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024992 - Construction-Related - Contract - McClendon Construction Co., Inc.
CITY SECRETARY ✓ ' D.O.E. FILE CONTRACTOR'S BONDING CO. SPECIFICATIONS AND I CONSTRUCTION'S COPY CONTRACT DOCUMENTS CITY SECRETARY CONTRACT NO. 1 I CLIENT DEPARTMENT UNIT I: WATER AND SEWER REPLACEMENTS IN I CORDONE CT. AND CROMART CT. N & S PROJECT NUMBER(S): PW53-060530175620 PS58-070580174790 r I I UNIT II: PAVEMENT IMPROVEMENTS IN: CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC CRESTON COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC CROMART CT. N. FROM WESTCREEK DRIVE TO CROMART S. CROMART CT. S. FROM WESTCREEK DRIVE TO CROMART N. KENNETH L. BARR MAYOR DOE NO(S). 2018, 2027, 2025, 2026 K-1527 IN THE CITY OF FORT WORTH, TEXAS JAMES ALAN DCETE .. 72135 _. a BOB TERRELL CITY MANAGER LEE C. BRADLEY, PE. -DIRECTOR FORT WORTH WATER DEPARTMENT HUGO A. MALANGA, PE - DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, PE - DIRECTOR DEPARTMENT OF ENGINEERING m� EXHIBIT "A" UU1 GP 111511� Off 'C�!,V ii CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION aADDENDUM NO. 1 UNIT I: WATER AND SEWER REPLACEMENTS IN CORDONE CT. AND I] CROMART CT. N & S PROJECT NUMBER(S): PW53-060530175620 PS58-070580174790 UNIT II: PAVEMENT IMPROVEMENTS IN: a CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC CRESTON COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC CROMART CT. N. FROM WESTCREEK DRIVE TO CROMART S. aCROMART CT. S. FROM WESTCREEK DRIVE TO CROMART N. DOE NO(S). 2018, 2027, 2025, 2026 U RELEASE DATE: February 23, 1999 INFORMATION TO BIDDERS: The Special Contract Documents for the above mentioned project are revised and Uamended as follows: 1. In Unit II of the proposal pay item number 1 shall be revised to read as follows: S.P. 1. 1 LS. UTILITY ADJUSTMENT fl a SIXTEEN THOUSAND Dollars & NO Cents Per LS. $16,000.00 $16,000.00 2. Due to a printing error some contract documents have been found to be missing the following three pages: [I • The fourth page of the SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION/PUBLIC WORKS DEPARTMENT) as follows: 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 a 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. ft 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. U- 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 services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage • showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, IIservices of any change that materially affects the provision of coverage of any person providing on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by. the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on, classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees aproviding 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 [I certificate of coverage showing that coverage is being provided for all employees of the services on the for the duration of the project; person providing project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of a coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: • The ninth and tenth pages of the SPECIAL PROVISIONS a(TRANSPORTATION/PUBLIC WORKS) as follows: specified in Paragraph 5.4. 5.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 6. CONSTRUCTION METHODS U 0 0 C I I I 6.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 6.2 Sawing Joints: The joints shall be saw -cut to the width and depth as shown on the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 6.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one -direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown -out using compressed air. The blow tube shall fit into the joints. fl The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 6.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant a application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack -free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. U7. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a f written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final I] acceptance of the completed work by the Engineer. 8. BASIS OF PAYMENT fl No separate payment will be made for Silicone Joint Sealant. This item will be considered subsidiary to the contract will include furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and fl incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. 0 0 0 I 0 0 0 I I I 0 C I 0 0 NON -PAY ITEM No.6— — FINISHING OF PARKWAYS: All provisions of Standard Specification No. 108 `Finishing of Parkways' shall apply except as modified herein: 108.4. MEASUREMENT AND PAYMENT: No direct payment will be made for this item and it shall be considered incidental to this contract. NON -PAY ITEM No.7— — RECONNECTION OF EXISTING DRAINS: All drain lines that drain through the existing curb will be reconnected through the proposed curb. Any relocations or adjustments required to the existing drain line to connect through the proposed curb will be considered subsidiary to this contract and no additional payment will be made. NON -PAY ITEM No.8— — PROJECT CLEAN-UP: The Contractor shall be aware -that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. NON -PAY ITEM No.9— — PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre -construction conference. This schedule shall detail all phases of construction and allow the contractor to complete the work in the allotted time. Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. RECEIPT ACKNOWLEDGED: A. DOUGLAS RADEMAKER, P.E. ftV DIRECTO DEPARTMENT OF ENGINEERING By ohn Firing, i Manager, Engineering Services TABLE OF CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Notice to Bidders Special Instructions to Bidders (Water Department) Special Instructions to Bidders (Transportation/Public Works Department) Proposal Unit IA: Water Line Replacement Unit TB: Sanitary Sewer Replacement Unit II: Paving and Drainage Improvements Vendor Compliance to State Law Minority and Women Business Enterprises Specifications General Conditions (Water Department) Special Conditions (Water Department) Special Provisions (Transportation/Public Works) Certificate of Insurance Contractor Compliance With Worker's Compensation Law Equipment Schedule Experience Record Performance Bond Payment Bond Maintenance Bond (Water Department) Contract 0 NOTICE TO BIDDERS Sealed proposals for the following: FOR: UNIT I: WATER AND SEWER REPLACEMENTS IN CORDONE CT. AND CROMART CT. N. & S. PROJECT NUMBER(S): PW53-060530175620 PS58-070580174790 UNIT II: PAVEMENT IMPROVEMENTS IN: CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC CRESTON COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC CROMART CT. N. FROM WESTCREEK DRIVE TO CROMART S. CROMART CT. S. FROM WESTCREEK DRIVE TO CROMART N. DOE NO(S). 2018, 2027, 2025, 2026 K-1527 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 PM, Thursday, March 4, 1999 and then publicly opened and read aloud at 2:00 PM 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 documents will be provided to prospective bidders for a deposit of $20.00; such deposit will be refunded if the document is returned in good condition within (10) days after bids are opened. Additional sets may be purchased on a nonrefundable basis for twenty dollars ($20.00) per set. These documents contain additional information for prospective bidders. A pre -bid conference will be held on Tuesday February 23, 1999 at 10:00 am in DOE conference Room 255A. Bid security is required in accordance with the Special Instruction to Bidders. Submission of Bids: The Proposal ections (Unit I, and Unit II, combined) of the Specifications and Contract Documents will be combined as one contract and awarded to the responsive low bidder for Units I, and II combined. Conflicts in General Conditions of the Contract: These contract documents incorporate both the Water Department's General Contract Documents and Specifications, with latest revisions and the Standard Specifications for Street and Storm Drain Construction. In the event of a conflict between the two, the Water Department's General Contract Documents and Specifications, with latest revisions shall apply to Unit I and the Standard Specifications for Street and Storm Drain Construction shall apply to Unit II. Pre -qualification Requirements for Water Department work: The water and/or sanitary sewer improvements must be performed by a contractor who is pre - qualified by the Water Department at the time of bid opening. A general contractor who is not pre - qualified by the Water Department, must employ the services of a sub -contractor who is pre - qualified. The procedure for pre -qualification is outlined in the "Special Instructions to Bidders (Water Department)". 0 0 0 0 0 0 a 0 0 0 0 0 a 0 0 0 0 0 0 a 0 I 0 ci 0 ci 0 ED Bidders shall, if applicable, identify on the last page of the proposal section, the pre -qualified sub- contractor who shall install the water and/or sanitary sewer facilities. Failure to list a sub -contractor who is pre -qualified by the Water Department shall result in the rejection of the bid as non -responsive. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all Addenda may be rejected as being nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-871- 7910. In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contract. A copy of the Ordinance can be obtained from the Office of the City Secretary 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 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 City. Failure to comply shall render the bid nonresponsive. For additional information, contact Bryan Beck at (817) 871-7909. fl U BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY I ci ci A. Douglas Rademaker, P.E. Director, D' nt of Engineering By J�ffii Firing, . ager, Engin ing Services Advertising Dates: February 4, 1999 February 11, 1999 0 0 D 0 0 I 0 0 0 a 0 0 0 0 0 0 0 0 SPECIAL INSTRUCTIONS TO BIDDERS (FORT WORTH WATER DEPARTMENT) 1) PREOUALIFICATION REOUIkEMENTS: The work required under Unit I must be performed by a contractor who has been pre -qualified by the Water Department. In the event a general contractor submitting the lowest responsible bid is not a pre - qualified utility contractor, the contractor performing the water department work for the general contractor is required to be pre -qualified. The following steps are required in order to become pre -qualified. All contractors submitting bids on Water Department work are required to be pre -qualified by the Fort Worth Water Department prior to submitting bids. This pre -qualification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non -responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary pregtialification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To bean acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury List, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. 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. I 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, -in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's 0 0 I I 0 0 0 0 0 0 a 0 I 0 0 I 0 0 provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws donceming disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee .of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. 12. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. Revised 9/24/97 0 I OSPECIAL INSTRUCTION TO BIDDERS Q(TRANSPORTATION/PUBLIC WORKS DEPARTMENT) 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 D 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. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current a U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not Qexceed 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 O awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as 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 0 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 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) of the total capital and surplus. If reinsurance is required, the company writing the Q reinsurance must be authorized, accredited or trusteed to do business in Texas. No 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 satisfactory to the City. If the contract amount is in excess of $25,000 a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants -supplying labor and materials in the prosecution of 0 the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount O• 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, paragraph 8.6, of O the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 1] 4. 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 amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting discrimination in employment practices. 0 a a 6. WAGE RATES:All bidders will be required to comply with provision 5159a of "Vernon Annotated Civil Statutes" of the State•of Texas with respect to the payment of prevailing wage 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 fmancial.statement may be required by the Department'of Engineering if required for use by the CITY OF FORT WORTH in 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 Licensing Agency. 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 required by each individual project. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, "the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lowerthan the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to"underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business 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, as amended by Ordinance 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises -in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. 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 employeemof the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide to owner complete and accurate information regarding actual work performed by 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 a a A a a 0 a Ii LI a 0 a a Lii a 0 0 0 misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination bf the contract and/or initiation action under Q appropriate federal, state or local laws or ordinances relating to false statement; 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 participation in City work for a 0 period of time of 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 irregularities. No bid may be Q withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT: The Contractor will receive full payment (minus 5% retain age) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. fl 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that so not acknowledge all applicable addenda may be rejected as non- fl responsive. Q 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certain of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by thecommission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's 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 Ogovernmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons O or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whetherthat 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, Q 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 toner 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. o 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 0 D 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 services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by 'certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.' h. The contractor shall post on each project site' a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on•the project, for the duration of the project; (3) provide the contractor, prior to the end,of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: a 0 a a a a a a v 0 a LI a a a a 0 I 0 I Q I 0 I 0 I a 0 I 0 I (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the .current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 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 compensatiop coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by 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 on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement'for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 0 a 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 person 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 person 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 complywith 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" 5, 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 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 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 comply with the above -referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 a C Lii a 0 Lii a C 0 0 PROPOSAL aThis proposal must not be removed from this book of Contract Documents. a TO: Bob Terrell Fort Worth, Texas City Manager Fort Worth, Texas a FOR: UNIT I: WATER AND SEWER REPLACEMENTS IN CORDONE CT. AND CROMART CT. N. & S. PROJECT NUMBER(S): PW53-060530175620 PS58-070580174790 DUNIT II: PAVEMENT IMPROVEMENTS IN: CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC CRESTON COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC CROMART CT. N. FROM WESTCREEK DRIVE TO CROMART S. CROMART CT. S. FROM WESTCREEK DRIVE TO CROMART N. DOE NO(S). 2018, 2027, 2025, 2026 K-1527 a Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, the General Contract Documents and General Specifications for Water Department Projects and the Standard Specifications for Street and Storm Drain Construction -City of Fort Worth, and Standard Specifications for Public Works Construction -North Central Texas the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond (as applicable), and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: 0 I 0 I 0 UNIT IA: WATER LINE REPLACEMENTS ITEM NO. APPROX. DESCRIPTION OF ITEMS WITH QUANTITY BID PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D -No. refers to related items in the Part D Special Conditions:) 1. 11 L.F. 6 -Inch Water Pipe *, D-,19; Per Linear Foot: `'11 /;4c4 7 h. k f P , Dollars and tiro Cents $ 3 3 OD $ 2. 350 L.F. 8 -Inch Water Pipe *, D-19; Per Linear Foot: 41 /{{'SPDollars and Cents $ �'7. 00 $%. °O 3. 1 EA. 6 -Inch Gate Valve w/ Cast Iron Box and Lid, D-17, D-18; Per Each: 1$57)O.V P, g(,c ndrQ cI Dollars do $ and Cents 4. 2 EA. 8 -Inch Gate Valve w/ Cast Iron Box and Lid, D-18; Per Each ��D-17, & LAQ L u rec Dollars $ $� and Cents 5. 1 Tons Cast Iron/ Ductile Iron Fittings, D- 18; Per Ton f' `y P L6,USrc4t d Dollars and Cents $11U�(9._� � $37 6. 1 EA. Standard Fire Hydrant, 3'-6" Bury Depth; Per Each l0� 2 L% L( $6C�uct 4,e /Iu rhrd Dollars and f, Cents $ [ 9O 10 0 $ / O �0 7. 1 EA. Remove Existing Fire Hydrant; Per Each 7)() th? 1 dHPS Dollars and Cents $ OD ` $__. 0 ci 0 o- 0 0 0 0 0 0 0 0 0 0 0 0 0 ci 0 8. 5 EA. 1 -Inch Service Taps to main, D-15; Per Each IWO il. IyP_c Dollars ,a and L_,b Cents $/ OiO 9. 160 L.F. Install 1 -Inch Copper Service From Main to Five (5) Feet Behind the Meter, D- 15; Per Linear Foot: C`te — -- Dollars $ S 0?) $ . °O and ivn Cents 10. 5 EA. Relocate 3/4 -Inch Service Meters and Meter Boxes, D-15; Per Each Dollars $ ?D °7' $ L and p Cents 11. 5 EA. Install Multiple Service Branches For 1 -Inch Copper Service, D-15; Per Each Fou r2 vi Dollars $ o. ° $ OD. u� and i.) Cents 12. 5 EA. Furnish and Set Class 'A', 'B', and 'C' Meter Boxes, D-15; Per Each t Dollars $ $4CD. UV and Cents 13. 1 L.S. Furnish and Lay 2 -Inch Pipe and Fittings for Temporary Service, D-22; Per Lump Sum +t\ 0 LDollars $ 0O) a ZJ $ d and__________________ Cents 14. 30 C.Y. Crushed Limestone, D-11; Per Cubic Yard Dr Dollars and 1� --0 Cents $ t_ DO O Q 0 $ 0. 15. 10 C.Y. Class 'B' Concrete (2500#) Per Cubic Yard Dollars and _Cents $ i_ C D $ to. D O 16. 10 C.Y. Class 'E' Concrete (1500#) Per Cubic Yard h 16 and Dollars Cents $/, 0� $/2 . a0 17. 15 L.F. Min. 2 -Inch HMAC on 2:27 concrete base, Per Fig 4, Per Linear Foot: /—OL Dollars $ . $ a0 and Cents 18. 