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Home My WebLink About025152 - Construction-Related - Contract - Ace Pipe Cleaning, Inc.D� �� L�' �� 0 � 0 0. , � �� D D� � Dr D 0 D, �. � � .� � CITY SECRETARY . � � � I� CONTRACT �NO . � `� � � SPECIAL CONTRACT DOCUMENTS FoR C/eaning Of Sanitary Sewer Mains 734, 272D & 272D �R Project No. PS46-070460140250 City of Fort Worth, Texas Apri/ �999 KENNETH BARR Ma yar 0 BOB TERRELL City Manager MIKE GROOMER Assistant City Manager LEE C. BRADLEY, JR., P.E. Directo� Water Department �,��\11,1 r,�5�� f F�x'�sl��r * .%*�.. .. . �.�r�, � MD SHAMSUL AREFtN � �.-os�.: � 83� `.o� i Q E +t�'�F.��••..... • �.�� ;.. RJN Group, Inc. Consulting Engineers 7524 Mosier View Court, Suite 110 Fort Worth, Texas 761 1 8-71 21 RJN No. 18-1490-01 �, �, � �� d Final 0 �� , �,�� A�, �� V�� Q�� o �� {. ��. ..�...tiy�.�. H' ADDENDUM NO. 1 ADDENDUM RELEASE BIDS TO BE RECEIVED CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 1 TO THE SPECIAL CONTRACT DOCUMENTS FOR CLEANING OF SANITARY SEWER MAINS 134, 272D 8� 272D1 R PROJECT NO. PS46-070460140250 DATE: MAY 11, 1999 : MAY 20, 1999 PART D — SPECIAL CONDITIONS D-57 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS �' hr .� � Reference Part C— General Conditions Delete Section C6-6.12 "CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS" in its entirety, and replace with the following: � "C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or s�its 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 anv such iniurv. damaqe or death is caused, in whole or in Qart, bv the neqliaence or alleqed neqliqence of Owner, its o�cers, servants, or emp/ovees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's o�cers, 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 anv such iniury or damaae is caused in whole or in part bv the neqlivence or alleqed neoliaence of Owner, its o�cers, servants or emplovees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract." 1 of 2 2. PART D— SPEClAL CONDITONS Add the following paragraphs with Item D-30 "WATER USAGE" on Page SC-12. "The amount of deposit for the fire hydrant meter is $9 000.00 (One Thousand Dollars). The Contractor is responsible to return the meter for reading on a monthly basis. Meter reading fee is applicable for this project, however, there will be no charge for water usage for the purpose of sewer line cleaning." 3. STANDARD DETAILS Delete Standard Detai! 13 "PROJECT SIGN, Figure 30" from Section E of the Contract Documents. Bidders shall acknowledge the receipt of this Addendum on #he Bid Proposal and on the outside of the sealed bid envelope. Md Shamsul Arefin, P.E. RJN Group, Inc. For the Fort Worth Water Department 2of2 � � � � � 0 � � a a � U 0 D � � a a D SPECIAL CONTRACT DOCUMENTS FoR C/eaning Of Sanitary Se wer Mains �34, 272D & 272D �R Project No. PS46-070460140250 City of Fort Worth, Texas APRIL 1999 I hereby state that these Contract Documents were prepared under my direct supervision and that I am �; cFuly Re��red Professional Engineer under the laws of the State of Texas. .� � ,-~�EOF TF�1l� ✓*S�P. • -I',q�,��: r * : . . . �. . . . •. � �� N1D St�Ah9��li. AR��6�1 � / ��-o ,. . . 85�67 . . . ; . g •� q : �t, ��;o,�:c 5��p • ��a` � ��q�,�. r�i O��e� a MD SHAMSUL AREFIN Date: �' I� 919 9 Registration No. 83867 � � � ` � � I� I� � � i� � � � � � � � � CITY OF FORT WORTH, TEXAS WATER DEPARTMENT C/eaning Of Sanitary Se wer Mains �34, 272D & 272D �R Project No. PS46-070460140250 APRIL 1999 BOB TERRELL CITY MANAGER MIKE GROOMER ASSISTANT CITY MANAGER APPROVED � �� . Lee C Bradley, Jr., P. E., Director � Water Department � � �"!L 1 " S. Frank Crumb, P. E., Engineering Coordinator Water Department � a a a D Q � � 0 � � � a � � � 0 0 0 TABLE OF CONTENTS SPECIAL CONTRACT DOCUMENTS FOR Cleaning of Sanitary Sewer Mains 134, 272D & 272D1 R Title Notice to Bidders Special Instructions to Bidders Proposal M/WBE Specifications MNVBE Compliance Forms General Conditions Supplementary Conditions Special Conditions Specifications Standard Details Insurance and Bond Forms Contract Exhibit B- Listing of Lines to be Cleaned Exhibit A - Map * Part has individual Table of Contents Part A A B B1 B1 C* SC1 D* E E F G H Back Folder PART A u 0 NOTICE TO BIDDERS D Sealed proposals for furnishing of all labor, materials and equipment necessary for normal cleaning and heavy cleaning of approximately 15,338 LF of sanitary sewers, and associated manholes designated as: Cleaning of Sanitary Sewer Mains 134, rj 272D & 272D1 R in the Fort Worth, Texas, Fort Worth Water department Project No. f� PS46-070460140250 � PHASE I: � � � PHASE I1: �! J I� I� '!J � � LJ � � Main 272D 1 R from Sta. 4+ 66 to Sta. M272D/253 + 94E Main 272D from Sta. 253 + 94E to Sta. 222 + 96 Main 134 from Sta. 131 + 38 to Sta. 79 + 46 from Sta. 131 + 38 to Sta. M-272D/202 + 45 Main 272D from Sta. 219 + 96 to Sta. 154 + 34 will be received until 1:30 p.m. on the date of the bid opening, at the Office of the Purchasing Manager, City of Fort Worth, located in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102. The Bids will be publicly opened and read aloud in the City Council Chambers at: 2:00 P.M., Thursday, Mav 20, 1999. Special Contract Documents, including plans and detailed specifications have been prepared for this project and may be obtained from the office of RJN Group, Inc., 7524 Mosier View Court, Suit 110, Fort Worth, Texas 76118. Special Contract Documents may be purchased for a non-refundable 525.00 per copy. General Contract Documents and Specifications for the Water Department Projects, dated January 1, 1978, with the latest revisions, also comprise a part of the Special Contract Documents for this project and may be obtained by paying a non-refundable fee of S 50.00 for each set, at the Engineering Service Division Office of the Fort Worth Water Department, 1000 Throckmorton Street, Fort Worth, Texas 76102. Pre- qualification according to the Fort Worth Water Department Special Instructions to Bidders is required. A pre-bid conference will be held at 2:00 P.M. on Thursday, Mav 6, 1999 in the Water Department Conference Room, Room 225, Fort Worth Municipal Building, 1000 Throckmorton, Fort Worth, Texas. aNTB (1) a Q � � D � � � � i� � � � � � � � � � NOTICE TO BIDDERS The City reserves the right to reject any and all bids and waive any and all irregularities. No bid may be withdrawn until the expiration of forty-five (45) days from the date the bids are received. For additional information, please contact Mr. MD Shamsul Arefin, P.E., of RJN Group, Inc., at (817)595-2199 or Mr. Liam Conlon, of the Fort Worth Water Department at (817)332-5474. Bob Terrell City Manager Gloria Pearson City Secretary Publication Date: Aaril 22, 1999 April 29, 1999 Fort Worth, Texas NTB (2) � � SPECIAL INSTRUCTION TO BIDDERS (WATER DEPARTMENT) � 1. PREQUALIFICATION REQLIIREMENT: All contractors submitting bids are required to be prequalified by the Fort Worth Water department prior to submitting n bids. This prequalification process will establish a bid limit based on a technical � evaluation and financial analysis of the contractor. It is the bidder's responsibiliry to � � �) ►� I� � �� I�l I� '+!J � L�J L�! � � submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. (a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. �l)� (c) (d) (e) �fl ig) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the iirm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. 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. Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. 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. D -1- � � � � � � � � � � � � � � � � � � i 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 percent (5 %) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten K� 4. 5. 6. 7. 8. (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, or (2) the surety must have capital and surplus equal to ten (10) times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. BONDS: A performance bond and a payment bond each for one hundred percent (100%) of the contract price will be required, Reference C 3-3.7. 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. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. 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. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the City. -2- L�J ��' � � L;J 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan, or statutory requirement. Q Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify in solicitations or advertisements for employees to work on this contract, a � maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory LiJ I�I � �� I �� u ';l requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify, and hold City harmless against claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above reference 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 availabiliry, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state, and local laws conceming disability and will defend, indemnify, and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above reference laws concerning disability discrimination in the performance of this agreement. Q11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the � participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Of�ce of the Ciry Secretary. In order for a bid to be considered responsive the AFFIDAVIT QSTATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render � the bid non-responsive. In addition, the M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM, and GOOD FAITH EFFORT FORM ("Documentation"), as appropriate. The documentation must be submitted no later that 5:00 P.M., five (5) � u City business days after the bid opening date. The bidder shall obtain a receipt from -3- L�J CJ � �■J � LiJ �;� I�; 1= � I� �I LJ � � LJ � � � LJ the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Women Business Enterprise (WBE) on the contract and payment thereof. 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 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. -4- City of Fort Worth Minority and Women eusiness Enterprise Specifications ' � ► : • ► � : = • � : •� • -• if the total dollar value of the contract Is. SZ5,000 or more, the MIWBE goal is�appllcable. If the total dollar� value of the contract Is less than Sz5,000; the MM/HE goal Is not appifcabfe. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of ttie 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 directiy or indirecUy to the City. MNVBE PROJECT GOALS The Ciry's MBE/WBE goal on this project is 1 4 % of the base bid value of the contract � COMPLIANCE TO BID SPECIFICATIONS On City conVacts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by eitt�er of the following: 1. Meet or exceed the above stated MJWBE goal, or, 2. Gvod Faith Effort documentation, or; 3. Wafver documentation. SUBMITrAL OF REQUIRED DOCUMENTATION The applicable documents �� be received by tt�e Managing Departrnent, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form: 2. Prime Contractor Waiver Form: 3. Good Faith Effort Form: recefved by 5:00 p.m., ftve (5) C1ty business days after the bid opening date, exclusive af the bid opening date. recalved by 5:00 p.m., five (5) Cfty bualness days after the b{d opening date, exclustve of the bid opening date. received by 5:00 p.m., flve (5) C!ty business days after the bid opening date, exclusfve 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 questlons, please contact the N1/YVBE Offfce at (817) 871-&104. Rev. 6/2/98 � . .____... ..,._,... . ....,, � C4 of For� Worth Nlinarity and Women �usiness Enterprise Spec�cations tl � l� + :. � v F��E �iPE CLEAVI�IC, IVC. PRiM1E C�MAA1iY 4�M� i-T,x��rrT,r, (ir ,SAN�TARY S��'r�''? x'�?'VS pRCJ6C?hA�}� 1�4,�7.,D � 2i�J��: � Cii'Y'S hL'1�5E PRJJECI' GOAI.: 1 r u ,�0/99 81D OATE �'S 4'6-Uiil46J14Q250 ��:��C7 NUMa�R � :Yll1VBE PERCE,'r?ACE ACHIEV£A: _.._. Fa;(ura ta cornp!a:� thls fo; rn, in iis en4irat�l wlth supportin� documar�t�tion, and recaived by the M�na�tn9 Aepartmor�t . on ar hgso� 5:00 �.m. f(ve �5j Clty b�ts�ne�-s.d�y� Ait�r bict apertin�, �xelusive ci �id ap�rilnQ date, w1U r�ult ln th� bi�+ aaln� ca�s;da��d, nc�n�'a�pon�ivo t� �6� ap�clE3cyatiarts: . �. : ,. : , • . . � . . . ; ' . - .. 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T►+�S �� aM '�t,��,T R6 REC�lYE�] BY "t'F Mp,NAr1NC DEp�R'M�M" BY �•^�' p.;r,., FIV� (5} CIiY 8�'SINESS aAYS A�" 51.^- QpE.v'NG, E:?fCL�SlV� OF iHE 81CS UFG,•iING L'A i c .. . � R,�. crti�a pages 1 ar� 2 of A;tac.hm�nt 1A rttu�t t��r ra�aiveL 5y th�Mar,aging �epartment .. ..�,, .,.,.,� , .�,�1 . . . Ci�y of Fort Wc�rth Minarity and Wom�n Buslness Enterprise Specifications �BE��E��zAr,4� AY'I"ACHMENT 1A P�Qs 2 of Z Campau�y Nam�� Canast Nam�, I Gntned 8�clfy 9�I.Contt�ettltip� $�ci�y � lir�ts to b� � Galtut Aisqourst Addr�ss, sn4 T�I+rphdrt� No. � � : 9cop�•g�Wor4c �j. . � 3uppl�id('j � � . . � � �' ' �,. , . . • �� _ � � I ' •: �': . I I � � i I > � ! ! r, .� � i r Tha bidder furtfter agrse�� ta pravide, diroctty ta ttto Ci�j �c�Ocn nquf�t,, �m�le�a and �ccurat� information rega,rding !' ��al work par#a+�r�c+ by a!1 s�;b�or,tractara, Ira.iudin�g �1��} =n�.�cr �3�(sj asrxngem�nts su6mlttad with t�is bic. ` Tra biclder also agroe� to allaw a� audit artcllor�xam4c�aY�ar� of any beafs:s, �or�:� �nd flias hald �y th•ir company th�� wfit �ubst3�ttiate ttto a�tu�af w�tic perfarme�cl by tl�e 1�18��a) a�d/o� ��E{sj at� ti;�a attntract� by art authar�zad anlcer or ;�rn��nyne of tha, Clty. Aay lntsntfvna! andlor knowiMQ mi�apr��erttat!�:n of faicros �i{I be �roun4s fdr ttrm'srta�n� the ' cor.tract or debamten! from C1ty �ack fb� a p��i�d a� t�at l�ss ttt�n tht�e t3) y��rs ��d for lnitl�tirf� actlon ur.c�e� �ederal; Sta:e or I„t�ca( laws concernYn� f�lsa statem�ents, Any f�ilura t� carnniy tiaiit� thla ordinanca anrl ct�atax a maieri�l I�r�aoh of contract may �sult in x ctetsmri�adon af an !n'asp�fi�ib;e ofi�rof ��d ��rrracf from par7lcipatEny !n City w�ck fot a perlod of tf�rte not te�s ih�n ona (9 j year, A arrd WBFs MUST 8E C�Ri1F(ED k�Y Ti�{� �, iY ��FC�i� CONTRACY A1NARn � / T{ � �i(. / P.'1T'RICK M. B ��;ti'� � Authori��d gl nature 9 �rifltad S(gnature PVY�;� PR-,5IDENT , rtle ��u Cantact Nama arid i'ltta (if diffvrent) ACE PTP� CLI;AVING, T\C, ra�F7 �n�,7 ai � Company Nam4 Telephone lVumper�s) "ROQ TRTJT{AM ROAD �8?6; ?41-5054 Addrsss � FdX N�cMbd�r ' I;A�SAS GTTYy HC 64�.2? 5�� c,� ' Cfry/Stata2lp Code Oate �, . . TNlS PaRM �,i BE R�CEryE.A �Y 7'HE MAN,�GfryG OEPI4RTMEN7 BY 5�0�1 p,m., F(�lE ?5? G;TY Sl1SilVESS DAYS AFT�R BID 1 OPENlN�;, �,YCLUSIIlEO� ;'i:= SiD OP�OiVC� �ATE: � . Rw. 6�?!Sm � Pages 1 artd 2 0! A;tacymar;t tA mu�t ba rnceivad b� tts� �Yfan��ing Dspartmrnt ..a�.�+.rn •�w�w� �. �1�'1� � � . . � ; � ,. . . .. , , ";;�:��, ,-"'�:'�,', . . . .. , , : .., ' ' . ' .` I '1h . ' ..J.' 1 . � 1 nJ � a . . , .. . . , . .v.�. . •. . . . . .1 .G... . ........r ..t-�' . � nn _ . . . � . . ' l .. .� . ..- r. . ' , ATTACHMENT 18 Pas� 1 of 1 City af Fort 1Mvrth 1�irorifiy and Women Husiness Enterprise 5pecifications Pr«e �n�r��cor wa'�ver t10E pIPE CLE�:VTNG, x�C. � CL:.�..RIl�iG 0� SANI".'ARY SE�YER MaTNS F'rime Ccmpac�y Narra Pr�ject Nams 1`'� ,� I L U G �: L J11�. 5/zo/9s �s ��-��c4E�lao:sn _ �31d Opening �3ate Projact Num�ar :�; : : ��-,;�-�-_�- : V�ilt.yau p�rforrn,�ltis antir� Gontr�ct witho�,�t �u3��antrartars? Ye� 1;,�Nn ��.,=�,,. If yes; '�1Q�sa�provitie a del�ii�d �x�lanatf�tr tiat pr�vg� b3sed �tt tha slze and $cape af,K`�`�';�� . this pr�jec�. this is your norrnal b�sinass p�-actice an� �Sravids an opere!ia�tat profil� of �'-'�A�� . ... your business. . . Y+ItIS �ou perfosm ttYis er,:,re cat�tract withaut sup�lisrsry Yas „�Nn iffy�s, plaase provide � r�etalla� expianatl�n �hat pro4�� as�d �n ttra six� ar,�! gcope �f tni� pr'a�ect, ttti�. is yoc:r� normal �ausiness pr::�.:ic� a��? �rovide an frvr�ntory �rofil� Qf yo�r`1au�dn�ss. � • ' "ttta hfddar f�a�.t:ar� agrees t� �rod;�+e� direct!y '.� �i1a C�ty Jap�� requa��, �ompleta ar.d accurate lntafm:�tian ragz�ing actual work }��tfarr;�eC oy a!! su��n:r�ctors, inaludir,� M��(s) andlor WBE(s} on t�'�is �ontract, tti� p�yment tharetat-o �:�d ary ;,r��;nsed cnattges tn �h� crigina! M�3E(s) a;�d.io� W�� (s) srran�etne°�ts su�m�tted with �his bi�. 7h:� aiddar a�s�: agroes to aftcw an audit a�1dl4r exa�t�atlon of any books, racarcis and f'ies h�ld by th4i; compan,y that w?�I subst:�nti�ta the �ctual work per�arm�d by the Ma:(�} ardlcr ifd��ts) a•^ .hia cantra�t, by an auihorizect dtflcer nr a�;,pit�yaa oa the Ci;y. any inter�tl��a! and;or kr�v�;ing rr.'srs��bsentatie�t af facts w;fl be �rou�ds far t�rmirating tha cantract ar daharrrar.t fro.rr, C�ty wark i��r a�a�ifld of not Re��s than throe (3j yaa,-s ana far irr:tiating action undat� Fedaral, 5:�ts cr Lc:.�� la1+s .orn��rt�ing falss staiamenis. Any talEura to cntnp�y with this ordlnaRce nnti cre��os a mate;�tal t��axCh of cantract may result !� a detc�t�r�inaiian uf an irresponsibla orfaror and aarrou �r�m Pa-ticipa`.�ng in Clty w+ork f4r a p�ricd of tlme nct less than ona (1) year. �.�-�-Gf�� ---... Autt�orized Signature P.'?'T:�IC1 M. L�N.Oi4�V Printe� Signature vr,^,�� :�R��Tr,r-�rT Ti:le �c� r.tin�; s�,xa..,T,rc�, �'�r�_ Cornpany Name ��'lf!� ^'?"�,�,�.�r RnATI Acidte5s Autharizect Signatura Contac: Name {if diff�rent; r-',�; :�1.-2R91 Cantact Y?lephaitie Num�er (sj 'I'Sl.n` �d1-Si�S� Fax Numbar Company Name a.�, eruae ^�O \1^`7'1�'1 • U1'7S r..M...Y. tf bath answ9i�s ;G chis forrrt are "CS, S�,.ql�$ corr,pls�e A�TAC�fMI�'d?' 1C(G�a�d Faith E�foR Form). !�{1 q;183'idns ctt this forn'� ma�t bd �om�let�d a�d a dot�i��d flxplanat:on prcvlde�, if �pFlicabls. It' tha answer ta afther qarestlan i� FiC, than �ou trrust co,�piete A'�i'ACH�?�,NT 1 C. � hia form is only appilcabl� �f� artsvvers ar�yas. . ATTAC}iMENT 1 C P�p• 1 ot 3 city of Fort wo�tn Minority and Women Business Enterprise t�00a F�ITH E� E2T A.CE PTPE CLEA\'INC, IVC. 5/3Q/99 Prime Campany Name ��d Date CLE.�NTi1�G Ot SA��TAR`�' Sc�''1�P. rt4I\S Project N�me i 5 4, 6/ G iJ :T � i c!� 1. K v,4�-0"��En1�tn25C Project Numbsr �.tf.you, h=v�-t`�tf�ei: ta �ur�r ;i�UW� �w�c.y�orr.•�nr`�,;you.}�+sv��i��rtractJnQ �dfor, suppil+r. opgor�niti�s ar i� yaui�{4l�yYBE-p��ticirt�li�tisat7 th�:�C9:�s projict�c�idryo�s:my�.rompleta thts.l4�tm� ='':_ !f t�a bidder's methad af �ompl:ance vvit�t the i�!!4�lB� gaal is based upon damon�tratian o1` a "geod 1`alth efforY',. tha. �idder wtll fiaya the burden o� carrectiy ar�d acce,ratefy pr�paring and a�.��mitting th� dqcurnen�ids�rt requir�d by Ef�e �(ty. Complianc� w}th each item, 1 Shr.t 6 beiew�, sha�l ��t�sfy the Goor# Fa{ttt �fi`r�rt raqvlr�rnent a��:�onx prna� �P ftaud, 1Rtentfar�a� �ncilor k.novying misr�pra��ntatict� th� f�ctx pr int�r�3l�na! dlscr}�t�;inat�ott by the bidder. t.j Please Ilat eacli a.�d e+�ary aubco��itactJng andlor sUppllar cpperturlty ^ Q� Ftq!4151 whlct� Wilt he u�rrd Ir the c�amplet;ast of thi.� pr�jec� ragaraless of whethQr it is ta be pravfd�a by � MUWB� or non• MlWBE (Use additiena! sheots, !f necessaryj Li�t af: COi�S'"R'?CTIO�' . .. a.... � pRI�!'�IVC SeI�.Vi CE5 •�rve ��+�.A 4 �a1'1p n.... e�wmw .. ATTACNMENT 1C PwQ� � of 3 2) Old you abta�n a curtent l�st ot MlWt3� 1lrtns 4rar,� ttt� Ctry`x tMSlWHE Offlce7 The 1l�t Is cansld�red In compltance, tf it ls nat rtore than 3 rrtanttts a!d frnt� t!te dat9 af bid o�4r11ng. Y es X No qats of ListlnQ ! I ?.) ❑Id yqu aolicit bids frcm MrYYBE fr,rs, wi:hin the su�c�r,tract(ng ar,dlor suppllaf are=s pteWcusly listad, �t',east tan caler�d�r d�y. prfor ta b�d ;:penlnQ b� m�il, axclus�ve �t tt�e day cha bids aro o�ene�? K Ya� It yas, a:tacF h�J'NBE r.:�fi t"ssting tc I�c'uda n�m� of flrm ar.� addrass �r.d a�� Na copy af lerer mailed. 4.j 4�Id ycsu a�nll�i� btda isrrom �lV�AE tIrrris, wfti�6s� �!7o s:u�s��nk-ar.�drir aridlor s�1p+,�1ler �r��g previausly .•l��tad, at �eas!-tan c�lonciatda�� priar ts� b id a��nEne �y t�i�phars, �x�•luxi•�n at� t3�a day tha bids ara cp�ne�ci? , , • x Yes f` y�, at�xteh i€st ta !nslUd� ��f ir�^d�l�c flr�rn� aer�nn can�ctdd� : tdQ �r�ne numbnr �!�d � art� � o� Crsnt�t. ;;or ti�bi�"ci`«�irii� ;gtracrsta:c:.tt�e':anffre=lf�st4�atltt-con�{�{ianc� tr�th �W�3��c�th�ti� , '�ii'iiclaP�must.eaniac.t��Ce�st'kwcl-tfiicrls,of J �' :'wr N:��y �'Y.C/�'� :. � t " li2C�aKrt1�C�'.2'is ,%ft�',:-�ail��' '�"�'": r . . . , .. , , S.j Cld ya� pravide plan$ and spxifca:Eons t� pa�ent�al [4�'WBEs ct in�armatio� regarcing tite Incatiar� af p�ans and �pecitic�tiar,s in ssrder tn ass;3i tha �tMB�37 � Yes iv o .. 6.) 1t M.'Y18� bi�s we�e rscelved and rejecte�, y�u �usi: {1) Liwt tne �AlWHE ffrms and t�a reasan(s) for rejectlon ((.a., Cudtat(or, �ot .ommerc�aily r�ason�o,�, quaJiflcatlons, etc,) and (?.) Attach affdavlt ar.dlor documontation ta su�; ar: the raason(s) !isted bo�ow (i.a.. lettgrs, m�:rnos, bids, talephone calls, m�cings, etc.) (P�uat u�� adQJttonr! shNts Jf e+eesstry. aatl rft�cn.; Company Hama TalspP�on� Contact Fenart Scop� of Wvrlc � F�+r�rac�n f�r R@jaGSIQn —.�,,.� �__.-. �...�.... • �i..� -- � - . � --. - � _ ....._.�r. �,�., q�v AMi4«� ATTACHMENZ' 1C P�Q� 3 of 3 ADDiTIaLLAL IHFOR[uAT►aN• Pi�asa provid� addltianal Ir�fortnaticn yo� fea! w111 iurth�r ex�la;n ycur good and honest etfotts to obtatn �AItiVB� participat(on �r1 thla project, �rE _�� w�RKED NiTT� BRI�COE A:�D AL�'ri:4GP_�PF�ICS I�i TEi� P�ST Ov �T, WORTH P��:rECTS AN� LtID NCT �';?Si-3 TO CHAN�E. : Th� h(dder furihar� �ge:ee� t� �rovid+�� directly to the C1ty upnn r�c}ua�� complete and :'�. accearata Infont��ti�n r�g�t�ding :ctual wos�k perfornaed arr this cantract, the paymen�;; . : th$ro�' and any props��ci ch�ng�� ta th� or��S�a! aman�sments s�bmi#ted with tfiis bld.�; The bia€ie�-also �gra�s t�� liow� �rt au�l�� rrsftos~ex�;rsatinr� �f �ny b�oks,,rec�rds and:�'�� fifes hsld by the3� �c��'rtp�r�y that wrll� s�l�siaa�t3�l� x}ta a�tual wark perFarmeKi ort tl�1�''': Ge�tract� by �n autha�zed ofHc�r �c� �mp��y�e af the City. Ar�y In4�►ntionat ancilar icn�wing mi�re�r�s�nt�tlan •of facts wfli b� 8r4unds for tsr±r�is�a�ti�� th� co�tract or de6arttteni fx�m CFr� w�rk f�r a pe�i�d �f n�t less than three (3� yaars a�� for 3r�iiiat:�g ac��r� und�r� F�dc�r�l, �t�fe ar ��cal faw� co�nceming �fiats� �ta#�merts. Arty �il�sra tc� c�mpiy wiYtr 1�aBg c�rctin�cice and creatas a mateNad ��each af con�ra�t rrg�y re�ul� �a� a de�erminat3art a1F �rt ir�esp��sible offere� �nd harred from partiaipatfng ira Clty wnrk fnr a peri�d af time not les� �.han ane (�t) y�ar, The und�rsigtted certifies �tha* the ►rtformation provided and the M!'WB��s) listed w�slwere con#acted in gaod fait'�. �. is understeod that a�y M1WBE{�) Iisted irr l�ttachm�nt 1C wi1) �o contacied and the raa5�ns f�r nat �sir�� th�rn wiil be verified !�y the C' MlWH E O ca. ..1� . r.rT'�T�%' M �R�1G'�1 Authon,:ed Si�natura Printed 5ignature ^ tlTr� np�.cTT1FtiT ritle Contact Name anct 7it1e (if differentj �� ar��= �r�n�rrtir, T\�r Co�npany Nama � ��nn T'RTTM.1\T ��an Address K.4�TSA.S CLTY, P-i0 6��.2 i CltylStat�;Zip � �� <. n ��•.-•w�+ � �1�'74 a. � � 7�1 �1�-�R91 Tefaphone Number{a} iR�r]� 14�1.�J�S`�- Fax Number 5!2?/�9 Qata R�v. C�719� :., @ C � l■J � PART B - PROPOSAL (This proposal must not be removed from this book of Contract Documents.) TO: Bob Terrell City Manager Fort Worth, Texas � PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the cleaning and internal television inspections of various sanitary sewer facilities and construction of point repairs of O sanitary sewers �if such are determined by the Owner to be required) to provide a complete and serviceable project designated as: a � � PHASE I: � � � � � � C �` � L�J PHASE II: Cleaning of Sanitary Sewer Mains 134, 272D & 272D1 R Project No. PS46-070460140250 Main 272D 1 R from Sta. 4+ 66 to Sta. M272D/253 + 94E Main 272D from Sta. 253 + 94E to Sta. 222 + 96 Main 134 from Sta. 131 + 38 to Sta. 79 + 46 from Sta. 131 + 38 to Sta. M-272D/202 + 45 Main 272D from Sta. 219 + 96 to Sta. 154 + 34 Pursuant to the foregoing "Notice to Bidders," the undersigned Bidder, having thoroughly examined the Contract Documents, including maps, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the various sites 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 Water Department the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, and Payment 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: p B _, C' � L�J I�l PART B - PROPOSAL (This proposal must not be removed from this book of Contract Documents.) TO: Bob Terrell City Manager Fort Worth, Texas D PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the cleaning and internal television inspections of various sanitary sewer facilities and construction of point repairs of a sanitary sewers (if such are determined by the Owner to be required) to provide a complete and serviceable project designated as: a � � PHASE I: � � L■J � L�1 � � L�l � � PHASE II: Cleaning of Sanitary Sewer Mains 134, 272D & 272D 1 R Project No. PS46-070460140250 Main 272D 1 R from Sta. 4+ 66 to Sta. M272D/253 + 94E Main 272D from Sta. 253 + 94E to Sta. 222 + 96 Main 134 from Sta. 131 + 38 to Sta. 79 + 46 from Sta. 131 + 38 to Sta. M-272D/202 + 45 Main 272D from Sta. 219 + 96 to Sta. 154 + 34 Pursuant to the foregoing "Notice to Bidders," the undersigned Bidder, having thoroughly examined the Contract Documents, including maps, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the various sites 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 Water Department the City of Fort Worth, Texas; and binds himself upon acceptance of this Pr�posal to execute a contract and furnish an approved Performance Bond, and Payment 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: Q , B -1 O a � � � � � � � � � � O a 0 � a 0 � PAY ITEM 0 y � PWASE 1 APPROXIMATE DESCRIPTION OF ITEMS WITH QUANTITY BID PRICES WRITTEN IN WORDS 466 LF Post-Cleaning Internal Television Inspection 36" Diameter One Twentv-five 2 EA 24 Hours Dollars & Cents per LF UNIT AMOUNT PRICE BID $ 1.25 $ 582.50 By-Pass Pump Operation 12" Pump Three hundred Dollars & No Cents per EA By-Pass Pump Set-up 12" Pump One hundred No B-3 $ 300.00 $ 600.00 Dollars & Cents per HOUR S 100.00 $ 2,400.00 � 1 � � � 1 I i � � � � � � 1 � I � 'I PHASE I PAY ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID TOTAL AMOUNT BID (Phase 1) $ 25.428.60 (Forward Total to Page B— Summary) NOTE: 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 � � a � 0 D D a � � � a � a � � 0 � � � PAY ITEM 1 2 3 PHASE II i I I APPROXIMAT� DESCRIPTIqN OF ITEMS WITH UNIT QUANTITY BID PRICES�WRITTEN IN WORDS PRICE � : 5,192 LF Normal Cleaning 24" Diameter 6,562 LF 2,000 LF One Dollars & Twentv-five Cents per LF Heavy Cleaning 48" Diameter Five Twentv Dollars & Cents per LF Heavy Cleaning 24" Diameter Two Dollars & Seventv-five Cents per LF :� AMOUNT BID $ 1.25 $6,490.00 $ 5.20 $34,122.40 S 2.75 55,500.00 I � � � I � I � I ' � � � � � I � I '�I PHASE II PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 0 20 LF Normal Cleaning 10" Diameter 5 � 20 LF 5,192 LF One No Dollars & Cents per LF Post Cleaning Internal TV Inspection 10" Diameter � No Sixtv-five Dollars & Cents per LF Post Cleaning Internal TV Inspection 24" Diameter One Dollars & Twentv-five Cents per LF � $ 1.00 $ 20.00 $ 0.65 S 13.00 $ 1.25 $6,490.00 � � � � � I I I 1 � � 1 � � � � � 1 � PAY ITEM 7 0 0 PHASE II APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT (IUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 6,562 LF � EA 2 EA Post Cleaning Internal TV Inspection 48" Diameter One Dollars & Twentv-five Cents per LF Reverse Set-up, for Post Cleaning Internal TV Inspection 24" Diameter One Hundred Fiftv No Dollars & Cents per EA By-Pass Pump Set-up 12" Pump Three hundred Dollars & No Cents per EA :. $ 1.25 58.202.50 S 150.00 $ 750.00 S 300.00 S 600.00 � � � � � � � � � � � � II �� M �' I '� PHASE II PAY ITEM 10 APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 2 EA By-Pass Pump Set-up 8" Pump 11 24 Hours 12 24 Hours Three hundred Dollars & No Cents per EA By-Pass Pump Operation 12" Pump One hundred Dollars & No Cents per Hour By-Pass Pump Operation 8" Pump S 300.00 S 600.00 S 100.00 52,400.00 One hundred Dollars & No Cents per HOUR S 100.00 $2,400.00 L� � � � � � � � � � 1 1 � � � � � � � � 0 PAY ITEM 13 14 15 PHASE II APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID ��_1 10 LF 5 VF Point Repair 24" Diameter, 0' - 6' Depth, 0' - 10' Length Three Thousand No Dollars & Cents per EA 53,000.00 S 3,000.00 Point Repair 24" Diameter, Extra Length Eiahtv No Dollars & Cents per LF Point Repair 24" Diameter, Extra Depth, 6' - 1 1' Depth One hundred No :: Dollars & Cents per VF S 80.00 S 800.00 $ 100.00 S 500.00 0 0 Q � � � O Q O � a a � U � O 0 a O PAY ITEM 16 17 iE: PHASE II APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 5 VF 5 VF 5 VF Point Repair 24" Diameter, Extra Depth, 1 1'— 16' Depth Two hundred No Dollars & Cents per VF Point Repair 24" Diameter, Extra Depth, 16' — 21' Depth Two hundred Fiftv No Dollars & Cents per VF Point Repair 24" Diameter, Extra Depth, > 21 ' Depth Three hundred Fiftv No :• Dollars & Cents per VF $ 200.00 $1,000.00 S 250.00 S 1,250.00 $ 350.00 S 1,750.00 � M � � 1 � � � � � � � � � � � � I 1 PHASEII PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 19 40 LF Trench Safety, 5' — 10' Depth 20 21 Five Hundred No B-10 20 LF Five No Dollars & Cents per LF S 5.00 $ 200.00 Trench Safety, Greater Than 10' Depth Five No Dollars & Cents per LF $ 5.00 $ 100.00 2 EA Manhole Exposure (Manholes Buried more than 1" deep under paved areas and more than 12" deep under unpaved areas.) Dollars & Cents per EA $ 500.00 $1.500.00 PHASE II PAY ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID TOTAL AMOUNT BID (Phase II) S 77.687.90 (Forward Total to Page B— Summary) NOTE: 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. B-1 1 0 0 O a � 0 PHASE I OPHASE II OTOTAL BID AMOUNT 0 0 � � O 0 O � 0 a D PART B - PROPOSAL BID SUMMARY Cleaning of Sanitary Sewer Mains 134, 272D & 272D1 R S 25, 428.60 I $ 77. 687.90 5 103, 1 16.50 B-Summary �� PART B - PROPOSAL �Within ten (10) days after notification by the City, 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 this 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 Docume�ts and Ge�eral QSpecifications 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 emptoyment 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. � A L! (Complete A or B below, as applicable:) The principal place of business of our cornpany is in the State of ��6+.v�.t . 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. Nonresident bidders in the State of ►^��6W1� , our principal place of business, are not required to underbid resident �'j bidders. UB. The principal place of business of our company or our parent company or majority owner is in the State of Texas. DThis contract is issue�i by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Aci. All equipment and materials not consumed by or incorpbrated into the project construction, are subject to State sales taxes under house Bill 11, enacted August 15, 1992. The successful Bidder shall be 0 required to complete the attached Statement of Materials and Other Charges contractor at the time of executing the contract. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within: C Phase I- Forty Five (45) Calendar Days Phase II - Ninety (90) Calendar Days 0 after the beginning construction as set forth in the written order to be furnished by ihe Owner. This projeci is included in the Administrative Order issued by the U.S. Environmental Protection Agency, and contract completion within the above stipulated contract time will be strictly enforced. aI(we) acknowledged receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1(Initials) 1' �' �' ° Respectively submitted, � Addendum No. 2(Initials) CE p�i�F� � �(�{�(WG9 (�j� Addendum No. 3 ilnitials) �,,�E��'vl��/G Addendum No. 4 (Initials) By: O a a (SEAL) L�.'' ��'� �� Date: T;tie: Patrick M. Brown, Vic� President Address: 7//�(J �It•GVVvt6tn._ /C 0`�% ��ao �' � ; /�� /ZT Telephone: ` a ��/ 02 7 �'� � � / PART B - PROPOSAL PART C � � � � � � � Fp «. � � � � � C1-1 C1-1.1 C1-1.2 C1-1.3 C1-1.4 C1-1,5 C1-1.6 �1-1.7 C1-1.8 C1-1.9 C?