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HomeMy WebLinkAbout025028 - Construction-Related - Contract - William J. Schultz, Inc. dba Circle C Construction Company1 CITY SECRETARY D.O.E. FILE COMTRAC OR'S BONING Co. CON STRUCT1Ol i`'S COPY CLIENT DEFARTMEN'i SPECIAL CONTRACT DOCUMENTS FOR SANITARY SEWER MAIN REPLACEMENTS CONTRACT "99C" "MSR99C" PROJECT NUMBERS: PS58-070580174850 DOE NO. 2575 Fort Worth Water Department ,HR C© tl Uo JV� 'CUJ9 �ISxD I ICITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION IADDENDUM NO. 1 TITLE: SANITARY SEWER MAIN REPLACEMENTS CONTRACT "99C" J PROJECT NUMBERS: PS58-070580174850 DOE NO. 2575 IINFORMATION TO BIDDERS: The Special Contract Documents for the above mentioned project are revised and amended as follows: DELETE ITEM: C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS; From page C6-6 (8) thru page C6-6 (10): shall be revised to read as follows: 1 J C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor convenants and agrees to indemnify City's engineer and architect, and their Personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner sastifactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from the Contractor against whom a claim for damages is oustanding 1 as a result of work performed under a City Contract. 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.Director, Departme f Engineen' By: Ken E. Moss. P.E. Sr. Project Manager, EngineeringServices SPECIAL CONTRACT DOCUMENTS FOR SANITARY SEWER MAIN REPLACEMENTS CONTRACT "99C" "MSR99C" PROJECT NUMBER(S): PS58-070580174850 D.O.E. No. 2575 ROBERT TERRELL CITY MANAGER LEE C. BRADLEY, JR., P.E. DIRECTOR WATER DEPARTMENT A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY DEPARTMENT OF ENGINEERING CITY OF FORT WORTH, TEXAS WATER DEPARTMENT SANITARY SEWER MAIN REPLACEMENTS CONTRACT "99C" "MSR99C" PROJECT NUMBERS: PS58-070580174850 DOE NO. 2575 LEE C. BRADLEY,JR. P.E. DIRECTOR WATER DEPARTMENT 1999 APPROVED A. DOUGLAS RADEMAKER P E., DIRECTOR, DEPARTMENT OF ENGINEERING APPROVED CRUMB, P.E., APPROVED ' \ 1 GEORGE A. APPROVED JOE COORDINATOR, WATER P.E., ASSISTANT DIRECTOR, T/PW P.E., ASSISTANT DIRECTOR, TRAFFIC ENGINEERING, T/PW DATE 41i I oNOTICE TO BIDDERS EjSealed proposals for the following: TITLE: SANITARY SEWER MAIN REPLACEMENTS I] CONTRACT "99C"; "MSR99C" PROJECT NO. PS58-070580174850 DOE NO. 2575 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursday, May 20, 1999, and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this- project may be Q obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of $20.00; such deposit will be refunded if the document is returned in good [] condition within 10 days after bids are opened. Additional sets may be purchased on a non- refundable basis for twenty dollars ($20.00) per set. I] Bid security is required in accordance with the Special Instructions to Bidders. a Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. ("j The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. U 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 fl U EFFORT FORM ("Documentation") as appropriate is received by the City. The award of I� 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 U award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging Dreceipt of all the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. Information Q regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. Din 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. You may obtain a copy of the ordinance from The office fl of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT O STATEMENT included with this bid documents must be completed and submitted with your bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render your bid non - 0 responsive. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME Li 0 I 0 0 ci I 0 0 0 ci 0 is 0 0 0 El El 0 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., (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 be evidence that the Documentation was received by the City. Failure to comply shall render your bid non responsive. For additional information, contact Ken Moss @ (817) 871-7989. BOB TERRELL CITY MANAGER Advertising Dates: April 29, 1999 May 06, 1999 ALICE CHURCH CITY SECRETARY Department of Engineering A. Dou 1 Rademaker, irector y ,'John Firing, P. . Manager, Engineering Services fl'. 0 0 0 0 a I ci I ci 0 0 I ci 0 I ci SPECIAL INSTRUCTIONS TO BIDDERS 1. PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. current financial statement, an acceptable experience record, and 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 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 to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non -responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful Revised 4/2/99 U a bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury List, or (2) the surety must have capital and surplus equal to ten times L! 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. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C3-3.7. 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. fl D 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City of Fort Worth 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. D7. NONRESIDENT BIDDERS: Pursuant to Article 601G, Tex. Rev. Civ. Stat., 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 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 Ubusiness 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 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, a 0 Revised 4/2/99 I 0 ci a II ci 0 ci 0 ci ci 0 0 0 a II 0 a employees, program participants, or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement, or discharge of employees in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statuory requirements. Contractor warrants if will fully comply with the Policy and will defend, indemnify and hold the City harmless against any claims or allegations asserted by third parties or subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms, and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other state and local laws concerning disability and will defend, indemnify, and hold the City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. 'MINORITY AND WOMEN BUSINESS ENTERPPRISES: 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 order for a bid to be considered responsive the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render your bid non -responsive. 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 the delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render your bid non -responsive. aRevised 4/2/99 U a 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 flpayment thereof. Contractor further agrees to permit any audit and/or examination of any books, LJ L J 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 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. ci Lii ci 0 ci 0 0 ci ci 0 [I ci Revised 4/2/99 El [1 ci PART B - PROPOSAL OThis proposal must not be removed from this book of Contract Documents. 0 fl TO: Robert Terrell City Manager Fort Worth, Texas ci PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by 13 the City, equipment and labor for the installation of four -inch through sixteen -inch water main, and six-inch through fifteen -inch sanitary sewer mains and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: SANITARY SEWER MAIN REPLACEMENTS [1 CONTRACT "99C"; "MSR99C". Sewer Project No. PS58-070580174850 ci Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly 0 examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Engineering Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: 0 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL 0 NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 0 (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:) [I U B-1 L ci ID 0 0 0 0 0 El ci 0 El a 0 0 ED 0 0 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 1. 50 L.F. 6 -Inch PVC Pipe, 0 Ft. -6 Ft. Trench Depth, D-24; Per Linear Foot: _ Dollars and o Cents $_31 ' $_/350 2. 50 L.F. 6 -Inch PVC Pipe, 6 Ft. - 8 Ft. Trench Depth, D-24; Per Linear Foot: a, u7O Dollars oo 0n and .-'o Cents $ .3Z $ /6 b0 3. 50 L.F. 6 -Inch PVC Pipe, 8 Ft. - 10 Ft. Trench Depth, D-24; Per Linear Foot: r�y �'� a Dollars ° / `' and �o Cents $ 33 $_/SO 4. 50 L.F. 6 -Inch PVC Pipe, 10 Ft. - 12 Ft. Trench Depth, D-24; Per Linear Foot: U a Dollars v and ,�✓ o Cents $_31 $% b D 5. 750 L.F. 8 -Inch PVC Pipe, 0 Ft. -6 Ft. Trench Depth, D-24; Per Linear Foot: �h + 1)1) Dollars cb po and ✓�, Cents $3e $ a OD 6. 750 L.F. 8 -Inch PVC Pipe, 6 Ft. -8 Ft. Trench Depth, D-24; Per LineLLinear Foot: r 1 /h e -� ( Dollars U and o Cents $_3 3 $_c$_cV 255. 0 B-2 0 0 ii 0 ci 0 0 0 El 0 0 0 0 0 0 0 0 [I ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 7. 200 L.F. 8 -Inch PVC Pipe, 8 Ft. - 10 Ft. Trench Depth, D-24; Per Linear Foot: l v 'Q- Dollars '� ° and —n Cents $ $ L� . 8. 100 L.F. 8 -Inch PVC Pipe, 10 Ft. -12 Ft. Trench Depth, D-24; Per Linear Foot: o O ¼t 4, Dollars and .'o Cents $ $ 9. 100 L.F. 8 -Inch PVC Pipe, 12 Ft. - 14 Ft. Trench Depth, D-24; Per Linear Foot: J,w 0 Dollars / o° f and Cents $ / a $ / a Do 10. 100 L.F. 8 -Inch PVC Pipe, 14 Ft. - 16 Ft. Trench Depth, D-24; Per Linear Foot: r • Dollars oA and z/- D Cents $ $_501)0 11. 100 L.F. 8 -Inch PVC Pipe, 16- Ft. - 18 Ft. Trench Depth, D-24; Per Linear Foot: Dollars o� and .-'L-D Cents $_? U $ G D D Q , 12. 200 L.F. - 10 -Inch PVC Pipe, 0 Ft. -6 Ft. Trench Depth, D-24; Per Linear Foot: i'iL4 -'l)L4LQ Dollars e and ✓✓v Cents $ �3 $ l� 0 B-3 0 aITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 13. 200 L.F. 10 -Inch PVC Pipe, p, D 6 Ft. -8 Ft. Trench Depth, D-24; Per Linear Foot: ea 74.— fl Dollars and —�" Cents $ $ 14. 200 L.F. 10 -Inch PVC Pipe, 8 Ft. - 10 Ft. Trench Depth, D-24; Per Linear Foot: El Dollars and Cents $ $ %b00 15. 100 L.F. 10 -Inch PVC Pipe, 10 Ft. -12 Ft. Trench Depth, ElD-24; Per Linear Foot: U_____________0D and 0 Dollars -- 3�� b .� Cents $ 3� $ 'j 16. 100 L.F. 10 -Inch PVC Pipe, ,J 12 Ft. - 14 Ft. Trench Depth, D-24; Per Linear Foot: Dollars and A1O Cents $ 7 3 $ U 17. 100 L.F. 10 -Inch PVC Pipe, 14 Ft. -16 Ft. Trench Depth, {J D-24; Per Linear Foot: va v J CS)� Dollars [1 and -o Cents $_'S) $_'J" D 18. 100 L.F. 10 -Inch PVC Pipe, 16- Ft. -18 Ft. Trench Depth, D-24; Per Linear Foot: II12) Dollars and ✓y,a Cents $ b Q $ a0d U B-4 ci 0 ci ci a ci 0 0 0 0 El 0 0 ED 0 I 0 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 19. 100 L.F. 12 -Inch PVC Pipe, 0 Ft. - 6 Ft. Trench Depth, • D-24; Per Linear Foot: Dollars o0 and -fib Cents . $ 3 8 $ 3� d 20. 100 L.F. 12 -Inch PVC Pipe, 6 Ft. - 8 Ft. Trench Depth, D-24; Per Linear Foot: 44 ycw� Dollars � � ° i , and �v Cents $ $ 21. 100 L.F. 12 -Inch PVC Pipe, 8 Ft. - 10 Ft. Trench Depth, D-24; Per Linear Foot: Dollars 0/ / and �D Cents $ 7 $ 22. 100 L.F. 12 -Inch PVC Pipe, 10 Ft. - 12 Ft. Trench Depth, D-24; Per Linear Foot: SA_- Dollars v� and --J0 Cents $______ $ 7 ___ 23. 100 L.F. 15 -Inch PVC Pipe, 0 Ft. -6 Ft. Trench Depth, D-24; Per Linear Foot: o Dollars and —a-' v Cents $ $ 000 . 24. 100 L.F. 15 -Inch PVC Pipe, 6 Ft. - 8 Ft. Trench Depth, D-24; Per Linear Foot: J ≤� Dollars % a� ° 2 and �v o Cents $ 16 $ 0 B-5 0 0 0 ci El 0 0 I [I] 0 0 0 0 ci 0 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 25. 100 L.F. 15 -Inch PVC Pipe, 8 Ft. - 10 Ft. Trench Depth, D-24; Per Linear Foot: l D $ llars g / $ Igo d and D C 26. 100 L.F. 15 -Inch PVC Pipe, 10 Ft. - 12 Ft. Trench Depth, D-24; Per Linear Foot: Dollars a and Cents $ T $ 27. 100 L.F. 6 -Inch Ductile Iron Pipe, 0 Ft. -6 Ft. Trench Depth, D-23; Per Linear Foot: 4 ° Dollars and 0d Cents $ -� 9 $ 3 28. 100 L.F. 6 -Inch Ductile Iron Pipe, 6 Ft. -8 Ft. Trench Depth, D-23; Per Linear Foot: O0 i'2A U O Dollars and „/� Cents $3 IQ s39' 29. 50 L.F. 6 -Inch Ductile Iron Pipe, 8 Ft. -10 Ft. Trench Depth, D-23; Per Linear Foot: ________________Dollars and .so Cents $ 30. 50 L.F. 6 -Inch Ductile Iron Pipe, 10 Ft. - 12 Ft. Trench Depth, � D-23; Per Linear Foot: 1 �'"'"I Dollars ai 00 and .mil% 0 Cents $ $_C2-30 0 . [I] U B-6 0 0 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 31. 200 L.F. 8 -Inch Ductile Iron Pipe, 0 0 Ft. -6 Ft. Trench Depth, D-23; Per Linear Foot: Dollars !/ 0 and ✓'f� Cents $ / d $ 32. 200 L.F. 8 -Inch Ductile Iron Pipe, Q 6 Ft. - 8 Ft. Trench Depth, D-23; Per Linear Foot: 1] Dollars , / ° o and ,-D Cents $ �T I $_?? 0O. 33. 200 L.F. 8 -Inch Ductile Iron Pipe, 8 Ft. - 10 Ft. Trench Depth, D-23; Per Linear Foot: Dollars Cents eo $_ f $_'I2 and ,r/ fl 34. 100 L.F. 8 -Inch Ductile Iron Pipe, 10 Ft. - 12 Ft. Trench Depth, D-23; Per Linear Foot: 1] Dollars J D 7 0 and ✓D Cents $ $____ 35. 100 L.F. 8 -Inch Ductile Iron Pipe, 12 Ft. - 14 Ft. Trench Depth, D-23; Per Linear Foot: ' JD (} 'tAt61 Dollars Cents $_5c $ Sac � . and i/o 36. 100 L.F. 8 -Inch Ductile Iron Pipe, 14 Ft. - 16 Ft. Trench Depth, D-23; Per Linear Foot: R U __________________ Dollars / and �,/a Cents $ 6 () $ OD 0 a U B-7 0 a a 0 D ci G 0 n Q [I 0 0 0 0 0 0 0 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 37. 100 L.F. 8 -Inch Ductile Iron Pipe, 16 Ft. - 18 Ft. Trench Depth, D-23; Per Linear Foot: Dollars ° G and �/U Cents $ $ OO 38. 100 L.F. 8 -Inch Ductile Iron Pipe, 18 Ft. - 20 Ft. Trench Depth, D-23; Per Linear Foot: <ML Dollars 1,O v and Cents $ $ 39. 200 L.F. 10 -Inch Ductile Iron Pipe, 0 Ft. -6 Ft. Trench Depth, D-23; Per Linear Foot: 0 Dollars and ✓vU Cents $ / a $______ 40. 200 L.F. 10 -Inch Ductile Iron Pipe, 6 Ft. - 8 Ft. Trench Depth, D-23; Per Linear Foot: Dollars and Cents $ 7` 3 $ 41. 200 L.F. 10 -Inch Ductile Iron Pipe, 8 Ft. - 10 Ft. Trench Depth, D-23; Per Linear Foot: �p a� Dollars O° / and .�y Cents $ J7V $ g g o d 42. 100 L.F. 10 -Inch Ductile Iron Pipe, 10 Ft. - 12 Ft. Trench Depth, D-23; Per Linear Foot: Dollars and ✓✓o Cents $ $ 0 B-8 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 43. 100 L.F. 10 -Inch Ductile Iron Pipe, 12 Ft. - 14 Ft. Trench Depth, D-23; Per Linear Foot: 4tZJ Dollars and '—-"y Cents $ $_53L)0 44. 100 L.F. 10 -Inch Ductile Iron Pipe, 14 Ft. - 16 Ft. Trench Depth, D-23; Per Linear Foot: l i Q Dollars p -' and O Cents $ S 1 $ 5 god 45. 100 L.F. 10 -Inch Ductile Iron Pipe, 16 Ft. - 18 Ft. Trench Depth, D-23; Per Linear Foot: d D o 0 _________________Dollars Cents $_69 $ and 46. 100 L.F. 10 -Inch Ductile Iron Pipe, 18 Ft. - 20 Ft. Trench Depth, D-23; Per LinearFoot: / �?/Ly�p Dollars D �� U 9 Cents �y $_Y I $_/ / and .A/ i) 47. 50 L.F. 12 -Inch Ductile Iron Pipe, 0 Ft. -6 Ft. Trench Depth, D-23; Per Linear Foot: 1„J-0 -- Dollars 9 and .jr) Cents $______ $ c2 3 SD . 48. 50 L.F. 12 -Inch Ductile Iron Pipe, 6 Ft. -8 Ft. Trench Depth, D-23; Per Linear Foot: Dollars �J and o Cents $ / $ �d . 0 R 0 0 LI ti D 0 0 0 0 LI F' ci ci 0 0 0 ITEM APPROX. DESCRIPTION OF ITEMS WITH NO. QUANTITY BID PRICES WRITTEN IN WORDS 49. 50 L.F. 12 -Inch Ductile Iron Pipe, 8 Ft. - 10 Ft. Trench Depth, D-23; Per Linear Foot: Yl i"- - Dollars and Cents 50. 50 L.F. 12 -Inch Ductile Iron Pipe, 10 Ft. - 12 Ft. Trench Depth, D-23; Per Linear Foot: :I4iDollars and Cents 51. 25 L.F. Bore & Jack 6" DIP w/Pressure Grout, D-23; Per Linear Foot: ) d4 and 1Na Cents 52. 25 L.F. Bore & Jack 8" DIP w/Pressure Grout, D-23; Per Linear Foot: Yk'LQ Dollars and Cents UNIT TOTAL PRICE AMOUNT PC $ �3 $_s&. vb a $�7$����J $_b(� $ isa6 53. 25 L.F. Bore & Jack 10" DIP w/Pressure Grout, D-23; Per Linear Foot: �.� J4 cL�' 51Tars o�o and -'✓/o Cents $ 35 0 $ _ 2S 0. 54. 