500 L.F. 2 -Inch Hot or Cold Mix Temporary Pavement Repair, Per Fig A, D-25; Per Linear Foot: Dollars $ $aa 0 D and ,—D Cents TOTAL AMOUNT BID -UNIT IA $ O1 S(o a Ov *Type of Pipe Used PVC DR -14: DIP Class 51: 0 D 0 D 0 UNIT IB: SANITARY SEWER REPLACEMENTS ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D -No. refers to related items in the Part D Special Conditions:) 1. 1000 L.F. 8 -Inch Sanitary Sewer Pipe *, 0 Ft. - 6 Ft. Trench Depth, D-19; Per Linear Foot: Dollars $7S 00 $___' �z1 and /j Cents 2. 185 L.F. 8 -Inch Sanitary Sewer Pipe *, 6 Ft. - 8 Ft. Trench Depth, D- 19; Per Linear Foot: I (h 4Dollars $_ $ and Cents 3. 8 EA. Standard 4 -Foot Diameter Manhole to 6 feet depth D13; Per Each: � liL 1 )e frr Dollars $/3Q00 $ and Cents 4. 2 L.F. Additional Depth Over 6 Foot of Standard 4 Foot Diameter Manhole; D-13; Per Each: f�rjj P (,tV1d VP d Dollars $ $° and 1,,() Cents 5. 8 EA. Watertight Manhole Inserts D-13; Per Each: `` Dollars Cents $ ' $ and 6. 3 EA. Remove Existing Sewer Manhole, D-13; Per Each: e / I `mob /lc� t/ e cl ( �-' r ollars q� and L10 ents $. $ 7�'�. 7. 28 EA. 4 -Inch Sanitary Sewer Service Tap, D-14; Per Each: . ) o 9c o w e d Dollars ° and k-. -) Cents $ $ d 9. 8. 200 L.F. 4 -Inch Sanitary Sewer Service Line Replacement, D-14; Per Linear Foot::- hki •QA t4 , F) li C Dollars $ r $ and k.) Cents 9. 560 L.F. 4 -Inch Sanitary Sewer Service Line Replacement w/ SDR 26, D-14; Per Linear Foot: �.-_ Dollars $ $ _4)50I and Cents 10. 1100 L.F. Cleaning and Television Inspection of Sanitary Sewer Line, D-3 1; Per Linear Foot: (� Dollars $ $1CL and �f Cents 11. 30 C.Y. Crushed Limestone, D- 11; Per Cubic Yard: C`__ Dollars and IL D Cents $ $ 12. 10 C.Y. Class 'B' Concrete (2500#) Per Cubic Yard: O� ________________Dollars and ti -C) Cents $ ( • , $ L © . 13. 10 C.Y. Class 'E' Concrete (1500#) ; Per Cubic Yard: p� Dollars and K Cents $ $ ( o —O 14. 1950 L.F. Trench Safety System, D-12; Per Linear Foot: (cl)", Dollars and k- ) Cents $ I , $ � 15. 1670 L.F. 2 -Inch Hot or Cold Mix Temporary Pavement Repair, Per Fig A, D-25; Per Linear Foot: & U Dollars $ $ 13 3 (DO. and Cents —�- 16. 1185 L.F. Post -Construction Television Inspection of Sanitary Sewer Lines D-34; Per Linear Foot: Dollars $ ( $ / '7'7 '10 and t Cents p s Z) TOTAL AMOUNT BID -UNIT IB $ 7 O, '' * Type of Pipe Used: PVC Pipe (SDR-35, Per E1-25, 6 - 15 inch) PVC Pipe (PS -46, Per E 1-27, 6 - 15 inch) PVC Pipe (Composite Pipe, Per E1-29, 8 - 15 inch) PVC Pipe (Corrugated Pipe, Per El -31, 6 - 15 inch) UNIT II: PAVING & DRAINAGE IMPROVEMENTS SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1. 1 LS. UTILITY ADJUSTMENT EN THOUSAND Dollars & NO Cents Per LS. $16,000.00 $16,000.00 S.P. 2. 4 EA. PROJECT DESIGNATION SIGNS THREE HUNDRED Dollars & NO Cents Per EA. $300.00 $1,200.00 104 3. 3960 LF. REMOVE EXIST. 7" CURB & 18" GUTTER 'W ') Dollars & Cents Per LF. $ c $ _7392 �� 104 4. 5725 SF. REMOVE EXIST. CONCRETE DWY. &1 P, Dollars & /l,O Cents Per SF. $ /£ O $ s % S, ° ° 104 5. 1010 SF. REMOVE E FIST. CONCRETE VALLEY. 9ii f, Dollars & ,U/) Cents Per SF. $ !, o -v $1 d / U. 104 6. 100 SF. REMOVE EXIST. CONCRETE SIDEWALK, LEAD WALK AND/OR WHEELCHAIR RAMPS �h Dollars & $ $ C "� ,t Cents Per SF. 214 7. 122 Ton Qi CEMENT a1%Dollars & Cent Per Ton $ 2e $ / 106 8. 1 LS. UNCLASSIFIED STREET EXCAVATION S.P. 7ui 41' Sj +� '1/'t074 .C te-ti.j Dollars & u, ,gyp Cents Per LS. $ �9 (p fr9,Ot 214 9. 6105 SY. 8" PULVERIZATION W/ 5% CEMENT S.P. STABILIZATION L ie 'c-' Dollars & $ ' $c?S7) A Cents Per SY. S.P. 10. 6105 SY. 3" H.M.A.C. OVERLAY TYPE "D" MIX 312 S f Dollars & . Cents Per SY. $ CO $ _, (,, 502 11. 3960 LF. 7" C B & 18" GUTTER S.P. +P Dollars & j Cents Per LF. $ /≤ z $ Co 504 12. 100 SF. STD. 4" REINFORCED CONCRETE SIDEWALK, LEAD WALK AND/OR WHEELCHAIR RAMPS %e.> Dollars & ______________Cents Per SF. 504 13. 5725 SF. STD. 6" REINFORCED CONCRETE DWY. f l,(,L /"v Dollars & L -O Cents Per SF. 504 14. 1010 SF. PROPOSED VALLEY GUTTER fvu 2 Dollars & Cents Per SF. S.P. 15. 400 LF. 6" PIPE SUBDRAIN 7'e v Dollars & ft ) Cents Per LF. S.P. 16. 76 CY. TOP SOIL 116 NINE Dollars & NO Cents Per CY. S.P. 17. 4 EA. ADJUST WATER VALVE BOX TWO HUNDRED Dollars & NO Cents Per EA. S.P. 18. 8 EA. MANHOLE ADJUSTMENT THREE HUNDRED FIFTY_Dollars & NO Cents Per EA. S.P. 19. 5 EA. ADJUST WATER METER BOX THIRTY FIVE Dollars & NO Cents Per EA. TOTAL AMOUNT BID -UNIT II TOTAL AMOUNT BID -UNIT IA TOTAL AMOUNT BID -UNIT IB TOTAL AMOUNT BID -UNIT II GRAND TOTAL AMOUNT BID BTj $0� $ ,/ 0 _ DU s.//- a -a $ $ 9.00 684.00 $ 200.00 $ 800.00 $ 350.00 $ 2,800.00 $ 35.00 $ 175.00 $w,/ /file $ $ .Oa7 s) :57' $ 35�f 7 8, e Contractor shall, if applicable, identify the pre -qualified sub -contractor who shall install the water and/or sanitary sewer facil' 'es. M - - r= /d! S Pre -qualified sub -contractor for water and/or sanitary sewer installation. 0 Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will D deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents 0 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 bidder further certifies that he has been furnished at least one set of the `Standard Specifications for Street and Storm Drain Construction -City of Fort Worth', and that he has read and thoroughly understands all the requirements and conditions of that document and the specific Contract Documents and appurtenant plans. The undersigned agrees to pay not less than the "Prevailing Wage Rates" as established by the City of Fort Worth, Texas. 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 75 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:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. /B . B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Q II 0 0 [I] 0 0 LI Q £ 0 0 0 Li EL 0 4 0 D 0 a a I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials)—�/! \_� Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) (Seal) / Date: 3 L 97 Respectfully submitted, McCLENDON CONST. CO. INC. By: Title BAN McCLEND0N_ PRESIDENT Address P.O. BOX 996 BURLESON, TX 76097 817/295-0066 Telephone: E X N5_6796 LI ATTACHMENT 1, Page 1 of City of Fort Worth Minority and Women, Business Enterprise Speapns MBEIWBE UTILIZATION CUINECR►NC/CFW a McCIFUDON CONST. CO. INC. PRIME C MPANY NAME BID DATE �- PROJECTNAME' PROJECT NUMBER I III I 0 I I 0 In I 0 CITY'S M/WBE PROJECT GOAL: y( / B I M/WBE PERCENTAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, wil result in the bid being considered non -responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in thi: schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowin( j misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considere( i non -responsive to specifications. Company Name, Contact Name, Address, and Telephone No. Certified Specify All Contracting Scope of Work (*) Specify All Items to be Supplied(*) Dollar Amount a Cow WV1 I ✓odtllcco 141- • 13G orvt c.J-Qs 1 i /cfGIS,7 sv 5 .............- ,1 53o N? Tvu ;u S. ' �I 83 7,&1 7Or____ SQ /exr��e M/WBEs must be located in the 9 (nine) county marketplace or currently doing business In the marketplace at the time of bid. ( i opeciry au areas in wnlcn MWBE's are to be utilized and/or items to be supplied: () A complete listing of Items to be supplied Is required in order to receive credit toward the M/WBE aoal. 0 I (") Identify each Tier level. 0 0 Tier: Means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor Is considered 1" tier, a payment by a subcontractor to Its supplier is considered 2nd tier. 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. 6/2J98 I ATTACHMENT 1A Page 2 of 2 C 0 I u J 0 r I 0 City of Fort Worth Minority and Women Business Enterprise Specifications MBEIWBE UTILIZATION Company Name, Contact Name, Address, and Telephone No. Certified Specify All Contracting Scope of Work (*) Specify All Items to be Supplied(*) �m (op Dollar Amount < ► Z Z — o° X F The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. AL MBEs a ST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD DAN McCLENDON, PRESIDENT Aut o ized Signature Printed Signature DAN McCLENDON, PRESIDENT Title MI:CLEVUCN COST. CO. INC. Company Name Address P.O. BOX BURLESON, TX 76O97 City/State/Zip Code Contact Name and Title (if different) Telephone Number (s) 817/295-0066 FAX 245-6796 Fax Number O 3�OS��f C1 Date THIS FORM MUST BE RECEIVED'BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. 6/219; I 0 I I I 0 C L I I 0 0 City of Fort Worth Minority and Women Business Enterprise GOOD FAITH EFFORT McCLEi4OON CONST. CO. INC. Prime Company Name C(�P d- CV -b14 !G / S Project Name ATTACHMENT IC Page 1 of 3 b 3 6< <f Bid Oat Project Number If you have failed to secure MIWBE participation and you have subcontracting and/or supplier opportunities or if your MIWBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the MIWBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, I thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a MIWBE or non- MIWBE. (Use additional sheets, if necessary) u �j List of: Subcontracting Opportunities Lc .-q L11/o / S 6 l / Zo /, 0 13 /rIcGFOs El p'± /c' I I 0 WGt ✓ Cekte/ — fDre uQ(iImo' List of: Supplier Opportunities Comic QhP a�,- i/� 1pso'( n ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of MIWBE firms from the City's MIWBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. V"Yes Date of Listing l Z/ 6 9 1 9$ No 3.) Did you solicit bids from MIWBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach MIWBE mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from MIWBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are op ned? Yes If yes, attach list to include name of MIWBE firm, person contacted, No phone number and date and time of contact. IINOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/W E name, date, time, fax number and documentation faxed. NOTE: If a SIC list of MIWBE is ten or less, the.•bidder must co tact the entire list to be in compliance with questions 3 and 4. If a sic list of MIWBE is more than ten the bidder must contact at least two- thirds of the list but not less than ten to be in compliance with qu stions 3 and 4. 0 I 0 0 0 I o. 5.) Did you provide plans and specifications to potential MIWB of plans and specifications in order to assist the MIWBEs? /Yes No 6.) If MIWBE bids were received and rejected, you must: (1) List the MIWBE firms and the reason(s) for rejection (i.e., qualifications, etc.) and (2) Attach affidavit and/or documentation to support the reas bids, telephone calls, meetings, etc.) or information regarding the location luotation not commercially reasonable, n(s) listed below (i.e.. letters, memos, Company Name Telephone Contact Person Sco a of Work Reason for Rejection eQ o� s Ce Cnu a 77-54v4 S(ol-�0O7 D•3 ' ' N Je#re �xcav S Excava�ro�, Too 1t7 (3a( 7x /G4 yrc1 / 1co /fk ATTACHMENT 1C Page3of3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain aMIWBE participation on this project. U U — fl The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of fl contract may resultin a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the MIWBE(s) listed was/were contacted'in good faith. It is understood that any 'MIWBE(s) listed in Attachment IC will be contacted and the reasons for not using them will be verified by th i 's MIWBE Office. U ______________________________ DAN McCLENt}0N, PRESIDENT Authorized Signature Printed Signature U DAN McCLEND0N, PRESIDENT Title Contact Name and Title (if different) Mcf LEltOON C0MIST. CO. lNC. I Company Name Address P.O.BOX 998 BURLESON, TX 76097 0 City/State/Zip Telephone Number(s)$17/295_t 6 FAX 2.95-6796 Fax Number Date 11 PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents Cl-1 (1) Cl-1.3 Notice to Bidders Cl-1 (2) Cl-1.4 Proposal Cl-1 (2) Cl-1.5 Bidder Cl-1 (2) C1-1.6 General Conditions Cl-1 (2) Cl-1.7 Special Conditions Cl-i (2) Cl-1.8 Specifications Cl-1 (2) C1-1.9 Bond Cl-1 (2) Cl-1.10 Contract Cl-1 (3) Cl-l.11 Plans Cl-1 (3) Cl-1.12 City Cl-1 (3) Cl-1.13 City Council Cl-1 (3) C1-1.14 Mayor C1-1 (3) Cl-1.15 City Manager Cl-1 (3) Cl-1.16 City Attorney Cl-]. (3) Cl-1.17 Director of Public Works C1-1 (4) C1-1.18 Director, City Water Department C1-1 (4) Cl-1.19 Engineer Cl-1 (4) Cl-1.20 Contractor C1-1 (4) Cl-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day Cl-1 (4) C1-1.24 Calendar Day C1-1 (4) C1-1.25 Legal Holiday Cl-1 (4) Cl-1.26 Abbreviations Cl-1 (5) Cl-1.27 Change Order Cl-1 (6) C1-1.28 Paved Streets and Alleys Cl-]. (6) C1-1.29 Unpaved Streets and Alleys Cl-1 (6) Cl-1.30 City Streets Cl-1 (6) C1-1.31 Roadway Cl-]. (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 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) (1) 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 Cl) 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 t C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 Cl) C4-4.3 Increased or Decreased Quantities C4-4 Cl) 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) CS -5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans CS -5 Cl) C5-5.3 Coordination of Contract Documents C5-5 (2) CS -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 S 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 C6-6.1 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY 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 (1) C6-6.4 Sanitary Provisions C6-6 (2) 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) C6-6.13 Contractor's Claim for Damages C6-6 (10) C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6.20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of Operations C7-7 (2) C7-7.5 Character of Workman and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (4) C7-7.8 Extension of time of Completion C7-7 (4) C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (5) C7-7.11 Suspension by Court Order C7-7 (6) C7-7.12 Temporary Suspension C7-7 (6) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9) C7-7.16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT CS -8.1 Measurement of Quantities C8-6 (1) C8-8.2 Unit Prices C8-8 (1) (3) C8-8.3 C8-8.4 C8-8.5 C8-8.6 C8-8.7 CB -8.8 C8-8.9 C8-8.10 C8-8.11 C8-8.12 C8-8.13 Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adquacy of Design General Guaranty Subsidiary Work Miscellaneous Placement Record Documents (4) of Material C8-8 (1) C8-8 (1) C8-8 (2) C8-8 (3) CB -8 (3) C8-8 (3) C8-8 (4) C8-8 (4) C8-8 (5) C8-8 (5) C8-8 (5) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION Cl-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: I 1 1 1 1 1 1 1 1 P C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (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) C1-1.3 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. Cl-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. Cl-l.6 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets f orth 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: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) 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. Li I I LI I C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. Cl-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. 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 tam of the City of Fort Worth, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Port 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) IR C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official o the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the Ci ofFort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department,, or. their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub -contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such on s are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. 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 ay, 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) I I r I a 01 I 1. New Year's Day 2. M. L. King, Jr. Birthday, 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Thanksgiving Friday 8. Christmas Day 9. Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. 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 - Killion Gallons Per State Highway Transportation Day • Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works • - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O.D. - Outside Diameter Asph. - Asphalt Elev.- Elevation ■ Ave. - Avenue F - Fahrenheit r Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. - Foot GI Galvanized Iron St. - Street Lin. - Linear or Lineal CI - Cubic Yard lb. - Pound Yd. - Yard MB - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron Cl-]. (5) C? -1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1- 1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled 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. Cl-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." C1-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel ines 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 as 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 to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which are to be received. The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2(1) r forms or other parts of the Contract Documents will be considered as a pF?r_?n= only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall 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 requi;ed 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 I 1 C2-2(2) 1 I Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. O2-2.4 SUBMITTING OF PROPOSAL: The Proposal on the form furnished by heOwner. Allshall 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 r 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 bya c authorized. If a proposal is submitted by acompany 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 sow 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 y a "Proposal Security" of the character and in the amount indicated in the 'Notice to Bidders' and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. I LI 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 Sall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal y 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. I I C2-2.12 DISQUALIFIC isqualified and their but not limited to, the TION OF proposals following BIDDERS: Bidders not considered for reason: may be any of , 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 - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and basis read aloud, the proposals will be tabulated on the 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. I Li 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. --7- --- -- r�w..ca upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman -owned Business Enterprise (WEE) 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 WEE. 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 I comply with Current City Ordinance prohibiting discrimination in employment practices. Li I C3-3 (1) I The Contractor on the shall post the required notice to that effect project assistance by site, and, the City at his request, will Fort be provided Officer who will refer any of Worth's Equal qualified applicant he Employment may have on file in his office be acquired from to the the Contractor. Appropriate notices may Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read y 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 wlthholdfjnal 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 I Li Li I I I I I 1 C3-3 (2) I bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph CB -8.10. C. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current D.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds 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 zontract. 3-3.11 INSURANCE: The Contractor shall not commence work ender this contract until he has obtained all the insurance :equired under the Contract Documents, and such insurance has )een approved by the Owner. The prime Contractor shall be -esponsible 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 I protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of I such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contr.actor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury,. including death, and in an amount not less than $500,000 I covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall I 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: Ii. Contingent Liability (covers !General Contractor's Liability for acts of sub -contractors). I2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations -are to be 4. Damage to underground utilities for $500,000. C3-3 (5) 5. Builder's risk (where above -ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY uwjt: 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. C. 