-1.10 C1-1.11 C1-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1.29 C1-1.30 C1-1.31 C1-1.32 C2-2 C2-2.1 C2-2.2 C2-2.3 C2-2.4 C2-2.5 C2-2.6 PART C - GENERAL CONOITIONS TABLE OF CONTENTS NOVEMBER, l, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder Genezal Conditions Special Conditions Specifications Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City water Department Engineer Contractor Sureties Tne Work or Project �Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and l�lleys City Streets Roadway Gravel Street INTERPRETATION AND PREPARATION OF PROPOSAL Proposal Form Interpretation of Quantities Examination of Contzact Documents and Site Submitting of Proposal �•• Rejeccion of Proposals., Bid Security C1-1 (1) C1-1 (1) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 ( :c ) C1-1 (3) C1-1 (3) C1-1 ( J I C1-1 (3) C1-1 (�) C1-1 (3� C1-1 (3) C1-1 ( � ) C1-1 (�) C1-1 (4) C1-1 t4) C1-1 (4) C1-1 (4) C1-1 (4) C1-1 ( 4 ) ci-� ca� C1-1 (5) C1-1 (6) C1-1 (6) C1-1 (�) C1-1 ('� ) C1-1 (6) C1-1 (6) C2-2 (1) C2-2 tl) C2-2 (2) C2-2 (3) C2-2 (3) C2-2 (3) � (1) �� C2-2.7 Delivery of Proposal , C2-2.8 Withdrawing Proposals C2-2.9 Telegraphic Modification of Proposals C2-2.10 Public Opening of Proposal C2-2.11 Irregula: Proposals C2-2.12 Disqualification of Bidders C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3.2 Minority Business Enterp�ise Women-Owned Business Enterprise compliance C3-3.3 Equal Employment Provisions C3-3.4 withdrawal of Proposals C3-3.5 Award of Contract C3-3.6 Return of Proposal Securities C3-3.7 Bonds C3-3.8 Execution of Contract C3-3.9 Failure to Execute Contract C3-3.10 Beginning kork C3-3.11 Insurance C3-3.12 Contractor's Obligations C3-3.13 weekly Payroll C3-3.14 Contractor's Contract Administration C3-3.15 Venue C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4.2 Special Provisions C4-4.3 Increased or Oecreased Quantities C4-4.4 A1tPration of Contract Documents C4-4.5 Extra Work C4-4.6 Schedule of Operations C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C5-5 . CONTROL OF WORR AND MATERIALS CS-5.1 Authority of Engineer CS-5.2 Conformity with Plans � CS-5.3 Coordination of Contract Documents CS-5 ;4 Cooperation of Contractor CS-5.5 E;nergency and/or Rectification Work CS-5.6 Field Office CS-5.7 Construction Stakes CS-5.8 Authority and Duties of Inspectors CS-5.9 Inspection CS-5.10 Removal of Defective and Unauthorized CS-5.11 Substitute Materials or Equipment CS-5.12 Samples and Tests of Materials CS-5.13 Storage of Materials CS-5.14 Existing Structures and 1Jtiliti�es C5-5.15 Interruption of Service CS-5.16 Mutual Responsibility of Contractors CS-5.17 Cleanup C5-5.18 Final Inspection C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 ( S ) C3-3 (1) C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 (1) (1) (2) (2) (2) (2) (4) (4) (4) (4) (7) (7) (7) (8) C4-4 tl) C4-4 (1) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 (3) C4-4 (4) CS-5 C5-5 CS-5 CS-S CS-5 CS-5 CS-5 CS-5 CS-5 work CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-S CS-S (1) (1) (2) (2) (3) (3) t3) t4) (5)' (S) (5) (6) (6) (7) t7) (8) (8) c9f (2) � � � � '.� � L �J �� C6-6 C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-b.7 C6-6.8 C6-6.9 C6-6.10 C6-6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.11 C 7�•--� .12 C7-7.13 C7-7.14 C7-7.15 C7-7.16 C7-7. 17 C8-S C8-8.1 C8-8.2 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patente3 Devices, Materials and Processes Sa�itary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop weight, etc. Work Wirhin Easements Independent Contrac[or Contractor's Resoonsibility for Damage Claims Contractor's Claim for Damages Adjustment.of Relocation of Public . Utilities, Ptc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section of Portion of the Work Contractor's Responsibility fot Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax _ PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of ►�orkman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension by �ourt Order Temporary Suspension Termination of Contract due to National Emergency Suspension of Abandonment of the work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Onwer Safety Methods and Practices MEASUREMENT AND PAYMENT ,,. Measurement of Quantities Unit Prices (3) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (2) C6-6 (3) C6-6 (4) C6-6 (4) C6-6 (5) C6-6 (6) C6-6 (8) C6-6 (8) C6-6 (10) C6-6 ( l.0 ) C6-6 (10) C6-6 (I1) C6-6 ttl) C6-6 (11) C6-6 ( i.2 ) C6-6 t�t2) C6-6 (12) C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 (1) (1) (1) t2) i2) t3) (4) (4) (4) {5) (6) (6) C7-7 (7) c�-� c�� C7-7 ( 9 )' C7-7 (10) C7-7 (13) C8-8 (1) C8-8 (1) C8-8.3 C8-8.� C8-8.5 C8-8.6 C8-8.7 C8-8.8 CS-8.9 C8-8.10 C8-8.11 C8-8.12 C8-8.13 s Lump Sum � Scope of Payment Partial Estimates and Retainaqe Withholdinq Payment Final Acceptance Final Payment Adquacy of Desiqn General Guaranty Subsidiary Work Miscellaneous Placement of Material Record Documents � (4) C8-8 (1) C8-8 tl) C8-8 �2) C8-8 (3) C6-8 (3) CB-8 (3) C8-8 (4) CS-8 (4) C8-8 (5) C6-8 t5) C8-8 (5) � � ' �"" � PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS �,,, C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are � used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, � bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the �* General Contract Documents and the Special Contract Documents. a. GENERAL CONTRA�T DOCUMENTS: The General Contract �ocuments govern all Water Depart ment Projects and � include the following items: L'� � � PART A- NOTICE TO BIDDERS (Sample) White PART 8 - PROPOSAL (Sample) White PART C- GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Bzown .PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Ccntract Documents are prepared for each specific proj�ct as a supplement to the General Contract Documents and - - include the following items: P�►RT A- NOTICE TO BIDDERS (Advertisement) � above PART 8 - PROPOSAL (Bid) PART C - GENERAL CONDITIONS � PART D - SPECIAL COND=TIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS �" PART F - BONDS �� PART G - CONTRACT P4RT H- PLANS tUsually bound separately) � Same as �; C1-1 (1 1 ■V � C1-1.3 NOTICE TO BIDDERS: All of the leqal publications either actually published in public advertising mediums or furnished dir�ct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by th� Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, co�npany, association, corporation, acting directly or through a duly authorized representative, submitting a p=oposal 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 contr4et requirements which govern the performance of the work so that it will be cazried 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 wnich are necessary for the particular project covered by the Contract Documents and not specifically cov2red in the General Conditioas. When considered with the vener3l Conditions and other ele,nents of the Contract Documents they provide the information which the Contractor and Owner should have in order to qain a thorough knowledge of the��project. �1-1,8 SPECIFICATIONS: The Specifications is that section or part of the Contract Docunents which sets forth in detail th� requirements which must be met by all materials, construction, �aorkmanship, equipment and services in order to render�a completed and useful project. Whenever reference is made to standard speciEications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as thouqh they w2re embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) , �� 1 � � �J � 1 ' t � , 1 �� ' � , _`aithful performance of the contract and include the followi-.�: a. Performance Bond b. Payment Bond (see c. Maintenance Bond d. Proposal or Bid to Bi3ders, Part � � � (see paragraph paragraph fsee paragraph Security (see A and C2-2.6) C3-3.7a) C3-3.7C) C3-3.7b) Special Instructions C1-1.10 CONTRACT: The Contract is the formal signed agreement be�Ween the Owner and the Contractor covering the mutual under.standing of the two contracting parties about the project to be completed under the Contract Documents. �1-1.11 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, typ.ical �„ cross-sections, layout diagrams, working drawings, preliminary 3rawings and such supplemental drawings as the Owner may issue F to clarify other draWings or for the purpose of showinq change:; 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. � � � � � �1-1.12 CITY: The City of Fort worth, Texas, a municipal corooratio�, authorized and chartered under the Texas State Statutes, acti�g by and throuqh its governing body or its City Manger, each of Which is required by charter to perform specific duties. Responsibility for final enforcement of Contract� involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1 . 13 CITY COUNCIL: The duly elected and qualif ied governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorize3 � City Man�ger of the City of Fort �iorth, Texas, or his duly authorized representative. �"' C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort horth, Texas, or.his duly authorized representative. � � �1-1 (31 ` C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official oi the City of Fort worth, refe'rred to in the Charter as the City �ngineec, or hi� duly authorized representative. CI-1.18 DIRECTOR{ CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 �NGINEER: The Director of Public Works, the Director of the Fort worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, actinq within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, fiYm, association, or corporation, entering into a contract with the Owner for the execution of the work, actinq directly or through a duly authorized representative. A s�b-contractor is a person, firm, corpo:ation, or others under contract with the principal contractor, supplying labor and mat�rials or only labor, for work at the site of the project. C1-1.21 SURETIES: The CorporatP 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 ther2in. C1-1.22 THE WORK OR PROJECT: The completed work cont�mplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incide�tals necessary to produce a completed an3 serviceable project. C1-1.23 wORKING DAY: A Working day is defined as a calendar day,_s�t i�cluding �aturdays, Sundays, and legal holidays, in which the weather ot other conditions not under the control of the Contractor permit tne oerformance of the principal unit of wor'� for a period of not less than seven (7> hours between 7:00 a.m, and 6:00 p.m., with exceptions as permitted �n paragraph C7-7.6. C1-1.24 CALENDAR �AYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be prescribed by �he City Council of the City of Fort ob�ervance by City e�ployees as follows: observed as worth for C1-1 (4) V 1 � � � 1. 2. 3. 5. 6. 7. 8. 9. Naw Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Pourth Friday in November Christmas Day December 25 Such other days in lieu of holidays as the City Council may determine � When one of the above na:ned holidays or a special holiday is �' declared by the City Council, falls on Saturday, the holiday shall. be observed on the preceding Friday or if it falls on � Sunday, it shall be obsarved on the following Monday, by those employees working on working day operations. Employees workinq calendar day operations will consider the calendar � holiday as the holiday. C1-T..26 ABBREVIATIONS: Wherever the abbreviations defined h�rein appear in Contrac� Oocuments, the intent and meaning shalt be as follows: AASH'r0 - A:��rican Association of MGD � State Highway Transportation Officials ASCE - American Society of Civil cngineecs � LAW - L� Accocdance With ASTti! - American Society of Testing Materials � AW�TA - A�nerican �lat�r Works Association ASA - American Stan3ards Association �" HI - Hydraulic Institute As�h. - As�halt � ?1ve. - Avenue � Blvd. - Boulevard CI - Cast Iron CL - Center Line � GI _ Galvanized Iron Lin. Linear or Lineal lb. - Pound � MH - Manhole � Max. - Maximum � - Million Gallons Per Day CFS - Cubic Foot per Second [+Sin. - Minimum Mono.- Monolithic g - Percentum R - Radius I.p, - Iaside Diameter O.D. - Outside Diameter Elev.- Elevation F - Fahrenheit � - Centigrade In. - Inch . Ft. - Foot St. - Street CY - Cubic Yard Yd. - Yard SY - Square Yard L.F. - Linear Foot D.I. - Ductile Iron �' C1-1 ( S ) C1-1.27 CHANGE ORDER: A"Change Order" is a writteh sup�lemental 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 deczease is more than 25$ of the amount of the particulac item or items in the original proposal. All "Change Orders" shall be prepared by the City from infocmation as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the folloWinq types of wearing surfaces applied over the natural unimproved surface: 1. 2. 3. 4. 5. Any type of asphaltic co�crete with or without separate base material. Any type of asphalt surface treatment, not including an oiled surface, with or wit�out �eparate basz material. Brick, with or without separate base material. Concrete, with or without separate base material. Any co�nbination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys.' C1-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. - C1-1.31 ROADWAY: parallel lines two (4'I 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 C1-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any i:nprovement was made. � �l-1 (6) � � SECTION C - GENERAL CONDITIONS C2-2 INTrRPRETATION A*lD PREPARATi�N CF PR�POSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon �, which bid p:ices are requested. The Proposal form will state the Bidder's general understanding of the project to be ' � completed, provide a space for furnishing the amount of bid , security, and state the basis for entering into a formal ccntract. The Owner will furnish forms for the Bidder's � "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed �, with the Director of the City Water Department one week prior to the hour for openinq of bids. �„ The financial statement required shall have been prepared by ar. independent certified public acco�intant or an independent pcblic 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 mare 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 (108) percent of the estimated project cost will be �, required. — For an experiPnce record to be considered to be acceptable for a given project, it must reflect the experience of the firm � seekinq qualification in work of both the same nature and m�gnitude 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 , whic'h are �o 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 bidd�r shall schedule the equipmen= he has available for the project and state that he will rent suc'� additional equipment as may be required to complete the project on which he submits a bid. � . C2-2.2 INTERPRETATION OF QUANTI'TIES: The quantities of work and materials to be furnished as may be listed in the proposal � C2-2(1) � forms or other parts of the Contract Documents will be considered as approximate only and will be used for the ourpos2 of comparing bids on a uniform basis. Payment wi11 be made to the Contractor for only the 3ctual quantities of work performe� or materials furni�hed 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 suoply after promulgation of the forma•1 contract documents shall be issued in the form of written addenda and shall beco�ne part oE the Contract Documents just as though such addenda were actually written into the oriqinal 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 lacal conditions, to inform themselves by their own independent r�searr_h and i�vestigations, 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 difficultiPs of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda ther�to, shall be binding upon the Owner. Bidders shall rely exclu�ively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and completP information upon which the proposal is to be bas�d. 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 311owed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2c2) � � Owner nor the Engineer guarantee that the data shown is � represen;ative of conditions which actually exist. r2-2.4 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, � writ�en in ink in both words and numerals, for which he proposes to do the work contemplated or furnishe the materials requiced. All such prices shall be written legibly, In ca5e �" oE discrepancy between the price written in words and the ,� price written i� 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 a�sthorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be g:ven, and the proposal must be signed by a mzmber of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or c.rporation, the company or corporate name and business acldr�ss :nust be qiven, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power oF Attorney authorizinq aqents or others to sign proposal must be properly certified and must be in writinq 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, incomplet� bids, erasures, or irreqularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall bP returned to the Bidder unopened. �,, r2-2.6 BID SECURITY: No proposal will be considered unless it i� accompanied by a"Proposal Security" of the character ar.d � in the amount indicated in the "Notice to Bidders" and the . "Pr000sal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by w3y W of a guaranty that iF awarded the contract, the Bidder will within the required time execute a formal contract and Furnish a� the req�iired performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid �, security of all other bidders may be returned promptly after � the canvass of bids. � --, � C2-2(3) � C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his tepresentative in the official place of business as set forth in the "Notice to Bid3ers." It is the Hidder'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 3id��r mus� have the proposal actually delivered. Each �roposal 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 stiall be a3dressed 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 �oening proposals. A request for non-consideration of a propo5al must be made in writing, addressed to the City Manager, and filed with him priar 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 �, at the option of the Owner, be returned unooened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his pro�osal by telegraphic communication at any time prior to the time set Eor openinq pzoposals, provided such tele�raphic communication is received by the City Manager prior to the said proposal openinq time, and provided �urther, that the City Manager is sstisfied that a written and duly 3uthenticated 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 pruperly filed and For which no "Non-consideration Request" has 5eea received will be publicly opened and read aloud by the City Manager or his authorize3 representative at the time and olace indicated in the "Notice to Bidders." All proposals which have b�en 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 ooening of bids. �2-2.11 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 icregularities of any kind. However, the C2-2(4) � � R* Owner reserves the right to waive any and all irregularities , an3 to make the award of the contract to the best interest of the City. Tendering a proposal after the ciosing 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 iollowing reason: a. b. c. d. e. f. 9• h. �, Reasons for believing that collusion exists among bidders. Reas�nable grounds for believing that any bidder is interested in more than one proposal for work contemplated. The bidder beinq interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. The bidder beinq in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by the financiz�l statzment, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the fo�Zowing: 1. Financial Statement showing the financial condition af the bidder as specified in Part "A" - Speci3l Instructions. 2. A current experience record showing esoecial�y 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 oroject. The Bid Proposal of a bidder w'�o, in the judgment of the � Engineer, is disqualified under the requirements state�i herein, shall be set aside and not opened. � � � C2-2c5) � l PART C - GENERAL CONDITIONS C3-3 AW„RD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: �, C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the � basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other ` methods of bringinq items to a common basis as may be established in the Contract Documents. � The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plu5 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 ENTERPRZSE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: �ontractor aqrees to provide to Owner, upon zequest, complete and accurate information regarding actual work performe3 by a Minority Business Enterprise (MBE3 � and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further aqrees, 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 p"* nature will be grounds for termination of the contract and for � initrating any action under appropriate federal, state or local laws and ordinances relating to false statements; ,T further, a�y 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 co�ply with Current City Ordinance prohibiting discrimination in employment practices. � � � C3-3 (1) � The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by tt�e City of Fort Worth's Equal Ecnployment Officer who will refer any qualified applicant he may have on file in hi� 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 openinq proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the propose3 awar3ee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contr3ctor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its disczetion, return the proposal security which accompanie3 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 rAtained by the Owner until the required contract has been Pxecuted and bond furnished or the Owner has otherwise di�oosed 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 Ownec in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less th an 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 pecfo:mance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligznce of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 t2) � � �,,, bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the cons�ruction of the work, and shall remain in full force and eEfect until provisions as above stipulated are accom?lished 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 oroposal 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 394 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version tf�ereof, supplying labor and materials in the prosecution of � the work provided for in the contract 7einq 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 whi�:h are interested in any litigation against the owner. All bonds �'" shatl be made on the forms furnished by the Owner and shall be , exeCuted by an approved surety company doing business in the City of Fort worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety � shall be included on the current U.S. Treasury list of ac ceptable sureties, and the a�ount of bond Written by any one acce�table company shall �ot exceed the amount shown on the ��, Treasury list for that company. Each bond shall be properly � executed by both the Contractor and Surety Company. �'" Should any surety on the contract be determined unsatisfactory , at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a � ' C3-3 (3) new surety satisfactory to the Owner. No payment will be made under th� contract until the new surety or sureties, as requiced, have qualifie3 and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and 1?gality by the City Attorney, and executed for the Owner by either the Mayor or City Manaqer. 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 Qroposal, and the Owner may annul the Award. By reason of the uncertainty of the narket prices af material and labor, a�d it beiag impra�ticable and difficult to accurately determine the amoun� of damaqes 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 a�reed amount of damages which Owner will suffer by reason of such failure on the part of the Awar3ee and shall thereupon immediately be forfeited to the Owner. The filing oF a proposal will be considered as an acc�ptance 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. Sho��ld 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 agree3 that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, co�nmence the physical execution of ttie contract. C3-3.11 INSURANCE: The Contractor shall not commencP work under this contract until he �as 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) � � �, certiEicate of insurance foc approval. The prime contractor shalt indicate on the certificate of insurance included in thA � documents Eor exec�tion wh�t�er or not his i�surance 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, Work�rs' 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 ecnployees 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 generat liahility insurance for the protection of such of his employees not so protected. b. COM.PREHENSIVE GENERAL LIABILITY INSURAN�E: The � Contractor shall procure an3 shall maintain durinq the life of this ccntract Contractor's Comnrehensive General Liability Insurance (Public Liability and Propezty Damage Znsurance) in an amount not less than 5500,00� covering each w occurrence on account of bodil in'ur y � y, includinq death, and in an amount not less than $500,000 � . eovering each occurrence on account oE pzoperty damage With $2,000,000 umbr�lla oolicy 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. 8lasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excav3tion (if excavations are to be performed adjacent to same). 4. Damage to under�round utilities f.or SS00,000. r_3-3 l5l S. 6. Buil�e�'s risk (whe-e above-around structures are involved). Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Conttactor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not 12ss 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 5500,000 on account of one accident, and automobile property damage insurance in an amount not less than S100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insuranc2 required under the above para�raphs shall provide a�equate protection for the Contractor and his su5-contractors, respectively, against damage claims which c�ay arise from operations under this contract, whetner such operations be by thz insured or by anyone directly or indirectly e:nployed by him, an3 also against any of the followinq sgecial hazards which may be encountered in the performance of the Contract. f. � FROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of covetage by insurance required in these Contract Documents in amou�ts and by carriers satisfactory to the Owner, (Sample attached.) All insurance requirements made upon the Contractor shal? apply to the sub-contractor, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor'� insuran�e and performance, na;�ment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) � ' �" L--�J � City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly oualified, one upon Whvm service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-DallaS area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when d�iP. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll � covering payment of wages to all person enqaged in work on the project at the site of the project shall be furnished to the Owner's reoresentative within seven (7) days after the close of each payroll period. A copy or copies of the applicable ; • minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. � Copies of the wage rates will be furnished the Contractor, by the Owner; however, oosting and protection of the wage rates shall be the responsibility of the Contractor. � C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any �ontractor, whether a p�rson, p�rsons, partnershiQ, company, firm, �,,, association, corporation or other who is approved to do buz_�ess with and ent�rs into a contract with the City for � construction of watec and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort �lorth-Dalla� metropolitan area. The �r Contractor shall charge, delegate, or assign this office (or h� may delegate his Project Superintendent) with full � authority to transact all business actions required in th e �Prformance of the Contract. This local authority shall be made resoonsible to act for the Contractor in all matters � pertai�ing to the work governed by the Contract whether it be administrative or otherwise and .as such sha11 be empowered, � thus delegated and dir�cted, to settle all material, labor or other expenditures, alI claims against the work or any other � C3-3 (7) � matter associated such as maintaining adequate and appropriate ins�rance 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. Shoul� the Contractor's principal base of operations be ather 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 thouqh bound directly into the project documents. The intent of these require�ents 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 insuzance and surety coverage. Should the Contractor's local representative Fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion, n.ay demand that such local representative be raplaced and the Engineer may, at his sole discretion, stop all Wozk until a new local authority satisfactory to the Engineer is assiqned. No credit of workinq 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 exclusivelv in Tarrant County. Texas. � C3-3 (8) �J , 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 ��ecial work as may be considered by the Owner as necessary to � complete the project in a satisfactory and acceptable manner. 