25 L.F. Bore & Jack 12" DIP w/Pressure Grout, D-23; Per Linear Foot: 7'67/,/r /Llwt Dollars and -4-', Cents bb �O $930 $_/0 7w. D B-10 0 0 a 0 a Q 0 a 0 4 ci ci 0 0 a ci ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 55. 25 L.F. Bore & Jack 15" DIP w/Pressure Grout, D-23; Per Linear Foot: nn Zn Q���.dC Dollars °- and .✓✓o Cents $ Sob $ la \52C'. 56. 20 E.A. Vacuum Test for Sanitary Sewer Manhole, D-48; Per Each: ll nn p Ora"< ��-O( �.I o � Dollars ° � D and Cents $ $_3O d 57. 20 E.A. Standard 4 -Foot Diameter Manhole to 5 Feet Depth, D-20; Per Each: 27L{ yL J ► - d Dollars and -AZ) Cents $ l ©b $_c ,D00 58. 20 V.F. Additional Depth Over 5 Foot of Standard 4 -Foot Diameter Manhole, D-20; Per Vertical Foot: Dollars 0 a o and L,'i) o Cents $ 9 0 $) g DO 59. 5 E.A. Standard 4 -Foot Diameter Drop Manhole to 5 Feet Depth, D-20; Per Each: LQ va a° i Dollars ,�0 Q Oo0 and �' t) Cents $ $ 60. 5 V.F. Additional Depth Over 5 Foot of 4 -Foot Diameter Drop Manhole, D-20; Per L rVertical Foot:11 (J `?� Dollars and C1 Cents $ l V 0 $ 7b U a B-11 0 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 61. 5 E.A. Shallow Manhole Per Fig. 106, D-20; Per Each: 4,j9t& h..41 anL$aC Dollars a 6 6 } �tt and .—' o Cents $ b U $ ' OOO 62. 20 E.A. Concrete Collar for Manhole, fl Per Fig. 121, D-20; Per Each: �-W a �utin Dollars and Cents $_5O $ as 63. 20 E.A. Watertight Manhole Inserts, D-20; Per Each: £CL )t'n COQ Dollars U o o and �✓o Cents $_) 00 $_c d 0 D LI64. 5 E.A. Adjust & Seal Existing Manhole, D-20; Per Each: 0 ≤ Dollars and .1✓ a Cents vb $6oD $3ood 65. 5 E.A. Remove Existing Sewer Manhole, D-22; Per Each: 1 55q � " Dollars and " 0 Cents $' D d $ 3.00 6 66. 5 E.A. Abandon Existing Sewer Manhole, D-22; Per Each: 7,pDollars and �✓ C} Cents JrO $ D $ 67. 100 E.A. 4 -Inch Sanitary Sewer Service Tap, D-21; Per Each: and VQ Cents $ 7` s� $ 7 s G a El B-12 0 F11 ci Q ci 11 0 ci 0 0 0 El a ci Q 0 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 68. 25 E.A. 6 -Inch Sanitary Sewer Service Tap, D-21; Per Each: ≤2 cG ilLiin d Ask Dollars ` ' D e� and �/n Cents $ (DS� $_14 asl� 69. 25 E.A. 8 -Inch Sanitary Sewer Service Tap, D-21; Per Each: ,Y SIT Dollars 5 ® and -'/ECents $_Z_ $ s d . 70. 500 L.F. 4 -Inch Sanitary Sewer Service Line Replacement or Installation, D-21; Per Linear Foot: '144JQm , C -Ak Dollars ° and Cents $ r2l $ /0 50b. 71. 100 L.F. 6 -Inch Sanitary Sewer Service Line Replacement or Installation, D-21; Per Linear Foot: Dollars Cents b $1 $ 0206 and -No 72. 100 L.F. 8 -Inch Sanitary Sewer Service Line Replacement or Installation, D-21; Per Linear Foot: ____________________Dollars ° b 1)1 0 ° and , �O Cents $ '- $ 0 b 73. 5 E.A. Cut and Plug Existing Mains All Sizes; Per Each: 4 // .C P,evc i�eJnnC rn Dollars and .-' r) Cents $ 50D $ ob ci B-13 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 74. 1500 L.F. Trench Safety System, D-19; Per Linear Foot: .old d Dollars J be' D D D and Cents $ $ 75. 15 E.A. Job Move -in; D-44; Per Each: /tQ≥Aft Dollars pb oD and Cents $1 5 b $ a O t'. 76. 10 E.A. Emergency Situation Job Move -In, D-52; Per Each: ous d o17 ab and Dollars Cents $3O1t $ 30 D' O 77. 25 L.F. Hydro Mulch Seeding, D-39; Per Linear Foot: Dollars and Cents $ $ J D 6 78. 25 L.F. Sodding, D-39; Per Linear Foot: U a Dollars / 1 and ...�/r� Cents $_5 $ 79. 25 L.F. Concrete Encasement, Fig. 113, D-28; Per Linear Foot: ll ��zc �C .G�� Dollars v b D l $ e 95. and _N n Cents $35 80. 20 C.Y. Concrete Riprap, D-32; Per Cubic Yard: on � i'd Dollars 6b G D -' -L and ti n Cents $_/O d $) 0 b b, B-14 ILl El ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 81. 5 C.Y. Crushed Limestone, D-15; Per Cubic Yard: Dollars and Cents $ % b $ 5 O 82. 5 C.Y. Class 'B' Concrete (#2500); flPer Cubic Yard: SLSZi4t14ii Dollars ° c) [1 and ojd o Cents $ %5 $_325 . 83. 5 C.Y. Class 'E' Concrete (#1500); 1] Per Cubic Yard: _42J24 4AA-e Dollars D3' and LNv Cents $ $_375 84. 10 S.Y. Concrete Sidewalk or Driveway Replacement, D-14; Per Square Yard: Dollars % and u Cents $ 5 $ -5s d 1] 85. 100 L.F. Concrete Curb and Gutter Replacement, D-14; Per Linear Foot: l Dollars and _I) Cents $ _-, J o $ g. [J 86. 100 L.F. Concrete Pavement on 2:27 Concrete Base, Fig. 1, D-16; D-17; Per Linear Foot: [I _ .,[.c. Dollars d a a and --v n Cents $ 6 s $ &>_i. U U (1 B_i5 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 87. 50 L.F. Brick on Reinforced Concrete Base, Fig. 3; Per Linear Foot: ' Dollars Ub - 40 � and ✓b0 Cents $_S © $_25 O D 88. 250 L.F. Min 2 -Inch HMAC on 2:27 Concrete Base, Fig. 4, D-16; D-17; Per Linear Foot: t&t d Dollars Cents $_3 c $ gt 0 o. and 89. 500 L.F. 2 -Inch HMAC on 2:27 Concrete Base, Fig. 5, D-16; D-17; Per Linear Foot: -��• i ) 0 Dollars and , Jv d Cents $_3 $%. 90. 100 L.F. Min 1 -1/2 -Inch HMAC on Reinforced Concrete Base, Fig. 2, D-16; D-17; Per Linear Foot: Dollars Cents �b 11 $35 $_3500. and . N61 _ 91. 1500 L.F. 2 -Inch HMAC on 8" Crushed Stone Base (Temp. Pvmt.), Fig. 5R, D-33; Per Linear Foot: el ___________________Dollars and ^ JO Cents $ ) oL $ , 92. 1500 L.F. 2 -Inch Hot or cold Mix Rolled Temporary Pavement Fig. A, D-33; Per Linear Foot: �b V G � �Dollars 1 � / r) $ Y O&) and -N o Cents $___!�? _ . ME 0 0 0 0 El ITEM APPROX. DESCRIPTION OF ITEMS WITH NO. QUANTITY BID PRICES WRITTEN IN WORDS 93. 100 L.F. Flex Base Material for Temporary Pavement Repair, Fig. A, D-33; Per Linear Foot: Dollars and ✓'� a Cents UNIT TOTAL PRICE AMOUNT Un G V 94. 100. S.Y. Replace Paving in Parking Areas, D-18; Per Square Yard: Dollars and ^' o Cents $_______ $ r D 6. 95. 1000 L.F. El 0 Q 96. 0 El D 0 0 0 Pre -Construction Cleaning and Television Inspection of Sanitary Sewer Line, D-5 1; Per Liner Foot: Dollars and Cents 1000 L.F. Post -Construction Television Inspection of Sanitary Sewer Lines, D-47; Per Linear Foot: Dollars and �6 Cents TOTAL AMOUNT BID * Type of Pipe Used PVC Pipe (SDR-35, Per EI-25, 6 - 15 inch): PVC Pipe (PS -46, Per E1-27, 6- 15 inch): PVC Pipe (Composite Pipe, Per E1-29, 8 - 15 inch): PVC Pipe (Corrugated Pipe, Per E1-31, 6- 15 inch): C2b vJ $ 5 $ LI B-17 0 0 0 Q I Q a 0 U 0 0 a 0 0 ci It 0 PART B - PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 365 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statue is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. TB. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 0 B-18 IJ 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: OAddendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) U Respectfully submitted, l,ll,Q,-,-, �s�Auifz the d6a C Cogs/r u c fi o n By: ,,) Q Title: f �iesi c/e n it 0 0 El(Seal) Date: 6- O -99 III 0 0 0 0 Address: /©0 Box Foy Oc,-/1, T 7G /YO Telephone: /7 293 /.3 El B_19 City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the MIWBE goal is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (MIWBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is /8 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. 2. Prime Contractor Waiver Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. 3. Good Faith Effort Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the MIWBE Office at (817) 871-6104. Rev. 612198 ATTACHMENT 1A Page 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION C 'RIME C9MPAN NAPIE q / C c „ (( Oh t' G� =J iJECT NAME BID DATE p5se-G'7a.5et'I gy SO PROJECT NUMBER CITY'S MIWBE PROJECT GOAL: , M/WBE PERCENTAGE ACHIEVED: lure to complete this form, in its entirety with supporting documentation, and received by the Managing )epartment on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will .1 ult 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 this s 'iedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing n ;representation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to specifications. H- ;ompany Name, Contact Name, Address, and Telephone No. Certified Specify All Contracting Scope of Work (*) Specify Al! Items to be Supplied(*) Dollar Amount _ Q j pp V ` am Z ~ S 3?aI N &;c Dr .A5phah a4 y1a c,P J D5 9 1: rr) -h x -2&113 h1m % bore Sand r4ivl ofd S Orc I) as, Ix 7637 )rut%/1.v�q /q-33/ rM/WBEs must be located in the 9 (nine) county marketplace or currently doing business in the marketplace at the time of bid. Specify all areas in which 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 1••1 Identify each Tier level. 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. 6/2198 ATTACHMENT 1A Page 2 of 2 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 F - Dollar Amount a U Z oo XT 5 he bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding ►dual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. r a bidder also agrees to allow an audit and/or examination of any books, records and files held by their company I.at will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized )fficer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for : urinating the contract or debarment from City work for a period of not less than three (3) years and for initiating j ion under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and :reates a material breach of contract may result in a determination of an irresponsible offeror and barred from -ticipating in City work for a period of time not less than one (1) year. ALL s d WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD R thorized Signature Printed Signature Title Contact Name and Title (if different) t- Q.Q C l OA /' t"& L Company Name P.0,9ax V 3 V I (dress Lk .x 7b1go ty/State/Zip Code 8)7 -, V3- ) 3 Telephone Number (s) e/7-,v93-Jg52 Fax Number s1alfl 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. 6/2198 Lill 1 I PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS ACl-1 DEFINITIONS Cl-1.1 Definition of Terms Cl-1 (1) Cl-l.2 Cl-1.3 Contract Documents Notice to Bidders Cl-1 (1) Cl-1 (2) Cl 1.4 Proposal Cl-i (2) Cl-1.5 Bidder Cl-1 (2) Q Cl-1.6 General Conditions Cl-1 (2) C1-1.7 Special Conditions Cl-1 (2) Cl-1.8 Specifications Cl-i (2) Cl-1.9 Bond Cl-1 (2) Cl-1.10 Contract C1-i (3) Cl-1.11 Plans Cl-1 (3) C1-1.12 Cl-1.13 City City Council Cl-1 (3) Cl-1 (3) C1 1.14 Mayor Cl-i (3) Cl-1.15 City Manager Cl-1 (3) D C1-1.16 City Attorney Cl-1 (3) C1-1.17 Director of Public Works Cl-1 (4) C1-1.18 Director, City Water Department Cl-1 (4) Cl-1.19 Engineer Cl-1 (4) Cl-1.20 Contractor Cl-i (4) Ci-1.21 Sureties Cl-1 (4) Q Cl-1.22 Cl-1.23 The Work or Project Working Day Cl-1 (4) Cl-1 (4) Cl-1.24 Calendar Day Cl-i (4) Cl-1.25 Legal Holiday Cl-1 (4) Ii Cl-1.26 Abbreviations Cl-i (5) U Cl-1.27 Change Order Cl-i (6) C1-1.28 Paved Streets and Alleys Cl-1 (6) C1-1.29 Unpaved Streets and Alleys Cl-1 (6) Q C1-1.30 City Streets Cl-1 (6) Cl-1.31 Roadway Cl-1 (6) Cl-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) [11 (1) f J C2-2.7 C2-2.8 Delivery of Proposal Withdrawing Proposals C2-2 C2-2 (4) (4) C2-2.9 Telegraphic Modification of Proposals C2-2 (4) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (5) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterpise Women -Owned Business Enterprise compliance C3-3 (1) C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (2) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (4) C3-3.9 Failure to Execute Contract C3-3 (4) C3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) �1 �1 C3-3.14 Contractor's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8) 1 C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) 1 C4-4.6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) 1 C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (2) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5.11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6) C5-5.13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and Utilities C5-5 (7) C5-5.15 Interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8) C5-5.17 Cleanup C5-5 (8) C5-5.18 Final Inspection C5-5 (9) (2) 1 C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials and Processes C6-6 (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 ,-)y 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 C7-7.13 Temporary Suspension Termination of Contract due to C7-7 (6) National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9) C7-7.16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) (3) •0 C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) C8-8.8 Final Payment C8-8 (3) C8-8.9 Adquacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (5) C8-8.12 Miscellaneous Placement of Material C8-8 (5) C8-8.13 Record Documents C8-8 (5) a a a I I I I I I 0 [I] 0 (4) 0 PART C - GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS Cl-i.l DEFINITIONS OF TERMS: Whenever in these Contract F' Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. L!J a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: 4 PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) (Developer) Canary Yellow 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 0 a 0 b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) Cl-1 (1) 0 a n Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. Cl-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. Cl-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. Cl-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and Cl-1 (2) a a LJ ii En I I LI I I I 0 [$1 i� U a faithful performance of the contract and include the following: LJ a. Performance Bond (see paragraph C3-3.7) O 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. Cl-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements 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. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 0 a Li 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) LI LI Cl-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. Cl-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. Cl-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. Cl-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub -contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. 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. fi Cl-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: X11 Cl-1 (4) U 1. New Year's Day January 1 2. M. L. King, Jr. Birthday. Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is fl 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 ft employees working on working day operations. Employees fl working calendar day operations will consider the calendar holiday as the holiday. QCl-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: Li AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day fl Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - ASTM In Accordance With American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O.D. - Outside Diameter �' Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - CI - Boulevard Cast Iron C - In. - Centigrade Inch LA CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street fl Lin. - Linear or Lineal CY - Cubic Yard lb. Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot a D.I. - Ductile Iron FlC1-1 (5) a 0 C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. 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." Cl-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. Cl-1.31 ROADWAY: parallel lines two (4') feet back of exists. The roadway is defined as the area between (2') feet back of the curb lines or four the average edge of pavement where no curb Cl-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Cl-1 (6) I 0 a iiJ [I] 0 a I I I I B L C SECTION C - GENERAL CONDITIONS Q C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL aSECTION 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 Q the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior t{r!