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) City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth -Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable n miimum 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) matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth -Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract 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, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8) PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe si•ze, 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 Cl), (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. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be* paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The 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 shall be presented also a composite graph showing the anticipated progress of construction with the time being :lotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. I I I C4-4 (4) c. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the Iexclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen'(14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable). 8. Final inspection. C4-4 (5) 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. I ri II I Li I I I C4-4 (6) 1 PART C - GENERAL CONDITIONS CS -5 CONTROL OF WORK AND MATERIALS SECTION CS -5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. Be 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. Be 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: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general onditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to maLke 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. CS -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) I I I I I L Li adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATIONWORK: 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 L. remedial action to correct the condition. In the event the • Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking • the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed,, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. C5-5 (3) 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. CS -5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized toinspectall 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. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. tCS -5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed C5-5 (5) .3ubstitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written. approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called or 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. "he failure of the Owner to make any tests of materials shall �e 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. CS -5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. 0- 05-5 (7) 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 dress Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub -contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub -contractor by agreement or arbitration. If such other Contractor or sub -contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty -fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the C5-5 (8) unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. Be shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and r waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (9) PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY -v-.J. LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade -marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trade -mark or copy right in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. 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. Al]. 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 f ire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) gas valves, or manholes in the vicinity. The owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. L. 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, I streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. -6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. if the street is occupied by railway tracks, the work shall be C6-6 (3) I 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) I I I I I I Li I I u I I I I I I The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit ]required construction, the Contractor shall contact the Transportation and Public Works department, Signs and Markings Division (phone number 8780-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in C6-6 (5) I I advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. CS -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 befera werr hmmine 41% *b_ arrectea area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use I r L 1 I I I C6-6 (6) every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof on the part of the Contractor, be shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project C6-6 (7) proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed y 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 ,J 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) in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, 'licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30 -day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. if condition Cl) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the C6-6 (9) expiration of the six month period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim 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 drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage C6-6 (10) received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Port Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be performed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part C6-6 (11) thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any. breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to 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) I I I I I I I I I Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 (13) PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workman under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. I� I Li C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF TEE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of C7-7 (1) 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 scup 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 in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in Cl-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 shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in 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 or 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, I 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. C'-7.9 DELAYS: The Contractor shall receive no compensation delays or hindrances to the work, except when direct and u ..voidable 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 is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the city will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day givenin the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,001 to $ 15,001 to $ 25,001 to $ 50,001 to $ 100,001 to $ 5,000 inclusive $ 35.00 $ 15,000 inclusive $ 45.00 $ 25,000 inclusive $ 63.00 $ 50,000 inclusive $ 105.00 $ 100,000 inclusive $ 154.00 $ 500,000 inclusive $ 210.00 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 $ 630.00 The parties hereto understand and 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. O7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall Suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court 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 t emporar 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 rasumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. 77.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. C7-7 (7) b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractorpromptlyto 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, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have C7-7 (9) been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of 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: 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 I 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 and d 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 deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, 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" I or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT CB -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. CB -8.2 UNIT PRICES: When in the Proposal a 'Unit Price' is set forth, the said 'Unit Price' shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. CB -8.3 LUMP SUM: When in the Proposal a 'Lump Sum' is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. CB -8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 Cl) Def ore its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in R 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 the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1st 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 be will paid to the Contractor if the total contract amount is less than $400,000, 95% or 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) him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. CS -8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. C8-8 (3) The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for 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 relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve "he Contractor of any guarantees or other requirements of the �ntract 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. CB -8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and C8-8 (4) 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) 0 0 0 ITEM TABLE OF CONTENTS PART D - SPECIAL CONDITIONS TABLE OF CONTENTS D-1 General D-2 Project Designation D-3 D-4 Right To Audit Project Signs D-5 Purging and Sterilization of Water Lines D-6 Wage Rates D-7 Coordination with Fort Worth Water Department U D-8 Crossing of Existing Utilities D-9 Existing Utilities O D-10 D-11 Exploratory Excavations Crushed Limestone Backfill D-12 Trench Safety System D-13 Sanitary Sewer Manholes a D-14 Sanitary Sewer Services D-15 Water Services D-16 Removal, Salvage, and Abandonment of Existing Facilities D-17 Valve Blocking D-18 Ductile -Iron and Gray -Iron Fittings D-19 Detectable Warning Tapes a D-20 D-21 Minority/Women Business Enterprise Compliance Connection of Existing Mains D-22 2 -Inch Temporary Service Line D-23 Bid Alternatives D-24 Submission of Bids D-25 Temporary Pavement Repair D-26 Interpretation and Preparation of Proposal D-27 Bonds (City Let Projects) a D-28 Barricades, Warnings and Flagmen D-29 Disposal of Spoil/Fill Material D-30 Temporary Erosion, Sediment, and Water Pollution Control D-31 Television Inspection of Sanitary Sewer Lines D-32 Workers' Compensation Insurance D-33 Trench Excavation, Backfill and Compaction D-34 Post -Construction Television Inspection of Sanitary Sewers D-35 Vacuum Testing of Sanitary Sewer Manholes D-36 Samples and Quality Control Testing O D-37 D-38 Protection of Trees, Plants, and Soil Partial Estimates and Retainage D-39 Project Clean-up D-40 Project Schedule fl D-41 2:27 Concrete D-42 Pavement Repair (E2-19) D-43 Partial Final I 0 II 0 aPART D - SPECIAL CONDITIONS a D-1 General: t Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and Specifications, effective July 1, 1978, with the latest revisions are made a part of the Contract Documents O for this project. The Plans, Special Conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturer's name, number or identification included therein as specifying, referring or implying product control, performance, quality, or other shall be fl binding upon the Contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. O The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: Dl. Plans 2. Contract Documents 3. General Contract Documents and Specifications a The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Contract Documents under the provisions stated above. 0 D-2 Project Designation: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project aDesignations: Water Project Number PW53-060530175620, Sewer Project Number PS58-070580174790, a_______ D-3 Right To Audit: RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: "C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after fmal payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. p(b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the, subcontractor agrees that the City shall, until the expiration of three (3) years after fmal payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall agive subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: a 1. 50 copies and under - 10 cents per page 2. More than 50 copies - 85 cents for the first page plus Fifteen cents for each page thereafter. D-4 Project Signs: Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be"in accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. The signs may be mounted on skids or on posts. The exact locations and methods of mounting shall be approved by the engineer. Any and all costs for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-5 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 two 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-6 Wage Rates: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any sub -contractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached). D-7 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 to'boordinate with the Water Department to determine the best times for deactivating and activating those lines. D-8 Crossing of Existing Utilities: Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or a proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made water tight or be constructed of ductile iron pipe. The required length of replacement shall be determined by the Engineer. The material for sanitary sewer mains and sanitary sewer laterals'shallobe Class 51 Ductile Iron Pipe with polyethylene wrapping as specified in Material Standard E1-6 contained in the General Contract Documents. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping as specified in the General Contract Documents. Adapter fittings shall be a urethane or neoprene coupling A.S.T.M. C.-425 with°series 300 Stainless Steel 0 compression straps. D Payment for work such as, backfill, fittings, tie-ins., and all other associated appurtenants required, shall be included in the linear foot price of appropriate bid item. DD-9 Existing Utilities: The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no 0 responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. a The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed 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 a liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the owners of all utilities to locate existing underground facilities and notify the Engineer at once of any conflicts in grades and alignment. DIn 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 0 property that may be made necessary by performance of this contract. D-10 Exploratory Excavations: In addition to those areas as may be designated on the Drawings, it shall be the Contractor's responsibility to excavate and locate existing utilities which may affect construction of thef water and/or sewer facilities. All exploratory excavations shall occur far enough in advance to permit any necessary relocation to be made with minimum delay. All costs incurred by the Contractor in making exploratory excavations shall be co sidered to be included in the unit price bid for constructing of water/sewer line or the associated structures. aD-11 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 a 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 req ' ements of E2-2 Excavation and Backfill of the General • Contract Documents and Specifications. OPayment for crushed limestone backfill in place shll 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 the General Contract Documents and Specifications. 0 D-12 Trench Safety System: 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 greater 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 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. Shields 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 crossbraces, 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 systems. /D-13 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 EI-14 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 I 0 accordance with Fort Worth Water Department Standard E100.4 and shall be fitted and installed according to the manufacturer's recommendations. 0 3. Lift -Holes: All lift holes shall be plugged with a precast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside 0 of the manhole with quick setting cement grout. 4. Final Rim Elevations: 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 fmish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area 0 regraded near the manhole. B. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the Q5. drawings or minimum of 6 inches above grade. 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 of the U frame and shall have no larger than 1/8 -inch gap between the frame and cover. Bearing surfaces shall be machine fmished. 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 Manholes: Shallow manhole construction will be used when manhole depth is four (4) feet or less. D 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 preformed O-ring rubber gasket shall require bitumastic joint sealants as per attached Figure M. B. Materials: This sealant shall be preformed and trowelable bitumastic as manufactured by Kent -Seal, Ram- Nek, E -Z Stick or equal. The joint sealer shall be supplied in either extruded rope -form of suitable cross- sectional area or flat -tape form and shall be sized as recommended by 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 Q of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a preformed flexible joint sealant on concrete pipe and manhole sections for a period of at fl 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, 0 mud or other foreign matter. A primer shall be applied to all surfaces prior to installing the joint sealant in accordance with the recommendations by the manufacturer. The protective wrapper shall remain on the joint sealant until immediately prior to placement of the pipe in the trench. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on bitumastic joint sealer. Frames and grade rings shall 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 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. Grade rings that are constructed of brick, block, or materials other than precast concrete shall be replaced with precast concrete rings, or where necessary and approved by the Engineer, a precast flattop section. Precast concrete rings, or precast concrete flattop section will be the only adjustments allowed,, B. In brick or block manholes replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. 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 flattop 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 fmish 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 exterior 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 a minimum 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 bid for adjusting and/or sealing of existing manholes shall include all labor, equipment, and materials necessary for adjusting and/or sealing the manhole including but not limited to joint sealing, lifthole sealing and exterior surface coating. 