7'ye Contractor shall, unless otherwise specificalZy stated in q these Contract Documents, furnish a11 labor, tools, materials, machinery, equipment, special services, and incidentals n�cessary to the prosecution and completion of the project. � C4-4.2 SPECIAL PROVISIONS: Should any work or conditions �yrhich are not thoroughly and satisfactorily stipulated or � c:overed 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 pazt of the Contract Documents � just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves � th� right to alter the quantities of the work to be performed c�r ta 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 naterials 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 hezeinafter provided for . "Extra work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as � � C4-4 (1) waiving or invalidating any conditions or provisions of the Contcact Doc�ments. Variations in quantities oE sanitary sewer pipes in depth categories, shall b� interpr�ted herein as applying to the overall quantities or sa�itary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF COhTRACT DOCUMENTS: By Change Order, the Owne� reserves the tight 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 �atisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such chanqes shall not be considere3 as waiving or invalidating any condition er pro�•ision of the Contract �ocuments. C4-4.5 EXT RA WORK: Additional work made necessary by changes and altPrations oE the Contract Documents or of quantities or for o�her reasons for which no prices ar� provided in the Contcact Documents, shall be defined as "Extra Work' and shall be performed hy the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that beEore any extra work is begun a'Chanqe Order" shall be Executed or written order issued by the Owner to do the work f.or 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) re�tal of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; t3) materials -�- entering permanently into the proje�t, and (4) actual cost of insurance, bonds, and social security as determined by the nwner, plus a fixed fee to be a�reed upon but not to exceed 108 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 oNned by him and used for the extra vork. The fee shall be full a nd comple�e compensation to cover the cost of suo�rintendence, overhead,.other profit, general and all othez expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (21 r � � suggested by the Owzer and shall give the Owner access to all accounts, bills, vouchers, an3 records relating to the Extra Work. L'S I� � � I :�d�, �. � �r N o"Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. tio 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 authorizinq such Extra Work, prior to beginning such work. Should a difference arise as to what does or does �ot co�stitute'Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the timA for making the first estimats after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls coverinq 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 a� may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual inst311ation. Tne 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 re2atinq to the change or extra work, whether said costs are knok�n, unknown, foreseen or unforeseen at tha` time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed cr unchanged work as a res�lt 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 a�proval thereof, a'Schedule of � O�erations," showing by a straight line method the date of . commznci�g and finishing each of the major elements of the contract. There shall be also shoun the e=_timated monthly cos� of Work for which estimat?s are to be expected. There 1�. � �..4-4 ( 3 ) shall be presented also a composite qraph showing the anticip3te3 progress of construction with the time beinq plotted horizontally and the percertage 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 sub�ission 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 se�eral 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 diaqram. As the work progresses, the Contractor shall enter on the dia�ram the actual orogress 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 a3justments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at �uch iatervals as dir�cted by the Owner. As a�ini►rum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the tzchnical specifications. Prior to the final drafting of the detailed constructicn schedulP, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understandinq of the contract rPquirPments, The followinq guidelines shall be adhered to in pr.eparing the construction schedule: 'a. Milestone dates and final project completion dates shall be developed to conform to time constraiats, sequzncing zequire�ents and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed 550,000. Fabrication, delivery and s�bmittal activities are exceptions to this guideline. C4-4 c4f � i � c. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. � � �� 4 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 3ate and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. • T he canstruction sc►�edule shall as a minimum be divided into general cateqoi•ies as indicated in the Proposal and T ec h nical Specifications and each general category shall be broken r9own into ac�ivities in enough detail to achieve activities of approxi:nately fourteen (14) days duration. For each general category, the co�struction schedule shall identify all trades or subcontracts Khose work is represented by activities that follox the guidelines of • this Section. For each of the trades or subcontracts, the construction � schedule shall indicate the following procurements, � c o n struction and preacceptance activities and events in their logical sequence for equipment and materials. �� 0 � 1. 2. 3. 4. 5. 6. 7. 8. Preparation and transmittal of submittals. Submittal review periods. Shop fa5rication and delivery. Er2ction or installation. Transmittal of manufacturer's operation and maintenance instructions. Installed equipment and matsrials testing. Owner's operator instruction (if applicable). Final inspection. � C4-4 (5) r, � 1 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a zevised schedule demonstrating his program and proposed plan to ma'�ce up lag in scheduled progcess and to insure com?letion of the wor;c within the contract time. If the Owner finds the pcoposed plan not acceptable, he may require the Cont�actor to increase the work force, the construction plant and e�uipment, the number of work shifts or the oveztime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failinq to prosecute the work �ith such diligence as will insure its completion within the time specified. _ � � � , 1 � � ' ' � � C4-4 (6) ' � ��1 f" � � � r � ti � PART C - GENERAL CONDITIONS C5-5 COyTROL OF WORK AyD MATERIALS SECTION CS-5 CONTROL OF WORK AND MATERIALS CS-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 furni5hed, 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. zights between Contractor and Ownez under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes Which may arise. Enqineer uill not be responsible for Contractor's means, methods, tQchniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he wil2 not be responsible for Contractor's failure to perform the wozk in accordance With the contract documents. He shall determine the amount and quality of the wozk completed and materials furnished, and his decisions and estimates shall be final. Ris estimates in such event shall be a condition to thz riqht 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 o� any dispute between the Enqineer and Contractor over the decision of the Enqineer on any such matters, the Engineer must, vithin a reasonable time, upon writ�,en request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. � CS-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall�conform with lines, qrades, 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 authoriaed by the Owner by Change Order. � � CS-5 (1) C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up cf 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, figuzed dimension shall govern over scaled dimensions, plans shall govern over specifications, sp�cial 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 apparant error or omission in the Contract Doc�ments, and the Owner shall be permitted to make such corrections or interpretati�ns 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 discrFpancy, 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 �ontractor shall be �eemed to have quoted the most expensive resolution of the conflict. CS-5.4 COOPER ATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall hav� availa ble 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 facilitat� the progzess thereof and shall cooperate with the Engi�eer, his inspector, and other Contractors in every possible way. T�e Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contr3ctor shall provide and maintain at all times at thP site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act��s the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Docunents and shall receive and f ul f i ll instructions from the OWner, the Engineer, or his a�thorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the �ontractor's agent on th e 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 cietermines that circumstances require the presence on t��e �roject site of a representative of the Contractor to CS-S (2) � , f�a adequately provide for the safety or convenience of the traveling oublic or the owners of property across �hich the project extends or the safety of property contiguous to the project �o�ting. The Contractor shall ptovide all facilities to enable the £ngineer and his inspector to examine and inspect the � workmanshi2 and materials entering into the work. �", a � � � �� CS-S.S EMERGENCY AND/OR RECTIFICATION WORK: W`�en, in the opinion of the Owner or Engineer, a condition of emergency exists related to any �art of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by t'se Owner or Enginee: 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 workinq-day basis. Should the Contr�ctar fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessa:y to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such Work or changes are to be performed. The written notice shall direct atten�ion to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractot does not take positive steps to fulfill this �aritten request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such rPmedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such rPmedial action, plus 251, from any funds due the Contractor on the project. r_5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra com�ensation, an adequate field officP for use of the En�ineer, if speciEically called for. The field office shall be no� less than 10 by 14 feet i� floor area, substantially consc.ruct��, well heated, air conditioned, lighted, an3 we�ther-proof, so that documents will not be damaged by the elzments. CS-5.7 COI�STRUCTION STAKES: The City, through its Engineer, � Will furnish the Conttactor with all lines, grades, and measurements necessary to the proper prosecution and control � of the work contracted for under these Contract Documents, and 1 ines, grades and meaSure:nents will be established by m�ans of ' stakes oc other customary m�thod of marking as may be found consistent with good practice. � � c;5-S c 3 ) These stakes or markings shall be set sufficiently in advance of construction oparations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guida�ce shall be preserved by the Contractor until he is a�thorized by the Engineer to remov� them. Whenever, in the opinion of the En�ineer, any stakes or markings have been careles�ly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of rPplacing such stakes or marks plus 258 will be charged against the Contractot, and the full amount will be deducted from payment due the Contra�tor, CS-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all wark 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 mat�cials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the EnginePr as to the progress of �he work and the manner in which i� is being performed, to report any evidence that the mat�rials beinq furnished or the work being performed by the Contractor fails to fulfill the requ�rements of the Contract Documents, 3nd to call the atLention of the Contracto� 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 Docur�ents. In case of any dispute arising between the Contractor and the City insQector as to the materials or equipment furnished or th� manner of performing the work, the City Inspector Will havA 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', howevet, be authorized to revokP, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any poction or section of the work, nor to issue any i��structions contrary to the requirements of the Contract Doc�irments. He will in no case act as superintendent or for�man or oerform any other duties for the Contractor, or int�rfere with the management or operation of the work. He will not accept from the Contractor any compensati�n in any form for perEormin3 any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when thP samz are consistent with the obligations of the Contract Documents, provided, however, should the Contcactor object to any orders or instructions of the City Inspector, the Contrac�or may within six days make written ap��31 to the Engineer for his decision on the ma�ter it� controversy. CS-S (41 � 1 � CS-5.9 INSPECTION: The Contractor shall furnish the Engineer � vi�`� eve:y reasor,ab?e facility for ascertaining whether or not the w�rk as performed is in accordance with the raquirements 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 � 3ir�cted. After examination, the Contractor shall restore said portions of the work to the standard required by the Co�tract Documents. � Should the wor�c exposed or examined prove acceptable, the �- uncovP:ing ot rem�ving and replacing of the cov�ring or making � good of the �arts removed shall be paid for as extra work, but � should be work so exposed or examined prove to be unacceptable, the uncovezing or removing and the replacing of all ad;acent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used � witliout suitable supervisi�n or inspection. � CS-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All Work, materials, or Pquipment which has been rejected shall be zemedied or rEmoved and replaced in an acceptable manner by the Contractor �3t 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 ex�ensP. 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 renlaced and unauth��ized Work to be removed, and the cost � t��erAof ma y be deducted from any �oney due or to become due to the Contr�ctut. Failure to require the removal of any defsctive or unauthorized work shall not constitute acceptance � of such works. CS-5.11 SUBSTITUTE MATERIALS OR EQL'IPMENT: If the , Specifications, law, ordinan�e, codes or regulations permit � Cont:-actor to furnish or use a substitute that is equal to any material or equipm�nt soecified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the � orecon�truction conference, make written application to ENGIhEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the � functions call?d for by the general dAsign, be similar and of eq�a? substance to that specified and be suited to the same r use and capable of performing the sa�ne function as that ., specified; and identifyin� all variations of the proposed l'�l CS-5 (5) � substitute from that specified and indicating available maintenance s�rvice. No substitute shall be ordered ot instalt�d without the written a�proval of Engineer wtio 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 o: indirectly employed by ?ither of them from and a�ainst the claims, �amages, losses and expenses (inclu3ing attorneys fees) arising out of the use of substituted mat�rials or equipm�nt. CS-5.12 SAMPLES AND TESTS OR l4ATERIALS: WherP, in the opinion of the Engineer, or as called for in the Contract Documents, t�sts of matetials or equipment are necessary, such tests Will be made at the expense of and paid for direct to the testing ag�ncy by the Owner unless atherwise specifically provided. The failure of the Owner to make any tests of m aterials shall be in no way relieve the Contractor of his responsibility of furnishing materials and eqsipment fully conforming to the requirements of the Contract Docume�ts. Tests and sampling of mate�ials, unless otherwise specified, will be madP in acc�rdance with the latest methods prescribed by the American Soci�ty for Testing Mat�rials or specific requirements of the Own�r. The Contractor shall provide such facilities as the Engineer may require for collecting and fozwardinq samples and shalt not, without specific written permission of the Engineer, usA the materials represented by the samples until tests havp 5ee� made and the materials approved for use. The Contractor will furnish adequat� samples without charge to the Ownet. � In case of concrete, the aggr�gates, desiqn minimum, and the mixing and transporting equipment shall be approved by the F.ng ineer before any concrete is placed, and the Contactor Stiarr n� responsiblP for replacing any c�ncrete which does no_ m�et the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, usi�� samples from the same aggregate, cement, and mortar �ahich are to be us�d later �n the concrete. Should the source of supply :.hange, new tests shall be ma3e prior to the usP of the new materials. CS-5.13 STORAGE OF MATERIALS: All materials w`�ich are to be �s�d in the construction operation shall be stored so as to insure the preservation of the quality and fitness oE the work. when directed by the Engine�r, they shall b� placed on woode� plat`_orms or other har3, clean durable surfaces and not on the CS-5 (6) � � [�u qround, and shall be placed under cover when direct�d. Stoted materials shall be placed and located so as to facilitate prompt inspection. k� CS-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities � are based on the best information available. Omission from, or the incl�sion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, �" existing un�ierground utilities. The location of many gas �., mains, watzr 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 aqreed that such failure will not be considered sufficient basis for claims for � additional compensation for Extra Work or for increasin3 the pay ouantities in any manner whatsoever, ualess an obstruction encountered is such as to necessitate changes in the lines and �' grades of co�siderable magaitude oc requires the building of special works, p*ovision for which is not made in the Contract D�cuments, in which case the provision in these Contract Docume:►ts foc Extra Work sha11 appll. � It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in � a3vance oF.construction in order that he may negotiate such local adjustments as necessary in the construction process to provid� adequate clearances. The Contractor shall take all ne�es��ry precautions in order to protect all existing � utilities, structures and service lines. Verification of exi�ting utilities, structures and servicP lines shall include notification of all utility companies at least forty eight � (48) hours in ad��ance of construction i�cluding expl�ratory excavation if necessary. All verification of existinq �, utilities and theic adjustment shall be considered as subs..�diary work. �5-5.15 IhTERRUPTIOti OF SERVICE: � a, hormal Prosecution• In the normal prosectuion of work where the intarruption of service is necessary, � the Contractor, at least 24 hours in advance, shall be r�quired to: 1. Notify the water Department's Distribution Division as to location, time, and schedule of service interruption. � � CS-5 (7) 2. NotiEy each customer personally throuqh responsible personnel as to time and scF�edule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared taq 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 Improve�ent in your neighborhood, your (water) (sewer) service will be inter- rupted on between the hours of and . This inconvenience will be as short as possible. Thank you, Contractor Address Phone b. Emerqenc�: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, thFough acts or neqlect on the part of the Contractor, any othe-r Co�tractor or any sub-contractor shall suffer loss or dama�e on the Work, the Contractor agrees to settlg: with such other Contractor or sub-contractor by aqreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against [he 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. CS-5.17 CLEAN-UP: Clean-up of surplus and/or Waste materials accu:nulated on the job site during the prosecution of the work under these Contract DocumPnts shall be accomplished in k�epinq vith a daily routine established to the the satisfaction of the Enqineer. Twenty-fours fours after written noLicP is given to the Contractor that the clean-up on the job si:� is procee3ing in a rranner unsatisfactory to the En�ineer, if the Contractor fails to correct the CS-S (8) i� � � unsatisfactory procedure, the City may take such direct action as the Engineer deems appcopriate to cor:ect the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 258 of such costs, � shall be ded ucted 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 beEore final acceptance and � final payment will be made, the Contractor shall clean and rzmove fcom the site of the project all surplus and discarded ' - materials, temporary structures, and debris of every kind. He shall leave the �ite of all Work in a neat and orderly � condition equal to that which originally existed. Surplus and (� waste materials re�noved from the site of the work shall be disposed of at locations satisfactory to che Engineer. The � Contract�r shatl thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing �, condition. No extra compensation will be made to the Contractor for any clean-up required on the project. CS-5.18 FIhAL INSt�ECTION: Whenever the work pzovided for in and contemplated under the Contract Documents has been � satisfactorily complzted and final cleanup performed, the � Engineer will notify the pzoper 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 inspecti�n, if the work and materials and equipment are found satisfactory, the Contractor will be notified in � writing of the acceptance of the same after the proper resol�ition has been passed by the City Council. No time charge will be made against the Contractor between said date � of notification vf the Engine2r and the date of final inspection of the ��ork. t� a -_ � � ' � , '�- ' �� CS-S (9) �, , � PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY LW SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY ji C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct �'" of the work or his operations, and shall observe and comply � with all orders, laws, ordinances and regulations w!�ich exist - or which may be enacted later by bod�es having jurisdiction or .- authority for such enactment. No plea of misunderstanding or � ignorance thereof wi 11 be eonsideted. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims � or liability arising from or based on the violation of any such law, ordinance, requlation, 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 charqes, costs and fees, and give all notices necessary and incident to the due and lawful _ prosecution of the work. C6-6.3 PAT ENT ED DEVICES MATERIALS AND PROCESSES: If the i� Contractor is required or �esires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrightea � design. It is mutually agreed and understood that without exception the contract prices shall include all royalties oz � cost arising from patents, trade-marks, and copy riqhts in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all � claims for infringement by reason of the use of any such patented design, device, material or process, or any trad'e-mark or copy right in connection With the work agreed to be performed under these Contract Documents, and shall indem�ify the Ow�nez 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 vill assume the � responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the � design, type of construction or material or equipment specified in the Contract Documents furnished the Contractoz by the Owner, and to hold the Contractor harmless on account of such suits. � � C6-6 c 1 1 C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enEorce 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 abcut the work on any property either public or private, and such regulat ions as are required by Law shall be put into im�nediate 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 Eacilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shaZl at all times be so conducted, as �o cause no greater obstruction or inconvenience to the pub}.ic 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 ot convenience of the public, includinq, but not limited to, saEe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress foz normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossinqs. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for tt►e property served by the driveway as the Engineer ma;r approve as appropriate. Such other means may include the �diversion of driveway traffic, With specific approval by the Engineer. If d i.v�rs ion of traf f ic is approved by the Engineer at any location, the Contractor shall make arzangements 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 rr,aintenance of roadways 3nd bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of tre 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 prev�nt free access to all fire hydrar.ts, fire alarm boxes, police call boxes, water valves, C6-6 (2l � CJ � gas valves, or manholes in the vicinity. The Owner reserves � the right to remedf any neglect on the part of the Contractor �� as regards to public convenience and safety whicli 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 righ� to remedy any neqlect without notice, and in either F! 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 d � the Fire Department Headq�arters, Traffic Engineer, and Police -•� Department, when any st.reet or alley is requested to be closed �I or obstructed or any fire hydrant is to be ma3e inaccessible, and, when 3o dir�cted by the Engineer, shall keep any street, streets, �r highways in condition for unobstructed use by fire � apparatus. The Contractor shall promptly notify the Fire Depaztment 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 a�:ranqements 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�constcuction 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 settle ment of such claims. The Contractor shall file with the �; Engineer a written statement showinq 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 st�oNn 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 � ooerations. Excavated and waste materials shall be piled oz stacked in such a�ay as no� to. interfere With the use of � spaces that may be designated to be left free and unobstructed a�d so as not to inconve�ience occupants of a3jacent proQerty. � If the street is occupied by railway tracks, the work shall be � C6-6 (3) carried on in such manner as not to interfere with tfie opera:ion of trains, loading or unloading of cars, etc. Other contractors of the Owner �ay, 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 ease�ent 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 performinq the work and take all precautions for safety of property and the public. Neqotiations with the railway companies for permits shall be done by and throuqh 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 6uch 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 �roperty and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at niqht. 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 vork under construction or bei_ng maintained. The Contractor shall fur�ish watchmen and keep them at their respective assignments in sufficient numbers to Qrotect the work and prevent accident or damage. All installations and proced�res 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 �ighways", codified as Article 6701d Veron's Civil St�tutes, pertinent sections being Section Nos. 27, 29, 30 and 31. . C6-6 (4) � ' � The Cont�actor vill not remove any regulatory sign, � instru=tional sign, street naTe sign, oc othez sign which has beer� 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 siqns, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above �, refzrenced 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 parmanent sign can be re-iastalled, the Contractor shall again �' contact the Signs and Marki�gs Division to re-install the �� permanent sign and shatl leave his temporary sign in place until such re-insta=lation is completed. I�" The Contractor wil'. be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, oz watchmen to protect them. Whenever � evidence is found of such damage to the Work the Engineer may order the damaged portion immediately remove3 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 mat�rialy involved in the constructing, providing, ar.d maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and � disposal of such barricades, siqns, or for any other � inciaentals 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 req�ested in the Proposal. �6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the � Contract�r zlect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exe�cised at all times so as not to endanger life or property. The � Contractor shall notify the proper representative of any � oublic service corporation, any company, individual, or utility, and the Ow�er, not less than twenty-four hours in � � �6-6 (5) advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of s�ch use of explosives. All claims arising out oE the use of explosives shall be investigated a�d 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 th� 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 t!ie cause of the complaint has been addressed. Whenever explosives are stored or kept, thFy shall be stored in a safe and secure manner and all storaqe 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 �pcessary by the Contractor shall be pravided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the..�enefit 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 f�om the owner of such property. The Contractor will not be allowed to store equipment or material on private property unl�ss and until the specified approval of the property owner tias 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-Nay or easements oE obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction opPrations. The Contractor shall be responsible for the preservation of an3 shall use C6-6 (5) � �' �" � every precaution to prevent damage to all trees, shrubbery, plants, :awns, fences, culverts, curbinq, and all other types of structures or improve:nents, to all water, sewer, and gas � lines, to all conduits, overhead pole lines, or appurtenances thereoE, including the construction of temporary fences, and to all other public or private property along adjacent to the �� work. The Contractor shall notify the p�oper representatives of � ounzrs or occupants of public or private lands or interest in � lands which might be affected by the wor�c. Such notice shall � be made at least 4H hours in advance of the beginning of the -, work. Notices shall be ap�licable to both public and private � utility companies oz any corporation, company, individual, or other, eiLher as ow�ers or occupants, whose land or interest in land might affecte3 by the Work. The Contractor shall be � tesponsible fo� 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, n or at any time duP to defective work, material, or equipment. when and where any direct or indirect or injury is done to public or private pro�erty on account of any act, omission, �� neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost � and expense.such property to a condition at least equal to tha� existing before such damage or injury was done, by repairing, rebuildin�, or otherwise replacing and restorinq as may be directed by the Owner, or he shall make good such �' da:nages or injury in a mannez 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 otiginal condition upon completion of this project. hhen wire fencing, Pither wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of oermanent 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. � TeT�orary fencing shall be erected in place of the fencinq � removed vhenever the work is not in progress and when the site is vacated overnight, and/or at alY times to prevent � livestock from entering the construction area. The cost for 1 fAnce removal, temp orary closures and replacement shall be � l subsidiary to the various items bid in the project � � C6-6 (7) � � � proposal. Therefore, no separate payment shall be allowe3 - for ar.y secvice associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the O�ner may, upon 48 hour written notice under ordinary circumstances, and witho�t notice when a nuisance or hazardous condition results, proceed to repair, rebuild, oz otherwise restore such property as may be determined by the Owner to be necessary, and the cost �hereby will be deducted fzom any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the partie� t�ereto that Contractor shall perform all work and services hereundet as an ir.dependent contractor, and not as an officez, 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 so�ely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as�between Ownez and Contractot, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating � partnership or joint enterpzise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and d�es hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or sui�s for property damage or loss and/or personal injurp, including 3eath, to any and all persons, of whatsoever kind or charactet, 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, employPes, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged regligence on the part of officers, agents, servants, e�n�loyees, c ontractors, subcontractors, licensees and invitees of the OWner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers agents, servants and employees for property damage or loss, and/or per�onal 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 �ontractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, vhether or not caused, C6-6 (8) � � � � L � in ahole or in part, by alleged negligence of officers, agents, servants, em�loyees, contractors, subcontractors, licen�ees or invitees of the Owner. Contractor likewise covenants and aorees to, and does hereby, indemnify and hold harmless Owner fro:n and against any and all injuries,loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising o�t of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractozs, licenses, or invitees of the Owner. In the event a written claim for damages aqainst the �„ contractor or its subcontractors remains unsettled at the time all �ork 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 vritten evidence sa�isfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. i� L' � If the claim concerned remains unsettled as of the expiration oF the above 3�-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 recommsnded by the Directot. � Ttie Dizector shall �ot recommend final payment to a Contractor against whom such a claim for darr,ages is outstanding for a poriod of six months following the date of the acceptance of . �- the w�rk performed unless the Contractor submits evidence in writ.