� to the hour for opening of bids. The financial statement required shall have been prepared by Dan 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 nati,ire 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. o 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) 11 [i I forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall 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 requiied for its completion, and obtain all information required to make an intelligent proposal. No information given by the Ow'ner 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 I Li I LI I I I I I I L1 I I C2-2(2) I J Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. l i C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. ® If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. fl Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3) 0 0 C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed 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 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) 0 0 a ILI' 0 0 ft ft ft 0 'I I1 0 0 a Iii I I I11I' I I I 0 LI I I I I I I LI a El n Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. I C2-2(5) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS 0 0 0 0 LJ u LI] L!J 0 SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: opened and read aloud, the proposals basis of the quoted prices, the proposal, and the application of methods of bringing items to a established in the Contract Document! After proposals have been will be tabulated on the quantities shown in the such formulas or other common basis as may be The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman -owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) L!i a The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee... The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The the award of 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 Ii price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: +' �+ a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) II a a 0 Lii r ii u Ii] r bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be n executed by an approved surety company doing business in the t, City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) I I 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 I 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 7� legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the. uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub -contractors' C3-3 (4) 0 0 E!I I I I n a I Li I I 1 d w ri1 certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub -contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub -contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub -contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury,, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above -mentioned policies, and in the amount as set forth for public liability and property damage,, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub -contractors). 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). 4. Damage to underground utilities for $500,000. C3-3 (5) 0 ii 5. Builder's risk (where above -ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). df AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub -contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance fl of the Contract. (� 11 II 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. 0 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 �•j C3-3 (6) a 0 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 fl 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 a minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. fl 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) 0 0 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. I 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. a LJ 0 L$J a C3-3 (8) ru 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 0 rn waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method rn C4-4 (2) a n I suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. I 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 Liproceed 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 affect on changed or fiunchanged 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. Thera ii C4-4 (3) Li] 0 shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at 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 proces3 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. e I Ii] 0 �(I Li] n 0 G 0 LJ Lii 0 0 u C4-4 (4) Fill Ii I Durations shall be in calendar days and normal IC. holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. t 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. fl For each general category, the construction schedule shall Li 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. I 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. I7. Owner's operator instruction (if applicable). 8. Final inspection. I C4-4 (5) 9. Operational testing. N 10. Final inspection. N 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 #f shall be considered grounds for determination by the Owner i■� that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. U ri 0 [1 ft L!i E$i [II C4-4 (6) PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, 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) 0 C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel 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 0 I I LJ El ft I I I 1 11 LI C5-5 (2) ill (1 adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar -day or on a working -day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the ii project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking Ya 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. Ie 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 L consistent with good practice. P C5-5 (3) 0 0 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. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or ,perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. f] 0 ii a [$1 n F-1 L 0 0 C5-5 (4) L ri a iT' a 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 Dfl directed. After said portions of Contract Documents. El n 0 Cu El �J u LIT [I 0 examination, the Contractor shall restore the work to the standard required by the Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5.11 SUBSTITUTE MATERIALS OR 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) D I I substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written. approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be 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 r1 I I J I Li I 7 Li I e Elil C5-5 (6) iii a a Ii 111 LI ii LI a LI 0 LI 0 LI a 0 v ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. 0 C5-5 (7) [ii 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. 1 Thank you, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. I 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) I I Lii Iunsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly I condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the 1 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 I are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. I I I I Lii] IC5-5 (9) U a PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY fl C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct fl 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 IJ 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. Q 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 fl 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 fl 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 [J specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. 0 C6-6 (1) I I I 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 a such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use -of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. I C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) 1 I I iJ I LII I I I [I I 0 I t I I I I gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be 0 C6-6 (3) carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 (4) 0 Li I n I I I I I 0 I I 0 I �H 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 IC6-6 (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. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights -of -way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights -of -way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use I I Li I L� 0 I I I C 1 I C6-6 (6) 1 rj every precaution to prevent damage to plants, lawns, fences, culverts, curbing structures or improvements, to all water, all conduits, overhead pole lines, or including the construction of temporary f public or private property along adjacent all trees, shrubbery, and all other types of sewer and gas lines, to appurtenances thereof, fences, and to all other 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 be 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 damage 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-execut'i-on thereof -on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service rJ associated with this work. C6-6 (7) [F [F 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. I C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondent 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. fl 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 and 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, 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 a invitees of the City; 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, in whole or in part, by the alleged negligence of the officers, agents, servants, employees, contractors, subcontractors, 0 C6-6(8) 0 licensees and invitees of the City. Contractor likewise covenants and agrees to, and does hereby indemnify and hold U harmless City from and against any and all injuries, damage, loss __- or destruction to property of City 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 by officers, agents, servants, employees, contractors, subcontractors, licensees, invitees of Owner. In the event a written claim for damages against the contractor • or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of. the above 30 -day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi- final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the expiration of the six month period the Director may C6-6 (9) 13 I 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. I The Director may, if he deem 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 a 0 C6-6 (10) u received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water O Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. r 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 fl 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. u [I 0 r 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 0 C6-6 (11) I I 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. I Li I e L$J J I Li Li LI I I I E1 C6-6 (12) a Li Limited Sale, Excise and Use Tax permits and information can be obtained from: fl Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX a L1 0 v 11 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 fl 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 O 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 fl subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same ii 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 r damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of IC7-7 (1) Lii 0 prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform tie 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 a a a 0 Li] a 0 I I I a Ii (1 I 1 C7-7 (2) a otherwise objectionable or neglectful in the proper fl 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. 0 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 11 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 flmaintained in a satisfactory, safe and efficient working u 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. n Nothing in these Contract Documents shall be construed as i„( prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: ua. 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 fl 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 D the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. fl Calendar Days shall be defined in Cl-1.24 and the Contractor may work as he so desires. C C7-7 (3) I I C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor 1 shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered YY 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 . I In adjusting the contract time for completion of work, consideration will be given to unforseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub -contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase fi order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. !� C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if C7-7 (4) I I. I 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 a-ll his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ -500,000 inclusive $ 210.00 I C7-7 (5) Iii LIJ $ 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. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered U by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. I 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) p n that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit dill be allowed. 