0 0 C. Payment for concrete collars and watertight manhole inserts, if required, will be made separately, based on the appropriate bid items. D-14 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 fl utilizing standard factory manufactured tees. Factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case by case basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building fl owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 244 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 fl 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 Q sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill, saddles, tees, 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 services 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 rI adapter fitting. The fitting shall be a urethane or neoprene coupling A.S.T.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 included in the linear foot price bid for sanitary sewer service line. Payment for all work and material Qinvolving the ".tap" shall be'iiicluded in the price bid for sanitary sewer service taps. D D-15 Water Services: The relocation, replacement, or reconnection of water services will be required as shown on the plans, aid/or as described in these Special Contract Documents in addition to those located in the field and identified by .the Engineer. OAll service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E1-17 & E1-18) contained in the General Contract Documents. O 0 All water services to be replaced shall be installed at a minimum depth of 36 inches below fmal grade. All existing 3/4 -inch water service lines which are to be replaced shall be replaced with 1 -inch Type K copper, 1 -inch diameter tap saddle when required, and 1 -inch corporation. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5.15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and 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 existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing serviceislead or is too shallow to avoid breakage during street reconstruction.. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop. Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12 -inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. 2. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depthh to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line' as required for reconnection and furnish anew tap with corporation stop. The contractor will be paid for one (1) Service Tap to"Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 3. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line, of the existing meter location to center line of the proposed meter; location separate payment will be allowed for the relocation of service meter and meter box relocation. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid for in feet of copper service line. When relocation of service meter and meter box is required payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used 0 I 0 C a 0 0 0 a by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer,when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. 4. NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall,be included in the Linear Foot price bid for Service Line from Main to•Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 5. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the contractor shall furnish approved factory manufactured branches. Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 6. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of thg existing service meter and approved by the Engineer. QPayment shall be made at the unit bid price in the appropriate bid item(s). D-16 Removal, Salvage, and Abandonment of Existine 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 requirements of this Special Condition. 0 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 then be backfilled and compacted in U. accordance with, backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable 0 a excavated 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 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 fmal grade. 5. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 -inches below fmal 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 fmal 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 the 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 fmal 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 then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. 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 linear foot bid price of the pipe, unless separate trenching is required. 10. REMOVAL OF EXISTING PIPE: Where removal ofthe existing pipe is required. It shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants, and meter boxes shall be delivered to Water Department Field Operations, Storage Yard. 11. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing of existing facilities shall be included in the linear 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 a 0 a a 0 Fil 0 a 0 v a a a 0 a [iJ 0 0 0 Oregardless 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 fltrenching operation. ' D-17 Valve Blocking: All valves shall have concrete blocking for support. Valves shall have polyethylene wrapping per Material Specification E1-13 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 all costs incurred will be considered to be included in the bid price of the valve. D-18 Ductile -Iron andiGray-Iron Fittings: Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, Fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: the first Paragraph shall be revised to read as follows: DE2-7.11 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, horizontal concrete blocking, vertical tie -down 13 concrete blocking, and concrete cradle necessary for construction as designed. All ductile -iron and gray -iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie -down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie -down concrete blocking, and concrete cradle shall be included in bid items for valves and fittings and no other payment will be allowed. D-19 Detectable Warning Tapes: Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water or sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Sysfems Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils. and the width shall not be less than 2" inches with a minimum unit weight of 2-1/2 pounds/1 "/1000'. The tape shall be D color coded and imprinted with the message as follows: Type of Utility Color Code Legends U Water Safety Blue Caution Buried Water Line Below Sewer Safety Green Caution Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18" inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenances required shall be included in tue'linear foot price bid of the appropriate BID ITEM(S). D-20 Minority/Women Business Enterprise Compliance: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS fl ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work 13 performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the 13 contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. D-21 2 -Inch Temporary Service Line: The 2 -inch temporary service main and 3/4 -inch service lines shall be installed to provide temporary water service to ali buildings that will necessarily be required to have, severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2 -inch tapping saddle and 2 -inch corporation stop or 2 -inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2 -inch temporary service main and 3/4 -inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. A two-inch meter will be furnished by the Water Department Meter Shop and installed by the Contractor at its point of connection to the City water supply for record keeping purposes only. The out -of -service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re -install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2 -inch temporary service pipes, 3/4 -inch service lines and the 2-inchmeter shall be moved to the next successive project location. Payment for work such as fittings, 3/4 -inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. D-23 Bid Alternatives: The Proposal section of this documents is arranged to allow the Contractor to base his bid on either ductile iron pipe or polyvinyl chloride plastic pipe. Contractor shall indicate type of pipe to be used. However regardless of the general type pipe specified by the Contractor at certain ldcations a specific type pipe has been specified on the plans. All cost for this shall be considered as subsidiary and no additional compensation will be allowed. D-24 Submission of Bids: This document is designed as a single contract document and proposal and shall be awarded to one bidder The contract shall be awarded to the lowest responsive bidder on the Grand Total Bid for Unit I, and Unit II. Unit IA consists of the water line replacements. Unit IB consists of sanitary sewer line replacements. Unit II consists of the street and/or storm drain improvements. D-25 Temporary Pavement Repair: 0 I 0 I 0 I 0 ci 0 0 a 0 The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction •using a minimum of -2 -inch hot nr cold mix asphalt over a minimum of 6 inches of compacted flex base. 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 cost for providing temporary pavement repair for all streets cuts prior to street reconstruction. D-26 Interpretation and Preparation of Proposal: Part C - General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be' made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing; Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. D-27 Bonds (City Let Projects): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: ci 1. Pg. C3-3(3); the paragraph after paragraph C3 -3.7d --Other Bonds should be revised to read: No surety will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety ci shall be acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties [Circular 870], or (2) the surety,must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one -tenth D (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited, or trusted to do business in Texas. Q2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph a. COMPENSATION INSURANCE. 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph g. LOCAL AGENT FOR INSURANCE 0 AND BONDING. D-28 Barricades, Warnings and Flagmen: Reference.Part C - General Conditions, Section C6-6.8v;BARRICADES, WARNINGS AND WATCHMEN: 1. Whereverthe word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. D-29 Disposal of SpoilfFill Material: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering, 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. 11517). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at contractors' expense. In the event that the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section. D-30 Temporary Erosion, Sediment, and Water Pollution Control: 1 DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled -hay retards, dikes, slope drains and other devices. 2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible -earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible -earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution -control measures shall be used to prevent or.correct erosion that may develop during construction prior to installation of permanent pollution -control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right of way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the fmish grading, mulching, seeding, and other such permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil -erosion -control measures shall be performed as directed by the Engineer. The amount of surface area of erodible -earth material exposed at one time shall not exceed 750,000 square feet for each excavation operation, 750,000 square feet for each material source operation (other than from commercially operated sources), 750,000 square feet for each preparing of right-of-way operation or 750,000 square feet for each clearing and grubbing operation, unless otherwise shown on the plans or with prior approval by the Engineer in writing. I El 0 0 0 0 ill a 0 0 a 0 0 0 2. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high -velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have,a selection of two or more high -velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high -velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid fl stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driveti'liose reel. The CONTRACTOR shall also conform to the following practices and controls. All labor, tools, equipment and incidentals to complete the work will not be paid for directly but shall be considered as subsidiary work to the various items included in the contract. (a). Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. (b). Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. (c). When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a.flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. (d). All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. (e). The CONTRACTOR shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. 3. SUBMITTAL: Prior to the start of the applicable construction, the CONTRACTOR shall submit for approval his schedules for accomplishment of soil -erosion -control work and his plan to keepthe 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-erosioncontrol 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-31 Television Inspection of Sanitary Sewer Lines: 1. GENERAL: Prior to the reconstruction, some noted sections sanitary sewer lines shall be cleaned; and a television inspection and dye tests performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of furnishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed-circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a 1 portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to insure removal of grease. If sewer cleaning balls or other equipment which cannot be collapsed is used, special precautions to prevent flooding of the sewers and public or private 0 property shall be taken. The flow of sewage present in the sewer lir}es shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. 3. CLEANING PROCEDURES: The designated sewer manhole sections shall be cleaned using high -velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and the cleaning effort shall be abandoned. When additional quantities of water from fire hydrants is necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related chargbs for the set up, including the water usage bill. All expenses shall be considered incidental to cleaning. 4. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted. All solids or semisolids resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City. UnderNO circumstances will the Contractor be allowed to accumulate debris, etc., on the site of work beyond the stated time, except in totally enclosed containers and as approved by the Engineer. UNDER NO CIRCUMSTANCES SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. 5. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. 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. 6. EXECUTION: A. 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 be television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds 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 insure good communications between members of the crew. The importance of accurate distance measurements is emphasized. Measurement for location of sewer service taps shall be above ground by means of a meter device. Marking on the cable, bf 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 -a -tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. a D 0 0 0 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 and the costs must be included in the bid price for Television Inspection. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. B. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection. In addition, other points of significance such as locations of, unusual conditions, roots, storm sewer connections, broken pipe, presence of scale and corrosion, apd other discernible features will be recorded and a copy of such records will be supplied to the City. B. 1 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. D B.2 Videotape Recordings: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Videotape recording playback shall be a 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 O City by the Contractor for review 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 the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for television this portion shall be made. Also, no payment shall be made for portions of fllines not televised or portions where manholes cannot be negotiated with the television camera. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be abandoned. Tapes will be returned to the Contractor upon completion of review by the Engineer. All costs associated with this work shall be incidental to unit prices bid for Items under Television inspection of the proposal. a C. PAYMENT OF CLEANING AND TELEVISION INSPECTION OF SANITARY SEWERS: The unit price for Cleaning and Television Inspection of sanitary sewers shall be full compensation for all costs connected with cleaning and providing the Engineer with tapes of a quality that the particular piece of sewer can be readily Devaluated as to existing sewer conditions, and for providing appropriate means for review of the tapes by the Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a legal dump site. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. Payment shall be made for all segments of good tapes accepted by the Engineer after the review. No additional payment will be made in the event the Contractor has to pull the television camera from two directions - to obtain and provide an acceptable tape for review by the Engineer. D 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 and the costs must 0 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 cost of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D-32 Workers' Compensation Insurance: A: Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it.has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. B: Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until "such certificate has been acquired. Contractor shall provide a copy of all such certificate to the Owner (City). C. Workers Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self - insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-8 1, 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 City. Persons providing services on the project ("subcontractor" in section 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing • services of the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate,of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on a project, and provide to the City: I 0 ci 0 0 N L II ci a 0 0 0 a 0 I ci (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing' extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person' providing services on the project. 8. The contractor shall post on each project site a notice, in the 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. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage -period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (f) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. ci 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the Texas Worker's Compensation Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. D. Posting of Required Worker's Compensation Coverage. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKER'S COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". "Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. D-33 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 EI-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights -of -way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back -fill material 0 0 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 JJ 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 #16 0-20 #50 0-50 O #100 60-95 #200 90-100 Q(P.I. = 8 or less) 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 U (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, mechanical tamping, or a combination of methods. Backfill material to be mechanically tamped must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it O is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top O of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be 0 tested 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 of excavation and backfill will be,included in the price bid per linear foot of water and sewer pipe. oD-34 Post -Construction Television Inspection of Sanitary Sewers A. General: This special condition covers the furnishing of all necessary materials and equipment to perform post -construction television inspection of all sanitary sewer lines installed under this contract. This television inspection is considered as a part of the fmal inspection. A satisfactory inspection is required before the project is considered complete. pB. Material: 1. VHS format video cassette recording equipment and tapes are required for video taping. The television fl camera used for the inspection shall be specifically designed and constructed for such inspection and shall provide a color picture. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe acceptable to the Engineer. The camera shall be operative in 100 percent humidity conditions and shall have a minimum of 600 line resolution. 2. Recording equipment shall be equipped with data recorder capable of the following: O a. Date and time b. Footage a c. Project name, contract number, contractor, and inspection firm d. Location, main/lateral number, and station number C. Execution: 1. The Contractor shall obtain the services of a qualified independent company to perform the television inspection. 2. The Contractor shall provide traffic control during inspection operations to maintain public traffic and safety of all personnel. 3. The Contractor shall clean all construction debris, sand, and gravel from the sewer to be inspected. 4. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of inspection equipment. Any damage done during inspection shall be repaired by the Contractor. There shall be no additional payment for these repairs. 5. Internal Television Inspection a. The inspection shall be done one sewer section at a time. The section being inspected shall be isolated from the remainder of the sewer in a manner approved by the Engineer. Any defects found shall be repaired by the Contractor and then re -inspected: There shall be no additional compensation allowed for such repair or re -inspection. b. The camera shall be moved through the line in either direction at a uniformly slow rate, stopping at all defects to allow adequate evaluation by the Engineer. In addition, the camera shall be stopped at each service connection. c. Cost for excavation to retrieve inspection equipment shall be the responsibility of the Contractor. The City shall not be liable for any costs relative to retrieving inspection equipment from the sewer system. d. Sanitary sewer mains must be laced with enough water to fill all low points. The television inspection must be done immediately following the lacing of the mainwith no water flow. Sanitary sewage may be used to propel the camera if the main is live. However, flow may be restricted in a manner approved by the Engineer when necessary to provide a clear image of the sewer being inspected. e. Telephones, portable radios, CB, walkie talkies, or other electronic means of communication must be set up where voice or manual communication is not feasible. 6. Viewing a. The television inspection company shall provide facilities for the purpose of viewing the monitor while the inspection is in progress. b. The Engineer shall witness the television inspection. 7. Record Logs a. The video tape of each sewer segment shall note on the tape the project name and number, the main or lateral number, the beginning manhole station, the ending manhole station, the time and date of inspection. Footage for camera location in the sewer line shall be displayed continuously during the inspection. 0 a 0 0 0 0 b. The original unaltered cassette video tapes will be reviewed by the Engineer for focus, lighting, clarity of view, and technical quality. The inspection company shall maintain sharp focus, proper lighting, and clear, distortion -free viewing during the camera operations. Failure to maintain these conditions can result in rejection of the video tape by the Engineer. Any sewer line whose video tape is not acceptable to the Engineer shall be retelevised at no expense to the City. c. Defects shall be described and quantified on the video tapes by the company doing the inspection. Measurement for location of defects in sewer mains shall be at the ground level by means of a metering device. Marking on cable or the like which requires interpolation for depth of manhole will not be allowed. Measurement meters shall be accurate to 0.2 feet. Measurements shall be taken from the center of the manhole and displayed on the video tape. d. A typewritten report shall be provided with the video tape. Each run'theet shall identify the segment being televised, and the location of each service or defect with its appropriate clock position. e. Upon completion of the project, the Contractor shall provide to the City the video tapes of each section of sewer line televised. 0 D. Measurement and Payment Payment for internal television inspection shall be paid at the contract price per linear foot of sewer pipe Q televised. Length shall be measured in place along the centerline of the pipe for each sewer segment. The contract price shall include all costs associated with internal television inspection, viewing, record logs, and cassette video tapes. O D-35 Vacuum Testing of Sanitary Sewer Manholes: A. General: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. 0 0 0 0 0 0 0 B. Execution: 1. Test Procedure: Manholes shall be tested with all connections in place. Lift holes shall be plugged, and all drop -connections and gas sealing connections shall be installed prior to testing. 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 manufacturer's recommendations. A vacuum of ten inches of mercury (10" Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed the level of vacuum shall be read after the required test time. The required test time shall be determined from the table below. Height of Manhole (ft) 0' to 20' 20' to 22' 22' to 24' 24' to 26' 26' to 28' 28' to 30' For each additional 2' 9 2. Acceptance: U ' 48 -Inch Dia Manhole 40 sec 44 sec 48 sec 52 sec 56 sec l min 4 sec 60 -Inch Dia Manhole 50 sec 55 sec l min I min 5 sec 1 min 10 sec 1 min 15 sec 5 sec a a The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one -inch of mercury (1" Hg) after the required test time. Any manhole which fails to pass the initial test must be repaired with a suitable material which conforms to the construction material of the manhole. The manhole shall be retested as described above until it has successfully passed•the test. 'Following completion of a successful test the manhole shall be restored to its normal condition, all temporary plugs shall be removed.and disposed of in a manner satisfactory to the Engineer. i C. Payment: Payment for vacuum testing of sanitary sewer manholes shall be considered an alternative to hydrostatic or pneumatic testing. The cost of all material, equipment, labor, etc. required in testing shall be included in the price bid per foot of pipe in place D-36 Samples and Quality Control Testing: a. The Contractor shall furnish, at his own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. b. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. c. Quality control testing of in -place material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the ,Contractor of his responsibility to furnish materials and equipment conforming to the requirements of the contract. d. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested; and any work effort involved is deemed to be included in the unit price for the item being tested. e. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D-37 Protection of Trees, Plants, and Soil: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored, after completion of the work, to a condition ,equal to or better than existed prior to, the start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights -of -Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as deemed D [+i a 0 Ii [ii 0 Ii a a v Iii 0 0 0 0 0 0 0 by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. DTo prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 0 No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. QD-38 Partial Estimates and Retainase: Reference Part C (General Conditions), Section C8-8.5 Entitled "PARTIAL ESTIMATES AND RETAINAGE" 0 shall 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 0 each month that the work is in progress. The estimate shall be processed by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end ofthe 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 D 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 information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. pFor contracts of less than $400,000 at the time of execution, retainage shall be ten percent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). aContractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from- the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and"payment D 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 estimate shall not be an admission on the part of the 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 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. U D-39 Project Clean-up: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If; in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris U. • Storing excess material in appropriate and organized manner t�..dl • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. 0 v v D-40 Project Schedule: Contractor shall be responsible for producing a project schedule at the pre -construction conference. This schedule shall detail all phases of construction and allow the contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will'start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved in producing and maintaining the project schedule shall be subsidiary to this contract. D-41 2:27 Concrete: Transportation and Public Works Department typical Sections for Pavement and Trench Repair for Utility Cuts Fig's I through 5 refer to using 2:27 Concrete as base repair. Since this call -out includes the word "concrete", the consistent interpretation of the Transportation Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. With the exception of the cement content, all other requirement shall meet or exceed Transportation and Public Works Department standard specification Item 406 Class.D Concrete. D-42 Pavement Repair (E2-19): (E2-19): The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to 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 the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All 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. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made, from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the; opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering's Permit Desk by the Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cut in the street. City Inspectors will inspect the paving repair after construction of each water and/or sanitary sewer main replacement. D-43 Partial Final: v a a 0 0 a 0 a a a D 0 0 iii a 0 D In order to allow the Contractor to work more than one street at a time, the Engineer will conduct a "partial fmal" for the water and/or sanitary sewer portion of the street. This will not in any way constitute fmal acceptance of the work by the City nor a waiver of any of the provisions of these contract documents. 0 OGENERAL, CONSTRUCTION NOTES a 1. Applicable design and details shall conform to "General Contract Documents and Q Specifications for Water Department Projects" (GCD) effective July 1, 1978, with the latest revisions. O 2. All horizontal blocking, cradle blocking, and vertical tie -down blocking to be in accordance with Fig.(s) 9, 10, and 11 of the GCD. 0 3. Fire hydrants shall be located a minimum of 3'-0" behind the face of curb per Fig. •5 GCD. 4. All gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16" and larger Fig. 4 GCD. 0 5. The proposed water and/or sewer mains at times will be laid close to other existing utilities and structures both above and below the ground. The contractor shall make necessary provisions for the support and protection of all utility poles, fences, trees, shrubs, gas mains, telephone cables, TU cables, drainage pipes, utility services, and all other utilities and structures both above and below the ground during construction. It o is the contractor's responsibility to notify all utility owners prior to any construction in the area and verify the actual location of all buried utilities that may or may not be shown on the plans. The contractor shall preserve and protect all underground and overhead facilities and -be responsible for any damage he may cause to them. The Contractor shall contact the following @ least 48 hours prior to excavating at each location: QFort Worth Water Department Field Operations 871-8296 Fort Worth Transportation & Public Works D Light and Signal Division 871-8100 Lone Star Gas Company Metro (214) 263-3444 Texas Utility Service Company 336-2328 OSouthwestern Bell Telephone Company Enterprise 9800 Texas One Call -Fiber Optics Location (MCI, AT&T, Sprint, etc.) 1-800-245-4545 Marcus Cable T.V. 737-4731 0 6. Contractor shall verify the elevation, configuration, and angilation of existing line prior to construction of tie-in materials. Such verification s be considered as subsidiary cost of project and no additional compensation wi1 be allowed. Elevation adjustments at connections may be made with bends, offsets,1 r joint deflections. All nonstandard bends shall be made using the closeststandard M.J. fittings with the required joint deflections.(deflections not to exceed manufacturer's deflection per joint) 0 7. Contractor shall keep at least one lane of traffic open at all times during construction 0 a and access to all places of business and residence at all times.(reference C6-6.5 GCD) o 8. No excavated materials, backfill materials, equipment, or supplies shall be stored within floodways or drainage easements.(reference C6-6.6 GCD) 9. Trenches which lay outside existing or future pavements shall be backfilled above the top of the embedment with Type "C" backfill material. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" material shall be used. All backfill material shall be compacted to a minimum of 90% proctor density by means of tamping only. Trenches which cross under existing or future pavement shall be backfilled per Fig. "A" with 95% proctor density by jetting, tamping, or a combination of such methods. (� 10.Rim elevations of the proposed sanitary sewer manholes in repaved streets are shown as final finished grades in these plans. They shall be constructed to 15" below final d finished grade by utilitycontractor and adjusted by paving contractor in accordance with Fig. M of the special contract documents. Concrete collars shall be installed where indicated on the plans per Fig. 121 of the special contract documents. Manhole inserts shall be installed in all standard four foot and standard four foot drop access manholes per E-100-4 bf the special contract documents. Standard four foot diameter •manholes,,shall be in accordance with section E2A, Fig. 103 and Fig. 104 GCD, standard four foot drop access manholes per Fig. 107 GCD, and shallow manholes per Fig. 106 GCD. 11.The top of the water lines shall be a minimum of 3'-6" below the top of the curb for 12" and smaller mains except where otherwise shown on these plans. 12.All water meters shall be placed or relocated 3'-0" behind the face of the proposed curb or as directed by the Engineer. Q 13 .All existing water services shall be replaced with 1" minimum copper tubing unless a larger size is indicated on the plans. Corporation stops shall be fully opened prior to trench backfill. Curb stops with lock wings shall be tested for full flow when the system is pressure tested. Extend 1" water services to those lots where no water services have been extended to. Locate these services at normal locations or as directed by the Engineer. a.The normal location of water service lines shall be 5' east or north of the center of the property frontage. b.For 40' or less lot frontage, all water services shall be placed 18" from the east or south property line. 14.All sanitary sewer services encountered shall be replaced to the property line as directed by the Engineer. D a XISTING STREET AVEMENT IKK 6' CO*ACTED I FLEX -BASE MATERIAL EXIST, BASE TEMPORARY PAVEMENT REPAIR SHALL BE HOTOR COLD MIX ASPHALT, ROLLED 2' MINIMUM . `.. -� : EXCAVATED MATERIAL SHALL CWSIST O' MATERIAL FREE ff THIN M .: • SAND .: •' ' '� : ' ::� ' • ELO GATED PIECES. Ra= LUMPS �' MATERIAL f• ' ••• �•• CLAY, SIIII,, LOAM OR VEGETABLE MATTER, .. 1'-6' MAXIMLIK OR GRANULAR ' ' EMBEDMENT { • '`.,J1 :hhl X INCLUDED IN LINEAR FOOT BID PRICE OF PIPE EXCAVATION, BACKFILL AND PAVEMENT REPAIR UNDER EXISTING STREETS CASE 31 . EXISTING PAVED STREET TO BE RECONSTRUCTED - FIGURE A (WATER' SIZES UP TO & INCLUDING 12') SHEET 1 OF 2 NTS REV, MAY 8, 1996 r ISTING STREET TEMPORARY PAVEMENT REPAIR VEMENT SHALL.. BE HOTOR COLD MIX ASPHALT, ROLLED 2' MINIMUM 'f Ate• / / 1. •4 •1 •\ I . 4 4. 4 MK 6' COMPACTED FLEX -BASE MATERIAL EXIST. BASE • . `..• • ` •• •• 'f EXCAVATED MATERIAL SHALL CONSIST `• ' `' • '' OF MATERIAL FREE OF THIN OR . •. ' • - :, •' • •,! • ELONGATED PIECES. Racks, LUMPS OF * SAND M ATERIAL -., .. •• • • f' ' '"'' • ' • CLAY, SOIL.•, LOAM OR VEGETABLE MATTER, ,-. 1'-6' MAXIMUM. OR GRANULAR .� .. • • • " EMBEDMENT •'` ' lr CRUSHED STONE IN 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 B (SEWER, ALL SIZES) (WATER' SIZES 16' & LARGER) SHEET 2 OF 2 NTS REVi MAY 8, 1996 U:.. DA4'.w4o(e ##,',i I4d ?1 dpi. / Coves, agar! eo A4 MM:v lay r / i �. Novi IlVorkt, ': // v4/o..40.I,III,we�if.concQa/edpick ;:.:`;:,c': D. I slots of pickhars, Ref: £2-14 :.. :... \U ,� .:::..•'' . \ \S1, EP,J 1 \ ,. o ___ - , 1 Minimum grows +• ► • Dpreformed bitamastic joint �`:;.. a:.` Sealant (Ram-Nek oropproved `• '' , - equal). T es4 vredr .. a axf.id fey _ /rMec Cw-se`s or ;r i` p'": `: pekoe da/Y .Nev A.S7M.. C-47BP,ast :a i .4'° ,•• �: sate (o.'s os" agwl, 'k.. D. . o y a. 4 D •f', —� �,_• *!/o •e'ee d � *''M of P`,ot •• .• 4 I o 1 I • ' 6 `AfJW - ti• G.•oat- ' i o__ ____________ •; U____________.0':•0:1 •'I'•' p• ,l/1 •p ;,.0:•0.; � 0 •;+%,:. :•,' :,:j •.� 'i:.• •:C7.:: • '.i '/8S5'P (1O *) Cc'ncd je I ewrxe 1 i3 3" D � • FIGURE M, D ` $'TiOVP4 PD Af4 //S'OI ( ".e,,/ s'4ow,7) E1-14 Material p• E2-14 Construction PMS 167 (Copper) ,__ PMS 288 (Blue) ,_ PMS 288 (Blue) 8 , 011 2.25 2.25" l 4.5" I I 1311 3' -1 5" 311 ; 4' - 1 5" 3" I 1 J Water O__LT ' T O THYout.. --_. ._- Funds In Action_ White PMS 288 (Blue) PROJECT SIGN Figure 30 %^ 3" Radius 3.75" O 3.75" 4.5" Scale 1" = 1' 09/18/96 E2-1 Construction — I' LJ II 11 E.ris�' C.6. 1 1, 11 Is II I LI 1 II • II D Ij .-:v- vlaz_JrrrssIl • II ,I II •� IVis%%t.%, ra sL•L Y O 11 sI. s1.Y1w rri I II 11 U II Is uII.a III be iLYlrtJLrrrr ; •; n i v � I'.1 0 • Y ov • fl Ib h Q fi U -- k��i• Saco /y. UT' $erv/C / a-' CITY WATER DEPARTMENT FORT WORTH. TEXAS TYPICAL MA/V BY_pA$S LAYOUT O F/CURE f E.rist. Meter You/1. See a/dw/ /on Tern,. Service 'Conn¢ clio`n. Ins/ Co., v. 9 -/Z. o • Conrrcrctor� sI�// b¢ i'sQuir�sd .