�ng satisfactory to the Directot that: t. 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 vithin 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 f inal pay:nent to the Contractor be made. At the C6-6 (9) � ) expiration of the six month period the Director may recom�nend that final paym�nt be made if all other work has been performed and all other obliqations of the Con�ractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against Whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 COhTRACTOR'S CLAIM FOR DAMAGES: Should the �ontractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaininq of such alleged damage, make a written statement to the Engineer, settin� out in detail the nature of the alleged damaqe, and on or before the 25th day af the month succeedinq that in which any such damage is claimed to have been sustainPd, 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, ceceipts, vouchers, bills of ladinq, and other books or papers containing any evidence as to the amount of such alleged dama�e. 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 pay�ent on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTZLITIES� 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 Engineet.. The ziqht is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of ms�cing such changes or repairs to their property that may be necessary by the performance of this contract. C6-6�.15 TEN.PORARY SEh'ER AND DRAIN CONhECTIONS: When existinq sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temoorary outlets and connections for all private or public dcains and sewers. The Contractor shall also take care of all s�wa�e and drainage Which will be received from these drains 3nd sewers, and for this purpose he shall provide and maintain, at his oWn cost and expensP, adequate pumping _`acilities and tem�orary 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 dis�ose of draiaage and sewage C6-6 c10) � 6� � 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 rahen specified or ordered to be abandoned by the Engineer. All water, sewage, and other wa�te shall be disposed of in a satisf3ctory 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 � Depart��ent for so doing. City vatec furnished to the Contractor shall be delivered to � the �ontr3ctor from a connection on an existinq City main. All piping required beyond the point of delivery shall be installed 5y the Contractor at his own expense. �;' The Contr�ctor's zesponsibility in the use of all existing fize 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 charqes, if � any, for water Will be at the regular established rates. When metPrs are not used, the charqes, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates � established by the Director of the Fort Worth Water Department. � C6-6.�7 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinio� of the Enqineer, 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 Enqineer, and such � usage shall not be held to be in any way an a:ceptance of said work or St��cture or any part thereof or as a waiver of any of the provisions of these Contrac� Docu�rents. All necessary � re�airs and removals of any section of the work so put into use, due to defective materials or workmanstiip, Pquipment, 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 vork shall be under the charge and l care of the Contractor, an3 he shall take every necessary .) �recau�ion to prevent injury or da;nage to the work or any part � �, C6-6 (111 � thereof by action of the elements or from any cause whatsoever, whether arising fro�n 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 orcier 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 wai�•er of any provision of the Contract Documents. Any waiver of any braach or Contract shall not be held to be a waiver of any other or �ubsequent breach. The Owner reserves the right to correct any error that may be discov2red in any estimate that may have be en paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.2� PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carryinq out the provisions of these Contract Documents or in exercisin3 any power of autfiority granted thereunder, there � shall be no liability upon the authorized representatives of the �wner, either personally or otherwise as they are agents 3nd zepcesentatives of the City, l C6-6.21 STATE SALES TAX: On a contract awarded by the City of F�rt 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 oc leas� all materials, supplies and equipment usod or consumed in the performance of this contract hy issuinq to his supplier an exemption certificate in lieu oF the tax, said exemption certificate to comply with State Comptroll�r's Ruling .007. Any such exemption certiEicate is-s�ed by the Contractor in lieu of th? tax shall be subject to an� shall comply with the provisions of State Conptroller's R�ling .011, and any other applicable State Comptroller rulings pertainin� to �he Texas Limited Salos, Exci�e, and Use Tax Act. On a contract awarded by a developer for the construction of a p�blicly-owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City o: Fort Worth, an organization Which qualifies for exemp_ion pursuant to the provisions of Article 20.04 (H) of the Texas limite� Sales, Excise, and Use Tax Act, the Contractor can orobably be exe:�pted in the sam� manner stated above. C6-6 (�2> � � � � , � � � � � �* � ' � � � ". � � � Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station �ustin, TX � � C6-6 (13) r � � � ?ART C - GENERAL COhDITIONS C7-7 PROSECUTION AyD 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 tha� fifty (508) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Concract Documents, he vill not under any circumstances be relieved of the responsibility and obligation assumed under these Con�ract Documents. l�ll transactions of the Engin�er will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner vill not recognize any subcontractor on the work. The Contractor shall at all times, when the �•�ork is in operation, be zepresented either in person or by a s�.�perintendent 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 tights, title, or interest in or to the same or any part thereof without the previous consent of the Owner . expressed tiy 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 contzact �� or his rig ht, title, or interest therein or any part thereof, to any person or persons, partnership, �ompany, firm, or corporation, or does by bankruptcy, voluntary or involuntary, •� or by assignment under the insolvency laws of any state, attem.pt 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 �hat it would be impracticable and extremely difficult to fix the actual � damages. � C7-7.3 PROSECUTION OF THE WORK: Prior to beginnin� 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 3etail and step by step the manner of �� C7-7 cl) l 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 atl times as specified in the Special Contract Documents. Any d�viaticn 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 Contracto= from the full responsibility of the complete performance of the Contract. The contract time may be � C7-7.8 "Extension of Time and a proqress schedule contract time. � changed on:y as set forth in Section of Completion" of this Agreement, shall not constitute a change in the C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum arnount of inconvenience to the public. At any tirne when, in the judgment of the Engineer, the Contractoz has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necess3ry for the prooer 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 b:ing in from outside the City of Fort worth his key men and his superinten�ent. Alt othet Workmen, including eSuipment operators, may be imported only after the local supply is exhauste�i. The Contractor shall employ only such supPrintendents, fore�en, and Wor�cmen who are careful, competent, and fully qualified to perform the duties or tasks as�igned to them, and the Engineer may demand and secure the summary dismissal of any person oc pzrsons employed by the Contractor in oc about oc on the work wtio, in the opinion..of th2 Owner, shall misconduct hinselE or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 c2) � � �'" / � ! �" � � � � � otherwise objectionable or �eglectful in the proper performance of his or their duties, or who neg'_ects 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 vork assigned to them and ooer�te any 2quipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equip�ent as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. �,11 equipment, tools, and machinery used foz handling matsrials and executinq any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condi�ion. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will zesul�_ from its use. C7-7.6 WORK SCHEDULE: Eiapse3 working days shall �st3rtinq with the first day of work completed as - C1-1.23 "i�ORKING DAY" ot the date stipulated i OROER" for beginninq Work, whichever comes first. be computed defined in n the 'WORK Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providinq that the following reguirements are met: a. 1� request to work Legal Holiday must than the proceeding � � � � on a specific Saturday, Sunday or be made to the Engineer no later Thursday. b. Any work to be done on the project on such a �^ specific Saturday, Sunday or Leqal Holiday must be, in the opinion of the Engineer, essential to the ti,Tely completion of the project. The Engineer's decision shall be final in response to such a request for approval to Work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Cantractor for any work pe�formed on such a specific Satucday, Sunday or Legal yoliday. Calendar nays shall be defined in C1-1.24 and the Contractor may work as he so desires. C7-7 (3) �� . � .J C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall comme�ce the working operations within the timo speciEied in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as 3handonment 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 insu�e that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time establishpd in such documents and such extension oF time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only w�en the request for such extension is submitted in writing to the Engineer within seven days from and after the time allPged cause of delay shall have occurred. Should an extension of the time of co�rpletion be requested such request will be forwarded to the City c'ouncil for approval . In adjusting the con�ract time far completion of work, � consideration will be given to unEorseeable 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, quarantin�,restrictions, strikes, freight embargoes, or delays • of sub-contractors due to such causes. when the dat? oE completion is based on a calendar day bid, a request for extension of time bPcause of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be c onsidered only When a review of the Contractor's purchase orcier dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide 3ttem�t to secure delivery on schedule. This shall include Pfforts to obtain the supplies and materials from alternate sources in ca5e the first source cannot make delivery. If satisfactory execution and completion of the contract should require wor�c and materials in greatar amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be incceased by Change Order, C7-7.9 DELAYS: The Contr3ctor sha11 receive no compensation l Eor delays or hindrances to the work, except when direct and J unavoidable extra cost to the Contractor is caused by the failuze of the City to provide inforR�a�ion or material, if C7-7 c4) � � � ' n. � 1 .. � ' , 1 � ' , ' � � � � L � i. any, which is to be fuznished by the City, when such extra compen�ation is claimed a written state�nent thezeof shall be oresented 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 b� final and binding. If delay is cause3 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 vill entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obli.gations hereunder Which shall remain in .full fcrce until the dischar�e 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 num��er of working days or calendar days that he will rpquire to :cully complete this contract or the time of completion will be soecified by the City in the Proposal section of the contract documants. The number of days indicated shall be a realistic estimate of th� time required to complete the vork covered by the specific contract being bid upon. The amount of time so stated by the s�ccessful bidder or the City will become the time of completion specified in the Contract Documents. For eacti calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the � increased time granted by the Ownet, or as automatically increased by additional worR or materials ordered after the �^ contract is signed, the sum per day given in the followinq sctle�ule, unless otherWise specified in other parts of the Contract Docunents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUN'T OP CONTRACT � $ �; S 5 .. � S � S � Less than $ 5,000 5,001 to S 15,000 15,001 to $ 25,000 25,001 to S 50,000 50,001 to S 100,000 100,001 to 5 500,000 C7-� t5) inclusive $ inclusive S inclusive S inclusiv� S inclusiv� S inclusive S 35.00 45.00 63.00 105.00 154.00 210.00 � � � _� S 500,001 to S1,000,001 to $2,000,001 a�d ov�r 51,000,000 inclusive 5 315.00- '� $2,000,000 inclusive S 420.00 � 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 w�uld be incapable or very difEicult of accurate estimation, an3 that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compen5ation due the City fot 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 ordere� 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 khe Owner b� liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely respons�ble. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right � to suspend the Work operation wholly or in part for such p eriod 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 • dettimental to the interest of the project. During temporary su5pension of Work covered by this contract, for any reason, the Owner will mak� no extra payment for stand-by time of construction equipment and/or construction cre.�s. �, J If it should become necessary to suspend Wor'�c for an indefinite period, the Contractor shall store all materials in such man�er that they will not obstruct or impede the public unne�essarily nor become damaged in any Way, and he shall take e ve?y precauti�n to prevent damaqe or deterioration of the work performed; he shall provide suitable drainage about the wor'�c, and erect temporary s�ruct�res where necessar.y. Should the Contractor not b� ablz 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 Paragrapn C7-7.8 EXTENSION OF THE 'fIME OF COMPLETION, and should it be determined by mutual consent of the Cont:actor and the Engineer that a solution to allow construction to nroceed is not available within a zeasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary e�uipment to the job w`�en it is detezmined by the Engir.eer C7-7 (6) ., C� ' � � � � �w � ' e � � � J � L�J that cc�struction may be resu�ned. Such reimburse:r,ent shall be based or, actual cost to the Contractor of movinq the equipment and no profit will be allowed. No reimbursement shall be allo�+ed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend wo_k without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-�.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: When�ver, because of National Emergency, so declared by the President of the United States or other lawful authority, it becesres impossible for the Contractor to obtain all of the necessary labor, matezials, and equipment for the prosecution of the vork with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writinq, giving a detailed statement of the efforts which havE been made and listinq all necessary items of labor, mat�rials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions existinq and that the i�ability 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 eff ort assist the Contractor in procurinq and making available the neces�ary labor, materials and equipment Within thizty days, the C ontractor may request the Or,►ner 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 OWnez and the Contractor and final payment shall be made in accordance with the terms of the agree� 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 SL'SPENSION OR ABANDOhY.Er'T OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or sectior, of the work under Contract shall be suspended irr,mediately on written order of the Engineer or the Contract may b� declared cancelled by the City Council for any good and sufficient cause. The followinq, 5y way of example, but not oE limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the ti:ne specified in the hork Order issued by the Owner. �7-7 (7) � � b. Substantial evidence that proqress 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 wozking operations. � � � d. Substar.tial evidence that the Contractor has abandoned the Work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. � f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders qiven by the Enqineer or Owner provided for in these Contract Documents. q. Failure of the Cor.tractor promptly to make good any defect in materials or Workmanship, or any defects of any nature th� correction of which has been directed in Writinq by the Enqineer or the Ownez. h. Substantial evidence of callusion for the purpose of illegally procuring a contract or pezpetratinq fzaud on the City in the construction of work under contract. ' L� � � i. A substa�tial indication that the Contractor has made an unauthorized assignment of the contzact or any funds due therefrom for the benefit of any creditar or for any other purpose. j. If the Contzactor shall for any cause whatsoever __ not carry on the vorking operation in an acceptable manner. � k. If the Contractor commences legal action against � the Owner. J l� copy of the suspension ordez or action of the City Council shall be ssrved on the Contractor's Sureties. When vork 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 sha.11 designate, whereupon the Sureties m3y, at their option, assume the contract or that portion thera of which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the vritten C7-7 (B) 1 ' � � � � �'" � � consent of the �wner, sublet the work or that portion of the work as ta�cen 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 Docsments, All monies remaining due the Contractor at thz time of this default shall thereupon become -� due and payable to the Sureties as the wozk progresses, � subject to all of the terms of the Contract Documents. Zn case the SuTeties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, ot' that poction thereof Which the Owner has ordered by the Contractor to discontinuo, then the Owner shall have the power to complete, by contract or otherwise, as it may determinP, ttie work herein described or such part thereof. a� it :nay deem necessary, and the Contractor hereto agrees •that the Owner shall have th� right to take possession of anZ use any mate�ials, plants, tools, equipment, supplies, anc� property of any kind provided by the Contractor for the 1 purpose of carrying on the work and to procure ether tools, equipment, materials, labor and ptoperty for the comple tion 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 oz any part thereof. The Owner shall not be requirPd to obtain the lowest bid for the .�ork 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 vould have been.payable under the Contract if the same had been co mpleted " by the Contractor, then the Contractor and his Sureties shall pay the amount of s�ch excess to the City on notice from the � O�ner of the excess due. W!�en any particular part of the work is being carried on by the Owner by contract or otherwise unde� the provisions of this section, the Contractor shall �, continue the remainder of the work in conformity with th e terms of the Contract Docum�nts and i� such a manner as to not hinder or interfere with performance of the work by the Ow�er. � C7-�.15 FULFILLMENT OF CONTRACT: The Contract will be � consid�re� as having bee� fulfilled�, save as provided in any _. � bond or bonds or by lau, when all the work a�d all sections or � parts of the project covered by the Contract Documents have � C7-7 c9) � I been finished and compieted, the final inspection ma3e by the Engineer, and ths final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OGv'NER: A. NOTICE OF TERMINATION: The performance of the work under this contrac� may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determir�e that such termination is in the best interest o: the Owner. Any such termination sh�ll be effected by mailinq a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, an3 the date upon Which such termination becomes effectivP. Receipt of the notice shall be deemed conclusively presumed and established when the l�tter is placed in the United States Mail by the Owt�er. Furthez, 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 Contzactor shall: � 1. Stop work under the contract on the date a�d to the extent specified in the notice of termination; 2, olace no further orders or subcontracts for �' materials, services or facilities except as may be necessary for completion of such portion of the vork under the contract as is not terminated; 3, terminate all orders and subcontracts to the extent that they relate to the performance of vork terminated by the notice of termination; � 4. transfer title to the manner, at the if any, dir�cted by the Owner and deliver in � times, and to the extent, the Engineer: " � � C7-7 (101 � , a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as i�r a part of, or acquired in connection with the performance of, the work � terminated by the notice of termination; and b. the complAted, or partially completed �,,, plans, drawinqs, information and other property which, if the contract had - _ . been completed, would have been required to be furnished to the Owner. L 5. complete performance of such part of the wozk as shall not have been termiaated by the notice of termination; and 6. take such action as may be necessazy, or as the Engineer may direct, for the protecticn and preservation of the property related to its contract which is in the possession cf the Contractor and ia wh ich the Owaer has �;r may acquire the rest. At a time not later than 30 days after the ' ter�nination date specified in the notice of termination, the Contractor may submit to the • Engineer a list, certified as to quantity and guality, of any or all items of termination einventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days � , theraafter, the Owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineez upon �^ removal of the items or, if the items are stored, , �-- within 45 days from the date of submission of the list, and any necessary adjustments to correct the � list as submitted, shall be made prior to final �.: settlement. C. TERMINATION CLAIM; Within 60 days after notice of � termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. �'" Unless one or more extensions in writing ara . „ granted by the Owrter u�on request of the Contractor, made in writing within such f0-3ay period oc a�thori2ed extension thereof, any ar.d a11 � such claims shall be conclusively deemed waived. L C7-7 (11) D. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any part oE 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 �ade and as further reduced by the contract price of w�rk 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, pre�cribing 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 t?�is section, shall be dezmed to limit, restrict or otherwise determine or affect the amount or amcunts Which may be agreed upon to be paid to the C�ntractor 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 amo�nt, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be d�e 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 Contzactor, applicable to the terminated portion of tliis contract; (b) a�y claim which the Owner may hav� against the Contractor in connection with this contract; and (c) the a�reed price for, or the �roceeds oE sale of, any materials, supplies or other things kept by the Contractor or sold, purs�ant to the �rovisions of this clause, an3 not otherwise r�coverzd by or credited to the Owner. �. ADJUSTMENT: If the termina�ion hereunder be pactial, pri�or to the settlernent of the terminated portion of this contract, the Contractor may file with the Engineer a request ir writing f�r an C7-7 c12) � � � 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; nothinq contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to A+ 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: Nothinq contained in this section shall limit or alter th= 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 w'�ich Owner may have for default or breach of contract by Contractor. „ C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor sha?1 be responsible for initiating, maintaininq, and supervisinq all r"' safety precauti�ns and programs in connection with the work at all times and shall assume all zesponsibilities for their � � enforcement. � - The Contractor shall comply aith federal, state, and local laws, ordinances, and re3ulations so as to protect person and � property from injury, including death, or damage in connection With the work. +� • . � , � ,� ., � I� C7-7 (13) � � PART C - GENERAL CONDITIONS C8-8 M�t,SUREMENT AND PAY!1= NT ww+ � ... 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 Stat�s Standard Measurements used in common practice, and +aill 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 furnishinq � by the Contractor of all labor, tools, materials, machinery, y equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract „�, Documents . ' The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent � fees, royalties, risk due to the elements and other causes, � delays, prof its, 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 �1 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, ma�hinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the vork 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 pezEorming all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the wor�c or from the action of the elements, for any unforeseen defects or obstructions w!