPLACEMENT IN ROSEN AVENUE FROM 28TH STREET TO AZLE AVENUE AND FROM AZLE AVENUE TO 23" STREET designated as Project No. (s) PW53-060530173480 & PS58-070580172990, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands -I incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages Jwhich it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. f I 0 F1 L ii 7 J J J PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. N WITNESS WHEREOF, this instrument is executed in 7counterparts each one of which shall be deemed an original, this the - TH of MAY, 1999. ATTEST: (Principal) Secretary (SEAL) Witness as to Principal 811 Lamar, Suite 310, Fort Worth Texas 76102 (Address) F2 PRINCIPAI,,;(/4) B j LA(,✓ (/6 fl4k Title: 3325 PANOL ENUE FORT WORTH, TX 76103 (Address) Indemnity nsurance Company of North America Sur ty BY: (Attorne - (5) Martin A. Prisant 811 Lamar. Suite 310. Fort Worth Texas 76102 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact.. PAYMENT BOND No. KO -6157233 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) DAVILA CONSTRUCTION, INC., a J (2) Corporation of Texas, hereinafter call Principal, and (3) Indemnity Insurance Company of North America, a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of: TWO HUNDRED TWO THOUSAND FOUR HUNDRED NINETY-SIX AND 25/100.... ($202,496.25) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 11TH day of MAY A.D. , 1999, a copy of which is hereto attached and made a part thereof, for the construction of:: WATER AND SANITARY SEWER REPLACEMENT IN ROSEN AVENUE FROM 281" STREET TO AZLE AVENUE AND FROM AZLE AVENUE TO 23" STREET ] _______________________________ Project No. (s) PW53-060530173480 & PS58-070580172990, a copy of which is hereto attached, referred j to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. F10 I 7 J J J THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 7 counterparts each one of which shall be deemed an original, this the day of MAYA.D., 1999. ATTEST: / j,'7 PR fdCIP1 (4) Title: (Principal) Secretary (SEAL) ] _____ TTE J (SEAL) fitness 1 Witness as to Principal Address a ) Secretary 811 Lamar, Suite 310, Fort Worth, Texas 76102 3325 PANOL-A AVENUE FORT WORTH, TX 76103 (Address) Indemnit Insurance Company of North America Surety o BY: (Attorne c ) Martin A. Prisant (Address) 811 Lamar. Suite 310. Fort Worth, Texas 76102 (Address) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney in Fact. n PnwPY of INDEMNITY INSURANCE COMPANY OF NORTH AMERICA 827067 4t1Oiney Bond No. KO -6157233 CIGNA Know all men by these presents: That INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania , having its principal office in the City of Philadelphia , Pennsylvania , pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 5, 1983, to wit: "RESOLVED, That pursuant to Articles 3.18 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and oilier writings in the nature thereof (1) That the President, any Senior Vice President, any Vice President, and Assistant Vice President, or any Attorney -in -Fact, may execute for and on behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof; the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the President, any Senior Vice President, any Vice President or any Assistant Vice President may appoint and authorize any other Officer (elected or appointed) of the Company, ant Attorneys -In -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the President, or a Senior Vice President, or a Vice President, or an Assistant Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying Officer and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys -In -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolutions of the Board of Directors adopted on June 9, 1953, May 28, 1975, and March 23, 1977." does here O a a) U) C N (0 - C (II •1- o.2 (6 — 7 C (0(l) O N 9— O O Oa) C C0 CO N i7: N O C f_ a) O (6 U > a) y_, L O >_ Z o C N n :by nominate, constitute and appoint MARTIN A. PRISANT of the City of Miami, State of Florida , each individually if there be more than one named, its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Five Hundred Thousand Dollars ($500,000) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and ackowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said William Jungreis, Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INDEMNITY INSURANCE COMPANY OF NORTH AMERICA this 25th day of March 1999. �AwyY INDEMNITY INSURANCE COMPANY OF NORTH AMERICA SEAL. 44lose William Jungreis, Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On This 25th day of March, A.D. 1999 , before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came William Jungreis, Vice -President of the INDEMNITY INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. NOTARIAL SEAL DEBRA M. MARANO, Notary Public City of Philadelphia, Phila. County My Commission Expires Dec 20,1999 Notary Public I, the undersigned Secretary of INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, this7 t. h day of May 1 taQQ 1 SfAt! 1 �I. test Debra H. Paziora , Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER March 25, 