�� - r o,;J 9 ro Gbvsr �stsr vaa/� w�ii, Cu/o1'f� *Qrolsctiv¢ gvdrd '1: o' // '� .f'IRS`f /0/'%Yb'►tt SQ/'✓/fit •i0•• `•^l•,•A,•��i40 ••!,1'�e•• `\ �� /1 /fit ��^�i. R\`�'t1 ,f/Q, ,. s*&// 4e i'arno✓ad by MecanfrVcto,,- Co#ntction /> orv' by -mess f0 /orira-oP Service vncPds by Contnrctor Exist. Cbpo oer Serr%cs Liss CITY WATEF DEPARTMENT FORT WORTH. TEXAS 77 4W WRV/CC CONNECT/ON o frA/L Rev.9-'2'•9O 29� I �'4.lj7f9d�� io✓e%' Ex�sr9 7 I _ / c S>dn.oE rd, Finished e •6. %S�''•4bo!in9 Fe//. JG'Wide. a, CITY WATER DEPARTMENT 'FORT WORTH, TEXAS //1 r S4CCr/ON CROSSING 0E74/L /L F/GURf 3 9-/2 -9OS r-1 SEE NOTE ® BELOW a a CD 0. ,W. C., 00 to CD EXIST. cuN B GUTTER EXIST CUR* B GUTTER NOTES CD 2.27 CONCRETE -WIIALL *E INSTALLED A INN. Of G" BELOW BOTTOM OF.. EXIST. N. N.A.C. PAVEMENT, •ALL EXIST. ASPHALT SHALL K RE►PLLACEEDgTyO�THE M. OEz7NIM .II NE 61 D1N 5uR CE COURSE. SHALL • BEDDING OF PI ►E TO MATCH ADJACENT SECTION OR SPECIFICATION 402, WHICHEVER Is NONE STR*ISENT. 0 ON NAJORPRO.R'LT3,THE PROJECT [NMNE[R OR DEWMER MUST EVAILTE TN[ PULL'WDTN OF EXI*TMN N.N.A*. MVOIENT As TO MGOiss.CO,Dt1 010 •-AR1TV TO WITHSTAND CONSTRUCTION LOADSIM. IF APFROPRIATE.THE PULL WIDTH OF $UMC[ SHALL K REMOVED ►LACED WITH APPROPRIATE TREATMENT TO EXI$TINS BASE OR SUS*RAO[ MATERIAL. REQUIREMENTS FOR GRADATION AND COMPACTION AS SPECIFIED IN ITEM 402 Of THE STANDARD SPECIFICA- TIONS FOR CONSTRUCTION. PUBLIC WORKS DEPT., CITY OF FORT WORTH TEXAS OR. BACRFILL AS SPECIFIED IN SECTIONS £1.2 AND £2. 2 OF THE SPECIFICATIONS FOR WATER DEPART- MENT PROJECTS, PORT WORTH WATER DEPT,CITY Of FORT WORTH. TEXAS. ►ROPOG(D FACILITY INSTALLATION TYPICAL SECTION -TRENCH REPAIR TYPICAL H. M. A. C:'SURFACE WITH SOIL. BASE cirr Of PORT a RTN * NOT NIX AS IWrIC CM CR[TE REV -S -30-S2 TRANSPORTATION/PUBLIC WvRKS DEPT. REV -11-1-T* FN No. C-3229 fNt/�KffRAMf D/y,/ON REv-I2-IS-SO fig• 4 M i ® ® (® ® ® ® M ® ® ® ® ti En r i ®' 0 I 0 0 0 a 0 0 I a WATER DEPARTMENT SECTION E SPECIFICATIONS JANUARY 1, 1978 All materials, construction methods and procedures used in this project shall conform to Sections E1, E2, and EZA of the Fort Worth Water Department General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet). Sections El, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX El MATERIAL SPECIFICATIONS 0 EL CONSTRUCTION SPECIFICATIONS 0 I ci 0 0 0 0 E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1981, follow: El -2.4 Backfill: (Correct minimum compaction requirement to 95% Procter density and 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) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compact- ion by jetting (b) Material meeting requirement and having a PI of 9 or more shall be considered for use only with mechanical compaction EL-2.11Trench Backfill: (Correct minimum compaction requirement wherever it appears in this section to 95% Procter density except for paragraph a.l. where the "95% modified Procter density" shall remain unchanged). D 0 SECTION E100 - MATERIAL SPECIFICATIONS MATERIAL STANDARD E100-4 JANUARY 1, 1978 (ADDED 5/13/90) 0 X100-4 WATERTIGHT MANHOLE INSERTS .100-4.1 GENERAL: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the Fort Worth sanitary sewer collection system. E100-4.2 MATERIALS AND DESIGN: 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 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. E100-4.3 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 frame rim to retard water from seeping between the cover and the manhole frame rim. E100 (1) 0 SPECIAL PROVISIONS (TRANSPORTATION/PUBLIC WORKS) FOR: UNIT II: PAVEMENT IMPROVEMENTS IN: CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC Dfl CRESTON COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC CROMART CT. N. FROM WESTCREEK DRIVE TO CROMART S. CROMART CT. S. FROM WESTCREEK DRIVE TO CROMART N. 9 DOE NO(S). 2018, 2027, 2025, 2026 K-1527 1 SCOPE OF WORK: The work covered by these plans and specifications consist of 3" H.M.A.C. pavement over 8" cement stabilized pulverized subgrade and all other miscellaneous items of construction to be [ performed as outlined in the Plans and Specifications which are necessary to satisfactorily complete the work. aAWARDING OF CONTRACT AND WORKING DAYS: A. Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. 2. All utilities and right-of-way easements are expected to be clear on this project within sixty (60) days of D advertisement of this project. The work order for subject project will not be issued until all utilities and right-of- way easements are clear. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this O Contract. 3. Contract will be awarded to the lowest responsive bidder on the Grand Total Bid of Unit I, and Unit II. 4. The Contractor agrees to complete the Contract within the allotted number of working days. If the Contractor fails to complete the work within the number of working days specified, liquidated damages shall be charged based on the grand total bid, as outlined in Part 1, Item 8, Paragraph 8.6 of the "General Provisions" of a the Standard Specification for Construction of the City of Fort Worth, Texas. Us.INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay" item quantities prior to submitting a bid. When the quantity of work to be done or materjals to be furnished under any major pay item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work J above 125% of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any pay item of the contract major is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. a 0 0 A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and Department of Engineering and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used but such _....work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense and all other elements of cost and expense not embraced with the actual field cost as herein specified upon request, the Contractor shall provide the Director of Engineering access to all accounts, bills and vouchers relating thereto. 6. The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 7. This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2"d Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call -out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division I of the North Central Texas document. 8. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "nonresponsive" and rejecting bids or voiding contract as appropriate and as determined by the Director'of the Department of Engineering. 9. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) year from date of fmal acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10. Construction stakes for line and grade will be provided by the City as outlined on page 17, Standard Specifications for Construction, City of Fort Worth. 0 lil- 0 0 0 fl a 0 a 0 0 a 0 0 a I 0 I 0 0 0 0 0 0 11. TRAFFIC CONTROL: The contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department. Signs and Markings Division (phone number 871-8075), 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 placeuntil the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. 12. PAYMENT: The Contractor will receive full payment from the City for all work. 13. 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 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 fmal approval or disapproval; and the action thereon by the Council shall be fmal and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force tihtil the discharge of the contract. 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to fl create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 15. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. 16. DISPOSAL OF SPOIL/FILL MATERIAL: ' Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering 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 the filling is not occurring within a QNo flood plainwithout a permit. A flood plain permit can be issued upon approval of necessary engineering studies. fill is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall permit J 0 be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the contractors expense. In the event that the contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and ¢� this section. 17. During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. fl 18. All objectionable matter required to be removed within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102, "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 19. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 20. QUALITY CONTROL TESTING: (a) The contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to 'the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor -and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the contractor for operations requiring testing. The contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 21. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 22. CONSTRUCTION SCHEDULE: It shall be the responsibility of the contractor to furnish the construction engineer, prior to construction a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 23. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: -- The following procedures will be followed regarding the subject item on this contract: v 0 I a El 0 0 0 I 0 0 U. 0 0 0 0 0 0 0 (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and dut§id'e vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING —UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage -type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which 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 the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 24. Any contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre - qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 25. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photo copy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus $0.15 for each page thereafter. (d) "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 any directly pertinent books, documents, papers and 0 1!] records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." CONSTRUCTION Q NON -PAY ITEM No. I - CLEARING AND GRUBBING: IioJ! All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, uo direct payment will be made for this item and it shall be considered incidental to this contract. NON -PAY ITEM No.2- - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON -PAY ITEM No.3- - PROTECTION OF TREES. PLANTS AND SOIL: [ All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be i'I preserved or- restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights -of -way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON -PAY ITEM No.4- - CONCRETE COLORED SURFACE: All concrete flared surface (wheelchair ramp wing or curb) shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry -shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non -Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. PAY ITEM No.5- - SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: D CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) o 0 a 0 I a (Revision 2, May 12, 1994) SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.210 "Joint Sealing" of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH TEXAS COUNCIL OF GOVERNMENTS. 3. MATERIALS O 3.1 The silicone joint sealant shall meet Federal Specification TT -S -001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint [} sealant meet these requirements. 0 0 0 0 3.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 3.3 Self -Leveling Silicone Joint Sealant The joint sealantshall be Dow Coming 890 -SL self -leveling silicone joint sealant as manufactured by Dow Coming Corporation, Midland, MI 48686-0994, or an approved equal. Self -Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED c-i**** MIL -S-8802 Non Volatile Content, % min. Extrusion Rate, grams/minute 96 to 99 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 *"** **** Skin -Over Time, minutes max. Cure Time, days 60 14 to 21 **** Full Adhesion, days 14 to 21 0 0 I 0 AS CURED - AFTER ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @ +100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) 0 v ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 3.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw -cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the "Construction Detail" sheet for the various joint details with their respective dimensions. 4. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch width "green" saw -cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush• the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising. 5. EQUIPMENT 5.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall'keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 5.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 5.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw -cut joint. 5.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow -tube shall fir into the saw -cut joint. 5.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 5.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 0 0 v 0 0 a D 5.7 Sandblaster: The design shall be for commercial use with air compressors as 0 D I aspecified in Paragraph 5.4. 5.8 Backer Rod Roller and Tooling Ihttruinent: These devices shall be clean and free O of contamination. They shall be compatible with the join depth and width requirements. p6. CONSTRUCTION METHODS 6.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 6.2 Sawing Joints: The joints shall be saw -cut to the width and depth as shown on D the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. D6.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one -direction to prevent Djoint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing a shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) O After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of a the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown -out using compressed air. The blow tube shall fit into the joints. 0 The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove Qstains and contamination. Immediately upon cleaning, the bond breaker and sealant shallbe placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 6.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. U Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. QThe pavement surface shall present a clean fmal condition. 0 a 0 Traffic shall not be allowed on the fresh sealant until it becomes tack -free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site atthe beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 7. WARRANTY The.Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The. manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. BASIS OF PAYMENT. No separate payment will be made for Silicone Joint Sealant. This item will be considered subsidiary to the contract will include furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. NON -PAY ITEM No.6— — FINISHING OF PARKWAYS: All provisions of Standard Specification No. 108 `Finishing of Parkways' shall apply except as modified herein: 108.4. MEASUREMENT AND PAYMENT: No direct payment will be made for this item and it shall be considered incidental to this contract. NON -PAY ITEM No.7— — RECONNECTION OF EXISTING DRAINS: All drain lines that drain through the existing curb will be reconnected through the proposed curb. Any relocations or•adjustments required to the existing drain line to connect through the proposed curb will be considered subsidiary to this contract and no additional payment will be made. NON -PAY ITEM No. 8— PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shalLinclude, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. NON -PAY ITEM No. 9 — PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre -construction conference. This schedule shall detail all phases of construction and allow the contractor to complete the work in the allotted time. 0 0 0 a iii a a EJ v 0 e 0 a 0 DContractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule a has not been turned in. Project schedule will be updated and resubmitted at the eiid of every estimating period. All costs involved in producing and maintaining the project schedule shall be subsidiary to this contract. 0 n PAY ITEM No. 1- UTILITY ADJUSTMENT: C0] This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be 0 repaired and adjusted by the contractor at the contractor's expense. The payment to the contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the. contractor in handling the utility adjustments. 0 0 0 0 0 0 0 PAY ITEM No.2- - PROJECT DESIGNATION SIGN: The contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering, shall be in accordance with the enclosed detail. The sign shall be constructed of ' " fir plywood, grade A -C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM No. 8- UNCLASSIFIED STREET EXCAVATION: All provisions of Standard Specification 106 `Unclassified Street Excavation' shall apply except as herein modified: ' PAYMENT: All work performed as prescribed by this item shall be paid for at the unit price bid per LUMP SUM for `Unclassified Street Excavation' which price shall constitute payment in full for excavation, loading, hauling, shrinkage, and for the satisfactory disposal of unsuitable and exc ss materials; finishing slopes, ditches and parkways, for all maintenance blading or scarifying the ground surf ce, and for furnishing all labor, tools, materials, equipment, and incidentals necessary to complete the work. Contractor should be aware that this item will cover all excavations req fired including, but not limited to, 3" undercutting as described in attached recommendations, any excavation cue to lowering of proposed curb line, and any excavation required to shape existing subbase to the standard cro\'n forthe proposed roadway. II Based on the above criteria, the Engineer has estimated the Unclassified Street Excavation quantities as follows: STREET ESTIMATED CY Creston Court 90 Cordone Court 105 Cromart Court N. 157.5 Cromart Court S 157 5 G'I (Based on 3" undercut & 0.1' average lowering of proposed curb both left and right). This estimate is intended to aid the Contractor in submitting a bid for this item. Partial pay estimate quantities for this lump sum bid item will be made as the work progresses based on the above estimated quantities.The Contractor will receive no additional payment should the actual quantity removed vary from this estimate. PAY ITEM No. 9 & PAY ITEM No.10- 8" PULVERIZATION & 3" H.M.A.C. OVERLAY TYPE "D" MIX: The construction sequencing for this project and specifically for this item is described by the following attached recommendations provided by Department of Engineering Construction Services Division. In addition, it should be noted that subsidiary to the unit price bid per S.Y. for '8" Pulverization' shall be any unclassified streetexcavation (Std. Spec. 106) required to bring the sub -grade to the typical section before the pulverized material is moved back into the roadway for compaction & cement manipulation. PAY ITEM No. 11-7" CURB & 18" GUTTER: All provisions of Standard Specification No. 502 `Concrete Curb & Gutter' shall apply except as modified herein: Subsidiary to the unit price bid per linear foot shall be the following: a) A minimum of 5" or greater as required depth of flexbase material properly compacted under the proposed curb and gutter as shown in the construction details. b) Flexbase material to a depth of at least 8" and a width as, required in the roadway adjacent to the proposed gutter where the existing pavement and subbase was removed to allow for the forms to be placed to pour the proposed curb and gutter. This is intended to replace the necessary material required for the pulverization process. J LJ c) If the Contractor fails to backfill either in front of the gutter or behind the curb within seven (7) calendar C days of pouring the curb and gutter, the amount paid for the curb and gutter shall be reduced by 25% until the backfill operation is complete.. PAY ITEM No. 15-6" PIPE SUBDRAIN: No specific location for this item is designated.on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. PAY ITEM No. 16 - TOPSOIL: The proposed quantities are estimates only and intended for use in the parkway. This 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 -site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. See Non -Pay Item No. 6 for further information. C 0 0 0 0 0 0 0 0 0 0 0 I Li 0 PAY ITEM No. 17 - ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. Subsidiary to this item shall be the installation of a concrete collar per attached detail. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per square inch. Work shall be completed and the street open to traffic within seven (7) calendar days of beginning work on the water valve box. If the Contractor fails to complete the work within seven (7) calendar days, a $100.00 per day liquidated damage will be assessed per water valve box per day. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO 18 - MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Subsidiary to this item will be the installation of a concrete collar per Water Department GCD Figure 121. Standard Specification Item No. 450 shall apply except as follows: Included as part of this pay item shall be the application of a c ld-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or xterior joints on concrete manhole sections as per current City Water Department Special Conditi ns. The concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per square inch. Work shall be completed and the street open to traffic within seven (7) alendar days of beginning work on the manhole. If the Contractor fails to complete the work within seven (7) calendar days, a $100.00 per day liquidated damage will be assessed per manhole per day. PAY ITEM No. 19 - ADJUST WATER METER BOX: This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes which are within 0.1' of specified par ay grade. The unit price bid will be full payment for materials including all necessary to complete the work. equipment, tools and incidentals 0 Q 0 0 INTER -OFFICE CORRESPONDENCE QDate: September 9, 1998 To: Jim Deeter QFrom: Ryan Jeri DRe: Recommendation for Rehabilitating of Cromart Ct. N. (Westcreek to Cromart Ct. S.) 0 D.O.E. No: 2025 Upon review of the scope of construction on this project and also by taking core samples 0 and evaluating the thickness and condition of the surface and base material and evaluating the suitability of the existing material for future use, it is my recommendation that this street is a good candidate to be pulverized. OUpon completion of utility work all ditches must be capped with a temporary patch complying with City of Fort Worth Specifications. OThe contractor shall pulverize the existing pavement / base to a depth of 8 inches below the surface of the existing pavement. After pulverization is completed, the contractor shall p temporarily remove the pulverized material and undercut an additional 3 inches of base material. The removal of the base material shall start a minimum .of 8 inches below the existing pavement surface. After the undercut is complete, the contractor shall replace the pulverized material and mix it with 5 percent Portland Cement, spread the material as a base and compact all in accordance with Item 214, Portland Cement Treatment (Material Manipulation), of the latest edition of the City of Fort Worth Standard Specifications for QConstruction of Streets and Storm Drains. When proper compaction is achieved the contractor shall overlay with 3 inches of HMAC type "D" surface course on top of the new Q base and all applicable provisions of Item 312 (Hot Mix Asphalt Concrete) and Item 313 (Central Plant Recycling Asphalt Concrete) of the latest edition of the City of Fort Worth Standard Specifications for Construction of Streets and Storm Drains. These specifications shall apply to all aspects of construction methods for this project, i You may want to include a copy of the attached document in thcontract documents for the benefit of the contractor bidding the project and for use in construction of the project. - a •!1i an Jeri ID a CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: 1998 CAPITAL IMPOROVEMENT PROGRAM CROMART COURT NORTH (WESTCREEK TO CROMART CT. S.) DOE NO.: 1952 FUND CODE: 03 HOLE # 1 LAB NO.: 28228 LOCATION: 3551 CROMART CT. N. N/4 I 2.00" HMAC I 16.00" PALE BROWN CLAY W/CRUSHED STONE I *STREET HAS BEEN CHIP SEALED - I ATTERBURG LIMITS: LL: 28.1 PL: 14.9 PI: 13.2 SHRKG: 6.0% I MUNSEL COLOR CHART:, 8/2 VERY PALE BROWN CLAY I UNIT WEIGHT:• 137.2 LBS PER CUBIC FOOT I HOLE #•2 LAB NO.: 28229 LOCATION: 3570 CROMART CT. N. CENTERLINE I 2.00" HMAC I 6.00" BROWNISH GRAY CLAY W/CRUSHED STONE 10.00" LIGHT GRAY CLAY W/CRUSHED STONE I *STREET HAS BEEN CHIP SEALED ATTERBURG LIMITS: LL: 33.4 PL: 19.0 PI: 14.4 SHRKG: 9.0% I MUNSEL COLOR CHART: 7/2 LIGHT GRAY CLAY I UNIT WEIGHT: 126.4 LBS PER CUBIC FOOT APPROVAL: / R N JERI DATE. TESTED: ' 02-04-98 DATE REPORTED: 02-11-98 TESTED BY: CARDWELL,ALI a a 101 0 ROUTING 0 JAMES ANDERSON NAJIB FARES `FILE a I 0 0 INTER -OFFICE CORRESPONDENCE ODate: September 9, 1998 a 0 0 ICI ill 0 0 0 I 0 0 0 To: Jim Deeter From: Ryan Jeri Re: Recommendation for Rehabilitating of Creston (Westcreek to Cul-de-sac) D.O.E. No: 2027 Upon review of the scope of construction on this project and also by taking core samples and evaluating the thickness and condition of the surface and base material and evaluating the suitability of the existing material for future use, it is my recommendation that this street is a good candidate to be pulverized. Upon completion of utility work all ditches must be capped with a temporary patch complying with City of Fort Worth Specifications. The contractor shall pulverize the existing pavement / base to a depth of 8 inches below the surface of the existing pavement. After pulverization is completed, the contractor shall temporarily remove the pulverized material and undercut an additional 3 inches of base material. The removal of the base material shall start a minimum of 8 inches below the existing pavement surface. After the undercut is complete, the contractor shall replace the pulverized material and mix it with 5 percent Portland Cement, spread the material as a base and compact all in accordance with Item 214, Portland Cement Treatment (Material Manipulation), of the latest edition of the City of Fort Worth Standard Specifications for Construction of Streets and Storm Drains. When proper compaction is achieved the contractor shall overlay with 3 inches of HMAC type "D" surface course on top of the now base and all applicable provisions of Item 312 (Hot Mix Asphalt Concrete) and Item 313 (Central Plant Recycling Asphalt Concrete) of the latest edition of the City of Fort Worth Standard Specifications for Construction of Streets and Storm Drains. These specifications shall apply to all aspects of construction methods for this project. You may want to include a copy of the attached document in the contract documents for the benefit of the contractor bidding the project and for use in construction of the project. anJeri 0 CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: 1998 CAPITAL IMPOROVEMENT PROGRAM CRESTON COURT (WESTCREEK TO CUL-DE-SAC) DOE NO.:. 1952 FUND CODE: 03 HOLE # 1 LAB NO.: 28222 LOCATION: 3555 CRESTON CT. CENTERLINE I ------------------------------------------------------------`---� 1.50" HMAC 6.00" BROWN CLAY W/ CRUSHED STONE 11.00" GRAY CLAY I ATTERBURG LIMITS: LL: 42.6 PL: 21.6 PI: 21.0 SHRKG: 12.4% I MUNSEL COLOR CHART: 6/2 LIGHT BROWNISH GRAY CLAY UNIT WEIGHT:. 137.2 LBS PER CUBIC FOOT APPROVAL?C/ R JERI DATE TESTED: 02-04-98 DATE REPORTED: 02-11-98 TESTED BY: CARDWELL,ALI ROUTING JAMES ANDERSON NAJIB FARES FILE 0 a 0 INTER -OFFICE CORRESPONDENCE 0 Date: September 9, 1998 0 To: Jim Deeter From: Ryan Jeri 0 Re: Recommendation for Rehabilitating of Cordone Ct. (Westcreek to Cil-de-sac) 0 D.O.E. No: 2018 Upon review of the scope of construction on this project and also by taking core samples and evaluating the thickness and condition of the surface and base material and evaluating the suitability of the existing material for future use, it is my recommendation that this street is a good candidate to be pulverized. Upon completion of utility work all ditches must be capped with a temporary pp p rary patch complying with City of Fort Worth Specifications. 0 The contractor shall pulverize the existing / base t� pavement to a depth of 8 inches below the surface of the existing pavement. After pulverization is completed, the contractor shall 0 temporarily remove the pulverized material and undercut an additional 3 inches of base material. The removal of the base material shall start a minimum of 8 inches below the 0 existing pavement surface. After the undercut is complete, the contractor shall replace the pulverized material and mix it with 5 percent Po}tland Cement, spread the material as a base and compact all in accordance with Item 214, Portland Cement Treatment (Material Manipulation), of the latest edition of the City of Fort Worth Standard Specifications for 1I Construction of Streets and Storm Drains. Whey proper compaction is achieved the contractor shall overlay with 3 inches of HMA(I type "D" surface course on top of the new base and all applicable provisions of Item 312 (I!iot Mix Asphalt Concrete) and Item 313 (Central Plant Recycling Asphalt Concrete) of the latest edition of the City of Fort Worth Standard Specifications for Construction of Streets and Storm Drains. These specifications Ushall apply to all aspects of construction method for this project. You may want to include a copy of the attached document in the contract documents for [1 the benefit of the contractor bidding the project and for use in construction of the project. Own 0 a a CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: 1998 CAPITAL IMPOROVEMENT PROGRAM CORDONE COURT (WESTCREEK TO CUL-DE-SAC) DOE NO.: 1952 FUND CODE: 03 HOLE # 1 LAB NO.: 28223 I LOCATION: 3559 CORDONE CT. 7.00" HMAC I 11.00" GRAY CLAY W/CRUSHED STONE I *STREET HAS BEEN CHIP SEALED I ATTERBURG LIMITS: LL: 46.0 PL: 21.9 PI: 24.1 SHRKG: 13.0% I MUNSEL COLOR CHART: 6/3 LIGHT YELLOWSIH BROWN CLAY UNIT WEIGHT: 126.4 LBS PER CUBIC FOOT I CSC---------------�-�-------��������----�---_L-----------�----�� I APPROVAL: R JERI ROUTING DATE TESTED: 02-04-98 JAMES ANDERSON DATE REPORTED: 02-11-98 NAJIB FARES TESTED BY: CARDWELL,PATTERSON FILE 0 0 0 a a 0 v a v v LI. 0 0 0 g CITY OF FORT WORTH CONSTRUCTION SERVICES fl D TEST LABORATORY RESULTS FOR HOLE AND PLASTICITY INDEX 0OJECT: 1998 CAPITAL IMPOROVEMENT PROGRAM CORDONE COURT (WESTCREEK TO CUL-DE-SAC) E NO.: 1952/2018 Ub CODE: 03 -t I f 1 LAB NO.: 32837 I OCATION: 60' WEST OF WESTCREEK DR. N/4 I D.25~- - -------------------------------------------------------------- HMAC BASE IS THE SAME AS FIRST REPORT I pea- -_- ---ss------ assnsass=s=====sas=-===sscsssssssa=as=:s I iLE # 2 LAB NO.: 32838 I ifATION: CUL-DE-SAC S/4 I ..25-' HMAC--------------------------------------------------------------� BASE IS THE SAME AS FIRST REPORT ROYAL: SRI ROUTING ME TESTED: 05-01-98 JAMES ANDERSON E REPORTED: 05-04-98 JIM DEETER $TED BY: CARDWELL,PATTERSON, FILE DESAI U. 0 0 0 I I a 0 0 I 0 0 0 Q 0 a 0 I 0 a INTER -OFFICE CORRESPONDENCE Date: September 9, 1998 To: Jim Deeter From: Ryan Jeri Re: Recommendation for Rehabilitating of Cromart Ct. S. (Westcreek to Cromart Ct. N.) D.O.E. No: 2026 Upon review of the scope of construction on this project and also by taking core samples and evaluating the thickness and condition of the surface and base material and evaluating the suitability of the existing material for future use, it is my recommendation that this street is a good candidate to be pulverized. Upon completion of utility work all ditches must be capped with a temporary patch complying with City of Fort Worth Specifications. The contractor shall pulverize the existing pavement / base to a depth of 8 inches below the surface of the existing pavement. After pulverization is completed, the contractor shall temporarily remove the pulverized material and undercut an additional 3 inches of base material. The removal of the base material shall start a minimum of 8 inches below the existing pavement surface. After the undercut is complete, the contractor shall replace the pulverized material and mix it with 5 percent Portland Cement, spread the material as a base and compact all in accordance with Item 214, Portland Cement Treatment (Material. Manipulation), of the latest edition of the City of Fort Worth Standard Specifications for Construction of Streets and Storm Drains. When proper compaction is achieved the contractor shall overlay with 3 inches of HMAC type "D" surface course on top of the new base and all applicable provisions of Item 312 (Hot Mix Asphalt Concrete) and Item 313 (Central Plant Recycling Asphalt Concrete) of the latest edition of the City of Fort Worth Standard Specifications for Construction of Streets and Storm Drains. These specifications shall apply to all aspects of construction methods for this project. You may want to include a copy of the attached document in the contract documents for the. benefit of the contractor bidding the project and for use in construction of the project. an Jeri 0 CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY_ RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: 1998 CAPITAL IMPOROVEMENT PROGRAM CROMART COURT SOUTH (WESTCREEK TO CROMART CT. N.) I)OE NO.: 1952 FUND COD')E: 03 HOLE 11 1 LAB NO.: 28230 I o LOCATION: 3579 CROMART CT. S. I 2MA-- 6.00" 6.00" BROWN CLAY W/CRUSHED STONE I 4.00" GRAY CLAY TO BED ROCK I *STREET HAS BEEN CHIP SEALED ATTERBURG LIMITS: LL: 41.2 PL: 17.7 PI: 24.5 SHRKG: 12.0% I MUNSEL COLOR CHART: 8/1 WHITE CLAY I UNIT WEIGHT: 137.2 LBS PER CUBIC FOOT s==o==========ec�-_= I �. HOLE 4 2 LAB NO.: 28231 I LOCATION: 3551 CROMART CT. N. S/4 I -------------------------------- -------------------------I "HMAC6.00" 4.00 GRAY CLAY W/CRUSHED STONE I 10.00" GRAY CLAY *STREET HAS BEEN CHIP SEALED I ATTERBURG LIMITS: LL: 54.8 PL: 24.3 PI: 30.5 SHRKG: 13.4% I MUNSEL COLOR CHART: 6/2. LIGHT BROWNISH GRAY CLAY I UNIT WEIGHT: 126.4 LBS PER CUBIC FOOT I --------------------- csar---rs==ccc=as==c=c.-----mss= I APPROVAL: 47 .11 RXXI�� JERI ROUTING DATE TESTED: 02-04-98 JAMES ANDERSON DATE REPORTED: 02-11-98 NAJIB FARES TESTED BY: CARDWELL,ALI FILE' v U,, I 0 0 PAVEMENT PULVERIZATION The contractor shall pulverize the existing pavement / base to a depth of eight (8) inches below the surface of the existing pavement. After pulverization is completed the contractor shall temporarily remove the pulverized material and remove an additional three (3) inches of base material. The removal of the base material shall start a minimum of eight (8) inches 0 below the surface of the existing pavement. After the undercut operation is complete, the contractor shall mix the pulverized material with five (5) percent Portland cement and spread the material as a base all in accordance with Item 214 Portland Cement Treatment 9 (Material Manipulation) of the latest edition of the City of Fort Worth Standard Specifications for Street and Storm Drain Construction as follows: * Cement shall be applied only to such an area that all the operations can be continuous and completed in day light within six (6) hours of such application. [I * Gradations have to be taken after mixing cement. 0 * No equipment except that used in the spreading and mixing will be allowed to pass over the freshly spread cement until it is mixed with the soil. a * Any mixture of soil and cement that has not been compacted and finished shall not remain undisturbed for more than thirty (30) minutes. D * Surface compaction and finishing shall proceed in such a manner as to produce, in not more than two (2) hours, a smooth, closely knit surface free of cracks, ridges or loose material, conforming to the crown, grade and line shown on the 0 plans. * After the roadway has been finished as specified herein it shall be immediately protected against rapid drying by applying two tenths (0.2) gallons per square yards of RC -2 or some other E.P.A. approved water based emulsion. Should it be necessary for construction equipment or other traffic to use that section of 9 roadway before the emulsion has dried sufficiently, it is the responsibility of the contractor to dust or sand the surface before such use to prevent pickup of D* material. The contractor shall also maintain this protective cover during the seven(7) day curing period so that all the soil cement base course will be covered effectively. * The soil cement course may be opened to local traffic as soon as the water based El emulsion has been applied ad dusted or sanded as necessary to prevent pickup of material by traffic. It may be opened to all traffic after seven (7) days. o After the minimum seven (7) day of curing the contractor shall overlay with three (3) inches of HMAC Type "D" course on top of the new base. C rg] page 2 a HMAC SURFACE COURSE (TYPE "D" MIX) All applicable provisions of Standard Specifications Item Numbers 312 "Hot -Mix Asphaltic Concrete" and 313 "Central Plant Recycling Asphaltic Concrete" of the City of Fort Worth Standard Specifications of Street and Storm Drain Construction shall apply to the construction methods for this portion of the project. Standard Specification 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 0 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 a batch design of the proposed ht mix asphaltic concrete for City approval 48 hours prior to placing the HMAC overlay. The City will provide laboratory control as necessary. [I [ii a a [1 [I C 0 2-1 i v2" PROJECT DESIGNATION SIGN 1 1/4" City of Fort Worth 1.2 V?" 3 1/2" 11/4 J • L r I 4" project Title Contractor: ractors Name cheduled Completion Date Year 4•-O" ION6HORN WHITE ( BLUE BACKGROUND MI/ WHITE LETTERS) LETTERINO'CITY Of FORT WORTH-$OOKMAN DEMI ITALIC PROJECT TITLE ,CONTRACTOR a DATE IN NELVETICA CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1995 CLASSIFICATION RATE CLASSIFICATION RATE AIR TOOL OPERATOR $7.554 ASPHALT RAKER $8.565 ASPHALT SHOVELER $8.255 BATCHING PLANT WEIGHER $9.371 BATTERBOARD SETTER $8.920 CARPENTER $9.447 CONCRETE FINISHER (PAV) $9.345 CONCRETE FINISHER (SIR) $9.058 CONCRETE RUBBER $7.733 ELECTRICIAN $12.761 FLAGGER $5.598 FORM BUILDER $8.717 FORM LINER $8913 FORM SETTER (PAV & CURB) $8.686 FORM SETTER (STRUCTURES) $8.427 LABORER, COMMON $6.402 LABORER, UTILITY $7.461 MECHANIC $10.658 OILER $8.698 SERVICER $8.104 PILEDRIVER $7.500 PIPELAYER $8.509 BLASTER $11.333 POWER EQUIPMENT OPERATORS ASPHALT DISTRIBUTOR $8.404 ASPHALT PAVING MACHINE $9.053 BROOM OR SWEEPER OPERATOR $7.908 BULLDOZER, 150 HP OR LESS $8.703 BULLDOZER, OVER 150 HP $9.160 CONCRETE PAVING CURING MACH. $8.213 CONCRETE PAV FINISHING MACH. $9.453 CONCRETE PAVING FORM GRADER $8.500 CONCRETE PAVING JOINT MACH. $9.042 CONCRETE PAVING JOINT SEALER $7.350 CONCRETE PAVING FLOAT $7,875 CONCRETE PAVING SAW $9.290 CONCRETE PAVING SPREADER $9.750 SLIPFORM MACHINE $9.000 CRANE, CLAMSHELL, BACKHOE, $9.513 DERRICK, DRAGLINE, SHOVEL (LESS THAN 1 '/2 CY) CRANE, CLAMSHELL, BACKHOE, $10.517 DERRICK, DRAGLINE, SHOVEL (1 '/2 CY & OVER)) CRUSHING OR SCRNG PLT OPR. $9.500 ELEVATING GRADER' FOUNDATION DRILL OPERATOR $10.000 (CRAWLER MOUNTED) MILLING MACHINE OPERATOR $6.650 MIXER (OVER 16 CF) $9.000 MIXER (16 CF & LESS) $7.913 MIXER -CONCRETE PAVING $9.500 MOTOR GRADER OPERATOR (FINE $10.346 GRADE) MOTOR GRADER OPERATOR $9.891 PAVEMENT MARKING MACHINE $6.402 POSTHOLE DRILLER OPERATOR $9.000 ROLLER, STEEL WHEEL $8.339 (PLANT -MIX PAVEMENTS) ROLLER, STEEL WHEEL $7.963 (FLATWHEEL OR TAMPING) ROLLER, PNEUMATIC SELF -PRO $7.403 SCRAPER -17 CY OR LESS $8.138 SCRAPER -OVER 17 CY $8.203 SIDE BOOM $7.793 TRACTOR -CRAWLER TYPE $8.448 (150 HP & LESS) TRACTOR -CRAWLER TYPE $8.873 (OVER 150 HP) TRACTOR -PNEUMATIC $7.735 TRAVELING MIXER $7.615 TRENCHING MACHINE -LIGHT $8.188 TRENCHING MACHINE -HEAVY $12.498 WAGON -DRILL, BORING MACHINE $9.000 REINFORCING STEEL SETTER $9.218 (PAVING) REINFORCING STEEL SETTER $11.548 (STRUCTURAL) STEEL WORKER -STRUCTURAL $16.300' SIGN ERECTOR $11.436 SPREADER BOX OPERATOR $6.988 BARRICADE SERVICER ZONE WK. $6.402 MOUNTED SIGN INSTALLER $6.402 (PERMANENT GROUND) TRUCK DRIVER -SINGLE AXLE $7.465 (LIGHT) TRUCK DRIVER -SINGLE AXLE $8.067 (HEAVY) TRUCK DRIVER -TANDEM AXLE $7.816 (SEMI -TRAILER) TRUCK DRIVER-LOWBOY/FLOAT $9.653 TRUCKDRIVER-TRANSIT MIX $7.507 TRUCK DRIVER -WINCH $8.200 VIBRATOR OPERATOR $7.000 WELDER 10.459 FOUNDATION DRILL OPERATOR $11.138 (TRUCK MOUNTED) FOUNDATION DRILL OPR HELPER $8.688 FRONT END LOADER $8.823 (2 Y. CY OR LESS) FRONT END LOADER $9.311 (OVER 2'/2 CY) HOIST (DOUBLE DRUM & LESS) $8.917 0 0 I 0 a 0 0 0 0 I li ci 0 0 0 ci 0 0 EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Award Type of Work Date Accepted Name and Address of Owner List of projects your organization is now engaged in completing: Amount Of Contract Award Type of Work Anticipated Date of Completion Name and Address of Owner List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Bond Amount of Bond - Name and Address of Surety 0 EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: / , > F' ii] 0 0 Ll 0 I 0 I I I I 0 0 I I Agency aFort Worth Agent By 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. Title 0 0 0 I 0 0 J 0 0 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- 060530175620, 9S58-070580174790 & C115-020115040580 0 STATE OF TEXAS § 0 COUNTY OF TARRANT § I C. 4' 1 1 1 • 1 p 41 DAN McCLEN®ON, PRESIDENT Title /G cl Date BEFORE ME, the undersigned authority, on this day personally appeared,�GY,dZv known to me be the person whose name is subscribed to/he fo �go ng ' strument, and acknowledged to me that he executed the same as the act and deed o T & for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this !6 4 day of 19 a "7 0 I 0 I 0 Notary Pub in a for the State of Texas 0 0 BOND NO. 89800170 PERFORMANCE BOND 0 THE STATE OF TEXAS § U COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) MCCLENDON CONSTRUCTION CO. INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3) VIGILANT INS. CO. & FEDERAL INS. CO. 