�ich may arise or be encountered during the prosecution of the work at any time � � C8-8 (1) before its final acceptance by the Owne:, (exce?t as provided in paragraph CS-5.14) for all risks of whatever des�ription connected with the prosecution of the work, for all expense inc�cred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein soecified, or any and all infringements of patents, trademarks, �opyrights, or other legal reservations, and for co�Qteteing the work in an acceptable manner according to the terms of the Contract Documznts. The payment of any current or partial estimate prior to Einal acce�tance of the work by the Owner shall in no Way constitute an acknowledgment of the acceptance of the work, materials, or eq��ipment, nor in any way prejudice or affect the abligations 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 dP:ects, impe:fection, or damage shall hav2 been discovered on or before the final inspection and accept�nce of work or durinq the one year quaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfactions, or damage, and the Contractor shall be liable to the OwnPr for failure to correct the samz as provided herein. . C9-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and Sth day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done durinq the pr�vious month, or estimate period under the Contract Documents. Not later than the lOth 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 (S�a0.00) in amount, 908 of such estimated sum will be paid to the r_ontractor if the total contract amount is less than S400,000, or 95� of such estimate� sum will be paid to the Contractor if the total contract amount is 5400,000 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 nonp�rishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but Nhich at the the time of the estimate have not bPen installed. (such pay:nent vill be allowed on a basis of 85e of the net invoice value thereof.) T�e `ontractor shall furnish the Engineer such information as he may zequest to aid C8-8 (2) � , him as a guid� in the verification or the preparation of partial estimates. Ir� It is understood that the partial estimate from month to month will be approxima�e only, and all partial monthly estimates � and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken �„ as an admission of the Owner of the amount of work done or of ' its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of �is responsibilities under the Contract Documents. iw� The City reserves the right to vithhold the payment of any mont`�ly estimate if the contractor fails t� perform the work � strictly in accordance with the specifications or provisions of this contract. � C8-8.6 WITHHOLDZNG PAYMENT: Payment on any estimate or estimates may be hPld in abeyance if the performance of the ' con�truction operations is not in accord?nce with the requirements of the Contract Documents. � � �8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Docum�nts shall have been completed and all tequir�ments of the Contract Documents shall have been fulfilled an the part of the Contractot, the Contractor shall notify the Engineer in Writinq that the improvements are ready for the final inspection. The Enqine2r shall notify the appropriate officials of the Owner, will within a reasonable time �nake such f inal 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 there�f, the Engineer vill initiate the processinq of the final estimate and recommend final acceptance of the project and final payment the�for as outlined in C8-8.8 below. c C8-8.8 FINAL PAYMENT: whenever all the improvements provided � for by �he Contcact Documents and all approved modifications therPof 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. � � i All prior estimates upon which payment has been made are subject to necessary corrections or t�visions in the final paym�nt. C8-8 (3) The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that here 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 Contrac:t. The making of tiie 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 ADEOUACY 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 t:�e 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 burd�n of praof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and C8-8 (4) � � R'" pay for any damage to other work resultinq therefrom which shall appear within a period of one year from the date of � final acceptance of the work unless a lonqer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the � contract rahich shall assure the performance of the general guaranty as above outline. The Owner will give notice of observe3 defects with reasonable promptness. �.: C8-8.11 SUBSIDIARY WORK: Any and all wozk specifically � governed by documentary requirements for the project, such as �� conditions imposed by the Plans, the Gener�al Contract � Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of � which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are qeneral items of Work which fall in the category �"" of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF IrlATERIAL: M��terial 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, de pending on field conditions. Payment for miscellaneous � placement of mat2rial r+ill 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: Contzactor shall keep on record a a' copy of all specifications, plans, addenda, m�difications, shop drawings and samples at.the site, in gaod order and �„ annotated to shov all changes made during the construction process. These shall be delivered to Enqineer upon cornpletion oi�the work. � , � :.� -, � � C6-8 t5) PART C 1 �l � � i i 1 � � � �� i� � � i I � 1 � � 0 SECTTON Cl � 1�N'.�ARY CONDITIONS TO STCTION C 0 0 0 � „! � �j SECTION C1: SUPPLE2:ErTA.RY CONDI:ZONS TO SEC':'ION C 4„� A. General These Supplemen�ary Conditions amend or supplement the General Conditions o� the Contract and o�her provisions o� the � Contract Documents as indicated belo��. P=ovisions ��hicn are . not so amended or supplemented remain in �uli force and a�fect. B. Paragraph C3-3.2 shoulc be deleted in its enti�ety und replaced with the following: � � Upon request, Contractor agrees to provide �o owner cor.plete �i� and accurate information �e�arding actual wor}; performed hy a � Minority Business Enterprise (MB�) and/or a Woman 3usiness •. En �e: prise (WBE) on the contract and pa}me�t �?:e� e� ere . �� Contractor further agrees to permit zn audi � and %o� eYa:..ina- tion o� any books, records or files i1: its nossession thz� � �.�ill subs�antiate the actual work perfornec bv an ?�3� and/o� • . 4,BE. Tne misrepresentation o� facts (o•�heY tr.an Z 7Y2C�.'11G27�� misre�resen�.ation) and/o= the commission o= =rauc bv �he �: � Con �racto= will be C'j. iOLT1G5 i Or �ernina �10ri O` LP2 CO:, �� ZC � ' � anc/ or =ni �iating ac �ior. ur.de� appro�= iate � ede= al , s�a �e o= � OCdZ Zch'S O� L'riQ2� 2U�?'OL�� _zLE �ederal, 5�c �e 01' � OC? � + c�.'S �: o r o:di�ances rela:.irg �o ��lse s�a�enen�s;. �u= �he= , a7}� s��ch IZ±.S� 2Di 25@T7:.ZL10T1 � OLhe� �7'lc7'! a negliger.t i«1sre�resa7 �c �10:'i� ' ancJor commission o� �=aud wi� 1 resul� in the Co:,��ac�o= be�ng �� .. � . ceterr�ineci to be ==responsiale and bar�ed �ron partic�pa�=ng � n Ci �.y work = cr a period of tine oT no � iess t��an t��:ree ( 3) � years. C. Part C- General Conditions: C3-3.7 Bonds, the paragraph a`te= sub�arac,raph c. Change the paragraph to _eac as `oilows: � "No sureties will be accepted by the Owner which are a� �.� � the time in defaul� or d��inquer.t on anv bonds or which ' a: e interested in anv li �ication a?ains � the Oc��ne: .?:11 1 bonds shall be rade o7 the fo��:s �urr.is::ec bv the O»�ner . and the surety shai? be accep�able �o -�:� Owner. In order �� To= a surety `.o be acce��able to �he C��v, (1) �he name o� �ne s�retv s'�all be inclu3ec on �he cu�ren� U.S. `_ T_easury Lis� o� ::cce��able Su:e�ies {Ci=cular o7G1, or . (�) the =ure �v rLs � have C2�'_ta �: an� su= p'_us ecua 1�o �en W � � � J -� 7 i -, -, s i Z 3� . times the amount o: the bond. The surety must be licensed to business in the state o� Texas. The amount of the bond shall not eYceed the amount shown on �he Treasury list or one-tenth (1/10) of the total capital and surplus. If reinsurance is recuired, the company writing the reinsur- ance must be authorized, accredited or trusteed to do business in Te>:as." D. Sec�ion C3-8.5 shoulc be dele:.ec� in i�s entirety and replaced c,Tith the following: P�dc�ss�d Partial pay estima es shall be submitted by �ae Con:.rac- tor or prepared y the City on the S�n day and 20th day o� each month t at the work is in progress. The estimz�e shall be 'ed by the City on the lOth day and 25th day respectively. Estimates wil? be paid a�ithin 25 days following the end of the estimate period, less the apnropriate retainage zs set out below. Pa:tial pay es`inates May include accep�able nenperishable materia?s de?ivered to the wo�k place which a�e �o be i7corporated in�o the wor}: as a pernanen� part thereo�, bu� wnicn a� the time o� the nav es�inate have no� been so ins�allen. _f such nateriais are incluaed c��ithin a pav estinete, navmen� shali be based unon S�% or the ne� voice value thereo�. The Co�tracto� �:ill �u_r.is?�. the Engineer such in�ormatien as nav be reasonzbly reaues�ed �o aid in t:�e VE� .i.i.i..Cc �1071 O� i.i:@ UTe*�JZ'_"Z �10T1 Or `�.� �`'.+cV 25 �.1iiiZ �2 . • ^0= COT:�=2iC�5 0= �HSS ��"i2T'1 $��0�00� Z�. ��':e ��r�e 0= -�. execution, re�ainage shail �e ten pe= c�n� (1G%) . Fo= con�racts o� S4G0,000 or no�e a� the �ine o` � e�:ecution, � EL'c.1:72�E sha 11 b� f ive percen :. ( 5 0). Con �ractor 5�7d1� UZ}' SL1bC0:7 �� ZC`�.0: 5 1T1 �CCO= C7 � 1`fl ��'le su�con�rac� agreemen� witnin five (5) bLsiness days after ' �receipt b�� Cont� ac �or of the nar�:nen � by City . Con �rac- to='s �ailure to ma};e the recui�ed payme7ts to subcon- �ractors ldlll Zll�horize the C:l�.�' �.O Wlthhold iL1�L`r'2 bavnents f�0i�1 �i72 COTl�!'ZC�Qi" L'1��2� C0::1�� 1d710E Wl�h L7"'.15 paragraph is acconn��shed. _� i= unce� stooc ��at �:�e na: :.ial pa�� es ��a �es w�ll b� ap��o>:ira�e on�v, and all ca=�ia1 pav es�.ima�es and pa�;,�e^t o� =�mer �.•�.;1 be su'�je�� to co*-rec�ion in �he es�i;,�ate _�^d�_e� �c�low�nc ;.he �iscov��, o: �he r,,;s��}:e -�- r � in an revious estimate. Pa ent of an partial pay Y P Ym Y � estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. � The City reserves the right to withhold the payment of � any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. � E. Part C- General Conditions: Paragraph C3-3.11: Delete subparagraph a. !� F. Part C- General Conditions: Paragraph C3-11: Delete � subparagraph g. � G. Paraaraph C3-3.5 Award of Contract: In the third line of the first paragraph, revise "forty-five (45)" to "sixty (60)". Revise the second paragraph to read as follows: The award of the contract, if an award is made, will be to the lowest and best responsible bidder on each unit individually (See Page B - Summary). LJ ' 1 , 1 � �� i i� -3- lJ J PART D LJ u � 0 l�l L�J �� 11 ,'�I J �•j �!J L�J � t�J l�' l�l Item D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-1 1 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 D-34 TABLE OF CQNTENTS Part D SPECIAL COIVDITIONS Description General Interpretation And Preparation Of Proposal Addenda � Bonds (City Let Projects) Project Designation Right To Audit Minority And Women Business Enterprise Compliance Maintenance Bonds Insurance Indemnification ' Termination Of Contract Acceptance And, Payment Contractor Compliance With Worker's Compensation Law Wage Rates Compliance With Zoning Requirements Examination Of Site Of Work Bid Quantities Copies Of Plans And Specifications Furnished Pre-Project Conference Coordination Meetings Contractors Superintendent Assistance By Engineer Not Used Project Schedule And Sequencing Of Work Substantial And Final Completion Weekend, Holiday And Night Work Notification Of City Existing Utilities Access To Work Water Usage Placing Work In Service Exhibits "A" And "B" Manhole Exposure $anitary Sewer Cleaning Section 1 - Definitions Section 2 - Technical Specifications Section 3 - Contractor's Responsibility Section 4 - Owner's Responsibility Page SC-1 SC-1 SC-2 SC-2 SC-2 SC-3 SC-3 SC-3 SC-3 SC-4 SC-4 SC-4 SC-5 SC-7 SC-10 SC-10 SC-10 SC-10 SC-10 SC-10 SC-10 SC-1 1 SC-1 1 SC-1 1 SC-1 1 SC-1 1 SC-1 1 SC-12 SC-12 SC-12 SC-13 SC-13 SC-13 SC-13 SC-16 SG23 SC-24 u TABLE OF CONTENTS Part D SPECIAL CONDITIONS Item D-35 D-36 D-37 D-38 D-39 D-40 D-41 D-42 D-43 D-44 D-45 D-46 D-47 D-48 D-49 D-50 D-51 D-52 D-53 D-54 D-55 D-56 Description Section 5— Measurement And Payment Point Repair Not Used Crushed Limestone Backfill Contaminated Soil Trench Safety System� For Water Department Projects Only Barricades, Warnings And Flagmen Traffic Control Not Used Not Used Protection Of Trees, Plants And Soils Concrete Sidewalk, Driveway, And Curb And Gutter Replacement 2:27„ Concrete Trench Excavation, Backfill, And Compaction Pavement Repair Topsoil, Sodding And Seeding Site Restoration Safety Standards And Accident Prevention Safety Restrictions — Work Near High Voltage Lines Temporary Erosion, Sediment, And Water Pollution Control Delays Disposal Of Spoil/Fill Material Partial Pay Estimate Pa�e SC-25 SC-26 SC-26 SC-26 SC-27 SC-27 SG28 SC-28 SC-28 SC-28 SC-28 SC-28 SC-29 SC-29 SC-30 SC-31 SC-31 SC-31 SC-31 SC-32 SC-33 SC-34 SC-34 .� LJ � SPECIAL CONDITIONS � D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, effective July 1, 1979, 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. Ll � � � � l�J L�'J � l�J 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. Map Exhibit A 2. Table Exhibit B 3. Contract Documents 4. General Contract Documents and General Specifications The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Documents under the provisions stated above. D-2 INTERPRETATION AND PREPARATION OF PROPOSAL: Part C- General Conditions. Section C2-2 INTERPRETATION OF PROPOSAL. Page C2-2(4) exchange paragraphs C2-2.7. C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be conside,red 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 read aloud the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. � C2.2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to said proposal a 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 O SC-1 was mailed prior to the proposal opening time. If such confirmation is not received within forty- eight (48) hours after the proposal time, no further consideration will be given to the proposal. D-3 ADDENDA: Bidders wanting furtk�er information, interpretation or clarification of the Contract Documents must make their request in writing`to RJN GROUP, INC. at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Contract Documents, or should he be in doubt as to their meaning, he should at once notify RJN GROUP, INC. in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or delivered to each prospective bidder. Th�e bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by RJN GROUP, INC. prior to 24 hours of the opening of bids with the appropriate re�,ognition of addenda so noted in the bid proposal. D-4 BONDS (CITY LET PROJECTS�: Reference Part C. General Conditions. dated November 1, 1987; (city let projects) make the follow changes: Pg. C3-3(3); paragraph C3-3.7A - Other..Bonds: On the sixth line of the paragraph beginning No sureties...delete the words the Citv of Fort Worth. Pa. C3-3(6). paragraph C.3.11g Local Aaent for insurance and Bondinq: delete the entire sub paragraph. Section C-3.7 Delete the following paragraph: 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 litig�tion against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the treasury list for that company. Each bond shall be proper,ly executed by both the Contractor and Sy��-ety Company" . Add the following paragraph in its place: 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 tlie surety shall be acceptable to the Owner. In order for a Surety to be acceptable to the City, (1) othe name of the surety shall be included on the current U.S. Treasury List of Acceptable Suretie,� (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusted to do business in Texas." D-5 PROJECT DESIGNATION: Work under these Special Documents shall be perFormed under the following Fort Worth Water Department Project Designation: CLEANING OF SANITARY SEWE�t MAINS 13'4, 272D & 272D1 R PS46-070460140250 SC-2 IL�J � I� I�I � L�J L�' l�l D-6 RIGHT TO AUDIT: Part C- General Conditions. Section C8-8 MEASUREMENT AND PAYMENT. Page C8-8 (5). add the following: C8-8.14 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall be provided 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. 2. 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 the right to examine any directly pertinent books, subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. 3. Contractor and subcontractor agree to photocopy such documents as follows: A. 50 copies and under - 10 cents per page. a B. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter. liJ �� LJ u � � � l�l � D-7 MINORITY AND WOMEN BUSINESS ENTERPRISE COMPLIANCE Section C3-3.2 shall be deleted in its entirety and replaced with the following: "Upon request, Contractor agrees to provide Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Women Business Enterprise (WBE) on the contract and payment therefor`e. 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 a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three (3) years". � D-8 MAINTENANCE BOND: Reference Part C. General Conditions. delete paragraph 8, C.3-3.7.b. Maintenance Bond in its entirety. D-9 INSURANCE: Section C3-3.1 I: Delete subparagraphs a& g. SC-3 D-10 INDEMNIFICATION: The Contractor agrees to fully indemnify and save whole and harmless, the City and/or Owners of the „units and lots abutting the units in the Contract, from all costs or damages arising out of any real or asserted claim or cause of action against it of whatsoever kind of character and in addition from any and all costs or damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, his agents, servants. and employees. The �ontractor further agrees to comply with all applicable laws, regulations, ordinances, building �nd construction codes of the City of Fort Worth and the State of Texas, and with any regula�ions for the protection of workers which may be promulgated by the government, and shall protect such workers with all necessary lights barriers, safeguards, and warnings as are provided for in said specifications and in the ordinances and regulations of said City. D-11 TERMINATION OF CONTRACT: If the Contractor shall be adjudged bankrupt, or if he should make a general assignment for thie benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen, equipment or proper materials, or if he should fail to make prompt payment to subcontractor or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwis� be guilty of a substantial violation of any provision of the Contract then the Owner upon the certificate of the Engineer that sufficient cause exists to justify such action may without prejudice,to any other right or remedy and after giving the Contractor seven (7) days written notice terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliance thereon and finish the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative �service, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance the Contractor shall pay the difference to the Owr�er as herein provided and the dama�e incurred through the Contractors fault shall be certified by the Engineer. In the event of termination of Contract before completion of the work due to abandonment of the project or discontinuance thereof, the Contractor will be paid in proportion to the work completed and in progress as per scope of work described in the drawings and Specifications and in accordance with the unit price schedule. D-12 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice from the Contractor that the work is ready for final'inspection and acceptance, the Engineer shall promptly make such inspection and when he finds the work acceptable under the Contr`act and the Contract fully performed, he shall promptly issue a final certi�cate over his own signature, stating that the work provided for in this Contract has been completed and is accepted by him under the terms and conditions thereof and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor, as approved by the Owner, at the office of the Owner within 30 days after the date of said final certificate. If, after receipt of written notice from Contractor requesting final inspection and the performance of said final inspection by Engineer, additional inspections are necessary in order for Engineer to issue a final certificate, the Owner shall withhold the cost associated with said additional inspections from the final payment due the Contractor. SC-4 i� Q Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, equipment rentals, and all other indebtedness connected with the work have been paid. f� � l�J � [�l u l�! L�J � L�' � E�' � � � lJ lJ D-13 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: Worker's Compensation Insurance Coverage a. Definitions: Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insured issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entities' employees providing services on a project for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the contractor's/person's w0rk on the project has been completed and accepted by the governmental entity. � Persons providing services on the project ("subcontractor" in 406.096) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities�unrelated to the project such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide covera�e 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 on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the �Contractor's current certificate of coverage ends during the duration of the project, the Contractor must prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so � the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and SC-5 2) no later than seven �ays after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery within ten (10) days after the Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on a proj�ct, to: 1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project: 2) provide to the Contra�tor prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project. 3) provide the Contractor, prior to the end of the coverage, a new certificate of coverage showing extension of coverage if the coverage period shown on the current certificate of coverage ends during the duration of the project: 4) obtain from each other person with vyhom it contracts, and provide to the Contractor: a. a certificate of coverage, prior to the other person beginning work on the � project and; 5) b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period st1'�wn on the current certificate of coverage ends during the duration of the project: retain all required certificates of coverage on file for the duration of the project and for one year thereafter: �� 6) notify the governmental entity in writing by certified mail or personal delivery, within Ten (10) days after the person knew or should have known, of any change that materially�affects the provision of coverage of any person providing services on the project; and �, � SC-6 � I!I � D 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7) with the certificates of coverage to be provided to the person for whom they are providing services. L1 l�' L�J � � C �J j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage -insured, with the commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 2. 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 Workers Compensation Commission rules. This notice must be printed with a title 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. REQUIRED WORKERS' COMPENSATION COVERAGE � The law requires that each person working �n this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes person providing, hauling, or delivering equipment or materials or providing labor or 0 transportation or other service related to the project, regardless of the identity of their employer or status as an employee. D Call the Texas Workers' Compensation Commission at 1-512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. L � � L�J � D-14 WAGE RATES: The labor classification and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any sub-contractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. Refer to page SC-8 for current wage rates. SC-7 CITY OF FORT WORTH. HIGHWAY CONTRUCTION PItEVAILING WAGE RATE FOR 1999 CLASSIFACTION AIlt TOOL OPERATOR ASPHALT RAKER ASPHALT SI-iOvELER BATCHNG PL,4��1T WEIGHER CAR.PENTER CONCRETE FII�IISHER-PAVING CONCRETE FIMSHER-STRUCNRES CONCRETE RUBBER ELECTRICIAN FLAGGER FORM BUII.DER-STRUCTURES FORM LINER-PAVING & CURB • FORM SE'ITER-PAVII�iG & CURB FORM SET'I'ER-STRUC'IURES LA.BORER-COMMON LABORER-UTII.ITY � MECHArTIC OII.ER SERVICER . � PAINTER-STRUC'T�JRES � PIPE LAYER BLASTER ASPHALT DISTRIBUTOR OPERATOR ASHPALT PAVII�IG MACHII�TE BROOM OR SWEEPER OPER.ATOR BULLDOZER CONCRETE CURING MACHINE CONCR�`iE FIIVISHING MACHINE CONCRETE PAVING JOINT MACHINE CONCRETE PAVING JOINT SEALER COvCRETE PAVING SAW CONCRETE P�VING SPREADER SLIPFOR��f �L�CHINE OPER.ATOR CiZ.�,�'E, CL�.�iSHELL, BACKHOE, DERRICK,,DRAGLINE, SHOVEL FOUND.�TIOv DRILLOPER.ATORCRAWLER�vIOUNTED FO�'�ID.�TIO� DRILL OPERAT'OR TRUCK MQUNTED �RO�+G C�� LOADCR itillLL(til� �t.-�CH1�iC OPERATOR �i«Ex `1uTOR GEZ.�DER OPER�TOR FIiv'E GRA.DE �t��i'OR GEL�DE O('CR�TOR • HOURLY RATE 59.00 9.5 5 8.80 11.51 10.30 10.50 9.83 s.sa 15.37 7.55 9.83 9.00 9.24 9.09 7.32 8.94 12.68 10.17 9.41 11.00 8.98 11.50 10.29 10.30 8.72 10.74 9Z5 11.13 I0.42 9.00 10.39 10.50 9.92 I t :04 10.00 1 1.33 �.9G 8.G2 10.30 1 l .97 l 0.9G SC-8 � L L;J �il CITY OF FORT WORTH HIGHWAY CONTRUGTION u � CLASSIFACTION PREVAILING WAGE RATE FOR 1999 PAVEMENT MAR�CING MACHIlVE D ROLLER, STEEL WHEEL PLAN'T-MIX PAVEMENTS ROLLER, STEEL WHEEL OTHER FLATWF�EL OR TAMPING ROLLER, PNEUMATIC, SELF-PROPELLED SCR.APER � SCRAPER TRAGTOR-CRAWLER TYPE TRACTOR-PNEUMATIC o TRAVELING MIXER WAGON-DRILL, BORING MACHINE REINFORCING STEEL SETTER PAVIlVG REINFORCING STEEL �� i i�x STRUCTURFS a STEEL WORKER-STRUCTURAL SPREADER $OX OPERATOR - . WORK ZONE BAR.RICADE Q TRUCK DRIVER-S]NGLE AXI.E LIGHT TRUCK DRNER-SINGLE AXLE HEAVY TRUCK DRIVER-TANDEM A3�.E SEMI TRAILER Q TRUCK DRIVER-LOWBOY/FLOAT TRUCK DRNER-TRANSTT MD{ TRUCK DRNER-WINCH D VIBR.ATOR OPERATOR-HAND TYPE WELDER � C�� L�J � Ll HOURLY RATE 7.32 9.06 8.59 8.48 9.63 10.58 9.15 8.83 12.00 13.21 13.31 14.80 10.00 7.32 8.965 9.02 8.77 10.44 9.47 9.00 7.32 11.57 a S�_9 D-15 COMPLIANCE WITH ZONING REQUIREMENTS: The Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property, for storage purposes. � D-16 EXAMINATION OF SITE OF WORK: It is the obligation of the bidder to examine carefully the site of the proposed wor4cto ascertain for himself all the facts concerning conditions therein, including all physical characteristics above on and below the surface of the ground: to inform himself be independent research of the difficulties to be encountered and judge for himself the accessibility of the work arid all other circumstances affecting the cost of doing the work; or the time requires for its completion: and the bidder agrees to this obligation in signing the proposal. No guarantee is made as to their accuracy or completeness. The Owner assumes no responsibility whatsoever with respect to ascertaining for the bidder such facts covering physical characteristics at the site of the work. The bidder agrees that, if awarded the contract, he shall make no claim for, and will have no right to, additional payment or extension of time for completion of the work; or any other concession because of any failure on his part to fully acquaint himself with all conditions relating to the work. The bidder shall rely exclusively upon his own estimate, investigation and evaluation of site conditions. D-17 BID QUANTITIES: Bid quantities of the various items in the Proposal are for bid comparison only and may not reflect tFre 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. In anticipation that certain quantities may increase or decrease, the Contractor shall not submit unit prices for those items that are higher or lower than would normally be bid and thereby creating an unbalanced bid. The City reserves the right to reject any bids which, in their opinion, are unbalanced (see C2-2.5). D-18 COPIES OF PLANS AND SPECIFICATIONS FURNISHED: Three (3) sets of plans and specifications shall be furnished to the s'uccessful Contractor at no charge for purposes of conducting the work. Additional sets may be obtained from the Engineer at the cost quoted in the "Detailed Notice to Bidders." D-19 PRE-PROJECT CONFERENCE: After the project work order is issued, and within 5 working days, a pre-project conferenc� shall be held with representatives of the following agencies present: City Water Departm�nt, other interested City Departments (such as Traffic), interested utility companies (such as gas. telephone. and electric), City's Consulting ENGINEER and the successful CONTRACTOR. D-20 COORDINATION MEETINGS: For coordination purposes, meetings at the job site may be required to maintain the project on the desired schedule. The Contractor's Superin'tendent as outlined in Paragraph D-21 shall be present at all meetings. D-21 CONTRACTORS SUPERIN�TENDENT: The CONTRACTOR shall keep a competent Superintendent and any necessary assi'stants at the site throughout the progress of the work. All directions given to said Superintendent shall be as binding as if given to the CONTRACTOR. Upon request, such directions will be confirmed, into writing to th� CONTRACTOR. CONTRACTOR shall provide a local/ toll free fax number and a local / toll free telephone number that provides direct access to the Superintendent and/or his assistants on-site through a pager and/or mobile telephone during normal working hours. All local number shall have area code (817). SC-10 � ��J l�1 � � � l�l � D-22 ASSISTANCE BY ENGINEER: It is distinctly understood and agreed that such assistance as the ENGINEER may render to the CONTRACTOR in connection with the interpretation of drawings and Specifications shall not relieve the CONTRACTOR from any responsibility for the work. Any work proved�faulty shall be made right by the CONTRACTOR without delay. The failure of the ENGINEER or his inspectors to call the CONTRACTOR'S attention to faulty work or work done which is not in accordance with Drawings and Specifications shall not prevent the OWNER from insisting the CONTRACTOR make all work right. The OWNER and ENGINEER work together to represent the intentions of the City of Fort Worth Water Department. CONTRACTOR shall inform both OWNER and ENGINEER of the interpretations and explanations of specifications provided by OWNER or ENGINEER. CONTRACTOR shall not knowingly withhold such information for the purpose of receiving a more favorable interpretation. D-24 PROJECT SCHEDULE AND SEQUENCING OF WORK: The CONTRACTOR shall , plan his work to comply with the following schedule: Phase I Complete within 45 calendar days after notification by the City. Phase II Do not start until notified by the City. Complete within 90 calendar days after notification by the City. The Contractor shall begin the work on Phase I, then proceed to Phase II upon notification by the City. • All work in Phase I shall be complete within 45 calendar days from the date of notification to Q Proceed by the City. Work inePhase 11 will not begin until notified by the City. All work for Phase II shall be finished within 90 calendar days from the date of notification to proceed by the City. OD-25 SUBSTANTIAL AND FINAL COMPLETION: � PHASE I- All work in Phase I shall be complete within 45 calendar days from the date of notification to Proceed by the City. All successful cleaning and inspections shall be complete by the date for substantial completion. � � L] LiJ PHASE II- Work in Phase II will not begin until notified by the City. All work for Phase II shall be finished within 90 calendar days from the date of notification to proceed by the City. All successful cleaning and inspections shall be complete by the date for substantial completion. D-26 WEEKEND, HOLIDAY AND NIGHT WORK: Requests to work on weekends, Holidays, or Night work must be submitted to the ENGINEER forty-eight (48) hours before the work is to be done. Night work; (between the hours of 7:00 p.m. and 7:00 a.m.) shall be. authorized by the ENGINEER only when flow conditions inhibit the normal work of the CONTRACTOR during daytime hours. D-27 NOTIFICATION OF CITY: The CONTRACTOR shall notify the Water Department Field � Operations Division at fax numbers (871-8382) by 7:00 AM, each work day, to inform Field Operations of the work locations for that day. If the CONTRACTQR intends to work at night (7:00 P.M. to 7:00 A.M.) or on weekends, notification shall be given at least 48 hours in advance. a � SC-11 Repeated failure to notify OWNER of work locations may result in stoppage of work and review by OWNER regarding contract compliance prior to resumption of work. D-28 EXISTING UTILITIES: 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 operations. CONTRACTOR shall make all necessary provisions for the support, protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and any other utilities and structures both above and below ground during operations. The CONTRACTOR is liable for all damages done to such existing facilities as a result of his operations and any and all costs incurred for the protection and/or temporary relocation of such facilities shall be subsidiary to the contract amount. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. � Where existing utilities or service lines are cut, br�ken or damaged, the CONTRACTOR shall replace or repair the utilities or service I't,nes with the same type of original material and construction or better unless otherwise s�own 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 th� Owners of all utilities to locate existing underground facilities and notify the ENGINEER at once of any conflicts in grades and alignments. In case it is necessary to change or move the property of any owner of a public utility, such prope�ty shall not be moved or interfered with until ordered;to do so by the ENGINEER. The right is reserved to the Owner of public utiliti�s 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-29 ACCESS TO THE WORK: Some of the sanitary sewer line segments scheduled for cleaning in the project are located on private property, Tarrant County Water Development Board, and or Union Pacific Railroad property. Access to these manholes is generally provided �by existing easements and/or right-of-ways: however, the legal access may be covered with private improvements such as fences, landscaping, outbuildings, etc. In such cases the CONTRACTOR shall work with the landowner to find alternative methods of access and obtain a signed agreement which outlines the method . Provisions of all agreements for replacement of removed or damages private property relative to the alternate access meth,od shall be the responsibility of the CONTRACTOR. In the event an agreement cannot be reached, the OWNER shall be notified to serve as arbitrator. In the event an agreement still"cannot be reached, the CONTRACTOR shall proceed with the work using the legal access provided. Private improvements located on the legal access shall be removed as required by the CONTRACTOR at his expense. In such cases the CONTRACTOR shall minimize the damage to private property and shall make every effort to work with the landowner. CONTRACTOR shall also be responsible for the replacement of the private improvements on the legal access in as good or better condition as was found. Replacement shall be in kind or better. Copies of all signed agreements and proposed but unsigned agreements shall be provided to the ENGINEER. D-30 WATER USAGE: Water usage by the CONTRACTOR for the purpose of sewer line cleaning shall be taken from approved fire hydrants via a 2" meter obtained by the CONTRACTOR from the OWNER. The meter shall be used only on this project. One fire SC-12 [� hydrant wrench will be issued with each 2" meter. The deposit for the fire wrench is the D responsibility of the CONTRACTOR. Only fire hydrant wrenches or open ended wrenches may be used on fire hydrant operating nuts. u � � L�J l■�1 LJ �� D-31 PLACING WORK IN SERVICE: Since all work is involved with existing facilities, service associated with the structure being addressed shall be maintained at all times. D-32 EXHIBITS "A" AND "B": The sanitary sewer line segments to be cleaned under this contract and the Proposal are specifically shown in Exhibit portion of these specifications. This exhibit comprises the work included in the Sanitary Sewer M-272D1 R, M-272D and M-134 (Phase I and Phase II). Contractor shall refer to Exhibit B for a listing of lines to be cleaned, however actual segment station numbers, lengths, and diameters shall be field verified. D-33 MANHOLE ��CPOSURE: When it is necessary to expose manholes in unpaved areas or under asphalt the CONTRACTOR shall expose the manholes in order to have access for line or manhole cleaning. The CONTRACTOR shall notify the OWNER and ENGINEER of any manholes thus exposed. Manhole exposure less than one (1) inch deep in asphalt or less than twelve (12) inches deep in unpaved areas shall be incidental to the project. Exposure of manholes buried more than twelve (12) inches deep under unpaved areas or more than one (1) inch in paved areas shall qualify for payment. Payment shall be made at the unit price bid for Manhole Exposure. D-34 SANITARY SEWER CLEANING: SECTION 1 DEFINITIONS: AVAILABLE WATER: Water necessary for the perFormance of work, which may be taken from the fire hydrant nearest to the work site within City of Fort Worth, given conditions of traffic and terrain are compatible with the use of the hydrant for performance of work. See C6-6.16 of the General Conditions, Part C. Q BUILDING SEWER: The conduit that connects building wastewater sources to the public or street sewer including lines serving homes, public buildings, commercial establishments, and industry structures. Referred to also as building lateral or service lateral. [iJ C�� LJ BYPASS: An arrangement of temporary pumps, piping and valves whereby the flow is pumped around a sewer line segment hydraulic structure or appurtenance. BYPASS PUMPING: The transportation of sewer flows around a specific sewer pipe/line section or sections via a conduit for the purpose of controlling sewer flows in the specified section or sections without flowing or discharging onto public or property. CHANGE ORDER: A written order to the CONTRACTOR authorizing an addition, deletion or revision in the work within the general scope of work of the agreement, or authorizing an adjustment in the agreement price or agreement time. COLLECTOR SEWER: A sewer located in the public right-of-way or easement that collects the � wastewater discharged through building sewers and conducts such flows into larger interceptor sewers and pumping and treatment works. Referred to also as'main sewer" or "lateral ". � � CONTRACT DOCUMENTS: See C1-1.: and C1-1.10 of the General Conditions. Part C. SC-13 CONTRACTOR: See C1-1.20 of the General Conditions. Part C. CREW: The number of persons required for the performance of work at a site as determined by the CONTRACTOFt in response to task difficulty and safety considerations,at the time or location of the work. DEBRIS: Soil, rocks, sand, grease, roots, etc.; in a sewer line excluding items mechanically attached to the line such as protruding service connections, protruding pipe, joint materials and the like. EASEMENT: A liberty, privilege, or advantage without profit that the OWNER of one parcel of land may have in the land of another. In this agreement, all land other than public streets in which the OWNER has sewer system lines or installations and right of access to such lines or installations. EASEMENT ACCESS: Areas within an easement to which access is required for performance of work. ENGINEER: See C1-1.19 of the General Conditions. Part C. EXISTING LINEAR FEET: The total length of existing sewer pipe in place within designated sewer systems as field measured from center of manhole to center of manhole. FLOW CONTROL: A method whereby normal sewer flows or a portion of normal sewer flows are blocked, retarded, or'bypassed within certain areas of the sewer collection system. HEAVY CLEANING: Mechanical sewer cleaning will be performed after the ENGINEER determines that the line has not been ad�quately cleaned by normal cleaning methods. The CONTRACTOR may be directed by the ENGINEER or OWNER to perform heavy cleaning if the line is still not adequately clean after three (3) slow passes have been completed according the these specifications. Heavy cleaning shall be pertormed on a line segment until the ENGINEER determines the line is clean or that the line will be damaged by further cleaning. The CONTRACTOR may use hydraulic methods for heavy cleaning if approved by the ENGINEER. HYDRAULIC CLEANING: Techniques and methods used to clean sewer lines with water. e.g. water pumped in the form of a high velocity spray and water flowing by gravity or head pressure Devices include high-velocity jet cleane�§, cleaning balls, and hinged disc cleaners. INFILTRATION: The water entering a sewer system, including building sewers, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include and is distinguished from inflow. INFLOW: The water discharged into a sewer system, including building sewers from such sources as roof leaders, cellar, yard, and area drains, foundation drains, cooling water discharge, drains from springs and swamps areas, manhole covers, cross connections from storm sewers, combined, sewers, and catch basins, storm waters, surface runoff, street wastewater'or drains. Inflow does not include and is distinguished from infiltration. INSPECTOR: The OWNER'S or ENGINEER'S representative responsible for inspection and acceptance, approval, or rejection of work; performed as set forth in these specifications. SC-14 �� L�. � � L�'J INTERCEPTOR SEWER: A sewer that receives the flow from collector sewers and conveys the wastewater to treatment facilities. INTERNAL PIPE INSPECTION: The television inspection of a sewer line section. A Closed Circuit N(CCN) camera is moved through the line at a slow rate and a continuous picture is transmitted to an above ground monitor, and recorded on videotape. INVERT: The floor, bottom or lowest point of a conduit. INVERT ELEVATION: The elevation of the lowest portion of a liquid carrying conduit such as a sewer, that determines the hydraulic gradient available for moving the contained liquid. JOINTS: The means of connecting sectional lengths of sewer pipe into a continuous sewer line using various types of jointed materials. The number of joints depends on the lengths of the pipe sections used in the specific sewer construction work. LINE SEGMENT: The length of sewer pipe connecting two manholes, also referred to as manhole section. LINEAR FOOT: Being one foot in these specifications used to denote the unit of ineasurement relating to the length of a sewer line. MAJOR BLOCKAGE: A blockage (structural defect, collapse, protruding service connection, debris) that prohibits manhole manhole cleaning or TV inspection. MECHANICAL CLEANING: Methods used to clean debris from sewer lines mechanically with � devices such as rodding machines, bucket machines, root saws, winch pulled brushes, etc. May also include hydraulic root cutters and other hydraulic tools, if approved by the ENGINEER. LiJ � u � LJ LJ [� LJ L�1 NORMAL CLEANING: Sewer cleaning by hydraulic or mechanical means performed by making three (3) slow passes with the cleaning equipment. OVERFLOW: (1) The excess water that flows over the ordinary limits of a sewer manhole or containment structure. (2) An illegal outlet pipe or receptacle for the excess water. OWNER: The City of Fort Worth. PASS: The movement of operating cleaning equipment from the upstream end of the line segment to the downstream end at a velocity not exceeding 60 feet per minute. POINT REPAIR: A short pipeline repair made for the purpose of extracting cleaning equipment or N cameras from the sewer line. SANITARY SEWER: A pipe intended to carry only sanitary or sanitary and intlustrial wastewater from residences, commercial buildings, industrial parks and institutions. SEWER CLEANING: The utilization of inechanical or hydraulic equipment to dislodge, transport and remove debris from sewer lines and manholes. SEWER PIPE: A length of conduit manufactured from various materials and in various lengths, that when joined together can be used to transport wastewater from the points of origin to a treatment facility. SC-15 SITE: Any location where work has been or will be done. SITE ACCESS: An adequately clear area of a size su�cient to accommodate personnel and equipment required at the location where work is to be pertormed, including roadway or surtace sufficiently unobstructed to permit conveyance of vehicles from the nearest paved roadway to the work location. STREET ACCESS: Areas normal used for public vehicular traffic (including roads, streets, or rights-of-way) to which safe access is required for performance of work. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the CONTRACTOR or with a lower-tier subcontractor for perFormance of part of part of the work. SURCHARGE: When the sewer flow exceeds the hydraulic carrying capacity of the sewer line. SURCHARGE CONDITION: When the sewer flow depth equals or exceeds the diameter of the discharging sewer line. SWALE (DIP, SAG): A significant deviation in pipe grade such as to cause entrapment of solids. Semi-solids and liquids thereby impedimg the accuracy and/or effectiveness of flow measurements, cleaning and internal inspection. SANITARY SEWER CLEANING: SECTION 2- TECHNICAL SPECIFICATIONS DIVISION 1- SCOPE OF WORK 2.1.1. The work required by the project shall consist of furnishing all labor, materials, equipment, and supervision, and pertorming all work necessary to clean and internally televise the designated sanitary sewer lines in accordance with these Technical Specifications. The work shall consist of performing the following work tasks where specified: Sewer Line Cleaning Manhole Cleaning Sewer Flow Control Television Inspection 2.1.2. The area of work shall be at those locations indicated in Exhibit A(MAP) DIVISION 2 - GENERAL 2.2.1. SEWER LINE CLEANING shall b� performed with hydraulically propelled high-velocity jet, or mechanical powered equipment. Sele�tion of equipment shall be based on field conditions such as access to manholes, type and quantity of debris to be removed, size of sewer, and depth of flow. Selected equipment shall be evaluated and approved by ENGINEER. 2.2.2. SEWER FLOW CONTROL shall be performed as required to comply with these specifications (see SEWER FLOW CONTROL} 2.2.3. TELEVISION INSPECTION shall be required to reveal and document sewer line conditions and cleaning results. SC-16 C� 2.2.4. The CONTRACTOR shall warrant to the OWNER and/or his ENGINEER a O warranty any and all claims from infringement of patents and shall save harmless the OWNER and his Representative from loss on account thereof. � � � � � DIVISION 3- SEWER AND MANHC)LE CLEANING 2.3.1 INTENT: The intent of sewer cleaning is to remove foreign materials from the line segments and manhole walls, benches and inverts. Since the success of the other phases of work depends on the cleanliness of the lines, the importance of this phase of the operation is emphasized. It is recognized that there are some conditions such as broken pipe and major blockages that prevent adequate cleaning from being accomplished or where additional damage would result if cleaning were attempted or continued. Should such conditions be encountered. the CONTRACTOR will not be required to clean those specific sections as directed by the ENGINEER. Foreign matter including but not limited to grease, debris, mud, rock and sand shall be removed from the pipelines and manholes. High-velocity hydraulic cleaning equipment may be used to remove the foreign material from the manhole walls. 2.3.2. PRE AND POST-SEWER CLEANING NOTIFICATION: The success of the Fort Worth Q Water Department Cleaning Program is dependent of the cooperation of all customers affected. The following are the requirements for notifying affected customers of cleaning activities. All procedures must be followed. L�� A notice ("flyer") in English and Spanish shall be provided to each residence and business a minimum of two (2) full working days prior to cleaning in the area. The Pre-Cleaning Notification flyer will inform the occupants of the purpose of the work, what might possibly occur, and telephone numbers to call in case of questions or problems. The master flyer for Pre-Cleaning Notification will be provided to the Contractor for use in making all necessary copies of flyer on white paper for distribution to residences and businesses. 2. CONTRACTOR shall on a daily basis document of all distribution of flyers. Documentation at a minimum shall include map showing areas notified, date, and name of person completing the notification. � 3. CONTRACTOR shall provide additional notification of all residences and businesses possibly affected by Shallow Line Step Cleaning by going door-to-door immediately prior to starting the cleaning operations. � � LJ L L+�J LJ 4. CONTRACTOR shall provide Post-Cleaning Notification in English and Spanish of all residences and businesses after all work in an area is completed. The master flyer for Post-Cleaning Notification will be provided to the Contractor for use in making all necessary copies of flyer on white paper for distribution to residences and businesses. Documentation of the Post-Cleaning Notification shall be provided using the same procedures as outlined in item (2) above. 5. CONTRACTOR shall schedule work to `be completed within five (5) working days from the day notices are distributed. Should the work not be completed in the notified area before the end of 5 working days, the area will be re-notified. SC-17 2.3.3 CLEANING EQUIPMENT All equipment used by the contractor for cleaning of sewer lines must be inspected by The City of Fort Worth Pre-Treatment Division. Contact Gloria Trevino at 871-8305 for scheduling of inspections. HIGH-VELOCITY JET (HYDROCLEANING) EQUIPMENT: All high- velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The CONTRACTOR shall have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 10 to 45 degrees in all size lines designated to be cleaned. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. For normal cleanin� of sewers from 6 inches to 15 inches in diameter, pumps shall be capable of maintaining a minimum operating pressure of 1,500 p.s.i. For sewers 18 inches in diameter or greater a mini�num operating pressure of 2,300 p.s.i. is required. Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flow from a fine spray to a solid stream. 2. HYDRAULICALLY PROPELLED EQUIPMENT: The equipment used shall be of a movable dam type and be constructed in such a way that a portion on of the dam may, be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment that cannotlbe collapsed are used, special precautions to prevent flooding of the sewers and public or private property shall be taken by the CONTRACTOR. Damages or claims resulting from.backups and flooding, shall be the responsibility of the CONTRACTOR. 3. MECHANICALLY POWERED EQUIPMENT: Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines will be belt operated or have an overload device. machines �vith direct drive that could cause damage to the pipe will not be allowed. A power rodding �machine shall be either sectional or continuous rod type capable of holding a minimum �if 750 feet of rod. The rod shall be specifically heat- treated steel. To ensure safe operation the machine shall be fully enclosed and have an automatic safety clutch or relief valv;e. Mechanically powered equipment shall only be used when authorized by the ENGINEER�and shall be done only when other cleaning methods are shown to be ineffective. 2.3.4 CLEANING PRECAUTIONS: During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equi�ment. When hydraulically propelled cleaning tools (that depend upon water pressure to provide their cleaning force) or tools that retard the flow in the sewer line are used, precautions shall be taken by the CONTRACTOR to ensure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. � When additional water from fire hydrants is necessary to avoid delays in normal work procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant or as restricted by the OWNER. The CONTRAGTOR shall be responsible for any damage caused by his actions during this project. SC-18 C�� 2.3.5 NORMAL SEWER CLEANING: For Normal Cleaning the designated sewer line segments � shall be cleaned using hydraulically propelled, high-velocity jet equipment. Manholes at each end of the line segments being cleaned shall also be cleaned and all debris shall be removed. , Selection of the equipment used shall be based on the conditions of lines at the time the work � commences. The equipment and methods selected shall be satisfactory to the ENGINEER. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions f�om the sewer lines and manholes. u � � C� �� L+�] � �J l!�' � � t�] � � If normal cleaning is not satisfactory, the ENGINEER may direct the CONTRACTOR to perform heavy cleaning. If successful cleaning cannot be perFormed or the equipment fails to traverse the entire line segment, it will be assumed that a major blockage exists and the cleaning effort shall be suspended and Water Department/Field Operations shall be notified. The CONTRACTOR shall provide an observer at the upstream manhole during all pass to ensure that the entire line segment is cleaned on subsequent passes. The CONTRACTOR shall provide a mechanism to prevent debris from moving downstream from the line segment being cleaned. The CONTRACTOR shall clean the upstream manhole prior to cleaning the line segment. 2.3.6 HEAVY CLEANING: Segments that contain heavier than normal amounts of debris, or that can not be adequately cleaned using the Normal Cleaning Method may be selected for Heavy Cleaning. Segments selected for Heavy Cleaning shall be approved by the OWNER or ENGINEER. The OWNER or ENGINEER may also select segments for Heavy Cleaning. 2.3.7 : Not Used Heavy Cleaning shall be a supplemental means of removing debris and cleaning, and shall be used in addition to Normal Cleaning. The method�of Heavy Cleaning for each segment shall be based on site conditions and shall be approved by the ENGINEER'S or OWNER'S Representative. CONTRACTOR may use hydraulic methods for heavy cleaning if approved by the ENGINEER. All precautions required for Normal Cleaning shall apply to Heavy Cleaning. Heavy Cleaning shall continue until the ENGINEER determines the line is clean or that further work may damage the pipe. ' 2.3.8 ROOT REMOVAL: Roots shall be removed in designated sections where root intrusion is a problem and shall be considered part of heavy cleaning procedures. Special attention should be given during the cleaning operations to ensure complete removal of roots from the joints. Procedures may include the use of inechanical equipment such as rodding machines, bucket machines and winches using root cutters and porcupines, and equipment such as high-velocity jet cleaners. N inspection during root removal at CONTRACTORS request is subsidiary to Heavy Cleaning, and no additional payment will be allowed. 2.3.9 GREASE REMOVAL: Grease shall be removed in designated sections where grease is a known problem and shall be considered part of heavy cleaning procedures. Special attention should be given during the cleaning operations to ensure complete removal of grease from the top of the pipe. Procedures may include the use of inechanical equipment such as rodding SC-19 machines, bucket machines and winches using root cutters and porcupines, and equipment such as high-velocity jet cleaners, hot water,� and EPA approved chemical degreasers. TV inspection during grease removal at CONTRACTORS request is subsidiary to Heavy Cleaning, and no additional payment will be allowed. 2.3.10 MATERIAL REMOVAL: All sludge, dirt, sand, rocks, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at either the upstream or downstream manhole of the section being cleaned. Passing material from line segment to line segment shall not be permitted. � 2.3.11 DISPOSAL OF MATERIALS: All solids or semi-solids resulting from the cleaning operations shall become the property of CONTRACTOR and shall be removed by the CONTRACTOR from the sewer and disposed of at a location approved by the OWNER. All materials shall be removed from the site no less often than at the end of each workday. Under NO circumstances will the CONTRACT'OR be allowed to accumulate disposal material on the site of work beyond the stated time, except in totally enclosed containers and as approved by the ENGINEER. The CONTRACTOR'S trucks shall have permits in accordance with all applicable State and Local regulations. CONTRACTOR shall provide OWNER and ENGINEER with a detailed plan for disposal of material removed from the sanitary sewers. This plan shall include but will not be limited to, name and address of disposal site and vehicle permit numbers. 2.3.12 REMEDIATION OF B�ACKUP��INTO BUILDINGS a) Backups into buildings that occur during cleaning or other operations shall be remediated using the services'of a local firm specializing in cleaning and disinfecting residences and businesses. The firm used by the CONTRACTOR shall be approved prior to issuance of Notice-to-Proceed, and shall provide a protocol that will be implemented for various scenarios that may occur. b) Upon discovery that backup has occurred, the CONTRACTOR will immediately notify the Water Department Field Representative who will investigate the incident. Contractor shall dry up the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area. Cleaning service firm shall be at the customer site within three hours of notification of backup occurrence, or otherwise scheduled by customer. All communication will be through the Water Department Field Representative. c) Documentation shall be provided of remediation provided. Should customer refuse the remediation services, CONTRACTOR shall provide a business card and contact name should customer want to schedule remediation at a later date. Refusal of remediation services shall be documented by CONTRACTOR 2.3.13 FINAL ACCEPTANCE: Accept�nce of sewer line cleaning shall be made upon the successful completion of cleaning and shall be to the satisfaction of the ENGINEER. If CCTV inspection shows the cleaning to be unsatisfactory, the CONTRACTOR shall be required to re-clean and CCTV inspect the line segment until the cleaning is shown to be satisfactory, at no cost to the Owner. Heavy cleaning may be authorized by the ENGINEER where normal cleaning methods specified herein have been proved inadequate. Final acceptance of manholes cleaned by the CONTRACTOR shall be made by the ENGINEER. based on visual inspection of the manholes. SC-20 � � t!J � [�J LJ � L�!'] � � � � L+�J C�� lsJ �, � � DIVISION 4- SEWER FLOW CONTROL 2.4.1 MAXIMUM ALLOWABLE FLOW DEPTH: When sewer line depth of flow at the upstream manhole of the line segment being worked is above the maxim�m allowable for television inspection or as specified by the ENGINEER, the flow shall be reduced to the level specified in Division 4 by operation of pumps, temporary plugging or blocking of the flow or by pumping and bypassing of the flow as specified. Depth of flow shall not exceed 38% of the diameter of the pipeline televised. � 2.4.2 Not Used 2 4.3 PUMPING AND BYPASSING: When pumping and bypassing is required to avoid potential backups or surcharging, the CONTRACTOR shall supply all necessary pumps. conduits. and other equipment to divert the flow of wastewater around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing flow plus additional flow that may occur during rainfall events. The CONTRACTOR will be responsible for furnishing the necessary labor and supervision to set up, opera�e, and maintain the pumping and bypassing system. If pumping is required on a 24-hour basis, ei gines and motors shall be equipped in a manner to keep noise to a minimum. , 2.4.4 FLOW CONTROL PRECAUTIONS: When flow in a sewer line is plugged blocked, or bypassed, sufficient precautions must be taken to protect the sswer lines from damage that might result from sewer surcharging. Under no circumstances will overflows be permitted by the CONTRACTOR. Further precautions must be taken to ens�re that sewer flow control operations do not cause flooding or damage to public or private propetty being served by the sewers involved. The CONTRACTOR shall be solely liable for damages due backups overflows or system bypasses that result from the Contractor's negligent work activities related to this project. DIVISION 5- POST-CLEANING TELEVISION INSPECTION 2.5.1 INTENT OF TELEVISION INSPECTION: After cle�nin�, all line segments shall be visually inspected by means of a closed circuit colo'r television camera. The purpose of the television inspection work shall be to ensure that the cleaning work completed by the CONTRACTOR meets the intent of these specifications and documents the structural condition of the pipe. The equipment shall allow for a complete, front-view inspection of the service or tap connection from the main sewer. The inspection will be done one line segment at a time and the flow in the segment being inspected will be suitably controlled as specified (see Sewer FLOW CONTROL). 2.5.2 Not Used 2.5.3. TELEVISION INSPECTION PROCEDURES: The television camera used for the inspection shall be •one specifically designed and construc,ted for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera lens shall have not less than a 65 degree viewing angle and shall have either automatic or remote focus and iris controls. The camera shall be capable of spanning 360 degrees in the vertical axis and 270 degrees on the horizontal axis. The camera shall be equipped with at IeaSt 1,500 ` of camera cable and have pan and tilt capabilities to allow up close and right angled 7nspections of defects and other significant observations. The camera, television monitor, and other components of the video system shall be capable of producing picture quality in color to the satisfaction of the OWNER'S Representative or the ENGINEER and if unsatisfactory, no payment shall be made. SC-21 The camera shall be moved through the line from the upstream manhole at a moderate rate, stopping when necessary to permit proper audio and written documentation of cleanliness of the pipe and any visible defects. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, N cable, powe�ed rewinds, or other devices that do not obstruct the camer� view or interfere with proper documentation of the sewer conditions shall be used to move the camera through �the sewer line. If during the inspection operation the television camera will not pass through the entire line segment due to obstructions which could not be removed during heavy cleaning, the CONTRACTOR shall set up his equipment so that the inspection can be performed from the opposite manhole. If again .the camera fails to pass through the entire manhole section the inspection shall be considered complete and the ENGINEER shall be notified. The image shown shall be clear and shall show defects and/or service connections in the pipe. When manually operated winches are used to pull the television camera through the line. telephones or other suitable means of �ommunication shall be set up between the two manholes of the section being inspected to ensure adequate communications between members of the crew. 2.5.4 DISTANCE MEASUREMENT: The importance of accurate distance measured is emphasized. Measurement for location of defects shall be above ground by means of a distance measuring device as approved by the ENGINEER. Marking on the cable or the like that would require interpolation for depth of manhol� will not be allowed. Accuracy of the distance meter may be reviewed and approved by the OWNER or ENGINEER for each line segment that has been properly cleaned and televised. 2.5.5 DOCUMENTATION OF TELEVISION INSPECTION: Documentation of the television inspection results shall be as follows: a) TELEVISION INSPECTION LOGS: Printed location records shall be provided by the ENGINEER and shall be kept and maintained by the CONTRACTOR. An example form is provided in Part E and made part of these specificcyaations These shall clearly show the stationing location in relation to the upstream manhole of each observation during the inspection points of significance such as locations of building sewers. 