2001 . NOT VALID UNLESS PRINTED ON TEAL BACKGROUND ElBS -38449d MAINTENANCE BOND No. KO -6157233 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That (1) DAVILA CONSTRUCTION, INC. as Principal, acting herein by and through (2) ALMA DAVILA its duly authorized VICE PRESIDENT and (3) INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a corporation organized under the laws of the State of Pennsylvania., as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of TWO HUNDRED TWO THOUSAND FOUR HUNDRED NINETY-SIX AND 25/100... ($202,496.25) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, MAY 11 1999 WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth dated, , the performance of the following described public work and the construction of the following described public improvements: WATER AND SANITARY SEWER REPLACEMENT IN ROSEN AVENUE FROM 28"' STREET TO AZLE AVENUE AND FROM AZLE AVENUE TO 23" STREET of same being referred to herein and in said contract as the Work and being designated as Project No. (s) PW53- 060530173480 & PS58-070580172990 and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and , WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One (1) Year after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One (1) Year; and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. it F5 NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF, this instrument is executed in 7 counterparts, each one of which shall be deemed an original, dated May I th,1999 ATTEST: (Principal) Secre (Seal) 0 I Witness as to Principal J 1 I I 0 0 FORT WORTH, TX 76103 (Address) INDEMNITY INSURANCE COMPANY OF NORTH AMERICA Surety BY: (Attorney -m- a (5) Martin A. Prisant 811 Lamar, suite 310, Fort Worth Texas 76102 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a partnership or an Individual, as case may be (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact. n F6 0 0 PART G - CONTRACT aTHE STATE OF TEXAS § 0 COUNTY OF TARRANT § p THIS CONTRACT, made and entered into MAY 11, 1999 by and between the City of Fort Worth, a home -rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and a DAVILA CONSTRUCTION INC of the City of FORT WORTH County of TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed "CONTRACTOR". 0 WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said party of the First Part (Owner) to commence and complete certain improvements described as follows: WATER AND SANITARY SEWER REPLACEMENT IN ROSEN AVENUE FROM 28TH STREET TO AZLE AVENUE AND FROM AZLE AVENUE TO 23RD STREET LI And all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendent, labor, bonds, insurance, and other accessories and services necessary to complete the j1 said construction, in accordance with all the requirements of the Contract Documents, which include all j� maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been LI identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contractor Documents and General Specifications, all of which are made a part hereof and collectively and constitute the entire contract. I 0 I 0 I Gl 0 The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the proposal. The Owner agrees to pay the contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in 7 counterparts in the year and say first above written. City of Fort Worth, Texas (Owner) Party of the First part ' BY: ASST. City Manager CW DAVILA CONSTRUCTION INC 3325 PANOLA AVE U A. Douglas Rademaker, P.E. Director Department of Engineering CW k 1-1 ATTEST: City Secretary (Seal) WITNESSES: Approved as to Form and Legality: Gary Steinberger, Asst. City Attorney C-- /iYIA Contract Authorization Date 0 I I 0 D a ci 0 0 0 0 I 0 a I D a a a SPECIAL INSTRUCTIONS TO BIDDERS I I 0 SPECIAL INSTRUCTIONS TO BIDDERS a 1. BID SECURITY: 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%) per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute [] the contract documents within ten (10) days after the contract has been awarded. [J To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the O limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one -tenth (1/10) the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be alicensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one -tenth (1/10) of the total capital and surplus. If areinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. DNo sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety Qsatisfactory to the City. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the Oamount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. U 0 SI-i I] If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. 3. LIQUIDATED DAMAGES: The Contractor's attention is called to - Part 1, Item 8, 9 Paragraph 8.6, of the "General Provisions" of the Standard Specifications 'for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of [] projects. 94. AMBIGUITY:In 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. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No. 7278 as fl amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A- 29) prohibiting discrimination in employment practices. D6. WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing awage rates as established by the City of Fort Worth, Texas and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in 9 determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licens- Qing Agency. D 8. INSURANCE:Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury - $250,000 each person, $500,000 each occurrence; Property Damage - $300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be 0 required by each individual project. 9. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the I] City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder 9 by the same amount that a Texas resident bidder would be required to underbid II SI-2 0 I 0 0 0 D I 0 0 0 0 J 0 0 0 0 I I a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes 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 non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to-do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non -responsive. In addition, the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documenta- tion was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority 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 misrepresen- tation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being I SI-3 ci determined to be irresponsible and barred from participating in City work for a period of time aof not less than three (3) years. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids are opened. The award of contract, if made, will be within forty-nine (49) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. 12. PAYMENT:The Contractor will receive full payment (minus 5% retain age) from the City afor all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda r a enla to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non -responsive. 0 14. I 0 0 0 I 0 0 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: 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. 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. 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, 0 SI-4 0 0 0 0 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 provided 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. Qc. 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 acoverage during the duration of the project, the contractor must, prior to the end of the *the period, file a new certificate of coverage with governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, U 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 during duration the current certificate of coverage ends the of project. af. 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 aknown, of any change that materially affects the provision of coverage of any person providing services on the project. U. 0 s1 -s 0 0 0 ci 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. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: ci (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statu- tory a 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; 9 (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 Fj employees of the person providing services on the project, for the duration of the project; O(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 ashown on the current certificate of coverage ends during the duration of the project; a(4) obtain from each other person with whom it contracts, and provide to the contractor: I.J (a) a certificate of coverage, prior to the other person beginning work on 9 the project; and Othe (b) a new certificate of coverage showing extension of coverage, prior to if end of the coverage period, 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, awithin 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 0 SI-6 U (7) contractually require each person with whom it contracts, to perform as Qrequired by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. I] j. 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 fl 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 a or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach -of contract fl PY 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. B. The contractor shall post a notice on each project site informing all persons providing services U. 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 U 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 U 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 aon 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". 