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: THREE HUNDRED FIFTY-FOUR THOUSAND SEVEN HUNDRED EIGHTY-TWO AND NO/100.......... ($354,782.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, 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: UNIT I: WATER AND SEWER REPLACEMENTS IN CORDONE COURT AND CROMART COURT NORTH AND SOUTH; UNIT II: PAVEMENT IMPROVEMENTS IN CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC, CROMART COURT NORTH FROM WESTCREEK DRIVE TO CROMART COURT SOURTH, AND CROMART COURT SOUTH FROM WESTCREEK DRIVE TO CROMART COURT NORTH designated as Project No. (s) PW53-060530175620, PS58-070580174790 & C115-020115040580, 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 fl may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. I I I 0 F1 [1 I I I PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall be deemed an original, this the 1st June, 1999 ATTEST: MCCL DON ONSTRUCTION CO IN U. (Principal) Secretary PRIN PAL (4) BY: Title: DAN McCLEND0N, PRESIDENT fl (SEAL) P.O. BOX 996 BURLESON, TX 76097 VIGILANT INSURANCE COMPANY (7k . 6i1) (Address) MA4 diAJ'41 FEDERAL INSURANCE COMPANY fl Witness as to Prin l Surety Address BURLESON, X 76097 BY: ATTEST: Tamara E.Murr kttorney-in-fac 5) (Surety) Secretary 15 Mountain View Road fl Warren, NJ 07061 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by U. Attorney -in -Fact.. Witness to Surety U(Address) P.O. Box 8700; Fort Worth, TX 76124 0 0 F2 0 0 I I I I I I 1 I I I Ii I 0 0 0 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, Texas 78714-9104 FAX # (512) 4-75-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY OR BOND This notice is for information only and does not become a part or condition of the attached document. I BOND NO. 89800170 PAYMENT BOND CIS THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) MCCLENDON CONSTRUCTION CO., INC. a (2) Corporation of Texas, hereinafter call Principal, and (3) VIGILANT INS. CO. & FEDERAL ,IS. CO., 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: THREE HUNDRED FIFTY-FOUR THOUSAND SEVEN HUNDRED EIGHTY-TWO AND NO/100........... ($354,782.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly to these presents. 9 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:: UNIT I: WATER AND SEWER REPLACEMENTS IN CORDONE COURT AND CROMART COURT NORTH AND SOUTH; UNIT II: PAVEMENT IMPROVEMENTS IN CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC, CROMART COURT NORTH FROM WESTCREEK DRIVE TO aCROMART COURT SOUTH, AND CROMART COURT SOUTH FROM WESTCREEK DRIVE TO CROMART COURT NORTH a Project No. (s) PW53-060530175620, PS58-070580174790 & C115-020115040580 a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". a 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. I I I I F10 0 U 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. 0 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 8 counterparts each one of which shall be deemed [I - an original, this the .16tday of JuneA.D.; 1999 0 ' - ATTEST: U. (Principal) Secretary II Witness as to Prin al (sIll 'A hl • s C I • �.•�. m� Title: DAN McCLENDON, PRESIDENT P.O. BOX 996 BURLESON, TX 76097 (SEAL) (Address) P.O. BOX 96 U LON, TX 7609m Addr ATTEST: [1 (Surety) Secretary VIGILANT INSURANCE COMPANY FEDERAL INSURANCE COMPANY c..�Surety BY: 11A fi. E. Murray (Attorney -in -fact) 15 Mountain View Road Warren, NJ 07061 (Address) (Address) (SEAL) NOTE: Date of Bond must not be prior to date of contract a(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 U .(5) A true copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact.. tness as to urety a(Address) I BOND NO. 89800170 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § U______ KNOW ALL MEN BY THESE PRESENTS: That (1) MCCLENDON CONSTRUCTION CO. INC, as a Principal, acting herein by and through (2) Dan McClendon its duly authorized President and (3) VIGILANT INS. CO. & FEDERAL * a corporation organized under the laws of the State of X X I s surety, do hereby acknowledge themselves to be held and bound to pay unto the a 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 *INS. CO. **NY & IN ONE HUNDRED TWENTY-EIGHT THOUSAND FIVE HUNDRED NINETY AND 50/100...................... 11 ($128,590.50) 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, aadministrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, MAY 11, 1999, the performance of the following described public work and the construction of the following described public improvements: UNIT I: WATER AND SEWER REPLACEMENTS IN CORDONE COURT AND CROMART COURT NORTH AND SOUTH; UNIT II: PAVEMENT IMPROVEMENTS IN CORDONE COURT FROM aWESTCREEK DRIVE TO CUL-DE-SAC, CRESTON COURT FROM WESTCREEK DRIVE TO CUL-DE- SAC, CROMART COURT NORTH FROM WESTCREEK DRIVE TO CROMART COURT SOUTH, AND CROMART COURT SOUTH FROM WESTCREEK DRIVE TO CROMART COURT NORTH Oof same being referred to herein and in said contract as the Work and being designated as project number PW53- 060530175620, PS58-070580174790 & C115-020115040580 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 , 0 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 a WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of 0 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, a 0 I I I I 0 I WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be deemed an original, dated June 1, 1999. aATTEST: U. I 0 I (Principal) Secretary (Seal) 1/flak 62&J4J Witness as to rincipal BURLESON, TX 76097 (Address) ATTEST: U (SEAL) U a 0 I (Surety) Secretary Witness as to Surety MCCL DO CONSTRUCTION CO. INC. P C L (4 BY: Title: DAN MCCLEN©0N, PRESIDENT P.O. BOX 996 BURLESON, TX 76097 (Address) VIGILANT INSURANCE COMPANY F ERAL INSURANCE COMPANY BY: W/Y 1 in Tamara E. Murra►ttorney-in-fact) (5) is 15 Mountain View Road Warren, NJ (Address) 07061 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. 0 F6 �I Chubb POWER Federal Insurance Company Attn.: Surety Department I-�1 Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 1=4by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation,VIGILANT INSURANCE COMPANY, a New York ticln, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Kyle W. Sweeney, Charles D. Sweeney, Bobby E. Mayo and Tamara E. Murray of Fort Worth, Texas ----------- 0 each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and n their behalf as surety thereon or otherwise, bonds (other than bail bonds) and undertakings given or executed in the course of its business (but not o include any instruments amending or altering the same, nor consents to the modification or alteration of any instrument referred to in said bonds or obligations). 0 in Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on March 10 , 1998. Kenneth C. Wendel, Assistant Secre ry Fra E. Robertson, Vice resident OSTATE OF NEW JERSEY) j ss. County of Somerset on March 10 1998, before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary �of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE CCNPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he signed said Power of Attorney as Assatant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Robertson. subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial3ealg�$c� -� '-" THERESA a. C NOWSKI Notary Public Notary Public, Sta a of New Jersey CERTIFICATION No. 0014101 Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURA�Ai PIX i % Q6tMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or a Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." aI, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that (I) the foregoing extract of the By -Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business at all 50 of the United States of America and the District of Columba and are authorized by the U. S. Treasury Depart ent; further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. aGiven under my hand and seats of said Companies at Warren, NJ this 1st day of June , 19 99. gVF1ANC cu►Iln g\yRA C, C' �� Foo�eoer,� ��a`�-- toy ENO IA'0- �1S(0lkSt 'I'ew Yo1w n Id IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR fl NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Li Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com Kenneth C. Wendel, Assistant Secretary 0 0 CITY OF FORT WORTH, TEXAS CONTRACT 0 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: UCOUNTY OF TARRANT ElThis agreement made and entered into this the 11TH day of MAY A.D. 1999 , by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City of the 11 day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution Q duly passed at a regular meeting of the City council of said City and the City of Fort Worth being hereinafter termed Owner, MCCLENDON CONSTRUCTION CO., INC. HEREINAFTER CALLED CONTRACTOR. 0 WITNESSETH: That said parties have agreed as follows: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said owner to commence and complete 9 the construction of certain improvements described as follows: 0 UNIT I: WATER AND SEWER REPLACEMENTS IN CORDONE COURT AND CROMART COURT NORTH AND SOUTH; UNIT II: PAVEMENT IMPROVEMENTS IN CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC, CRESTON COURT FROM WESTCREEK DRIVE TO CUL-DE- SAC, CROMART COURT NORTH FROM WESTCREEK DRIVE TO CROMART COURT SOUTH, AND 0 CROMART COURT SOUTH FROM WESTCREEK DRIVE TO CROMART COURT NORTH 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion 9 of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works and Water Department of the City of Fort Worth and adopted by the City Council of the City of Fort Worth, which Plans and Specifications and OContract Documents are hereto attached and made a part of this contract the same as if written herein. 3. a The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 0 U C-1 a 0 4. flThe Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the 0 City of Fort worth within a period of 75 WORKING days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $210 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. ci 5. 0 ci 0 0 II 0 IJ 0 0 0 0 Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specification made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend owner and the Construction manager, their officers, agents, servants, and employees, from and against any and 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 convenat and agree to assume all liability and responsibility of Owner and the Construction Manager, their 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, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees or the Owner. Contractor likewise convenants and agrees to, and does hereby, indemnify and hold harmless Owner and Construction Manager from and against any and all injuries, loss or damages to property of the III C-2 I 0 0 [I I I Owner and Construction Manager during the performance of any to 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 form 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 Department of engineering, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Department of Engineering to the Transportation and Public Works Department for a period of thirty (30) days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Department of Engineering that the claim has been settled and a release has been obtained from the claimant involved. Although the claim concerned remains unsettled at the expiration of the above 30 -day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi- final payment to be in an amount equal to the total dollar amount then due less the dollar value or fl any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Department of Engineering. flThe Director of the Department of Engineering 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: U (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 out -standing claims, and such good faith efforts have failed. If condition (1) above is met any time within the six (6) months period, the Department of Engineering shall recommend that the final payment to the Contractor be made. If condition 92) above is met at any time within the six (6) month period, the Department of Engineering may drecommend that the final payment to the Contractor be made. At the expiration of the six month period the Director may recommend that final payment be made if all other work has been fl performed and all other obligations of the Contractor have been met to the satisfaction of the Department of Engineering. The Director of Department of Engineering may, if he deems it appropriate, refuse to accept bids U on other City of Fort Worth Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. U 0 0 C-3 L 0 is The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all u claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in a the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. o 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be THREE HUNDRED FIFTY-FOUR ElTHOUSAND SEVEN HUNDRED EIGHTY-TWO AND NO/100 ($354,782.00) 0 9. It is further agreed that the performance of this Contract, either in whole or in part, shall a not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 0 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 0 0 0 El it 0 C-4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in Paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Managers and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. 0 C-5 I aDone in Fort Worth, Texas this the 11TH day of MAY A.D., 1999. RECOMMENDED: CITY OF FORT WORT N(-QL_ BY: DIRECTOR, DEPARTMENT OF r .r.,.,.�IT , MANAGER ENGINEERING` CW '.aw U cw ! T 1'S'PoRT I©NUPUBhIC.. ....; .....rr , WORKS DIRECTOR ATTEST: I 0 0 I 0 0 I J 0 I 0 MCCLENDON CONSTRUCTION CO., INC. CONTRACTOR Cam°' CITY ECRETARY (SEAL) BY: DAN McCLENDON, PRESIDENT TITLE P.O. BOX 996 BURLESON, TX 76097 ADDRESS November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Contract Authorization !':.gate APPPOVED AS TO FORM AND LEGALITY ASST. &Y ATTORNEY I C-6 City of Fort Worth, Texas "Caffor and Council Communication DATE 5/11/99 REFERENCE NUMBER **C-17415 LOG NAME 30CROMART PAGE 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO MMCCLENDON CONSTRUCTION CO., INC. FOR: UNIT I: WATER AND SEWER REPLACEMENTS IN CORDONE COURT AND CROMART COURT NORTH AND SOUTH; UNIT II: PAVEMENT IMPROVEMENTS IN CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC, CRESTON COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC, CROMART COURT NORTH FROM WESTCREEK DRIVE TO CROMART COURT SOUTH, AND CROMART COURT SOUTH FROM WESTCREEK DRIVE TO CROMART COURT NORTH RECOMMENDATION: It is recommended that the City Council: Authorize the transfer of $144,021.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $34,232.00, and the Sewer Capital Project Fund in the amount of $109,789.50; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $34,232.00, and the Sewer Capital Project Fund in the amount of $109,789.50 from available funds; and 3. Authorize the City Manager to execute a contract with McClendon Construction Co., Inc. in the amount of $354,782.00 and 75 working days for: Unit I: Water and Sewer Replacements in Cordone Court and Cromart Court North and South; Unit II: Pavement Improvements in Cordone Court from Westcreek Drive to Cul-de-Sac, Creston Court from Westcreek Drive to Cul-de-Sac, Cromart Court North from Westcreek Drive to Cromart Court South, and Cromart Court South from Westcreek Drive to Cromart Court North. DISCUSSION: The 1998 Capital Improvement Program included funds for the improvement of Cordone Court from Westcreek Drive to Cul-de-Sac, Creston Court from Westcreek Drive to Cul-de-Sac, Cromart Court North from Westcreek Drive to Cromart Court South, and Cromart Court South from Westcreek Drive to Cromart Court North. The street improvements will include pulverization and HMAC resurfacing, construction of standard concrete curb and gutter, driveway approaches, and sidewalks where shown on the plans. The Water Department has determined that water and/or sanitary sewer lines in Cordone Court and Cromart Court North and South need to be replaced prior to street reconstruction. This project was advertised for bid on February 4 and 11, 1999. The following bids were received on March 4, 1999: City of Fort Worth, Texas "Agor and Council commlu"Acatio" DATE 5/11/99 REFERENCE NUMBER ' **C-17415 LOG NAME 30CROMART PAGE 2 of 2 SUBJECT :APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO MCCLENDON CONSTRUCTION CO., INC. FOR: UNIT I: WATER,AND •SEWER REPLACEMENTS IN CORDONE COURT AND CROMART COURT NORTH AND SOUTH; UNIT II: PAVEMENT IMPROVEMENTS IN .CORDONE COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC, CRESTON COURT FROM WESTCREEK DRIVE TO CUL-DE-SAC, CROMART COURT NORTH FROM WESTCREEK DRIVE TO CROMART COURT SOUTH, AND CROMART COURT SOUTH FROM WESTCREEK DRIVE TO CROMART COURT NORTH BIDDERS McClendon Construction Co.. Inc. Walt Williams Construction, Inc. Ed A. Wilson, Inc. Larry H. Jackson Construction, .Inc. Branch & Sons Contractors, Inc. AMOUNT TIME OF COMPLETION $354.782.00 75 Working Days Specified $376,034.25 $378,723.50 $390,704.00 $423,450.30 Contingencies for Unit IA (water) and Unit IB (sewer) change orders are $6,430.00 and $9,001.00' for the associated construction inspection and survey. Contingencies for Unit II paving improvements are $11,310.00. McClendon Construction Co., Inc. is in compliance with the City's M/WBE Ordinance by committing to 3% M/WBE participation and documenting good faith effort. McClendon Construction Co., Inc. identified several subcontracting and supplier opportunities. However, the M/WBE's contacted in the area identified did not respond or did not submit the lowest bids. The City's goal on this project is 41 %. This project is located in COUNCIL DISTRICT 3. 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, the Sewer Capital Project Fund, and the Street Improvements Fund. MG:i Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 1)&2)PW53 472045 060530175620 $ 34,232.00 �Qn C�1�Y�IVI/ NAY 11 1499 'City of Fort Worth, Texas 1)&2)PS58 472045 070580174790 $109,789.50 Originating Department Head: • A. Douglas Rademaker 6157 2) PW53 541200 0605301756?0 $ 32,092.00 2) PW53 531350 030530175620 $ 2,140.00 2) PS58 541200 070580174790 $102,928.50 2) PS58 531350 030580174790 $ 6,861.00 (from) 3) PW53 541200 060530175620 $ 30,563.00iiur.�. Additional Information Contact: A. Douglas Rademaker 6157 3) PS58`'% 841200 070580174790 $ 98,027.50 1) PE45 538070 0609020 $ 34,232.00 1) PE45 538070 •0709020 $109,789.50 ' 3) C115 541200 020115040580 $226,191.50 Adopted Ordinance No, '