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 wild be supplied to the OWNER and ENGINEER. Observations shall be recorded by the CONTRACTOR on field forms provided by the ENGINEER. The CONTRACTOR shall provide an intelligible audio description in English of each observation including the location of the line segment at the same time that the inspection is performed. As a minimum the tape shall show manhole numbers and footage at all times. ' b) VIDE�TAPE RECORDINGS. The purpose of tape recording shall be to supply a visual and audio record of all line segments that are televised. Videotape recording playback shall be at the same speed that it was recorded. Slow motion or stop-motion playback features may be supplied at the �ption of the CONTRACTOR. Title of the tape shall remain with the OWNER. The CONTRACTOR shall have all video tapes and necessary playback equipment readily accessible for review by the OWNER or ENGINEER during the project. Each videotape and associated Iog sheets and field forms shall be SC-22 [� submitted to the ENGINEER for review no later than two days after the compietion of � the tape. The videotape including the audio portion shall be a deliverable and will be required for completion of the work for each segment televised. The videotape shall be indexed with the line segments recorded on the tape listed on the videotape label. LJ �' � l�J 2.5.6 TELEVISION INSPECTION AND NOTIFICATION: The following are the requirements for notifying affected customers of TELEVISON INSPECTION and PRE-CLEANING TV activities. All procedures must be followed. a) A notice ("flyer") in English and Spanish shall be provided to each residence and business a minimum of two (2) full working days prior to any TV operations in the area. The Pre-Notification flyer will inform the occupants of the purpose of the work, what might possibly occur, and telephone numbers to call in case of questions or problems. The master flyer for�Pre-Notification will be provided to the Contractor for use in making all necessary copies of flyer on white paper for distribution to residences and businesses. Q b) CONTRACTOR shall on a daily basis document all distribution of flyers. Documentation at a minimum shall include map showing areas raotified, date, and name of person completing the notification. � � � � LJ � � � lJ � c) CONTRACTOR shall provide Post-Operations notification in English and Spanish of all residences and businesses after all work in an area is completed. The master flyer for Post-Operations Notification will be provided to the Contractor for use in making all necessary copies of flyer on white paper for distribution to residences and businesses. Documentation of the Post-Operation Notification shall be provided using the same procedures as outlined in item (b) above. d) CONTRACTOR shall schedule work to be completed within five (5) working days from the day notices are distributed. Should the work not be completed in the notified area before the end of 5 working days, the area will be re-notified. SANITARY SEWER CLEANING: SECTION 3- CONTRACTOR RESPONSIBILITIES Municipal and other governmental licenses and permits the CONTRACTOR shall obtain approvals or consent from utilities or carriers such as the telephone companies or other persons or organizations upon whose proper or authority performance of work under the contract might impinge. The CONTRACTOR shall request written release from responsibility for the perFormance of work under the contract if and to the extent such work is precluded by the inability to obtain such approvals or consent. The CONTRACTOR shall review all available information pertinent to the site of the project including reports prepared under previous accomplished studies or surveys and any other data relating to the design of the project, including maps drawings, construction specifications, sewer system records, etc., as provided by OWNER. The CONTRACTOR shall obtain all fresh water necessary for performance of work under the contract from fire hydrants at the site of work or from other suitable designated sources approved by the OWNER. All costs associated with obtaining fresh water for performance of work are the responsibility of the CONTRACTOR. The CONTRACTOR shall notify third parties (such as public utilities and the telephone company) � of the Contractor's intent to perForm work in an area where such parties may have rights to underground property or facilities and request for maps or other descriptive information as to the� � SC-23 nature and location of such undergrou�d facilities or property and assurance of the Contractor's ability to enter upon any public or private lands to which access is required for performance of the work under the contract. The CONTRACTOR shall obtain a secure storage area of a size adequate to accommodate the required equipment, vehicles, and materials for the period of perFormance of the agreement. The CONTRACTOR shall arrange traffi,c control when the safety of work or the public requires such protection or as may be otherwise specified. The CONTRACTOR shall Dispose of all materials removed from the cleaning and N operations conducted by the CONTRACTOR at an approved Facility. Costs associated with the removal, transport, and discharge of such materials shall be considere�i incidental to the project and shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall obtain all necessary permits for hauling and disposal of liqui� waste in accordance with City of Fort Worth Ordinance 9978 At the Pre-Project Meeting, (see Special Condition D-19) the CONTRACTOR shall provide the ENGINEER a written plan detailing �he CONTRACTOR'S debris disposal plans. The CONTRACTOR shall have the ability to communicate with all crews and the ENGINEER at all times. The CONTRACTOR shall have a cellular telephone with a LOCAL telephone number, a local fax number and a LOCAL pager number at which the superintendent can be reached at'any time while the work is under way. All Io�al number shall have (817) area code. The CONTRACTOR shall provide daily notification of work locations to the OWNER and the ENGINEER. CONTRACTOR shall also notify the OWNER and ENGINEER in the event that a point repair is to be made or if lodged equipment causes an overFlow. The CONTRACTOR shall maintain a log of incidents and customer complaints. The log shall include date and time of call or incident, nature of complaint and resolution if any. Log shall be made available to OWNER or ENGINEER upon request. All cleaning and CCTV inspections shall be documented on forms provided by the ENGINEER. The CONTRACTOR shall route all requests for City Action through the ENGINEER. The CONTRACTOR shall obtain written permission for access to private property where easements are inadequate. SANITARY SEWER CLEANING: SEC�'ION 4- OWNER'S RESPONSIBILITIES The OWNER shall provide a manhole-numbering system for all areas of the project and approximate manhole invert elevations based on available records when required for the performance of the work. The OWNER shall provide for the shut-down or manual operation of certain pump stations if such becomes necessary for perForman'�e of the work. � The OWNER shall provide authorization to perform work that must be performed during nighttime hours or weekends or on holidays. The OWNER shall review and respond to all submittals and written requests submitted by the CONTRACTOR. The OWNER shall provide for the exposure of all non-accessible manholes if necessary. SC-24 �� The OWNER shall provide manholes to drilled with adequate vent holes and placed by a CONTRACTOR in upstream and downstream manholes that require Shallow Line Step Cleaning. � � The CONTRACTOR should request the OWNER'S assistance only after making every attempt to locate and expose the manhole on his own. � SANITARY SEWER CLEANING AND TV INSPECTION: SECTION 5- MEASUREMENT AND PAYMENT � All measurements shall be as specified or made by conventional means with accuracy, consistent with field conditions and common practice. Should a discrepancy in measurement exist that is greater than 3%, the item in question shall be re-measured by both the � CONTRACTOR and OWNER Representative for verification. A method of distance measurement acceptable to the ENGINEER shall be provided by the CONTRACTOR. CONTRACTOR is responsible for obtaining all measurements for payment purposes. � l#i Measurements for payments shall be based on the following schedule: NOTIFICATION OF BUSINESSES AND RESIDENTS shall be considered incidental to the project and no additional compensation will be allowed. NORMAL CLEANING shall be paid at the unit price bid per linear''foot of each size pipe for � actual pipe cleaned. Measurement of the actual number of feet cleaned shall be made from center of manhole to center of manhole. When a partial line segment is cleaned. measurement shall be made from center of manhole to termination point of actual cleaning. �I � l�J L�J � � Q � L�l � HEAVY CLEANING shall be paid for at the unit price bid per linear foot of each size pipe for actual footage cleaned and shall be in addition to the normal cleaning unit price. Line segments scheduled for internal television inspections shall be assigned by the ENGINEER and at his sole discretion. Based on the results of follow up internal television inspections required under this contract, the CONTRACTOR will be required to perform additional cleaning at no additional cost to the OWNER if the television work shows that initial cleaning is inadequate or incomplete. INTERNAL BUILDING REMEDIATION shall be considered incidental to the work and shall not be considered for payment. PUMPING AND BYPASSING of sewer flows shall be paid for at the unit price bid per setup plus the unit price bid per hour of operation upon approval of the ENGINEER. TELEVISION INSPECTION of the sewer lines shall be paid for at the unit price bid per linear foot actually televised of each size pipe. Reverse setups when approved by the ENGINEER and performed will be paid for at the unit price bid. Measurement of the actual number of feet inspected shall be made from center of manhole to center of manhole. If reverse setups (a situation that arises when the television camera cannot pass through the line segment, making it necessary to reverse the positions of the television equipment to the downstream manhole and enter the sewer from the opposite direction) are required during television inspection, the per foot cost of television inspection will be paid for the actual footage televised. SC-25 REVERSE SETUPS shall be paid at the, unit price bid per incident. VIDEOTAPE RECORDINGS shall be considered incidental to the work and shall not be considered for payment. The upstream identifiers and footage shall be displayed on the screen at all times. POINT REPAIRS necessary to retrieve Contractor's cleaning or television equipment shall include all work associated with excavation, pipe materials, bedding, backfill, compaction, sodding, seeding, pavement replacement, restoration, flow control,. testing and easement acquisition. Work associated with point repairs shall be paid for at the unit price bid per complete repair. The unit price hid shall be compl�te payment for a short pipeline repair up to 6 feet deep and 10 feet long. For depths in excess of 6 feet or length in excess of 10 feet, additional compensation shall be allowed at the price bid for extra depth of point repair or additional length of point repair, respectively. PAVEMENT REPLACEMENT, per the appropriate Department of Transportation and Public Works detail, shall be paid for at the contract unit price bid . MANHOLE EXPOSURE eligible for payment as specified shall be paid at the price bid per unit completed. D-35 POINT REPAIR: CONTRACTOR shall be responsible for removing all cleaning and CCIV inspection equipment from the sanitary sewer system. If such equipment cannot be removed by conventional methods, the CONTRACTOR shall be responsible for removal by open cut methods. As such, the CONTRACTOR shall make a point repair including the removal and replacement of one or more lengths of sanitary sewer pipe, installation of approved couplings, bedding, backfill, compaction, and surface restoration. The CONTRACTOR shall ensure that the replacement pipe shall match existing pipe inverts at a uniform slope. Reference is made to Part E, Detail 1 of these Special Conditions for construction details. Payment for point repairs shall be price bid for point repairs up to 6'-0" in depth and 10'-0" in length, and at the prices bid for additional depth and length if conditions warrant. In the event a point repair is to be made�or if equipment gets lodged and threatens to cause an overflow, the CONTRACTOR shall notifymWater/Field Operations at 872-8300. Information to be provided by the CONTRACTOR includes the location of the point repair to be made and the name and phone number of the CONTR�CTOR making the repair, if different from the CLEANING CONTRACTOR. The CONTRACTOR shall call other utilities for locations prior to excavation. The CONTRACTOR is referred to Department of Transportation and Public Works Trench Repair Figures I through 5 for trench repair details for paved areas. D-36 Not Used D-37 CRUSHED LIMESTONE BACKFILL: Where directed by the ENGINEER, crushed limestone will be used for trench or manhole backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 - Materials and Division 2 Item 208.3 - Materials Sources. Crushed limestone backfill shall be considered incidental to the project and no additional payment will be allowed. SC-26 l�J l�i C� l�J L■J � L�J C � C D-38 CONTAMINATED SOIL: Sho�lid soil contaminated by hydrocarbons or other pollutants be encountered. the CONTRACTOR shall contact the Environmental Department of City of Fort Worth. D-39 TRENCH SAFETY SYSTEM FOR WATER DEPARTMEfVT PROJECTS ONLY 1. General: This specification covers the trench safety requirements for all trench excavations exceeding, a depth of five (5) feel in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. 2. Standards: The latest Version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P- Excavations are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. 3. Definitions: a) Trenches: A trench is referred to as a narrow excavation made below the surtace 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. 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. L�J lsJ � l�J � l�1 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 th�n five (5) feet. 5. Pavment: Separate payment will be made only when trench excavations exceed a depth of five (5) feet and shall be full compensation for safety system designed. Labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. � SC-27 D-40 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. 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-41 TRAFFIC CONTROL: It shall be the responsibility of the CONTRACTOR to provide traffic control during construction as set forth in the General Contract Documents. in accordance with the Traffic Control Handbook for C�nstruction and Maintenance Work Areas: City of Fort Worth. Texas. dated February 1979, and also in accordance with the following additional requirements: The Contractor's attention is directed to Paragraph C6.68 of the General Contract Documents. which requires that the CONTRACTOR shall furnish barricades, flares. etc.; for the protection of the public and the work. 2. The cost of the traffic control shall be included in the price bid for other items as bid in the Proposal, and no other compensation will be allowed. When work activities are located in or near State Right-of-Way the CONTRACTOR shall comply with all applicable Texas Department of Transportation regulations. D-42 Not Used D-43 Not Used D-44 PROTECTION �OF TREES, PLANTS, AND SOILS: All property along and adjacent to the CONTRACTOR'S' operations includi�g lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the CONTRACTOR must obtain a permit from the City Forester before any work (trimming. removal. or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be obtained 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 -�rees shall be made to the City of Fort Worth and may be withheld from funds due the CONTRACTOR by the City. D-45 CONCRETE SIDEWALK, DRIVEWAY, AND CURB AND GUTTER REPLACEMENT: At locations in the project where pipeline'�epairs or replacements affect 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 3,000# 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. � SC-28 � At locations where repairs or replacem�rtts affect curb and gutter, such 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 Specifications for Construction, Item 502. � � l�J � � L�J � u L�J u L�J � L�J l� l�l � Payment for cutting, removal and disposal, backfill, concrete, formir�g materials and all other associated appurtenances required, shall be subsidiary to the contract amount. No additional compensation will be allowed. D-46 2:27 CONCRETE: Transportation and Public Works Department Typical Sections for A Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 concrete as base repair. Since this call-out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concret�. With the exception of the cement content, all other requirements shall meet or exceed Transportation and Public Works Department standard specification Item 406 Class D Concrete. D-47 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 Section E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications, except as specified herein. 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 back-filled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material under existing or future streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source consisting of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: � SC-29 Size Sieve % I�etained Size Sieve % Retained #4 0-5 #50 0-50 #16 0-20 #100 60-65 #200 90-100 Figure A 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 (�ASTM D698) by means of tamping only. Trenches which lie under existing or future paving shall be backfilled to 95% Standard Proctor Density (ASTM D698) by jetting, tamping, or a combination of inethods. This density testing will be performed by City personnel at City expense and will not be charged to the Contractor. However, the Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. This density testing will be performed by City personnel at City expense and will not be charged to the Contractor. However, the Contractor will„ be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will 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 and labor costs of excavation and backfill a will subsidiary to the contract amount for point repair. D-48 PAVEMENT REPAIR (E2-191: 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 back-filled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. 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. SC-30 � A permit must be obtained from the Departrrient of Engineering Construction Services Section by � the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No. 792 to make -utility cut in the street. The Department of Engineering will inspect the paving repair after construction of each water main replacement. �•J � l�l � LI �•1� D-49 TOPSOIL, SODDING. AND SEEDING: All grass areas disturbed by construction shall receive 4" of topsoil and solid sodding or seeding. The ENGINEER shall determine whether seed or sodding is appropriate and the type of seeding . If seeding, is provided, seed mix shall have 95% purity of either Bermuda Grass or St. Augustine and have a germination rate of 90%. CONTRACTOR shall ensure that the grass establishes. Seeding shall be considered established when growth reaches 90%, density with no bare area greater than 20 square feet. CONTRACTOR shall ensure that seeding and sodding remain established for a period of 6 months. The CONTRACTOR shall restore all grass areas disturbed by construction. Payment shall be made per square yard for sodding or seeding, placed within 7.5 feet from the centerline of pipe. Topsoil shall be subsidiary to the price bid for sodding and seeding. No extra payment shall be made for sodding or seeding outside of the area within 7.5 feet from the centerline of the pipe. Payment shall be subsidiary to the contract amount. If grass to be restored is not St. Augustine, Bermuda seeding, may be used. If area is St. Augustine, St. Augustine sod shall be used. D-50 SITE RESTORATION: The contractor shall be responsible for restoring the site to � original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus minus one-tenth (0.1) of a foot. CI L�J � �'J l�' l�l l�J � � � D-51 SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this Contract the CONTRACTOR shall: 1. Comply with the safety standards provisions of applicable laws, building and construction codes and the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 970 (Public Law 91-596 and subsequent amendments), and the requirements of Title 29 of the Code of Federal Regulations, Section1910 or 1926 as applicable. 2. Exercise every, precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 3. The attention of the CONTRACTOR is directed to the Requirements (including permitting and recording) of the Confined Space Entry regulations which are under OSHA. D-52 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: A warning sign not less than five inches by seven inc,�es, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." SC-31 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (Texas Utility Electric) who will erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying depa�tment shall maintain an accurate Iog of all such calls to Texas Utility Electric, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the Texas `Electric Service company for the temporary relocation or rai�ing of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-53 TEMPORARY EROSION. SEDIMENT, AND WATER POLLUTION CONTROL: 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 oper�tions. 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 �ourses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary poll,ution-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 squ�"re 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 Drawings or with prior approval by the Engineer. SC-32 � � a) Waste or disposal areas and construction roads shall be �lo�ated 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 of � other structures shall be used whenever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by Engineer, mechanized equipment shall not be operated in live streams. � � LJ �I D 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 false work, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. e) The Contractor shall take su�cient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium cf�loride or other harmful materials. He shall conduct and schedule his operations so a$ to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interfer�nce with movement of migratory fish. , 3. SUBMITTAL: Prior to the start of the applicable constr ction, the COIVTRACTOR shall submit for approval his schedules for accomplishment f soil-erosion-control work and his plan to keep the area of erodible-earth material to a mi imum. CONTRACTOR shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material source and his plan for disposal of �ivaste materials. No work shall be started until the 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. � � l■J !a1 CI � �J D-54 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written stater�jient 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 riecessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. , SC-33 D-55 DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of Transportation and Public Works, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intehds to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the�Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or. by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary Engineering studies, shall be at the Contractor's expense. In the event that the Contractor � disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, 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-56 PARTIAL ESTIMATES AND RETAINAGE : Section C8-8.5 shall be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the CONTRACTOR or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be processed by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable non-perishable materials delivered to the work place which are to be incorporated into.the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net invoice value thereof. The Contractor will furni'sh the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts less than $400,000 at the time of the execution, retainage shall be 10 percent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in �ccord with the sub-contract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial estimat�s will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previou's estimate. Payment of any partial pay estimate shall not be an admission on the part of the Own�r of the amount of work done or of its quality or sufficiency, or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the Specifications or other provisions of this Contract. SC-34 PART E L�] L!l SECTION 1- SECTION E SPfiCIFICATIONS fJanuary 1, 19781 D All materials, construction methods and procedures used in this project shall General Contract Documents and General Specifications, together with any additional material orconstruction specifications(s) or later revision(s). (See revisions listed on this sheet). Sections E1, E2, and E2A of the Fort Worth Water Department General Contract O Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herei� and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official �j record of the City of Fort Worth. !.! � D � � � � D � a � � �! � � O � INDEX EI E2 MATERIAL SPECIFICATIONS CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAII,S ' Revisions as of April 20, 1981, follow: � E1-2.4 Backfill: (Correct minimum compaction requirement to 95% Procter density and conect P.I. values as follows): C. �Additional bac}�ill requirements when approved for use in streets: 1. Type B Backfill (c) Maximum plastic index (PI) shall be 8 2. Type C Bacl:fill (a) Material meetin� requirements and havin� a PI of 8 or less shall be considered as suitable for compaction by j ettin� ' � (b) Material meeting requirement and having a PI of 9 or more shall be considered for use only with mechanical compaction E2-2.I1Trench Bacl:fill: (Correct minimum compaction requirement wherever it appears in this section to 95% Procter density except for paragraph a.l. where the "9�% modified Procter density" shall remain unchanged). lJ � � � [al SECTION E100 — MATERIAL SPECIFICATIONS MA7ERIAL STANDARD E100-4 ' JANUARY 1, 1978 (ADDED 5/13/90) �100-4 WATERTI6HT MANHOLE INSERTS �100-4.1 GENERA4: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the Fort Worth sanitary sewer collection system. E100-4.2 MATERIALS AND DESI�N: � a. The manhol� insert shall be of corrosion—proof high density polyethelene that meets or exceeds the requirements of ASTM D1248, Category 5, Type III. ab. The minimum thickness of the manhole insert shall be 1/8". � c. The manhole insert shall have a gasket that provides positive se�l in wet or dry conditions. The gasket shall be made of closed cell qeoprene rubber and meet the requirement of ASTM D1056, or equal. L�J � � d. The manhole insert shall have a strap for removing the insert. 7he strap shall be ma�de of minimum 1" wide woven polypropalene or nylon webbing, with the ends treated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. . e. The manhole insert shall have one or more vent holes or valves to release gasses and allow water inflow at a rate no greater than 10 gallons per 24 hours. , D10Q-4.3 INSTALLATION: fJ . a. 7he manhole frame shall be cleaned of all dirt and debris before placing the.manhole insert on the rim. � [�J � � L J � b. 7he manhole insert shall be fully seated around the manhole frame rim . to retard water from seeping between the cover and the manhole frame rim. - E100 (1) r � .� Li1 � � � L�1 LJ � L1 u � L�"J � � � 'J L�J STANDARD DETAILS 0 u � � � � � � � � � � � � � � � � � � � 0 � INSICE PIPE OIAMETER I 6• I 8. I � �B� � 12' I �5� I �8� 21' 24' 27' 30' I 33' I 36• I 42� TABLE 2 MAXIMUM TRENCH WIDTH AT TOP OF CONOUIT 3'-2' 3'-2• 3'-2• 3'-4• 3'-6' 3'- ] 0' 4'-4' 4'-8' 4'-il' 5'-3' 6'-0' 6'-4' 6'-1]' TRENCH WIDTH - T/18LE 2 , Detail - 1 � � Q 0 � � � V � � � � a � � � D � � � � a� wa 0 o� :� y} �n a N J O U 4 12'� SEweR NOTEs MINIMUM REOUlREO THI$ BACKf1LL DETAIL SUPERCEOES TME W1DTH OF SURFACE STANOARD EMBEOMENT DETAIL fF1GURE 109) RESTORATiON OF TME CITY OF FORT MORTM MATER �EPT, s �, GENERAL CONTRACT OOCUMENTS ANO GENERAI. tSEE TABLE 1) SPECIFICA710NS,LATEST REVIS10N5. !' M1NIMUM THICKNE55 OF TOPSOIL.4 1NCHE5 1z' t6'MHEN CROSSING FLOwER BED OR GAROEN) �— —� , � ��— OUTSJDE SHEET]NG OR TRENCH BOX V ^ � �EXCAVATEO TRENCH BACKFILL � ITYPE 'C').OR 7YPE '8'BACKf1LL t � s � . �• .' � • � � • • . • • � � \�FOR MAXIMUM TRENCN , ; . ' •� � , • WIDTH AT TOP OF CONDUIT • SEE TABLE 2 : . . ,' ' � • . ' . � . • � ' . ' \�—FOR BACKFILL SEE SPECJFICAT10N5 , L y,• o.o. oa � iNCHES BELOW BELL.MNICNEVER IS GREA7ER CRUSHED LIMESTONE BEOOiNG AND COVER TYPICAL RO�D EDGE TRENCH DETII� Detail - 2 � 0 Q a � a � D 0 � 0 Q D � O � � Q � a a 12'� SEWER PIPE DITCH WALL� MINIMUM REOUIRED WIDTH OF SURFACE RESTORATION s cSEE TABLE 1) s � EXISTING 3" ASPHALT � I/��j��/� EXISTING FILL I � � �� ' �.1� . .� � � � I � 6' CRUSHED LIMESTONE �/ ' . . � V � � � . �: �. . �.� .� �.� . . � / � FOR BACKFILL SEE SPECIFICATIONS CRUSHED LIMESTONE BEDDING AND COVER �•� � //i TYPIC/1L PARKM�lG LOT DETA� Detail - 3 , � O Q � !� � � D D Q � � D 0 a 0 a 0 a � MINIMUM REOUIRED NIOTH OF SURFACE RESTORATION ' T��`� �r� YII�'/ / M1N]MUM THICKNESS � 12. � � 1z• }►— OF TOPSOIL.4 INCHES I c6� wHEtv CROSSiNG F�OWER BED OR GARDEN) � w a =o � a /� a. � / \ wa � 0 c� w� �y T Na ¢¢ J O u� w � %� C r � EXCAVATED TRENCH BACKFILL (TYPE 'C'), OR TYPE 'B'BACKFILL � � FOR MAXIMUN TRENCH NIOTH• AT THE TOP OF CONOUIT SEE TABLE 2 I� / �2• . I ' �—CRUSHED LtMESTONE BEDOING ANO COVER �/� O.D.OR 4 ]NCHES BELOw BELL,WHICHEVER IS GREATER TYPICAL NON-PAVED TRENCH DETIyL Detail - 4 � L l�J � LiJ � INVERT CHANNEL CONC. FLEXIBLE BOOTS MEETING ASTMC928 CLAMP ON TYPE FLEXIBLE B00T o(CAST IN BOOT SHOWN PRESSED MEETING ASTM IN BOOT ALSO PERMITTED) C923 A-LOCK TYPE � � CLAMP SECURLY IN ' o ACCORDANCE WITH � B00T MFR'S O R � INSTRUCTIONS � r�`` INSTALL PIPE IN ACCORDANCE WITH / � � BOOT MFR'S INST. / / �� J WHEN PLACING FIELD-POURED Q INVERT CHANNELS�PACK ANNULAR SPACES wITH ExTRUDIBLE PREFORMED . PLASTIC GASKET MATERIAL TO PREVENT INVERT CONCRETE FROM a ENTERING SPACE BETWEEN PIPE AND FLEXIBLE BOOT [il SMItTI�IRY t�iH P�E CONNECTION � DET/Nl � � u � � _ � �Detail - 5 �..� Q O � � � � � � � � Q � � � � D D � � RESTORE SURFACE AS SPECIFIED EXISTING SURFACE �y� � //////,�Y �� .� �. �� . � � � � • � • � � BACKFILL AS SPECIFIED � �. . � � � �. , � . CLASS E . �. ; , �. - � � '� : . � 1500' CONCRETE � ' � � .' � ' � ' � . . �� .. � , ��- �""'�� 4' MIN. . , . _ . , . T. . . e.� �e- i •� pZpE .�.��j,� �� e. % °' � -°�� . ° ,. . ' ° . � - e• �c• n•�'o• 'e• • p ', • D '. • p ', • � '. • �6' MIN. � ' ///�V//AV///�V//�V 6' FOR ID=24' OR LESS 9' FOR I0=27' OR MORE CONCRETE ENCASE�tENT DET�iI. , Detail - 6 � , � � � � � � I � � � � � � � � � ,� � � w w w a- >� 0 a� � Qo �a ' o v f- �+ MINIMUM WIDTH IN LONGITUDINAL DIRECTION SHAI.L BE 4'-0' FOR CLAY AND 1'-0' FOR 2-SACK CONCRETE COMPACTED BENTON�TE CLAY OR 2 - SACK CONCRETE �' MINIMUM INTO �NDISTURBED SOIL R PIPE ._ - - `�"' rvOTE:Ory EACH SEwER LATERAL wHERE NEw P1PE IS �NSTALLED BY PIPE BURSTING METHOD, INSTALL CLAY DAM JUST DOWNSTREAM OF MOST DOWNSTREAM SERVICE RECONNECT � � CLAY DNrI OETI� Detail - 7 � � � � � � � � � � � � � � � � � i � � � , 4 ' .� r � i � �• SILICONE JOINT SEALANT SEE TABLE, � ' ! POLYETHYLENE 80ND � �-' - �BREAKER TAPE tt6 SMOOTH . ' /� • REDWOOD EXPANSION JOINT FILLER _' � • DOWEI SUPPORT BASKET� I��!,�1��.� :.+ ,.�. � ,L 'i a:i � �;: ! ��.; �l� ! �l ,��,. �� i S1LICONE JO1NT ' ` SEALANT „�SAWED JOINT FACE : � . v = � � � %%%%% 3�" DIA. CLOSED ��`��C�LL EXPANDED ~//i// • ... POLYETHYLENE FOAM �';" ' BACKER ROD � 1��!,l �.� � ►.�. = .: ��.��=�1*ia�]i i.y yl� �i�,l i��. _ � SILICONE JOlNT �` SEALANT �• 0 � �-SAWED JOINT FACE W 1— s� �n � .