1 I I ID B 0 Li U 0 0 U 0 a No reimbursement :shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing; giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council_ for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the owner. cJ C7-7 (7) i� 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. a 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. U f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any U 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. fi 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. I 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. I 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) II I. ID 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 Q 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 Q 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, fl 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 notic: from the owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or oth rwise under the provisions of this section, the Contractor shalt 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 Doc_uraent:s have C7-7 (9) n [I] 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 manner, at the if any, directed by 0 a Ei 0 0 I U Lii w LJ 0 the Owner and deliver in times, and to the extent, the Engineer J C7-7 (10) 0 I. I a. the fabricated or unfabricated party, 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 the contract which is in Contractor and in which the possession of the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the authorized disposition of which has been by the Engineer. Not later directed or than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted shall be • subject to ver_iEication by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more etensions 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 wai',7ed. I 07-7 (11) I 0 a 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) G equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. I I I I I IC7-7 (13) 1' 1 PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT 1 SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Ii Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be _ encountered during the prosecution of the work at any time t C8-8 (1) Eli Eli before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final U acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. fl 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 will be paid to the Contractor if the total contract amount is less than ]� $400,000, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the the time of the estimate have not been installed. (such payment will be allowed on a basis of 85% of the net invoice value thereof.) The Contractor shall furnish the Engineer such information as he may request to aid ,8-8 (2) g Li 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 11 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. flThe City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. [, C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been LI 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. aC8-8 (3) •a � � 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 the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and D C8-8 (4) 0 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, ►a 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. a I Li I IC8-8 (5) PART D - SPECIAL CONDITIONS TABLE OF CONTENTS U ITEM TABLE OF CONTENTS D-1 General D-2 Project Designation D-3 Right To Audit D-4 Project Signs D-5 City Furnished Materials D-6 Wage Rates D-7 Coordination with Fort Worth Water Department fl D-8 Dewatering U D-9 Crossing of Existing Utilities D-10 Existing Utilities fl D-11 Exploratory Excavations D-12 Test Holes D-13 Substitutions D-14 Concrete Sidewalk and Driveway Replacement D-15 Crushed Limestone Backfill D-16 -2:27 Concrete• IllD-17 Pavement Repair (E2-19) D-18 Pavement Repair in Parking Area D-19 D-20 Trench Safety System Sanitary Sewer Manholes D-21 Sanitary Sewer Services D-22 Removal, Salvage, and Abandonment of Existing Facilities D-23 Ductile -Iron and Gray -Iron Fittings D-24 Detectable Warning Tapes fl D-25 Minority/Women Business Enterprise Compliance a D-26 Connection of Existing Mains D-27 Deholes (Misc. Ext.) D-28 Concrete Encasement Qfl D-29 Connection to Existing Structures D-30 Bid Quantities (Misc. Ext.) D-31 Life of Contract (Misc. Ext.) D-32 Concrete Riprap D-33 Temporary Pavement Repair Q D-34 Interpretation and Preparation of Proposal D-35 Bonds (City Let Projects) D-36 Barricades, Warnings and Flagmen D-37 Disposal of Spoil/Fill Material D-38 Temporary Erosion, Sediment, and Water Pollution Control D-39 Hydro Mulch Seeding and Sodding D-40 Payment (Misc. Ext.) D-41 Determination and Initiation of Work (Misc. Repl.) D-42 Liquidated Damages 0 3 PART D - SPECIAL CONDITIONS TABLE OF CONTENTS ITEM TABLE OF CONTENTS D-43 Work Order Completion Time. (Misc. Repl) D-44 Move In Charges (Misc. Repl.) D-45 Workers' Compensation Insurance D-46 Trench Excavation, Backfill and Compaction D-47 Post -Construction Television Inspection of Sanitary Sewers D-48 Vacuum Testing of Sanitary Sewer Manholes D-49 Construction Time Restrictions D-50 Open Cutting Pavement D-51 PreConstruction Cleaning & Television Inspec. Of Sanitary Sewer Lines D-52 Emergency Job Move -In D-53 Easements and Permits D-54 Protection of Trees, Plants & Soils D-55 Project Clean-up 0 4.I PART D - SPECIAL CONDITIONS D-1 General: Subject to modifications as herein contained, the Fort Worth Water Department's General [J Contract Documents and Specifications, effective July 1, 1978, with the latest revisions are made a part of the Contract Documents for this project. The Plans, Special Conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturer's name, number or identification included therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Contract Documents. U 3. General Contract Documents and Specifications fl The following Special Conditions shall be applicable to this project and, shall govern over any conflicts with the General Contract Documents under the provisions stated above. D-2 Project Designation: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project Designations: I) Sewer Project Number fl Work to be performed under this contract will be at various locations throughout the City of Fort Worth. aD-3 Right To Audit: RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 U MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: f j "C8-8.14 RIGHT TO AUDIT: dJ (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 I.f D-1 E' directly pertinent books, documents, papers and records of the Contractor involving II 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, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine (j 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 J� provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice ci 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: a 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 9-18-96) 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 ofProject Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-5 City Furnished Materials: W For water projects, The City will furnish "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) and all water for initial cleaning and sterilization of water lines. All other materials for construction of the project, including water for compaction shall be furnished by the contractor. 0 0 :D-2 0 0 Eli 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 [3 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). 13 D-7 Coordination with Fort Worth Water Department: During the construction of this project, it will be necessary to deactivate, for a period of Ii time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. B .. D-8 Dewatering; The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor (T shall be responsible for damage of any -nature resulting from the dewatering operations. ll..�� The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the linear foot bid price of the pipe. D-9 Crossing of Existing Utilities: 13 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 ("t made water tight or be constructed of ductile iron pipe. The required length of U replacement shall be determined by the Engineer. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping flas specified in Material Standard E1-6 contained in the General Contract Documents. The U 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 [3' shall be a urethane or neoprene coupling A.S.T.M. C.-425 with series 300 Stainless Steel compression straps. 13 D-3 0 Payment for work such as backfill, fittings, tie-ins and all other associated appurtenants 11 required, shall be included in the linear foot price of appropriate bid item. D-10 Existing Utilities: The plans show the locations of all known surface and subsurface structures. However, II the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his construction operations. Contractor shall make all, necessary provisions for the support, U 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 fi construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION 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. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs, of their property that may be made necessary by performance of this contract. D-11 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 the 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 a D-4 0 Q El 0 0 0 ill a Q 0 El 0 D a 0 II considered to be included in the unit price bid for constructing of w er/sewer line or the associated structures. D-12 Test Holes: The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determinations by the use of test holes or other means, shall be left to the discretion -of such prospective bidders. The cost of the rock removal and other associated appurtenants, if required, shall be included in the linear foot bid price of the pipe. D-13 Substitutions: The specifications for materials set out the minimum standard of quality which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material which has been specified. Where the term "or equal," or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal," or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub -section as related to "Substitutions" shall be applicable to all sections of these specifications. _ D-14 Concrete Sidewalk and Driveway Replacement: At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000# concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. 0 D-5 a At locations where mains are required to be placed under existing curb and gutter, such 13 curb and gutter shall be replaced to match type and geometry of the removed curb and gutter and shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenants required, shall be included in the price bid. D-15 Crushed Limestone Backfill: [I Where specified on the plans or directed by the Engineer, crushed limestone shall be used for trench backfill on this project. The material shall conform to Transportation and Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 Materials and Division 2 Item 208.3 Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill of the General Contract Documents and Specifications. Payment for crushed limestone backfill inplace shall be made'at the unit price bid in the Ym .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. fi D-16 2:27 Concrete: II Transportation and Public Works Department typical Sections for Pavement and Trench Repair for Utility Cuts Fig's 1 through 5 refer to using 2:27 Concrete as base repair. Since this call -out includes the word "concrete", the consistent interpretation of the Transportation Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. With the exception of the cement content, all other requirement shall meet or exceed Transportation and Public Works Department standard specification Item 406 Class D Concrete. fl D-17 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 II D-6 ci 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. 1] 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. [1 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, : . j1 A permit must be obtained from the Department of Engineering's Permit Desk by the U 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-18 Pavement Repair in Parking Area: The unit price bid under appropriate BID ITEM(S) of the Proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with crushed limestone base material, compacted and level with the finished adjacent surface. fl This finished grade shall be maintained in a serviceable condition until the paving has been replaced. D-19 Trench Safety System: fi 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, Q D-7 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-20 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 D-8 0 be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract afl Documents and Specifications, unless amended or superseded by requirements of this Special Condition. 1. Concrete Collars: Concrete collars when indicated on the plans will be required as per Fig. 121. 2. Watertight Manhole Inserts: Watertight gasketed manhole inserts shall be installed in sanitary sewer manholes when indicated on the plans. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and Oinstalled according to the manufacturer's recommendations. 3. Lift -Holes: All lift holes shall be plugged with a precast concrete plug. The lift hole Qshall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. fill4. 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 abovefl ' the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than -three (3) feet each direction to existing finish grade of the ground. The grade UU of all surfaces shall be checked for proper slope and grade by string lining the entire area . regraded near the manhole. (J B. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. [1 5. Manhole Covers: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8 -inch gap abetween the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100 year flood plain and areas specifically designated on the plans. Certainteed Ductile Iron Manhole Lids and Frames are acceptable for use where Locking lids are specified. fl 6. Shallow Manholes: Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow manholes shall be built in accordance with Fig. 106 or per Fig. 103 but with a flat slab top (no 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. fi7. Manhole Steps: No Manhole steps are to be installed on any Sanitary Sewer Manhole. 'II D-9 ci 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 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 least five years. C. Installation of Joint Sealant: Each grade adjustment ring and manhole frame shall be sealed with the above specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly clean of dirt, sand, mud or other foreign matter. A primer shall be applied to all surfaces prior to 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. D-10 0 Li 0 It q Lii 0 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 finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. G. All exposed 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.. [1 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. C. Payment for concrete collars and watertight manhole inserts, if required, will be made separately, based on the appropriate bid items. LI a D-11 ci C D-21 Sanitary Sewer Services: 9 Any reconnection, relocation, replacement, or new sanitary sewer service shall be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured 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 jy tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6.15. 1. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees. The tap shall be located so as to line up with the fl service line and avoid any horizontal adjustment. All sanitary sewer service lines shall be replaced to the property line or easement line in alleys or easements, to the back of curb in streets, or.as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. 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. fl 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 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 involving the "tap" shall be included in the price bid for sanitary sewer service taps. 0 0 D-12 D Lt D-22 Removal, Salvage, and Abandonment of Existing Facilities: flAny 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 fl 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 fl Department warehouse by the contractor in accordance with Section E2-1.5 salvaging of IJ 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 ] accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material LL shall be suitable 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 U shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the Valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault the vault shall be demolished in place to a point no less than 18" below final grade. fl 5. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid J shall be abandoned by first closing the valve to the fully closed position and demolishing a D-13 U Ii the valve box in place to a point not less than 18 -inches below final grade. Concrete [J shall then be used as backfill material to match existing grade. 6. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall F) have the top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. ['1 J� 7. ABANDONMENT OF MANHOLES: Manholes to be demolished in place shall have all pipes entering or existing the structure plugged with lean concrete. Manholes tops or cone section shall be removed to the top of the full barrel diameter section or to point not less than 18 -inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. U 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 of the existing pipe is required. It shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants, and meter boxes shall be delivered to Water Department Field Operations, Storage Yard. (j 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 regardless of location. Payment will be made for salvaging, abandoning and/or removing of all other existing [J D D-14 0 0 facilities when said facility is not being replaced in the same trench, i.e., when removal requires a separate trenching operation. El D-23 Ductile -Iron and Gray -Iron Fittings: \ Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, O Fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: the first Paragraph shall be revised to read as follows: E2-7.11 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 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 El -13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie - fl 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-24 Detectable Warning Tapes: tapes which can be located from the surface b Detectable underground utility warning by a il pipe detector shall be installed directly above non-metallic water or sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems 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 color coded and imprinted with the message as follows: fl Type of Utility Color Code Legends Water Safety Blue Caution Buried Water Line Below QSewer 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, U 0 D-15 bedding, blocking, detectable tapes and all other associated appurtenances required shall be included in the linear foot price bid of the appropriate BID ITEM(S). D-25 Minority/Women Business Enterprise Compliance: Reference Part C (General Conditions),_ Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation, of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal,, state or local laws or ordinances relating to false. statements; further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. D-26 Connection of Existing Mains: The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify Mr. Joseph Gagliardi, Manager, Construction Services, Phone 871-7813, at least 48 -hours prior to the required shut down time. The Contractor's attention is directed to Paragraph C5-5.15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C - GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location, time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. D-16 0 0 D-27 Deholes (Misc. Ext.): 0 0 I Li I a 0 0 13 U a 0 ELI 0 El The Contractor excavates for existing water and/or sanitary sewer main as detailed by work order together with a sketch. The location and dimensions shown on the plans relative to other 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. It shall be the Contractor's 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 dehole process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities resulting from the Contractor's operations, shall be restored at his expense. Payment for work such as backfill and all other associated appurtenants required, shall be included in the price of the appropriate bid item. D-28 Concrete Encasement: Concrete encasement shall be Class 13 (1500 psi) concrete and for sewer line encasements shall,conform to Fig. 113; for water line encasements it shall conform to Fig. 20 of the General Contract Documents. Requirements for such encasement are specified in Sections E1-20 and E2-20 of the General Contract Documents. Payment for work such as forming, placing, and finishing including all labor, tools, equipment and material necessary to complete the work shall be included in the linear foot price bid for Concrete Encasement. D-29 Connection to Existing Structures: All connections between proposed and existing facilities, shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements of Section E1-20 and E2-20 of the General Contract Documents. Prior to concrete placement, a gasket, RAM-Nek or approved equal shall be installed around penetrating pipe. Payment for such work as connecting to existing facilities including all labor, tools, equipment, and material necessary to complete the work shall be included in the linear foot price of the appropriate pipe BID ITEM. a D-17 J D-30 Bid Quantities (Misc. Ext.): 0 Bid quantities of the various items in the Proposal are for bid comparison only and may not reflect the actual quantities (See General Conditions C2-2.2 and C4-4.3). Moreover, there is to be no limit on the variations between the estimated quantities shown and actual quantities performed. 1) D-31 Life of Contract (Misc. Ext.): a It is contemplated that Work Orders will be issued to the Contractor for work to be performed under this Contract for not to exceed 365calendar days following the date of the Contract nor to exceed the limit of the bid price, whichever should occur first. The Contractor shall be required to complete any work covered by a Work Order issued prior to that date of termination but will not be required to accept any work order for execution fl dated after that date of termination. If the cost of the work performed under this Contract is less than the limit of the bid price at the end of the 365 calendar day period, at the City's option and the Contractor's concurrence, the Project may be extended to the limit of the bid price.. D-32 Concrete Riprap: El 1 GENERAL: The following shall govern the furnishing and placing of concrete riprap as shown on the plans or as directed by the Engineer. 2 MATERIALS: Concrete for riprap shall be placed in accordance with the details and to "1,i }� the dimensions shown on the plans or as established by the Engineer. Unless otherwise shown on the plans, concrete riprap shall be reinforced using wire or bar reinforcement. [I The concrete shall be 3000 PSI at 28 days, Class A. Wire reinforcement shall be six (6) by six (6) inch No. 6 plain electric welded reinforcing fabric or its equal. A minimum lap of six (6) inches shall be used at all splices. At the edge of the riprap, the wire fabric shall not be less than one (1) inch, no more than three (3) 0 inches from the edge of the concrete and shall have no wire projecting beyond the last member parallel to the edge of the concrete. r throughout the placement to maintain its Reinforcement shall be supported properly g position equidistance from the top and bottom surface of the slab. If the slopes and bottom of the trench for toe walls are dry and not consolidated properly, the Engineer may require the entire area to be sprinkled, or sprinkled and consolidated before the concrete is placed. All surfaces shall be moist when concrete is placed. T D-18 0 After the concrete has been placed, compacted, and shaped to conform to the dimensions shown on the plans, and after it has set sufficiently to avoid slumping, the surface shall be finished with a wooden float to secure a reasonably smooth surface. 3. PAYMENT: Payment for concrete riprap in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used. Bid price will be full compensation for placing all materials, and for all labor, tools, equipment, and incidentals necessary to complete the work. Payment for all necessary excavation below natural ground, and bottom or slope of the excavated channel will be included in the bid price. D-33 Temporary Pavement Repair: The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2 -inch hot or 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-34 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 D-19 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-35 Bonds (City Let Projects): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1. Pg. C3-3(3); the paragraph after paragraph C3 -3.7d --Other Bonds should be revised to read: No surety will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties [Circular 870], or (2) the. surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one -tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited, or trusted to do business in Texas. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph a. COMPENSATION INSURANCE. 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph g. LOCAL AGENT FOR INSURANCE AND BONDING. D-36 Barricades, Warnings and Flagmen: Reference Part C - General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 0 I 0 I D 0 0 I 0 ci 0 0 ci ci 0 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-37 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. 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-38 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 0 D-21 by the Engineer as necessary to control soil erosion. Temporary pollution -control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution -control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right of way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil -erosion -control measures shall be performed as directed by the Engineer. The amount of surface area of erodible -earth material exposed at one time shall not exceed 750,000 square feet for each excavation operation, 750,000 square feet for each material source operation (other than from commercially operated sources), 750,000 square feet for each preparing of right-of- way operation or 750,000 square feet for each clearing and grubbing operation, unless otherwise shown on the plans or with prior approval by the Engineer in writing. The CONTRACTOR shall also conform to the following, practices and controls. All. labor, tools, equipment and incidentals to complete the work will not be paid for directly but shall be considered as subsidiary work to the various items included in the contract. (a). Waste or disposal areas and construction roads shall be located and constructed in a manner that will 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 D-22 0 0 0 0 I 0 0 0 0 r 1 0 ci 0 a ci 0 ci 0 and his plan to keep the area of erodible -earth material to a minimum. He shall also submit for acceptance his proposed method of soil -erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil -erosion control schedules and methods of operations have been reviewed and approved by the Engineer. 4. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. D-39 Hydro Mulch Seeding and Sodding: Any sodding or hydro mulching required will be done in accordance with Fort Worth Public Works Department Standard Specifications item 118 and 120. If intheopinion of the Engineer, additional seeding and/or sodding is required due to the Contractor's construction, this .will be seeded.and sodded at the expense of the Contractor. Payment for work and all associated appurtenantstequired, shall be included in the appropriate bid items(s). D-40 Payment (Misc. Ext.): Because of the unique nature of this project, C8-8.5 PARTIAL ESTIMATES AND RETAINAGE of the General Conditions shall not apply and shall be superseded by the following: (Please initial both pages included in change). "Whenever the improvements prescribed by an individual Work Order have been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time, perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will recommend acceptance of the extension under that particular Work Order and recommend payment therefore. If the Engineer finds that the work has not been completed as required, he shall so advise the Contractor in writing, furnishing him an itemized list of all known items which have not been completed or which are not in an acceptable condition. When the Contractor has corrected all such items, he shall again notify the Engineer that the improvements are ready for inspection, and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part I D-23 of the Contractor, an estimate showing the value of the work will be prepared by the 'Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the contractor after acceptance by the Water Department Director, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials under that Work Order have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual payment as aforesaid shall operate as and shall release the Owners from all claims or liabilities under the Contract for anything done or furnished or relating to the work under that Work Order or any act or neglect of said City relating to or connected with the Contract. The making of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter." Bidder's Initials D-41 Determination and Initiation of Work (Misc. Repl.): The Engineer shall determine and designate to the Contractor the location of the service mains requiring replacement by a Work Order together with a sketch for each such replacement, giving the limits, size and the nature of work required. Single or several work orders may be issued at one time. The Contractor shall initiate work on a replacement within 5 working days after receipt of the work order, and continue work on the replacement until it has been completed, not including paving. If the main replacement work load increases in volume wherein the Contractor has more than 20 calendar days work on hand, he will be required to add the necessary work crews to reduce the work load to a maximum of 20 calendar days. D-42 Liquidated Damages: The contractor shall pay liquidated damages of twenty-five dollars ($25.00) per day per work order, for failure to move in on the job within five (5) working days of the work order date. Failure to complete project within the stipulated construction time on the work order, the contractor will pay liquidated damages in the amount stipulated in these contract documents. D-24 D-43 Work Order Completion Time. (Misc. Repl): Should the contractor fail to complete an individual work order in the given amount of calendar days as specified on each individual work order, liquidated damage charges as prescribed in Part C - General Conditions C7-7.10 Time of Completion will be subtracted from the final pay estimate of that particular work order. The estimated amount for each particular work order will be used for determining the amount of damages charged per calendar day of time exceeding the specified amount. I] The first two paragraphs of Part C - General Conditions C7-7.10 Time Of Completion shall be replaced with the following: [1 The time of completion of each individual work order in an essential element of this contract. Each work order issued will have the maximum allowed number of calendar �J days allowed for the completion of that specific work. The number of calendar days specified will be calculated as follows: The total estimated cost for the specific work order divided by 2000 (rounded up) + 10 days = Number of ��jj Calendar Days allowed.for Construction of Individual Work Order. [] D-44. Move In Charges (Misc. Rep!.): When water and sewer work are required only the water move in fee will be paid. At no [] time will both fees be paid for one specific location. 0 D-45 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 11 law. No Notice to Proceed will be issued until the Contractor has complied with this section. 