0 (l SI-7 I ci 0 0 0 0 0 it 0 0 u 15. NON DISCRIMINATION: The Contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 16. AGE DISCRIMINATION: 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, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, 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 requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it 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 u employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws U concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to pcomply with the above -referenced laws concerning disability discrimination in the performance of this Contract. aRevised March 15, 1996 0 Q SI-8 I Texas OA'VDepartment f Transportation ATTACHMENT "A" ljCITY OF FORT WORTH PROPOSED STREET RECONSTRUCTION ON SH 183 (SOUTH SIDE) AT INTERSECTION OF ROSEN STREET Forth Worth, Texas The State approves the proposed reconstruction of an existing street (Rosen Street) located on the south side of SH 183 in the City of Fort Worth, Texas. All construction by the CITY OF FORT WORTH, shall be coordinated with the Texas Department of Transportation. fl Signs and barricades shall be provided by the contractor which shall consist of detours, barricades, warning signs, flares, flashing light signals, and flagmen as are necessary to direct and protect vehicular traffic while the construction work as described above is done on the State fl right of way. All traffic control procedures as mentioned above shall be in compliance with the "Texas Manual on Uniform Traffic Control Devices. fl Utility companies shall be given prior notification of the pending construction to ensure that no conflicts exist within this project area. This permit does not include new utility installations (water lines, fire hydrants, or irrigation). Any utility installations within the right of way will require flpermit application to obtain permit approval. "Mr. Zach Sessions, Transportation Maintenance Supervisor V, telephone number 817-232-1304, Saginaw, Texas, shall be notified twenty-four hours prior to beginning the reconstruction of this street within the State right of way. Mr. James Ward, Traffic Signal Supervisor, telephone number 817-370-6751, shall be notified forty-eight hours prior to beginning any excavation within the right of way in order that the State may verify the existence of any electrical wiring. Failure to provide proper notification will result in the immediate repair at the grantee's expense. I I C U PERMIT TO CONSTRUCT ACCESS DRIVEWAY FACILITIES ' 7ON HIGHWAY RIGHT OF WAY To: CITY OF FORT WORTH Hwy. SH 183 Permit No. 10 -SC -147-98 a \J C/O MR. ABE CALDERONP.E. Control 94 Section 5 1000 THROCKMORTON FORT WORTH, TEXAS 76102 The Texas Department of Transportation, hereinafter called the State, hereby authorizes CITY OF FORT WORTH, a hereinafter called the grantee, to reconstruct an existing public street on the highway right-of-way abutting Highway No. SH 183 in TARRANT County, located ON SH 183 (SOUTH SIDE) AT THE INTERSECTION OF ROSEN STREET. Subject to the following: 1. The grantee is responsible for the costs associated with thproposed street improvements. 2. Design of facilities shall be as follows and/or as shown on sketch: TO RECONSTRUCT ROSEN STREET WITH SH 183 IN ACCORDANCE WITH THE ATTACHED PLANS. CONCRETE IN THE STATE RIGHT OF WAY SHALL BE A MINIMUM OF 7" OF CONCRETE REINFORCED WITH Dfl NO.4 REBAR ON 12" CENTERS. SAW CUT THE EXISTING ASPHALT PAVEMENT AS SHOWN ON PLANS, EXCAVATE, AND REPLACE WITH TYPE "D" HMAC SURFACE. SEE ATTACHMENTA". All construction and materials shall be subject to inspection and approval by the State. 0 3. Maintenance of facilities constructed hereunder shall be the responsibility of the grantee, and the State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State. 4. The grantee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. a5. Except for regulatory and guide signs at county roads and city streets, the Grantee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service fixtures such as service pumps,. vendor stands, or tanks shall be located at least twelve 3.6 meters (12 feet) from the right-of-way line to ensure that any vehicle services from these fixtures will be off the highway. 6. This permit will become null and void if the above -referenced street facilities are not constructed within six (6) months from the issuance date of this permit. ZACH SESSIONS, TMS V 7. The grantee will contact the State's representative SAGINAW, TEXAS telephone (817) 232-1304 at least twenty-four (24) hours prior to beginning the work authorized by this permit. ElDIST FILE: ZACH SESSIONS: Texas Department of Transportation 0 Date of Issuance aTime Process: 0 Date: JULY 24, 1998 1 DAY JULY 24, 1998 Texas Department of Transportation Highway Division P. 0. Box 6868 Fort Worth, TX 76115-0686 Mr. Glenn E. Elliott, P. E Director of Maintenance Rev. 12-86 PERMIT TO CONSTRUCT ACCESS DRIVEWAY FACILITIES ON HIGHWAY RIGHT OF WAY To: City of Fort Worth Hwy. Iii 183 Permit No./ C'— /4Z— ' a 1000 Throckmorton Control Section Fort Worth, Texas 76102 a The Texas Department of Transportation, hereinafter called the State, hereby authorizesCity of Fort Worth, Texas , hereinafter called the grantee, to (re)construct an access driveway on the highway right of way abutting highway no. 183 in Tarrant County, located at South approach to highway U183 (28th St) and Rosen Street Subject to the following: 1. The grantee is responsible for all costs associated with the construction of this access driveway. 2. Design of facilities shall be as follows and/or as shown of sketch. To make intersection improvements on Rosen St. and IH 183, South approach in accordance with e attacnea plans. a All construction and materials shall be subject to inspection and approval by the State. 