- W U � � Q ,;;;;;, ��e" DIA. CLOSED z ,� �;�;;��GELL EXPANDED � • POLYETHYLENE FOAM � BACKER ROD : ' , FIRST POUR SECONO POUR COLO 'JOINT CONSiRUCijOH JOINT DEPTH PAVEMENT JO1NT DEPiH THICKNE55 ( T/4 I T = 6" t ��Z" T = 7 " 1 �'�" T = 8" 2" 0 � C� 0 0 0 C� 0 � � 0 O L� C] � C`J 0 � � 0 ExlSil�+G CUNB Mq Wi1EN — rExlSil►�G CWC. ` PAVENENT SAM CUT 1 _ f � MO.J lANS ON 7�'CENIENS BOIN YAYS MITN MIN.2 BAHS LONGIIUOINaI IN OIiCN C1A55 •A'AELNi0iKE0 CONCRETE PAVENENT REPIACEMENi EXISiIMC, CURB ar0 GU1tEH SAti CU�ExISTING COr+C. PAYEMENI � � �-.=-► 5' MIN.'.�/ t' � . . . . � . + � • . G' HIN. . - ' D ' ••D ' • • . , Ex15TIr�G BASE _ �• % �� flf ANYI . . . � � ' �6nGKFlLL REOUIRENENTS �• � ' REl►fORCEO CO�+CRE1E GAvE- � PEP fIGUF�E B.GaSE J ►�ENI VIIL BE REPI�+CEO OvER 1RENCN, A$ $IqYN, lN 1HE E�ENI � NON-REI�KORCEO CU+CREiE — --�--- - PAVEHEr+f IS HE�+OvEO. . � - I ' N0.4 - 2�27 CONCRETE NAY bE . ••'� OELEIEO IF wkF tHE SVEC1ilE0 • • � '•�-BEOOIHG AND COVER iHICKNE55 Oi 2:27 IS AOpEO 10 � _ PER TIIENCM OETA�I iNE C1a55 '�'C9r+CREtE. `---ExISiiNG BASE IlF AqYI ' , h27 COW r+0. 1 - AEI�+iOR[EO Cp+CREtE ►�vEMENT Sw�lt BE (tEP�nCEO TO OR�Glwil pEPIN OR 70 A MINIMIW DEVTN Of 5' $EMER YHICr�EVER IS GREAiER. ro0.2 • li STEEI EY(515 IN CONCRETE TRENCH P�+�EMEN1 �0 BE CU1.iNE 51EE1 SHAIL BE CU1 arp SnLVnGED n5 �OSSIOIE. A NIHIWM LAP SVLICE 0157ANCE OF IY S�� BE ►nOVIDEO. � ��.� 1�:�� Mi ia' � I' MI • 7 � � ��. v c� �, d ca . 0 0 C� Q O �1 Q O C� C� � O 0 I� �I O C� G7 L� � � Q ►wAC REPLACEMENi Ex15i1NG w�nC --E%lSTtNG FfMAG (2'MIN.1 �FA�E EXISTING LURB $UHFACE A!q GU17ER SAN CUT� SAV CUT Ea�O GU �T E RB r ��>»»»��»��,.�:,: ��:��.::�. �.�.��.H1N:.::�. ..: .- �»��»�� . • . . � � ExI511NG B/+SE� ExI5T1NG BnSE .�-., � � ' • �' �,�� '.:'�' :. . .� . 2�27 CONCRETE ' • ' �BACKFILL REOUIREMENIS ' � PER FIGURE B.CASE J SEMER PIPE� � I • — --�--- - d4IE5i OIiCH MA�L � j � �• ��Z� �0�+[RE7E SNnll 8E INSTALlEO A MIN. Oi S' EElO�+ BOTTOM OF EXISI. KM.A.C. PAYE►fNT �� 2. ALL E%ISi.ASPHAIT SHALI BE REPlACEO i0 TNE OqIGINAI _ __ _ __ _ i pQ►TH.MIN►M1M PAVEMENi REPLACEMENT $1N�� 9E 2'OF - - -- �-BEUDING ANB LOVER FItaE GHn0E0 SlStcaCE CWiiSE PER TRENCH OEiA1L � BEOOING OF PIPE a5 SaECIitEO SEE 02-11 0� �NE CON�RnCI � OOCIM�Et+75. TYPICAL TYPICAI.. � BA6E v m '+ d O � � � a � � a �� II '1 � � � � � i � � � f � EXISTING STREE7 PAVEMENT I SAW CUT 1'-0' PAVEMENT REPA]R (AS SPECIFIED) MIN. �� TEMPORARY PAVEMENT REPAIR c1F USED) SHALI BE HOT OR COLO MIX ASPHALT.ROLLED 2' MINIMUM � ( � �j' CURB AND GUTTER AND/OR SIOE�lCiLK SHALL BE PAY ITEM ONLY IF WITHIN —\� BASE / 1.5 FEET PLUS ONE HAIF NOMINAL PIPE •EXCAYA7ED MATERIAL SHALL DIAMETER TO THE CENTER U NE OF CONSIST OF MATERIAI FREE OF � THE PIPE c2 FEET MIN.I,ANO 1S TNIN OR ELONGATEO PIECES. REPLACED AS OIRECTED BY THE ROCKS.IUMPS OF CLAY, ENGINEER. , ` SO1L, LOAM OR VEGETABLE ' MATTER. 2'0' MAXIMUM ��.... C��•SANO MATERIAL � 7►��,�a��\\\ PAVEMENT REPAIR IS PER •CRUSHED LIMESTONE J LINEAR F00T BASIS,PAVING EMBEOMEN7 SHALL BE REPLACED TO MIN.IFOOT BEHIND EACH SIDE OF TR£NCH. UPPER PORTION OF TRENCH w1�TH SHaLL BE DETERMINED Br CONTRACTOR. •INCLUOED IN LINEAR FOOT BIO PRICE OF P1PE CASE 3:EXISTING PAVED STREET TO BE RECONSTRUCTED �ia�,av�T�. eaac��u. a�n �w�Kr ��a - u� � oR �srn� s�rs �c�uaE e Detail - 1 1 C� � C� �7 �I �I �] �] l� �.] t� C� � C � L� �] L� l� � , LENGTH OF DEFECTIVE PIPE TO @E REMOVED ANQ � REPLACED WITH PROPERLY SIZED PIPE � i� � -i r � ll II ll . � �� I � '. FxisnNc PiP� � "BAND-SEAL" C4UPUNG 1MTH 57AtNLESS - STEEL BANOS v � v N i � s � � � ► ` � � ► _ �► 1/ � � EXtS7lNG PIPE �, � II II t t /4" AAAXIIiAUIr{ SPACE (TYPICAL) � � � _ ---�'�� ,t�i � �i � � 2g8 t�,Ue, �, � p�s 3.. � � s t��a�� ; ,�-- � M � � � �MS �a $� . 0" � ;, �� 1.5 _- 67 tCoppe�� ; , - PMS � `•; � ' 1 5M 3" 3' ' . . . ., . . '�. t 2 25N _ i'� .� � 5.. 0 m �. _ ,, w �---�''i► .� � �, � � � -� - . , �. —''` r � � � � � �� . � � . � . . � � � 0 , • � � � � . .� , �� ., �� , � �� v— � u�e �� '� �! . � M � 1� s�a,e 1 - 49�18j96 a � 0 � l. Name of business 2. * Physical address oE business 3. * City State 4. Mailing address of business 5. City . State 6. Name of owner � 7. Manager of operations 8. Manager's drivers license no. 9. Business telephone(s) APPLICATION FOR I,IQUID WASTE TRAI�ISPORTATION �, PERNIIT � (Please complete all pages of the application) � � lzJ � �J � � � � � � � � LJ 10. 11. 12. 13. TWC,¢ C�TY OF FORT WORTH WATER DEPARTMENT �DUSTRIAL WASTE S�CTION Zip Code Zip Code State , Home telephone Emergency notification telephone Name, address, telephone number of corporation/parent company (if applicable) Indicate below all the types o£ liquid waste to be transported: ( ) Grease trap waste ( ) Sand/grit trap waste ( ) Septic tank waste (septage) ( ) Chemical toilet waste Expiration Date * NOTE: P.O. Boxes are not acceptable. Must state street address. *�ti�dt#ic�t'k�c1�**'k�t*�t*!c'k'k'k�c�i'k'h*�t*�t�r�r�c'k*i��cic�c�c*1c�c1[*'k�r*'ki�'k!c'R*�**ic*i�**i�*t �ktktktk**dc�*�r*+k***f�kik�c*****tk�cir***�c#4�c�c**�c#�c�t*�riF#f*lc�c##�r�k*f#�ktrk***�riktf 0 � a � � 14. � � � 15. 16. C�� L�J �� L�! ;J L9 � � � � � 17 . 18. 19. 0 Complete the attached "List of Vehicles to be Permitted" on Page 4. Show all information requested for each vehicle to be permitted. Total number of vehicles to be permitted is List below the permitted disposal site(s) to be used by the vehicles on this penait application. Show name of contact person, address and telephone number for each site. 0 Please provide copies of license and registration and proof of insurance of all vehicles to b'e used by your company. Please provide copies of the drivers license of all operators of vehicles to be used by your company. This information must be updated as drivers change. Please provide photographs of all vehicles used by your company. 20. Please provide a copy of the Texas Water Commission permit issued to your company to dispose of Waste. Schedule of Fees Septage charge -$8.29 per 1000 gallon Monitori.ng charge -$40.00 per truck load Deposit fee - $50.00 General Fees lst vehicle - $240.00 Each additional vehicle - $170.00 Page 2 of 4 � �� C�� I � L� � � � � [iJ � 21. Certification Statement: This application is to be signed by the owner of the business, or officer of a corporation, after adequate completion of this form and �eview by the person signing below. "I have examined and am familiar with the information submitted in this application. I believe that the information submitted is true, accurate and complete. I agree to accept anci to abide by all applicable ordinances and regulations of the City of Fort Worth. I understand that falsification of any information submitted shall be cause for termination of the liquid waste transport permit. I acknowledge that this permit authorizes the transport of only those liquid waste listed above in item 12 and I understand that no hazardaus or industrial waste is to be transported or mixed with li,quid waste hauled under this permit. Any person Willfully or' negligently violating PERMIT conditions is subject to a fine of one thousand dollars ($1,000) :for each offense. Each day that a violation is permitted to exist shall constitute a seperate offense. _ Further, the CITY may issue Notice of Violation, conduct show cause hearings, revoke this PERMIT, and init�ate legal actions to enforce the Ordinance and FERMIT conditions. The CITY may invoice the PERMITTEE for costs incurred for any cleaning� repair� or replacement work caused by a violation or discharge, and in the event PERMITTEE fails to make payment of any such invoice, the CITY may suspend Liquid Waste Transport Permit. I understand that the permit is valid for one year and must be renewed on an annual basis to maintain a valid permit." � Signature of owner/Corporate Officer � ' j'� Please return to: ��, � � L�:I Industrial Waste Section 920 Fournier Street Fort Worth, Texas 76102-3456 Date Page 3 of 4 � � � � � � � � � � � � � � � � � � � � LIST OF VEH�CLES TO BE PERMITTED Name of Business Year Make � Gallons License Plate No. , Paqe 4 of 4 : sJ �#! � I� � � � � Fort Worth � Water Department SSES Standards - Television Inspection Form Television Inspection , Ciry of Fort Worch, Texas Project Title � A - Ceneral Inspection Date: Inspection Crew: Basin: Subbasin:' Main/Lateral Number: Sewer Map Book Number: Upstream MH No.: Downstream MH No.: Station Upstream: Station Downstream: Segment Length: Mapsco Number: : �� RO Number: Tape Number: Direction of Tra��el_ �Upstream ODownstream Pipe Diameter: in. Joint Length: ft. � �� I L Pioe Materiai: Q1 VCP �PVC OBrick/Block �RCP OO D/CIP eOAC OO CMP Os HDPE OO Other Location: OO Paved-Conc. OO Yard-Back �Paved-Asph. �Yard-Side �Driveway OO Non-Paved 40Sidewalk �Creek Bottom OCurb t � Field OO Yard-Front �2 Golf Course Ground Condition: OODry �Moderate: OO Wet raffic• �Two Lane �3-4 Lane OO Hijhway 40Parking �Alley �Drivew�ay �Other � C - Observations � Q � � � � � � 1 = Upstrcam manhole 2 � DoWnsveam manhole 3 = Unknown manhole 4 = Lens submerged 5 = Lcns emerses 6 � �1'ye service 7 = Break•In sen•ice Obser. Number: 1 2 3 4 5 6 7 Footage Observation: 8 = Protruding top 9 = Roots 10 = Offset I 1 = Gapped joint 12 = Crack-Radial 13 = Crack-Horizontal 14 = Loose bricks Obser Obser Loe. 15 = Broken pipe 16 � Coliapsed pipe 1) = Corrosion 18 � Debris l9 = Grease 20 = Othcr Rating Obser. Infil lean'n Performed OO None + 40Root Cut OO Flush OO Bucket 30Jet �Other Volume/Access: Surface: OO Low/Good lOOpen OO Medi�n►/Fair �Fence OO High/Poor OO Trees �Utilities �2,3,R./or 4 Concurrent Dve Test: �1 Yes �No Location Rating 1= Cro�+•n 8= Quadrant 1 0= Not Applicable 2= Right 9= Quadrant 2 1= Good 3= Left ] 0= Quadrant 3 2= Minor 4= Invert 11 = Quadrant 4 3= Fair 5� See Dyed Water 4= Poor 6 = Multiple 5 = Deteriorated 7 = Joint ' Comment Pas� _ or_ Fnrm 1 � SSES Standards - Television lnspection Form � Fort Worth Television Ins ection � � ._ ��' p Water Ciry of Fon Worth, Texas � Department Project 3'itle' Line No. Tape No. � �� Obsen�ation: Location: Rating 1 � Upsveam manhole 8= Prowding top I S= Broken pipe 1 � Crown 8= Quadrant 1 0� Not Applicable 2= Downsveam manhole 9= Roott 16 � Collapsed pipe 2� Right 9- Quadrant 2 1= Good D 3= Unknown manhole ! 0= Offset 17 = Cortosion 3= Left 10 = Quadrant 3 2= Minor 4 R Lens submerged 11 = Gapped joint 18 a Debris 4� lnvert 11 = Quadrant 4 3 � Fair 5 � Lens emerged 12 = Crack-radial 19 = Grease 5= See Dyed R'ater 4� Poor 6 � Wye service 13 = Crack-horizontal 20 = Othcr 6 a Multiple S� Deteriorated � 7� Brcak-In service 14 = Loose 7 �)oint Obser. Obser. Obser. � � Number FootaQe Obser. Loc. Ratine Tnfil. Comment � 9 � 10 � 11 12 �j 13 �� 14 15 Q 16 17 � I 18 19 20 a 2� 22 23 � 24 25 � 26 27 28 � � 29 30 31 � 32 33 Page of � � �',,...., i � PART F ;,.�� ` .. . .... -•� ... �;;... :� . I� � t�l � � L�J L+�i TO: THL' CZTY Ot lORT WORTii, TEZ11S pAM�L Ol� PROJECT: PROJECT NUNSER: TH I S I S TO CERTZlY TH71T Dat• ' (Na�s aad 7lddress of Insured) is, at the date of this certificate, insured by thie Company with respect to the businesa operations hereinafter described, for the type of insurance and in accordance with the proviaions of the standard policies uaed by this Company, and further hereinafter deacribed. Exceptions to standard policy noted on reverse eide hereof. Worker's Compensation Comprehensive Gene�al Liability Insuranc�� (Public Liability) � Blasting � � f� ��I, �� a � � Collapse of Buildi:zgs or structures adja- cent to excavationg Damage to Underqro�_nd Utilities Comprehensive Automobile Liability Contractual Liability Other Locations covered: Policp No. CERTI�ICAT� OF INSURANCE .t. � � TYPE 01� INSVR.ANCE Efiective Expires Limits of Liability Bodily Injury: Ea. Occurrence: $ Property Damage: Ea. Occurrence: � Ea. Occurrence: $ Ea. Occurrence: $ Ea. Occurrence: $ Bodily Znjury: Ea. Person $ Ea. Occurrence $ Property Damage: Ea. Occurrence: S Bodily Injury: Ea. Occurrence S Property Damage: Ea. Occurrence: S � 0 Description of operations covered: , The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or requlations require more tha� five (5) days actual notice of change or cancellation to be assured, the above pAlicies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. 1laencv Bv � llddress Title � l�J � � LsJ � �� I� ►� I� I� I� � �� L�� J CONTRACTOR COMPLI7INCL� 11ITH 1PORICER � 8 COMPENSATION LAR Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides worker�s compensation insurance coverage for all of its emplcyees employed on City of Fort Worth Project Number . ACE PIPE CLEANINC, IlVC. CONTRACTOR ' By: Qi�i��.(/Vl, Patrick �1lI. Brown, Vice Presiden� Title � r�/ Date . ,� THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fatrtck �llle BrAwn, �ce Presiden: , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledg at he executed the same as the act and deed of ��1�� NINGa IlifC. f. or the purposes and consideration��h�r�in expressed and in the c;apacity therein stated. GiVEN UNDER Y HAND AND SEAL OF OFFIC 9��}is �� day of �:.� , y . Notary P�i lid in and for the State of T.eaE�� . � � � � � � � � � 1 I � � BOIi� H0. 8 SB 103I88726 BCN ti I THE STATE OF TEXAS S � � ��11r� •� � COUNTY OF TARFtANT $ ` KNOW ALL MEN BY THESE PRESENTS : That we (1) ACE PIPE CLf�t1IH6, IIiC. � a�2� CORPORATION 4000 TruQart Road, Kansas City, NO 64127-2290 � ot � hereinafter called Principal, and (3) TRAYELERS CASUALTY IUN SURETY COt�ANY OF AlERICA a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal swn of: ONE HUHDRF� THREE THO(ISAHD 0liE HUHDRED SIX7EE�i AND 50/100 - - - - - - - - - - - - - - - - - - - - - - - ($ I03,126.50 ) Dollars in lawful money of the Uni ted 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 :hese prea�:nts . 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 28th day oi July , A.D. 19 99 � a copy af which contract is h�reto attached, and made a part of hereof, for the construction of: Cl.F11!lIN6 t1F SA!lITARY SEWER MAINS 134, 272D � 272D 1 R PROJECT # PS46-070460140250 - CITY OF FORT ifORTH, TEXAS Q cles icpnated as Pro j ect No .( s) Ps4s-o7o460140250 , a co��y of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such � project and construction beinq hereinat'ter reterred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully � pertorm the work in accordance with the pZans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred aunder such contract, and shall Fully indemnify and save harmless the Owner trom all costs and damages which it may sufier by reason of failure to do so, and shall reimburse and repay the Owner a1.1 outiay and � expense which the Owner may incur in making good any defaul�, �hen this obliqation shall be void; otherwise to remain in full force and e�fect. L/J L�J � � � � n PROVIDED FURTHER, that it any legal action be filed upon this bond, venue ahall J.ie in Tarrant County, State ot Texas. AND PROVIDED FVRTHF.R, that the said Surety, tor value received, hereby stipulatas an agrees that no chanqe, extension ot time, alteration or addition to the tierms o� the cantract or to the work to be pertormed thereunder or tha speciiications accompanying the same shall i.n any wise aifect its obligation on this bond, and it does hereby waive notice ot any such change, extension of time,� alteration or addition to the terms ot the contract or to the work or to the specitications. IN WITNESS WHEREOF, this instrument is executed inEISHT Q counterparts each on of whzch sha21 be deemed an original, this the 28th day o� J�lv A. D. , 19 qa . L�l � L;J LJ � L� I � � L�JI ACE PIPE CLFANIH6, INC. PRINCIPAL (4) gY. . Patrick �ll. Brown9 Vice Presiden: ATTEST: i� �.nci 1) Secretary 4000 Trunan Road, Kansas City, MO 64127-2290 (Address) (S EAL) TRAYELERS CASUALTY AHD SURETY COK'ANY OF At�RICA .�'/�„� /�--- Witness as to Principal 4� a �� rr� w.�..... /� �.�/c t� o G y�2 � (Address) ' Surety BY: � �ttorney-in-fa (5) Gina M. Damato, Attorney-In-Fact X��XX NI711ESS: 2I5 Shunan Bivd., Naperviile, IL 60563-8458 �� ( Surety) �c�om�cx� (Address) NOTE: Date of Bond must not be prior to date ot Contract (S EAL) a215 Shwan Blvd., Naperville, IL 60563-8458 Witness as to Surety 0 � �� (Address) IiJ � r.rrorws�c. tond /�q• Tro (1) (2) (3) (�) (5) Correct name oE Contractor A Corporation, a Partnership or an individual, as case may be Correct name o� Surety Zt Contractor is Partnership all Partners should execute Bond A true copy of Power ot Attorney shall be attached to Bond by Attorney�in-Fact. LJ IN WITNESS WIiEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vicc Presidcnt, and their corporate seals to be hereto affixed this 13th day of May, 1999. STA"TE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SUKETY COMPANY FARIYIINGTON CASUALTY COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS +*,ApSIMF/�� gJ*VtY ANQ,pG � GASV�1�ry µ'p►OAE�Y ♦ i� v�' 9 p�fOq�r 40 A�� _ �,u,t�pep, ,'R � w�For�D, < � l 9 a 2�' o S� � � � ; CONN. , o z c�, , � �� t�n g w g„ �'.+� ;►� '�y ya� �Q'V��Ja s�,1 �� °5.,� George W. Thompson �` ' � 1 ' �� Senior Vice President On this 13th day of May, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that heJshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resoludons thereof. �G.TET� � �, �r�et'a°S� 6'C�' � CERTIFICATE �. � c�.n�� C My commission expires June 30, 2001 Notary Public � Marie C. Tetreault I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of die State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Cert�cate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 2$ th day of Juiy , 19 99 , � swtr� J�,��v �Hp s pAsu,�� yo s�y� ' -. `�1� Cpf r� G a��OI� �'L �pPOq�r �' v 9�^ :'� * r� C1 v � 7,�,arFoao. `� � w�rrFo�, < 0 1! a 2 o s�� gy 0 �� ;,orw � � coNN. ro �b�.�,D� � ��t'NO`9 � Brian Hoffman �'h'i . �'�i �°'1 . �`',D y'� • �'� �1 • S''� Assistant Secretary, Bond , f! ■ u �l I�■ � u �i1 � ' � TRAVELERS CASUALTY AND SURETY C MPANY OF AMERICA TRAVELERS CASUALTY AND S ETY COMPANY FARMINGTON CASUALTY OMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLWOIS Naperville, IIlinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, TIiAT TRAVELERS CASUALTY AND 5URETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF TLLTNOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Dwight F. Miller, David C. Banks, Janice B. Kaplan, Kevin P. Nagel, Jeffrey S. Malecek, Terry J. Recicamp, Lorraine Pozezinski, Eileen Lucitt,. Caro[ F. Tasciotti, Evonne Brown, Ade[e M. Korczak, Grace Villarreal, Gai{ Schroeder, Craig Goesel, Jeffrey A,. Zehr, Rebecca L. Dauparas, Barbara J. Bailey, Chad Berberich, Cindy Genstinger, Gina M. Damato, Meredith C. Covelli, Thomas A, Pictor, Juli Giorgianni Erik Janssens, Jane Bronson, Pete A, Turner or Nan-Yi Chen * * �of Naperville, IL, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby, conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, witlun the area there designated the following instrument(s): , by his/her sole signature and act, any and a11 bonds, recognizances, contracts of indemniry, and other writings obligatory in the � nature of a bond, recognizance, or condidonal undertaking and any and all consents incident thereto �and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized of�cers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby rati�ed and confirmed. �This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: � � I_■ I � L�I � VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to si�n with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the�nature of a bond, recognizanca, or conditional undertaking, and any of said ofiicers or the Board of Directors at any time may remove any svuh appointee and revoke the power given him or her. VOTE%: That the Chauman, the President, any Vice Chauman, any Executive Vice President, any Senior Vice President or any Vice Presiden� may delegate all or any part of the foregoing suthority to one or more o�cers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Seeretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recoguizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chauman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pwsuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company o�cers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND 5URETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND 5URETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF II,LINOIS, which Resolution is now in full force and effect: VOT'ED: That tha signature of each of the following off'icers: President, any Executive Vice President, any Senior Vice President, any Vice � President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certiGcate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fa�t for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney � or certificate bearing such facsimile signature or facsimile seal sha]] be valid and binding upon the Company and any such power so executed and certiGed by such facsimile signature and facsimile seal shall be valid and binding upon lhe Company in the future with respect to any bond or undertaking to which it is attached. � (R-9')) � • � � � � �. PROVIDED FURTHER, that it any l�qal action be tiled upon this bond, venue shall lie in Tarrant County, State ot Texas, that the said Surety, tor valua rnceivad, heraby atipulates and agrees that no chanqa, extension ot time, alteration or addition to the terms ot the contract or to the work to be pertormad thereunder or the specitications accompanying the same shall in any wise attect its obligation on this bond, and it does hereby waive notice of any such change, extension ot time, alteration or addition to the terms oL the contract or to the work or to the speciiications. 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 EIGHT � counterparts each on of.which shall be deemed an original, this the � 28th day of JulY A. D. , 19 99 � J � �■I � � � II ATTEST: (Pr-� nc�.pal) �ecrett�.ry (S �,ALj . 1��--�-- Witness as to Principal �/lJ �1u Ti, ,, �<„ (Address) xp(�jy�� WI'RIESS: �%� /'. (Surety) Q � !�� G �(/ 2� � f/ / : .. . •. .. . .. � (S E A L) � L'�'J � �nv,� �,t�.e.✓�-- Witness as to Surety 215 Shu�an Blvd., Haperville, IL 60563-8458 (Address} r.yw.nc �ond ►�y� Tro ACE PIPE CLEArIIN6, INC. PRINCIPAL (4) �By : G%�G%v(, d�� ,,�— Patrick �A. �rown, Vice Pr�siden: 4000 Truman Road, Kansas City, NO 64127-2290 (Address) TRAYELERS CASUALII( AND SURETY COhPANY OF Al�ERICA Surety BY: � �� ' ,�� (A"t orney-in-f ac j � ( 5 ) Gina M. Damato, Attorney-In-Fact 215 Shunan Blvd., tiaperville, IL 60563-8458 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) i2) ( 3 �) (4) (5) Correct name of Contractor A Corporation, a Partnership or an individual, as case may be correct name of Surety I� Contractor is Partnership all Partners should execute Bond A true copy ot Power o� Attorney shall be attached to Bond bY !►ttorney-in-Fact. �I a� , � IN WITNESS WFiEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS � �CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrumeni to be signed by their Senior Vice Presidcnt, and their corpor►te seals to be hereto affixed this 13th day of May, 1999. STATE OF CONNECTICUT } SS. Hartford COiJNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARNIINGTON CASUALTY COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS �S��rr J��,�Y AHps GASU,�� N'� �Y �a* �i� u~g G9F F'��j� (1 crpP►OR,T�� 7�,�pRo. `� � HaR7FORo. � � 19 8 2 o S� � � � CONN. � z c�*� ; 1971 g� Y �s'�'��.�,� '�,br �a1yc° �'Q.ry * �aJa ��Iti.o�� B George W. Thompson ` ' ' Senior Vice President On this 13th day of May, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that heJshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above inswment; that he/she knows the seals of said corporadons; that the seals �xed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. �G.T�� T�IA � ��a� CC�' CERTIFICATE �� My commission expires June 30, 2001 Notary Public � Marie C. Tetreault I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of die State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Cert�cate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated tlus 2$ th day of July � 19 99 , �S�t,` J�,�,�Y AHpB G►,SU�1� Typ'_'��Y d: co�4'� �� G9'" �?•y� �r,'t g� q�pPOq��'a� .x, NAFCiFOR�. � � HAfiTFORD. i t'�1 �' ]' E 2� o a SEAL � B�/ ,� � pNT1. � CONN. o Z i � ; �� 1971 , g ,y�� `�,� �`b +ac '�'Q,�c�'�ja � <<iNo�� Brian Hoffman ti� . �' 1 . �� '' • '' � , S Assistant Secretary, Bond L�l � � � � � � � l_■ ■ � � � � � !,� u � Q ' TRAVELERS CASUALTY AIYD SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTOI�I CASUALTY COMPANY Hartford, Connecticut 06183-9062 � TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Dlinois 60563-8458 � � � I�I POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY TiiESE PRESENTS, TI3AT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Dwight F. Miller, David C. Banks, Janice B. Kaplan, Kevin P. Nagel, Jeffrey S. Malecek, Terry J. Reckamp, Lorraine Pozezinski, Eileen Lucitt, Carol F. Tasciotti, Evonne Brown, Adele M, Korczak, Grace Villarreal, Gail Sehroeder, Craig Goesel, Jeffrey A. Zehr, Rebecea L. Dauparas, Barbara J. Bai[ey, Chad Berberich, Cindy Gensiinger, Gina M. Damato, Meredith C. Covelli, Thomas A. Pictor, Juli Giorgianni Erik Janssens, Jane Bronson, Pete A. Turner or Nan-Yi Chen * * aof Naperville, IL, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby, conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): �by his/her sole signature and act, any and a1I bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto �and to bind the Companies, thereby as fully and to the same eatent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. aThis appointment is made under and by authority of the following Standing Resoludons of said Companies, which Resoludons are now in full force and effect: �VOTED: That the Chairman, the President, any Vice Chauman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatvry in �t,�e nature of a bond, recognizance, or conditional undertaking, and any of said of�icers or the Board of Directors at any time may remove any such a�ppointee and revoke the power given him or her. * � � J �I VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOT'ED: 'That any bond, recognizance, contract of indemnity, or writing obligatory in the natute of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secrecary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company of�icers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CA5UALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resotution is now in full force and effect: � VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of altorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fa�t for purposes only of executing and attesting bonds and undertalcings and other writings obligatory in the nature thereof, and any such power of attorney � or certificate bearing such facsimile signatwe or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. � (R-97) � STATE OF ILLINOIS � COUNTY OF COOK �� ..., . � °OFFICIAL S�AL" �i LORRAIPeE P(7%�ZlI�SKI � Notary Pub;�c, State of Illinois N�y Com�n�ssion Expires 12/19/2001 � r 5-2429 (07-9� LORRAINE POZEZINSRI ) I, . _ a Notary Public in and for said County and ) SS. State, do hereby certify that Resident 1 Vice President, and Resident Assistant Secretary, GINA M. DAMATO Attorney-in-Fact, ¢f TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, .. who 1 S personally known to me to be the same person _ whose name i 8 subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of TR.AVELERS CASUALTY AND SURETY COMPANY OF AMERICA, for the uses and purposes therein set forth. Given under my hand and notarial seal, this 28 th day of July 19 99 . , �q��("� ..cs Notary Public PART G � L�J CI ,�� L1 L! � � !J � � � � � �■J C � PART G - CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into Julv 27. 1999 by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and Ace Pipe Cleanina. Inc. of the City of Kansas , County of Jackson and State of Missouri , Party of the Second Part, hereinafter termed "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Ownerl to commence and complete certain improvements described as follows: Cleaning of Sanitary Sewer Mains 134, 272D and 272D1 R PROJECT NO. PS46-070460140250 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 complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General 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 therefor, subject to � additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in quadruplicate in the year and day first above written. �� ATTEST: l� BY � � L� � J�/�l� Gloria Pearso (SEAL) ��9�� D�M! .--�"' , City Secretary � � / � secretarY� rer Approved for Fort Worth City Water Department: �;��i -c, �� C-G� (-e-1 � Lee �. Bradley, Jr. P.E. ) � Approved as to Form and Legality: � Wade Adkins, City Attorney �, � ' � %a.�� Contract l�uthorization � ---� � �'�=-� - r��tC Citv of Fort Wor , Te�s, (Ownerl Party f he Fir t;Part ; � � Bo Terrell, ity Manager G-2 ACE PIPE CLEANING9 [lVC. �� .��'�Cl.�-L— Patrick iM. Browno �ce Pr�siden: 0 � � r' + � � 1 ^. � � . .n, , ,.'f�,iit="! �"'i �'�!� ��%4 � J + ' , � , ,fw �r�.Y � , r'_ . 3 r . -;� � t .. • ! 1'� � . � . 0 LJ � O i� � �� '� �� '� �� 0 � Exhibit B Listing of Lines to be Cleaned PART H � � � � � � � � � � � � � � � � � � � � PHASE I � FROM MAIN STATION M-272D 1 R 4+66 � M-272D 253+94E PHASE II FROM EXHIBIT B TO DIAMETER LENGTH MAIN STATION (IN) (FT) M-272D 253+94E 36 466 M-272D 222+96 48 3,098 TO DIAMETER LENGTH (IN) (FT) � 24 5,192 � 10 20 � 48 6,562 � MAIN STATION MAIN STATION � M-134 131+38 M-134 131+38 M-272D 219+96 M-134 M-272D M-272D 79+46 202+45 154�+34 Exhibit B - 1 Y ACE PIPE CLEANING, INC. The Environmental Protection Specialists --- 1509 Sylvania Court • Fort Worth, Texas 76111 •(817) 332-1115 • Fax (817) 332-1557 MS Gloria Pearson City Secretary City of Fort Worth Ms.Pearson: September 13,1999 Please find pages enclosed that need to be filed with document #25152. Any assistance that you could render us in tlus matter would be greatly appreciated. Sincerely v��:�� Dan wciods Superi�tendent Ace Pipe Cleaning, Inc. � ,/_ L � �'' City of Fort Worth, Texas �i►�Ayor At1d Caunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 7�2��99 **C-17552 60ACE I 1 of 1 SUBJECT AWARD OF CONTRACT TO ACE PIPE CLEANING, INC. FOR CLEANING OF SANITARY SEWER MAINS 134, 272D AND 272D1R RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Ace Pipe Cleaning, Inc. in the amount of $103,116.50 for the Cleaning of Sanitary Sewer Mains 134, 272D and 272D1 R. DISCUSSION: On August 9, 1998 (M&C C-16981), the City Council authorized an engineering agreement with RJN Group, Inc. for the Clear Fork parallel relief sewer. As part of this agreement, the consultants prepared a contract to clean approximately 15,338 linear feet of existing 24-inch and 48-inch diameter Clear Fork sanitary sewer mains. Cleaning of these sewers will greatly improve pipe capacity and reduce the potential of sewer backups and manhole overflows near the Harwood Circle neighborhood. This project was advertised for bid in the Commercial Recorder on April 22, and 29, 1999. On May 20, 1999, the following bids were received: BIDDERS Ace Pipe Cleaning, Inc. CLS Service & Supply, Inc. BID AMOUNT $103,116.50 $141,146.90 CONTRACT TIME 90 Calendar Days 90 Calendar Days Mains 134, 272D and 272D1 R are located in Hulen Street and the Union Pacific Railroad yard in the southwest part of Fort Worth, in COUNCIL DISTRICT 9. Ace Pipe Cleaning, Inc. is in compliance with the City's M/WBE ordinance by committing to 19% M/WBE participation. The City's goal on this project is 14%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Sewer Fund. MG:j Submitted for City Manager's Office by: Mike Groomer Originating Department Head: Lee Bradley, Jr. Additional Information Contact: 6140 8207 Lee Bradley, Jr. 8207 FUND I ACCOUNT I CENTER � AMOUNT (to) (from) PS46 539120 070460140250 $103,116.50 CITY SECRETARY APPROY� CITY COUNCfI JUL �7 1999 �� +fig �'A'st � 'v� �A1� �'�r'mtsth, i'sz�..