0 0 I 0 I 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: I D-25 [I] Certificate of coverage ("certificate"). A copy of a certificate of insurance, a a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the Project. Includes the time from the beginning of the work on the g g project until the contractor's/person's work on the project has been completed and accepted by the a City. Persons providing services on the project ("subcontractor" in section 406.096)- a 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. [1 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. [J 5. The contractor shall obtain from each person providing services on a project, and provide to the City: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and LI 11 D-26 El 0 0 (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 0 current certificate of coverage ends during the duration of the project. aproject 6. The contractor shall retain all required certificates of coverage for the duration of the and for one thereafter. year 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 f] 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. it to 9. The contractor shall contractually require each person with _whom contracts 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 arequirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; [1 (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 J] 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 a shown on the current certificate of coverage ends during the duration of the project; a(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 D(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 Ocertificate of coverage ends during the duration of the project; 0 0 D-27 (e) retain all required certificates of coverage on file for the duration of the project 0 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. 10.Y ,B 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 0 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. : o 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: 0 REQUIRED WORKER'S COMPENSATION COVERAGE working on this site or providing services related to "The law requires that each person 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". 0 0 D-28 El 0 "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 Qprovided the required coverage, or to report an employer's failure to provide coverage. QD-46 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 El -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 El -2.3, Type "C" or "D" Backfill, acid E2-2.11 Trench Backfill for additional requirements. When Type "C" back -fill material is not Qsuitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure(s) A -D 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: [I Size Sieve % Retained #16 0-20 �J #50 0-50 #100 60-95 D#200 90-100 (P.I. = 8 or less) D-29 0 0 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by means of tamping only. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by jetting, 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 is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. [J 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 U material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill-at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 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. D-47 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 final inspection. A satisfactory inspection is required before the project is considered complete. 0 B. Material: a 1. VHS format video cassette recording equipment and tapes are required for video taping. The television camera used for the inspection shall be specifically designed and constructed for such inspection and shall provide a color picture. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery 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. D-30 El u 0 0 a 0 0 ci I El El 2. Recording equipment shall be equipped with data recorder capable of the following: a. Date and time b. Footage c. Project name, contract number, contractor, and inspection firm d. Location, main/lateral number, and station number C. Execution: 1. The Contractor shall obtain the services of a qualified independent company to perform the television inspection. 2. The Contractor shall provide traffic control during inspection operations to maintain public traffic and safety of all personneL 3. The Contractor shall clean all construction debris, sand, and gravel from the sewer to be inspected. 4. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by -the improper use of inspection equipment. Any damage done during inspection shall be repaired by the Contractor. There shall be no additional payment for these repairs. 5. Internal Television Inspection D 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. Db. 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 aaddition, 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 U inspection equipment from the sewer system. a 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 main with no water flow. Sanitary sewage may be used to propel the camera if the 0 Umain 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. ii D-31 a a 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. [1 6. Viewing (1 a. The television inspection company shall provide facilities for the purpose of viewing the monitor while the inspection is in progress. Q 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 a 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 Jine shall be displayed. continuously during the inspection.. 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. jJ d. A typewritten report shall be provided with the video tape. Each run sheet shall identify the segment being televised, and the location of each service or defect with its appropriate clock position. e. Upon completion of the project, the Contractor shall provide to the City the 0 video tapes of each section of sewer line televised. D. Measurement and Payment O Payment for internal television inspection shall be paid at the contract price per linear foot of sewer pipe televised. Length shall be measured in place along the centerline of the pipe D D-32 El 0 0 0 0 a 0 0 0 0 I for each sewer segment. The contract price shall include all costs associated with internal television inspection, viewing, record logs, and cassette video tapes. D-48 Vacuum Testing of Sanitary Sewer Manholes: A. General: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. B. Execution: 1. 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 of 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. ci Height of Manhole (ft) 0' to 20' 20' to 22' 22' to 24' 24' to 26' 26' to 28' Li 28' to 30' For each additional 2' D 0 0 0 2. Acceptance: 48 -Inch Dia Manhole 40 sec 44 .sec 48 sec 52 sec 56 sec 1 min 4 sec 60 -Inch Dia Manhole 50 sec 55 sec I min I min 5 sec 1min10sec 1 min 15 see 5 sec 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. D-33 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. 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-49 Construction Time Restriction: Work shall not be performed on certain locations/streets during "peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provisions of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." D-50 Open Cutting Pavement: If the contractor encounters any situation which requires open cutting of pavement, they must notify George Behmenesh , Assistant Director, TPW, at 871-7914, forty-eight (48) hours prior to cutting pavement. D-51 Pre -construction Cleaning & Television Insp. 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. 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 stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. D-34 a Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in • such a way that a portion of the dam may be collapsed at any time during the cleaning 0 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 U public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. Ousing 3. CLEANING PROCEDURES: The designated sewer manhole sections shall be cleaned 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 O 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 o 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 D 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 a Contractor shall be responsible for the water meter and related charges for the set up, including the water usage bill. All expenses shall be considered incidental to cleaning. Q 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. 0 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 a from the site no less often than at the end of each workday and disposed of at no additional cost to the City. Under NO circumstances will the Contractor be allowed to accumulate debris, etc., on the site of work beyond the stated time, except in totally 1] enclosed containers and as approved by the Engineer. UNDER NO CIRCUMSTANCES SHALL SEWAGE OR SOLIDS REMOVED fl THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. fl 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. Q D-35 Eli The camera shall be operative in 100% humidity conditions. The camera, television Q 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. a 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, [I 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, of 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. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the II 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 [J 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, and 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. 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 D-36 0 J a 0 0 0 0 0 I I 0 0 0 0 0 0 a I a 0 and may be retained a maximum of 30 calendar days. Equipment shall be provided to the 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 lines 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. 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 evaluated 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-52 Emergency Situation, Job Move -In: The Owner or Engineer shall determine when an emergency situation shall exit. When an emergency situation is determined to exist, the contractor shall mobilize to the said 0 D-37 location within twenty-four (24) hours after given notification from the inspector or project manager. The contractor shall make all necessary arrangements for by-pass pumping, setting up barricades, notifying citizens, etc. while waiting for other utilities to be located as directed by the engineer. The contractor shall work continuously until the emergency work order has been completed at a time agreed to by the project manager, inspector, and contractor. After the emergency work order has been completed, there will be no additional "Job Move -In" charges paid to remobilize back to the previous locations site. D-53 Easements and Permits: Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements,_as contained herein, along with any special conditions that may have been imposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. D-54 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 defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. D-38 0 iJ 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 t1 when pruning paint is recommended. t�..11�l No separate payment will be made for any of the work involved for this item and all costs Qincurred will be considered a subsidiary cost of the project. D-55 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 OEngineer 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 a• 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%. o . . 0 a 0 a 0 I I D-39 U ci ID 0 GI a ci ci ci ci ID 0 ED 0 0 1] 11 ci ci CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFICATION HOURLY RATE AIR TOOL OPERATOR $9.00 ASPHALT RAKER 9.55 ASPHALT SHOVELER 8.80 BATCHING PLANT WEIGHER 11.51 CARPENTER 10.30 CONCRETE FINISHER -PAVING 10.50 CONCRETE FINISHER -STRUCTURES 9.83 CONCRETE RUBBER 8.84 ELECTRICIAN 15.37 FLAGGER 7.55 FORM BUILDER -STRUCTURES 9.83 FORM LINER -PAVING & CURB 9.00 FORM SETTER -PAVING & CURB 9.24 FORM SETTER -STRUCTURES 9.09 LABORER -COMMON 7.32 LABORER -UTILITY 8.94 MECHANIC 12.68 OILER 10.17 SERVICER 9.41 PAINTER -STRUCTURES 11.00 PIPE LAYER 8.98 BLASTER 11.50 ASPHALT DISTRIBUTOR OPERATOR 10.29 ASPHALT PAVING MACHINE 10.30 BROOM OR SWEEPER OPERATOR 8.72 BULLDOZER 10.74 CONCRETE CURING MACHINE 9.25 CONCRETE FINISHING MACHINE 11.13 CONCRETE PAVING JOINT MACHINE 10.42 CONCRETE PAVING JOINT SEALER . 9.00 CONCRETE PAVING SAW 10.39 CONCRETE PAVING SPREADER 10.50 SLIPFORM MACHINE OPERATOR 9.92 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 11.04 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.00 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 11.83 FRONT END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER 10.30 MOTOR GRADER OPERATOR FINE GRADE 11.97 MOTOR GRADER OPERATOR 10.96 PAVEMENT MARKING MACHINE 7.32 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 9.06 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 8.59 ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER 8.48 SCRAPER 9.63 TRACTOR -CRAWLER TYPE 10.58 TRACTOR -PNEUMATIC 9.15 TRAVELING MIXER 8.83 0 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFICATION HOURLY RATE WAGON -DRILL, BORING MACHINE 12.00 REINFORCING STEEL SETTER -PAVING 13.21 REINFORCING STEEL SETTER -STRUCTURES 13.31 STEEL WORKER -STRUCTURAL 14.80 SPREADER BOX OPERATOR 10.00 WORK ZONE BARRICADE 7.32 TRUCK DRIVER -SINGLE AXLE LIGHT 8.965 TRUCK DRIVER -SINGLE AXLE HEAVY 9.02 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 8.77 TRUCK DRIVER-LOWBOY/FLOAT 10.44 TRUCK DRIVER -TRANSIT MIX 9.47 TRUCK DRIVER -WINCH 9.00 VIBRATOR OPERATOR -HAND TYPE 7.32 WELDER 11.57 0 GENERAL CONSTRUCTION NOTES 1. Applicable design and details shall conform to 'General Contract Documents and Specifications for Water Department Projects" (GCD) effective July 1,1978, with the latest revisions. 2. All horizontal blocking, cradle blocking, and vertical Utie -down blocking to be in accordance with Fig..(s) 9, 10, and J 11 of the GCD. U U 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. 44 GCD. 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 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 LJ 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: ElFort Worth Water Department 871-8306 Fort Worth Transportation & Public Works Light and Signal Division ` 871-8100 Ej Lone Star Gas Company Metro (214) 263-3444 Texas Utility Service Company 336-2328 'Southwestern Bell Telephone Company Enterprise 9800 Western Union Cable Division (214) 939-1930 Sammons Cable T.V. 737-4731 6. Contractor shall verify the elevation, configuration, and fl angulation of existing line prior to construction of tie-in materials. Such verification shall be considered as subsidiary • cost of project and no additional compensation will be U. allowed. Elevation adjustments at connections be may made with bends, offsets, or joint deflections. All nonstandard bends shall be • made using the closest standard M.J. fittings with the • required joint deflections.(deflections not to exceed 0 0 • manufacturer's recommended deflection per joint) 7. Contractor shall keep at least one lane of traffic open at all times during construction and access to all places --of business and residence at all times. (reference C6-6.5 GCD) 8. No excavated materials, backfill materials, equipment, or supplies shall be stored within floodways or drainage easements. (reference C6-6.6 GCD) ..9. Trenches which lay outside existing or future pavements shall be backfilled above the top of the embedment with Type "C" backfill material. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B". material shall be used. All backfill material shall be compacted to a minimum of 90% proctor density by means of tamping only. Trenches which cross under 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 finished grade by utility contractor and adjusted by paving contractor in accordance with Fig. M of the special contract documents. Manhole inserts and concrete collars shall be installed where indicated on the plans per E-100-4 and Fig. 121 of the special contract documents; respectively. Standard tour 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. 13.All existing water.services shall be replaced with 1" minimum copper tubing unless alarger 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. EXCAVATION) BACKFILL AND PAVEMENT REPAIR UNDER EXISTING STREETS MIN. 2' HOT ❑R COLD MIX ASPHALT IST. STREET PAV : i: EXIST, BASE SAND MATERIAL - EMBEDMENT SEE SPEC. E1-2 TEMPORARY PAVING REPAIR SH❑WN - FOR PERMANENT PAVING REPAIR DETAILS SEE FIGURES 1-5 ❑R AS SPECIFIED IN THE PLANS ❑R SPECIFICATIONS. B❑TT❑M ❑F TEMP❑RARY ❑R PERMANENT PAVEMENT REPAIR s•- TYPE C BACKFILL' SEE SPEC. E1-2 1'-6' MAXIMUM .,a MINIMUM 6' SAND »� EMBEDMENT C❑VER NIMUM 6' EMBEDMENT * INCLUDED IN LINEAR F❑❑T BID PRICE ❑F PIPE FIGURE A (WATER SIZES UP T❑ & INCLUDING 12') NTS REV= MARCH 25, 1999 0 iI EXCAVATION, BACKFILL AND PAVEMENT a REPAIR UNDER EXISTING STREETS ci MIN. 2' HOT OR COLD MIX ASPHALT TEMPORARY PAVING REPAIR SHOWN - I F❑R PERMANENT PAVING REPAIR DETAIL EXIST. STREET PAVEMENT] I SEE FIGURES 1-5 OR AS SPECIFIED IN THE PLANS OR SPECIFICATIONS. 6' COMPACTED /� -BASE MATERIAL / // •\ BOTTOM OF TEMPORARY OR PERMANENT PAVEMENT REPAIR EXIST. BASE * SAND MATERIAL EMBEDMENT SEE SPEC. E1-2 ** 1) SEWER - MINIMUM 12' - SAND EMBEDMENT COVER 2) WATER - MINIMUM 6' SAND EMBEDMENT COVER MINIMUM 6' EMBEDMENT .44.•• *TYPE C BACKFILL SEE SPEC. E1-2 1'-6' MAXIMUM CRUSHED STONE SEE SPEC. E1-3 * INCLUDED IN LINEAR FOOT BID PRICE OF PIPE FIGURE (SEWER: ALL (WATER SIZES 16" NTS B SIZES) & LARGER) REV: MARCH 25, 1999 ,7 PR-❑P❑SED PAVED STREETS (BENEATH FUTURE PAVING ❑NLY) -TYPE B ❑R C BACKIFLL SEE SPEC. EI-2 I * SAND MATERIAL • .EMBEDMENT . SEE SPEC. E1-2 MINIMUM 6' SAND --.- EMBEDMENT C❑VER MINIMUM 6' EMBEDMENT * INCLUDED IN LINEAR F❑❑T BID PRICE ❑F PIPE FIGURE C (WATER SIZES UP TO & INCLUDING 12") NTS REV: MARCH 25, 1999 0 PROPOSED PAVED STREETS (BENEATH FUTURE PAVING ONLY) TYPE B OR C BACKIFLL SEE SPEC. E1-2 SAND MATERIAL-' `: EMBEDMENT SEE SPEC. E1-2 ' ' '' .r.. • 1) SEWER - MINIMUM 12' SAND EMBEDMENT COVER 2) WATER - MINIMUM 6' CRUSHED STONE :" } - SAND EMBEDMENT *COVER SEE SPEC. E1-3 MINIMUM 6' EMBEDMENT * INCLUDED IN LINEAR FOOT BID PRICE OF PIPE FIGURE (SEWER: ALL (WATER SIZES 16" NTS D SIZES) & LARGER) REV, MARCH 25, 1999 u CD a. a w EXISTING CURB EXIST CONC. 8 GUTTE PAVEMENT 2:27 CONCRETE EXIST BASE DITCH WALL (IF ANY) PROPOSED FACILITY INSTALLATION CLASS "A" REINFORCED CONCRETE PAVEMENT REPLACEMENT SAW CUT PIPE I NO.3 BARS ON 24" CENTERS BOTH WAYS WITH MIN.2 BARS LONGITUDINAL IN DITCH EXISTING CONC. EXISTING PAVEMENT CURB a GUTTER • O�'O„� U �1 p • 12 • ALL TRENCH BACKFILL SHALLLEXISTING BASE • MEET REQUIREMENTS FOR (IF ANY) ) • GRADATION &COMPACTION AS • SPECIFIED IN ITEM 402 OF THE • STANDARD SPECIFICATIONS FOR • CONSTRUCTION PUBLIC WORKS • DEPT., CITY OF FORT WORTH,TX. OR BACKFILL AS SPECIFIED IN SECTIONS EI-2 a E2-2 OF THE SPECIFICATIONS FOR WATER DEPT. PROJECTS FORT WORTH WATER DEPT., CIi'? OF FORT WORTH,TEXAS. k T = NO.I-REINFORCED CONCRETE PAVEMENT NO.2- IF STEEL EXISTS IN CONCRETE NO.3-REINFORCED CONCRETE PAVE - SHALL BE REPLACED TO ORIGINAL PAVEMENT TO BE CUT,THE STEEL SHALL MENT WILL BE REPLACED OVER DEPTH OR TO A MINIMUM DEPTH OF 5" BE CUT 8a SALVAGED AS POSSIBLE. A MIN- TRENCH,AS SHOWN, IN THE EVENT WHICHEVER IS GREATER. IMUM LAP SPLICE DISTANCE OF 12" NON -REINFORCED CONCRETE NO.4-..BEDDING OF PIPE TO MATCH SHALL BE PROVIDED. PAVEMENT IS REMOVED. ADJACENT SECTIONS OR SPECIFI- CATION IS GRE GREATER. TYPICAL S ECTION-TRENCH REPAIR P10.5-2:27 CONCRETE MAY BE DELETED IF HALF THE SPECIFIED CON CRETE PAVEMENT REV. -6-I-76 THICKNESS,9F 2:27 IS ADDED TO REV. -11-I-79 THE CLASS A CONCRETE. CITY OF FORT WORTH,TEXAS REV. -12-,5-80 FILE NO.C-3226 SRQNSPORTATION/PUBLIC WORKS REV. -8-30"82 REV.4-84 ENGINEERING DIVISION FIG.I w� a •6111 L•wtltWS+M. a tIt.CM . t nst+M CW1b ! WtttA . :• 1�1;. t*`;�.riQ(.�p 1i.M'1 s 1�'ii�a'1Cwy tltNt CHIC MLR ' t ' tf+it !w SAtt CLAtI'�-ARMMU$ ', 1 w 6/11 1 CMICKT* MM :. •••+• • ..•l•. i MCA t1A<L • • • 4 Iii? C t • Kt TK+KN •IrKt 1MKl w,RRf Rt•u•At"fat• rM •.SMI*TI.1i• AwN c moocre" At •rtClr+Rb 111 .ttM Mt M tot &?Awt&" i.cc. A- t.a.s C•MHT•YCTAM rr•L.c ww"• •crt.c/T? M r•iIt "Ito TI RA$ M •Mwrlll M grlC+4t• M KCTNIS (S'S MN t!•! I tnt •rtcHKA?/•+N 1.11 .Mfg• •tMAt- RENT r•fitcf'• NMI?N Wtw •TM •trt.ai� M ,4.t ,s5tN?[RAA. IMtNRS NMtJTV gt/T*tL*TIM J. gnat •t c.wc Rswf •1r0 Wt 4I► £AT1: a/ Tt u * 4I• STilt (lITS M COMMTR M�f`IItw1•Mt$ Cga1CMTt MN •twirMfM CULL Twt" stI[L WILL Of M/t/tt• M • WW%. I.M /t��`ALL, hA+tt AIHtott t••Mft'••+ML MI..MtM.ntt• IS TMt •i11ars P55(5?IS Kl "FILAOIS T• M16"VOL 04WIN MI 1r A ..-L.1J tt/TIO M $• SAM to •t• Lt « pet Alit. NKWt! AS •Mf• iwt1+C4 •'t/tR (Vtwt 5M• 11telrMtt•t�MC11tT[ tuMf +• •M1w.awl•1+1Iw ArIw*t? •t*tttt * SM.L MI .* wtlK*M N M SAIIIATRw. NtlML3 A "s a* M.iICR....• 1NTMICt M /t' •15.tR /IN�rM& 11RNMR•. M III M1L•tt. tawfnct M- KNAN r rwt'» PATCH MMRNf KttiMt ON frtQ/+cAHM Mt tlu+fl�M NO a• 2•!! COMCItti 11Ar••t •RLRTRO N NALV TIg $PCCWSIO-tW: t5t0/ i•!T IS CLASS A. CONCIItTt• M MM+t •TMN•LRt AC• IS INC K TYPICAL SECTION TRENCH' REPAIR 'A PHA T l3RFACE p R tNFORCEDgONCRETE AS cirr Of. ,Dnr ORrs Acv- t-1—rt Rev • N TRJ11tSpbK#fA`Y•jdW/PO4L/C WORKS OUT. stv-N-1-» :• f•-•: fll• t 3227 �•MfIJWCRA1ui r ••SIOAI +It+r••• [.. exist bast - It• Point COAT f TOM AtIS Mttfi 01TCM WALL —I ►ROPObts FAfT C1T INSTKLATIOM . ►IP1 NOTE S 1 COMPACTED CRYINtD 17001 •Alt. SHALL St 1115TAL1t0 A MINIMUM OP 0. .11.0WSOTTOM OF ASPHALT PAVRNIRT. 2. Bt00Rt. OF PIPI TO NATOH AOJACINT KCTIORI OR ,Ptas1CAT O0 ,0t. 1MICKVtP II WOOL S IRIM1Nt > ON MAJOR PROJ1CT*, TNt PROJtCT CNSRtt* OR 0(5*01* MAT (YA.UATS Till PULL WIDTH OF IRAT/I5 PINITAA TIN . MVINIRT Al TO CR11t11.CONXTICN$M LRT TO Ott NOTa 00.6 81LOw •— - • - — •• TNIRO COVR1t 1f00M0 COURT, OR !.• N. N.A. C t FIRST COURst __ V iy •i It• ALL TRIMCM •Acts►ILL •MALL Mtt t AtivIRlolwt• POR MAOATMA AA0 N► COACTIO1 AS SPICNKO lI $TIN IAt OP TOW $TAMSAR5 SPKIFICA- TIONS FOR COMOTRUCTION, PvSL!C wona$ olot Cl?? of FORT ROOT.. CR.L Tt*A1 OR RFAS IJ►EOFItO NI SECitONS t1.2 AND E £.2 Of TNt •PtCNICATIO*I POR WATER PtPRT• MINT ►AOJECTO FORT 00R1M WATER b(PT.CITT OF IORt•wo*TN. Tt7IAs. Ills?. SASS • PINITRAt10M P0,1010? RIPLACIN[AT COUP NO Mat•t AND' AMR OF APPLICATION. ASPOM.? ACS. -0 A0 ML. 0T OMAOI MO RATt OF APPLICATION. TORT I 1. 1• LA/s.T. S *C5 05$ GAL Si 4- /t LOIS.T 1 AC s • 0 20 SAL O.r 0 (Pat-CMtl N LSAT TYPICAL SECTION -TRENCH REPAIR PENETRATION PAVEMENT WITH SC FOR TEMPORARY REPAIR ONLY (REVISED 8/28/87). c/rr of foRr iroRrm Riv-.-I-Ts REV-11-1-Tf TRANSPORTATION/PUBLIC WORKS DEPARTMENT REv I2-13.00 REv••-30.52 Psi, No C-3230 EArI/MEEK%MI DIVISION RIV.•$-S•S3 _Iv.) .--..._- -. Ott "It 110.1 MOW •—•--. -.---••_—•�- 1 . tx4t. CURS • Au?T•R • •• THIRD COURSE STCONO COImlt OR t•N.M.A.C I MST COYRIt • , b / /MKF COAT • • • �•• .• •• `_.txllT eAlt =r: QMCrrjr .. .. •. • ••' . '•f •' • • •!fi 1AOtJ1T • . ?' ,I'tLATI0N "Pt NOTESI I. 227 CONCRETE SHALL St MSTALLED A MtNIMVM • • • • , OF A" OELOW •OTTOM OF ASPHALT ►AVEMENT. • ' 2. '000OR10 OF Pt/t TO MATOI ADJACENT ftCTfONl OR /FIOF1CAT10N IOt, WH1CMCYER a MORE $TRMSCNT- A ON MAJOR ►ROJCCTI, TNt PROJEC? ENO/NTTR OR Ot/LONER • • .• • •, • .. XD1tI$ ItMETRA IRS)? !VTilt t PULL WtOTM OP t • . , • TIN M tMt11T Al TO C104$4,CO1DITi0NAt Sll.ffr TO • •; WITHSTAND CONSTRUCTION LOAN. V APPROFRMTI, TNt FULL WIDTH OP SU RFACt SMALL •t REMOVED • RtPLACtO "'" "��" • WITH A►PROPRNTt T*IEATMENT TO lXtljMO NUI1 OR EUNRAOE MATtR1AL. IN THAI trtNT. 2 OF N.M.A. C• CAR Of SUBSTITUTED FOR tNt TNREt COURSE PINE? RATION PAVEMENT. ,IIe No C.32$O 11• ALL TxttNCN SACN►1LL •MALL Mttt SIMIM1MtMT0 /OR ONASATION AR. COWACTION Al •ItCMKS IN ITEM OOf 01 ?NE /?ANSAR• SF�CIFICA- TIONS ►OR C•NITRUCt0", FU•LIC WORK/ 01STi ClTT OT FOSt WORTH 7tIAS OR /SCKFAL AS SKO/It0 IN SECTIONS £1.2 MO t2•t OF _THE •►ECMICATION$ FOR WATER OtMAT- MtNT ►AOKC?I PORT WORtM WATER 0(11,cITT •F JONT WORT", TtxAO. ' PENETRATION FAvtWE0T R1►LAC11t?t •NAM Ab RATE 0► APPLtCAT10Rt•ASPNALT 01MOt AM URTt OF APPLICAT1011• !TONEAC• m • 0 10 DAL. S.T. 1 • S• LS./A.7ACS • 0 /• •AL. S.T 4 • t• L•//.T. 'AC • • 0 tS •AL. S.T. $t►Nt-COAT) f• LRAY. • TYPICAL SECTION- TRENCH REPAIR ICAL PENETRAT1OWN PaYEMENT WITH SOIL BA$E cirr Or or Iran TRANSPORTATION/PUBLIC WORKS DEPARTMENT l*MI/NttR/NS DIY/.!/ON Rtv-•-1-TO REV-,-12BO(O.ES) I(41 -1-T4 RE v.• I2 -M-•0 Rtv-0.30.09 ,N. S Rers-••) I1.w!.) V' C0HCAITI DASt DITCH WALL - MO OA05 00 ta0 CtNT(AS gOTH OATS WITH rill 2 SAAS t0MSItVOIMAt In DITCH ... ...� _�_._....II _. tRIaT SRICN C-- TINT. to 2.2 T CoNCAIIt ALL ?R(MCM OACRr1tt SM•tt aft' RT0UINTMCRTS ►0R GOAD•TI04 AND C0INACTI0M AS SP(CMR0 M ITtM dot OF TMt S?AMDARS s.tC.►ICA• TI0RS Pon C0MITRUCTI0~. UDtIC Ti0RRS *tot.clly Or *one OORTM SeCT OMS [�_ M £2.2 OP T t IM Mao/tCTs. r0 twW0ATMt* (11 el DtPt.C,T• of ►0AT .00TH. ramA: *vo ►ACK/ty IIHTAttals" /IoT (S' NO I• C0NC ITT A•st WILL St 0tft•CtD not • I +Teal CRIlTs IN C0IICRtTL SAW 1►I ! •tlrro0CtS t000Rttt east 1051 CUT. MMt STtta SHALL *Ila ftwtOtAtc'0 AS sn. TO QAISM1Al ot5TM 00f0* rM11• SI tVt AND SAavASID •t H0$S.Si, oven Tilt tntA�CM/R+eve , TMt yINT MUM ot►tM or S a MR11WUM LA►$DLICt OllYADOI....- ...-.•". nos. A1IM/ORtt0 cowcAtit east 0► It"Ttltt It PIOVMtO. is RtNOvt0 LIDS. KDOIIM Or Me TO IMT'CM AOJACC T M0.e-l1St CONCwl _ Mf K OtUM N NAT/ TM 1 W"M TMC1tIRM SeCTIOMs 00 s►tt1►1CATION 402. MMICMtvtR Or tit? » ADO TO TIM CLASS VC011C Tt. Is Mon 210" SIT. A. •Gut It. • tits? couCRt.'1 SASC L t11sT Sus SAst 11► ANTI no a • £NOTfIO MIC• II 4.t K R[Y0WD . CARQ►KLT To AVOO O►A1AC[ OAm.AKO ' «TICS IS TO St AI►tACID WITH ur- OAMAKO MICR TS MATCH ADJAC[ML. DRICA TYPICA S TIO� TRENCH R PARR TYPICAL BRICK SURFACE a REINFORCED CONCRETE BASE _ .. cirr or fowr wORr/v Rev. s.I_T* TRANSPORTATION/PU$LIC WORKS DEPT. Rev. 12.1,.•1 irAWffEFR/N` O/Y/S/ON . w v.f•�lo•At f/� ,� ill. N�_c •_ __ ..... _ _ _ . .. . _—R�Y�_�tw w •� Y lv=iiV=tjysMw • Si�'•w��F;vv`y I �ti• w �• v' �p�►i!t r: } ��v=e.s v ~�o�w~tea o 1• I LiJL .• I. J4 • 7 a V Z ♦♦MAA %ta Il H. : • ••.•' off U•• - ~�� <� v }w ! 2 �� � d M • Yo '►.Y Y 'O' f �� w N—'_.i or 1 w - v�• Y� • w• i •`V � N tea• 2V •e e e e Addendum 3 389e r1 uo!lonalsuOO +7l -Z3 8Lt l e i as 1 eW ti 1- l 3 (v.�►oyS •' Pd °iJ do pal . 77'O///YP`Y O YD'c7, 'P $ ✓a�vas ✓o,> ��P» s god✓a�+a.� moo,/ �'P» � 9p• ~ Vv ._L -- •rte:•`.:.:i: wI1y-9 /D/W4'?/' WV .".''i;t• L 114 -:--- •) .71/0,7 (# 000') "A2 �,J}norms • r, t V TI t A • v.Hoy _i. mil , pa..a66o) U */-Z- -w'a•� >oy a' pa✓qnv, ••rte; ` • 'i , 0 .8��A7Ja u, „9/ :�rv>aq„y/ �i�% j ,z,? e1/ �oap�aafd sq o,r J✓d $SP ap I9 __-__ •• U •.ro/DA✓�Wp ✓JJHa.9 5;„ass Aq Pa>1t7$v? ✓e1✓ow yi.�r ,tl�Gt✓6 srwrr *IZ.&T tslw�nbTrc � osExcRo - FRAME a COVER T V. I. &, S. PATTERN N.O. 101 OR EGLUAL. 'q Li:ff1L.H NOTES 1. Shallow manhole to be constructed of Class "F" (4000#) concrete (Ref. E2-14) or of precast cone with Standard 300# manhole ring and cover. 2. Frame and cover as manufactured by McKinley Iron Works, No. PM 24X40 or equal, may be adjusted for elevation on•a maximum of four (4) courses brick in paved streets, or areas to be paved; minimum of two (2) courses •in other areas. TOP PLAN VIEW OF 24" X 40" M.H. DETAIL OF SHALLOW _SANITARY SEWER MANHOLE FIGURE 106 E 1-14 Material 1-1-78 E 2-14 Construction 0 (here M.H.'s are in street Where M.H.'s are built Install two or more courses of in streets to be paved, fl'rick•or concrete grade rings M.H. rim to be set to ttween casting and top of brick proposed paving grade cone, or concrete slab. Use standard McKinley, f� No.' A24 AM, or U Equal M.H. Frame d Cover 1l11�11►1`� � 1t ;_.1111�U1�IIt . .:i 2 -0Set In Mortar Y4 Use Cast Iron Pipe to jFirst Joint Behind ULimit of Excavation install M.H. Stec Same as in Stanch M.H. 14i1 1 . 211 3" u 4 . 1111 nrt-,_ -ttTnl nn: _ .. ftonc. Collar tut 0 n1 of ULimi.t Excavation Ill Q 1!t t ci tit U1 f • tlt t flrhrust Block (ILL to Extend 6" In All Directions from Outside Diameter of Pipe 0 13 11 -t-78 ron- Tee I III I t� L Oo ; 4-, 0 c 1Q If Required rovide Cl I Stub Extension At `° _aTlof P.E. In MH .. � L ______ -I rsP i"ii•' • T:-4. O $" -outed Invert Use 4000# Concrete — Push -on Plug Install Nuts Away from M.H. Wall on M.J. Fitting COR-TEN Bolts Concrete - See Standard 4' Dia. M. H. Detail Figure 103 Vertical to 3/4 Point of Pipe 4' dia. for sewer pipe up to 21" dia. 51 dia. for sewer pipe 21" to TYPICAL SECTION 39" ata. STANDARD FOUR FOOT DROP ACCESS MANHOLE FIGURE 107 E 1.14 Material E 2-14 Construction aSTREET a N DIRT 4.0' 8-f4 REBARS TYP.. - USE 3O00f CLASS / -�- -� A CONCRETE. -• CONC. COLLAR HEIGHT VARIES PVKT. PYMT. �`- 2 27. ♦ . CASE! CASE 2 • CASE! COLLAR SHALL EXTEND TO Top OF 227 CONCRETE CREBAR PEG.) CASE 2 #__' COLLAR SHALL EXTEND 3" BELOW BOTTOM OF L OJ'EST GRAVE RING (REBAR PEG.) 3_ TYP. A 4' CHAMFER TYP 4 LJ •�,��_ GROUND ri R.40 l � 6 MIN. RAM NECK • 3` 'MINIMUM L__. HEIGHT VARIES SECTION A 'II' 13 FIGURE 121 1:11 CONCRETE MANHOLE COLLAR fl DETAIL EI-20.21 MATERIAL • E2-20,21 CONSTRUCTION. 5/18/90 3/05/93 IF 4- - 0" in in M 1 11 - U IC') c) h L IT : .°:• W N M LL � ---o a •' M f Un 2'-O" • •N 0 ■ 1 'I = C L • U _ U M� 00 co N Z a. ii r N W to rn co CD O rr u� - .! U, tO N N 1. 0 Lii ii 0 0 ii NOTICE EL The following blank spaces in the Certificate of Insurance, Performance, Payment and l l Maintenance Bonds, and Contract are not to be filled in by the Bidder at the time of submitting his l proposal. These forms are included herein to familiarize the Bidder with such forms which the ., successful Bidder will be required to execute. a 0 0 a 0 0 0 0 0 a CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PS58_ 070580174850 WILLIAM J. SCHULTZ. INC.. DBA CIRCLE "C" CONSTRUCTION CON CTO By: 1a 4r d1v�' Title —1/-77 Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared i_)i 1 / i Gl m OA� known to me be the person whose name is subscribed to�thQQ for going instrument, and acknowledged to a that he executed the same as the act and deed of �tj13a 4sfI�a /-kzhyj .O _ for the purpose and consideration therein expressed and in the capacity therein stab d. C ; rJe t v r GIVEN UNDER MY HAND AND SEAL OF OFFICE this % / day of QG(n12 .19_. Notary Public in d for the State of Texas IILIIII CHULTZPUBLICTexas4-14-2000 BOND NO.: 5994573 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § aKNOW ALL MEN BY THESE PRESENTS: That we (1) WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY, a (2) Corporation of Texas, hereinafter called Principal, and (3) SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and a 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: **Six Hundred Fifty -Seven Thousand, Three Hundred Twenty -Five and No/100** a($657,325.00) 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, U executors, administrators and successors, jointly and severally, firmly by these presents. U THE CONDITION OF THIS OBLIGATION is such that Whexgas,tl cipal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of , A.D. 1999, a copy of which is hereto attached and made part hereof, for the construction of: Sanitary Sewer Main Replacements - Contract "99C", "MSR99C" designated as Project No.