3. Maintenance of facilities constructed hereunder shall be the responsibility of the grantee, and State reserves the right to require any changes, a maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State. 0 0 0 0 0 0 4. The Grantee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. 5. The Grantee shall not erect any sign on or extending over any portion of - the highway right of way, and vehicle service fixtures -such as service pumps, vender stands, or tank shall be located at least twelve (12) feet from the right-of-way line to ensure that any vehicle services from these fixtures will be off the highway. 6. This permit will become null and void facilities are not constructed within date of this permit. 7. 0 Date S. The Grantee will contact the State' telephone ($ (7 ) t beginning the or} orized by this Texas Department of �'ranspor. ,1011 Highway Division P. 0. Box 6868 Fort Worth. TX 76115-0686 of Issuance.: tJC,`7 Z 1 f �CIIIIIiI fl The undersigned -agrees to comply with the U permit for construction of and access driveway on the highway right or way. if the above -referenced driveway ,six (6)_ months from the issuance I .04GlaS/ representative .$Y/ ,v4/, J' least twenty-four(24) hou s b perritt . L APPROVEt TIME PROCESS: Signed: ,Ai&� Director, ep� t. of Engineering Satz / l f g AdCr esa :1000 Throckmorton -rmoo+ e F.._t Wort, 7? 76i02 �L City of Fort Worth, Texas 41"a.or and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/11/99 **C-17422 30ROSEN V 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO DAVILA CONSTRUCTION INC. FOR WATER AND SANITARY SEWER REPLACEMENT IN ROSEN AVENUE FROM 28TH STREET TO AZLE AVENUE AND FROM AZLE AVENUE TO 23RD STREET RECOMMENDATION: It is recommended that the City Council: Authorize the transfer of $232,821.25 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $197,286.25 and the Sewer Capital Project Fund in the amount of $35,535.00; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $197,286.25 and the Sewer Capital Project Fund in the amount of $35,535.00 from available funds; and 3. Authorize the City Manager to execute a contract with Davila Construction, Inc. in the amount of $202,496.25 for the water and sanitary sewer replacement in Rosen Avenue (from 28th Street to Azle Avenue and from Azle Avenue to 23rd Street). DISCUSSION: The 1993 Capital Improvement Program (CIP) included funds for the reconstruction of Rosen Avenue from 28th Street to Azle Avenue and from Azle Avenue to 23rd Street. The Water Department has determined that the water and sanitary sewer lines require replacement prior to the street reconstruction. The work to be performed under this contract includes the replacement of approximately 2,600 linear feet of water lines, 550 linear feet of sanitary sewer lines and related appurtenances. This project is located in COUNCIL DISTRICT 2, Mapsco 61 H. The project was advertised on January 28 and February 4, 1999. The following bids were received on February 25, 1999: BIDDERS AMOUNT Davila Construction, Inc. $202,496.25 Sherman Hudson Utility Construction 217,147.50 Estrella Construction, Inc. 218,098.00 Stocker Enterprises, Inc. 237,100.00 B&H Utilities, Inc. 263,952.00 Long Construction & Engineering 284,893.50 TIME OF COMPLETION 30 working days (28th Street to Azle Avenue) 45 working days (Azle Avenue to 23rd Street) City of Fort Worth, Texas "agor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/11/99 **C-17422 30ROSEN 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF .CONTRACT .TO DAVILA CONSTRUCTION INC. i FOR WATER AND SANITARY SEWER REPLACEMENT IN ROSEN AVENUE. FROM 28TH STREET TO AZLE AVENUE AND FROM AZLE AVENUE TO 23RD STREET Davila Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 19% M/WBE participation. The City's goal on this project is 19%. Funding in the amount of $20,200.00 (Water: $17,100.00; Sewer: $3,100.00) is included for associated water and sanitary sewer construction .inspection and survey. Contingency funds to cover change orders total $10,125.00 (Water: $8,610.00; Sewer: $1,515.00) FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion, of recommendation 1, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, .as appropriated, of the Water Capital Project Fund and the Sewer Capital Project Funds. MG:j Submitted for City Manager's Office by: Mike Groomer 6140 FUND ACCOUNT CENTER AMOUNT CITY SECRETARY (to) AP U��M(t CITY CO - MAY 11 199 Q.a..c 6 Ciffetarq of the City of Fort Worth. Terar 1 &2) PW53 472045 060530173480 $197,286.25 1&2) PS58 472045 070580172990 $ 35,535.00 Originating Department Head: A. Douglas Rademaker 6157 2) PW53 541200 060530173480 $180,186.25 2) PW53 531350 060530173480 $ 17,100.00 2) PS58 541200 070580172990 $ 32,435.00 2) PS58 531350 030580172990 $ 3,100.00 (from) 3) PS58 541200 070580172990 $ 30,920.00 Additional Information Contact: A. Douglas Rademaker 6157 3) PW53 541200 060530173480 $171,576.25 1) PE45 538070 0609020 $197,286.25 1) PE45 538070 0709020 $ 35,535.00 opted Ordinance No,