(s) PS58-070580174850; D.O.E. No. 2575 a copy of which contract is hereby attached, referred to and made 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". ONOW 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 LIany extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save LJ harmless the Owner from all cost 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. F-1 u PROVIDED FURTHER, that if any legal action be 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 U Iii 0 Iii 0 0 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 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 or to the specifications. IN WITNESS WHEREOF, this instrument is executed in 7 counterparts each one of which shall be deemed an original, this the day of , A.D., 1999. ATTEST: JUL 06 1999 WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY (SEAL) L.l ______ LI______ O ATTEST: a______ (SEAL) u 0 (Principal) Secretary Witness as to Principal (Address) (Surety) Secretary U Witness as to Surety Cynthia N. Klutts 234 Emma Street, Fort Worth, TX 76111 (DC -5/21/70) 0 (Address) RINCIPAL (4) BY: Willia J. Sc ltz, President P. O. Box 40328, Fort Worth, TX 76140 (Address) SAFECO INSURANCE COMPANY OF AMERICA Surety BY: (Attorney -h -Fact) (5 Sheryl A. Klutts Safeco Plaza, Seattle, WA 98185 (Address) NOTE: Date of Bond must not 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. F-2 El POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA S CCcO® SEATTLE, WASHINGTON 98185 a7I1�G No. 7498 KNOW ALL BY THESE PRESENTS: ElThat SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corroration does each hereby appoint * **JOHN A. MILLER; SHERYL A. KLUTTS; JOHN A. MILLER, II; K. R. HARVEY; Fort Worth, Texas****** El its true and lawful attorney(s)—in—fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company. thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 26th day of January 19 96 0 r, PFa:''+ fr_1FFIAFY DANP'. AN CERTIFICATE fl Extract from the By —Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice flPresident appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking flof the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. GOn any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By —Laws, and (ii) A copy of the power —of —attorney appointment, executed pursuant thereto, and (iii) Certifying that said power —of —attorney appointment is in full force and effect, he signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By —Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By —Laws, the Resolution and the Power of Attorney are still in full force and effect UIN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of , 19 S CE 00140 ` QaNCE C04fpq ' ((( SEAL a x R A PIEPS0N, SC CRE TA w sr9l 1953 4 r� 1923 `oa �0f WASN���' re of was , US-9741EP 1193 ® Registered trademark of SAFECO Corporation. BOND NO.: 5994573 PAYMENT BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY a (2) Corporation of Texas, hereinafter called Principal, and (3) SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of **Six Hundred Fifty -Seven Thousand, Three Hundred Twenty -Five and No/100** ($657,325.00) 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. r 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 dray of , A.D. 1999, a copy of which is hereto attached and made part hereof, for, a copy of which is hereto attached and made part hereof, for the construction of: Sanitary Sewer Main Replacements - Contract "99C", "MSR99C" I designated as Project No.(s) PS58-070580174850; D.O.E. No. 2575, a copy of which contract is hereto attached, referred to and made part hereof as fully and to the same extent as if copied at length L herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. THIS 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 F-3 7 H I [] I I I 0 L!j e U Li B 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 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 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 or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 7 counterparts each one of which shall be deemed an original, this the day of , A.D., 1999. ATTEST: JUL 061999 WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY (Principal) Secretary/ (SEAL) Witness as to Principal (Address) ATTEST: (Surety) Secretary (SEAL) U Witness as to Surety Cynthia N. Klutts 234 Emma St., Fort Worth, TX 76111 (DC -5/2 1/70) (Address) PRINCIP (4) BY: Willia J. SclpIftz, President P. O. Box 40328, Fort Worth, TX 76140 (Address) SAFECO INSURANCE COMPANY OF AMERICA Surety BY: (Attorri'ey-in-Fact) (5) Sheryl A. Klutts Safeco Plaza, Seattle, WA 98185 (Address) NOTE: Date of Bond must not 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. El F-4 ElPOWER SAFECO INSURANCE COMPANY OF AMERICA e GENERAL INSURANCE COMPANY OF AMERICA T® OF ATTORNEY SEAHOME OFFICE - WASHINGTON 98185 SAFECO No. 7498 KNOW ALL BY THESE PRESENTS: aThat SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation does each hereby appoint *"JOHN A. MILLER; SHERYL A. KLUTTS; JOHN A. MILLER, II; K. R. HARVEY; Fort Worth, Texas****** a Uits true and lawful attorney(s)—in—fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 26th day of January 19 96 0 A t,. ✓,er,ne. SrCAF -A'-v )P D rirl E AN PA _SID"NT CERTIFICATE Extract from the By —Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys —in —fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking LLLJJJ Uof the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, (that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By —Laws, and (ii) A copy of the power —of —attorney appointment, executed pursuant thereto, and (iii) Certifying that said power —of —attorney appointment is in full force and effect, Oth e signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, Dof hereby certify that the foregoing extracts of the By —Laws and of a Resolution of the Board of Directors of these corporations, and a Power of Attorney issued pursuant thereto, are true and correct, and that both the By —Laws, the Resolution and the Power of Attorney are still in full force and effect aN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of , 19 U. a SEAL .rr .1953 O� aTF OF WAS' fls-9741EP 1/93 �c'JQP�CE COMpgyO CORPORATE r W SEAL m X ltd 1923 `� e °J Wasa h�oA`�o R A PILPS0N, Sr GRE,TARY ® Registered trademark of SAFECO Corporation. BOND NO.: 5994573 MAINTENANCE BOND I THE STATE OF TEXAS COUNTY OF TARRANT § n KNOW ALL MEN BY THESE PRESENTS: That (1) WILLIAM J. SCHULTZ, INC., DBA Y CIRCLE "C" CONSTRUCTION COMPANY, as Principal, acting herein by and through (2) William J. Schultz, its duly authorized President and (3) SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and laws of the State, **Six Hundred Fifty -Seven Thousand, Three Hundred Twenty -Five and No/100** Dollars ($657,325.00), lawfully money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth, and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, ■ administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, dated v U L 0 $ 1999 for the performance of the following described public work and the construction of the following described public improvements: Sanitary Sewer Main Replacements - Contract "99C", "MSR99C" all of the same being referred to herein and in said contract as the Work and being designated as Project No.(s) PS58-070580174850; D.O.E. No. 2575; and said contract, including all of the specifications, n conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period of one (1) year after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of one (1) year; and WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary; and, F-5 I 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 as prescribed by said Contract. Li' 0 n n This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF this instrument is executed in 7 counterparts, each one of which shall be deemed an original, dated JUL 0 6 1999 ATTEST: Q (SEAL) O ATTEST: 1 (SEAL) ii El L r Ul (Prin ipal) Secrets Witness as to Principal (Address) (Surety) Secretary xe- Witness as to Surety Cynthia N. Klutts 234 Emma St., Fort Worth, TX 76111 (Address) F-6 WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY PRINCIPAL (4) BY: iWliianj.L Schultz P. O. Box 40328, Fort Worth, TX 76140 (Address) SAFECO INSU CE COMPANY OF AMERICA Surety BY: (Atto y -in -Fact) ) Sheryl A. Klutts Safeco Plaza, Seattle, WA 98185 (Address) NOTE: Date of Bond must not 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. POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE, WASHINGTON 98185 �7IV�GV�/ No. 7498 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation does each hereby appoint * **JOHN A. MILLER; SHERYL A. KLUTTS; JOHN A. MILLER, II; K. R. HARVEY; Fort Worth, Texas****** ci its true and lawful attorneys) —in —fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 0 I this 26th day of January , 19 96 . L Qpe_ .A A'Y ZAN')'.'LEAt. PAtiS",N) CERTIFICATE fl Extract from the By —Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice Rresident appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys —in —fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking flat the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, hat the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. GOn any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By —Laws, and (ii) A copy of the power —of —attorney appointment, executed pursuant thereto, and fl (iii) Certifying that said power —of —attorney appointment is in full force and effect, he signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof." I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, Dof hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IJN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation D ����CC CO.�pgy` �� GnRPCRA O,r. o SEAL sl9J 1953 �o`, s R-974/EP W0. 1/93 c this day of , 19 yJQpNCE C04fo O CORPORATE 9 Sl✓AL (�( z� X o R A 'IERS0N SLG9 ARV \in/ ' �rd�P °f Vlasti�n°��o ® Registered trademark of SAFECO Corporation. 0 IMPORTANT NOTICE To obtain Information or make a complaint: You may call the company's toll -free telephone number for information or to make a complaint at rj 1-800- 472-4455 �j You may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or Ii complaints at 1-800-252-3439 You may write the Texas Department of insurance r{ P.O. Box 149104 Li Austin, TX 78714-9104 FAX # (512) 475-1771 0 0 0 0 I 0 I 0 0 0 AVISO IMPORTANTE Para obtener informacion o pars someter una queja:- Usted puede Ilamar al numero de telefono gratis do la companla pars Informacion o para someter una queja 1-800- 472-4455 Puede comunicarse con el Departamento de Seguros c Texas para obtener lnformaclon acerca de companias, coberturas, derechos o quejas ai 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS: SI tie dispute concerning your premium or about a claim you una disputa concerniente a su prima o a un reclarr should contact the agent or the company first. if the debe comunicarse con el agente o Ia companla prime, dispute Is not resolved, you may contact the Texas SI no se resuelve la disputa, puede entonc Department of Insurance. comunicarse con el Departamento do Seguros do Texa ATTACH THIS NOTICE TO YOUR POLICY: This notice Is for information only and does not become a part or condition of the attached document. Prescribed by the State Board of Insurance Effective May 1, 1992 UNA ESTE AVISO A SU POLIZA: Este aviso es si para proposito de Informacion y no so convlerte en pa o condicion del documento adjunto. Ordenado por el consejo Estatal de Directures Seguros, Effectivo eI 1 de Mayo 1992 0 PART G - CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into JUL 0 6 1999 by and between the City of Fort Worth, a home -rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY of the City of Fort Worth, County of Tarrant and State of Texas, Party of the Second Part, hereinafter termed "CONTRACTOR". WITNESSETH: That for and in consideration of payments and agreements hereinafter mentioned to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and complete certain improvements described as follows: Sanitary Sewer Main Replacements - Contract "99C" - "MSR99C" Project Numbers: PS58-070580174850; D.O.E. No. 2575 and all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other accessories and services necessary to compete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor of the Contract Documents hereto attached, including the Fort Worth Water Department General Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. G-1 The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the Proposal. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefore, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties of these presents have executed this Contract in 7 counterparts in the year and day first above written. u CITY OF FORT WORTH, TEXAS (Owner) Party of the First Part By: AJ Asst. City Manager CW (SEAL) Approved: -A JJ (.mss iQ_. A. Douglas Rademaker, P.E., Director Department of Engineering CW APPROVED AS TO FORM AND LEGALITY: 94 Gary Stein ger, Asst. City Attorney ATTEST: City Secretary Contract Authorization Date CONTRACTOR: WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY By: '/illhujtJ. Schultz Title: President City of Fort Worth, Texas "agor And Council Comm-lu"icati0o DATE REFERENCE NUMBER LOG NAME PAGE 7/6/99 **C-1 7521 30SEWER 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO WILLIAM J. SCHULTZ, INC., D/B/A CIRCLE "C" CONSTRUCTION COMPANY FOR SANITARY SEWER MAIN REPLACEMENTS, CONTRACT 99C RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $712,325 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $712,325 from available funds; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company, in the amount of $657,325 for the Sewer Main Replacements, Contract 99C. DISCUSSION: The work to be performed under this contract consists of replacing deteriorated sewer mains at various locations throughout the City which have exhibited recurring maintenance problems. The project was advertised for bid on April 29 and May 6, 1999. The following bid was received on May 20, 1999: BIDDER AMOUNT TIME OF COMPLETION William J. Schultz, Inc., d/b/a Circle "C" Construction Company $657,325 365 Calendar Days Staff believes that the reason only one bid was received for this project is due to the current workload for utility contractors. The bid has been reviewed by staff and it has been determined that the price bid is a reasonable price for the work to be completed. Circle "C", is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation. The City's goal for this project is 18%. The project is city-wide. In addition to the construction costs, $25,000 contingency is required for possible change orders, and $30,000 is required for design, inspection and survey services. City of Fort Worth, Texas • "agor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/6/99 **C-17521 30SEWER 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT -TO WILLIAM J. SCHULTZ, INC., D/B/A CIRCLE "C" CONSTRUCTION COMPANY FOR SANITARY SEWER MAIN REPLACEMENTS, CONTRACT 99C FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion .of recommendation 1, and the adoption of the attached appropriation ordinance, funds required will be available in the current capital budget, as appropriated, of the Sewer Capital Project Fund. MG:j Submitted for City Manager's Office by: Mike Groomer 6140 Originating Department Head: A. Douglas Rademaker 6157 Additional Information Contact: A. Douglas Rademaker 6157 FUND I ACCOUNT (to) 1&2)PS58 I 472045 3)PS58 I 541 AMOUNT 74850 1 $712,325.00 $712,325.00 CITY SECRETARY APPROVED CITY COUNCIL JUL S 1999 gum ,LJ City Secretary of the City of fort Worth. Texas Adopted Ordinance No. M5