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Home My WebLink About025218 - Construction-Related - Contract - M.E. Burns Construction, Inc.� � � � � '� � .�. .d ►+• 4.� 4 .� � r- � r � � f" � � ;� :� � ��;�; ��T�RY ✓ �.�.E. �� +��!o�T�.��'Ft��'� �C��l�� '-��T�UCTdOi�'� C.��'Y ��'�� z� �7 0 � .._ .:.. # �... �.; � �� '�.t��i�i �� k � �— SPEd�IAL CONTRACT DOCUMENTS FOR 0 n WATER IMPROVEMENTS IN WESTDALE DR�VE FROM SOUTH DRIVE TO WESTLAKE DRIVE PROJECT NUMBER PW53-060530175530 DOE NO. 2409 KENNETH L. BARR MAYOR Fort Worth Water Department A. DOULGAS RADEMAKER, P.E., DIRECTOI� DEPARTMENT OF ENGINEERING BOB TERRELL CITY MANAGER PREPARED BY DEPARTMENT OF ENGINEERING � ��f��@ad �[��OQ� �0� ��Q�� (�o �G'��9 ��a CITY SECRETARY CONTRACT NO. � �� • ,� �A � � �. � ,� w�� ` n � � . � � � rt _ �" �. � � o � � . � + . it � � s f � l . � .. . F � t'� � r "' .. a., ' " ..e' R ��"� ^�" � " r � w ^"i. w � b � � � s � 5 � � �� I � � �� i I �.�.� � r SPECIAL CONTRACT DOCUMENTS FOR WATER IMPROVEMENTS IN WESTDALE DRIVE FROM SOUTIi DRIVE TO WESTLAKE DRIVE PROJECT NUMBER PW53-060530175530 DOE NO. 2409 KENNETH L. BARR MAYOR Forf Worfh VVater Department A. DOULGAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING BOB TERRELL CITY MANAGER PREPARED BY DEPARTMENT OF ENGINEERING �I � � � � � ,� � � � 1 � � � � � � � � SPECIAL CONTRACT DOCUMENTS FOR WATER IMPROVEMENTS IN WESTDALE DRfVE FROM SOUTH DRIVE TO WESTLAKE DRIVE PROJECT NUMBER PW53-060530175530 DOE NO. 2409 KENNETH L. BARR MAYOR A. DOULGAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING BOB TERRELL CITY MANAGER PREPARED BY DEPARTMENT OF ENGINEERING � LJ 1`' � � � � � LJ !�' � ��l � � � � � LI�� 1. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. TABLE OF CONTENTS Notice to Bidders Special Instructions to Bidders Part B-Proposal Minority and Women Business Ente�prises Specifications Part C-General Conditions Part D-Special Conditions Certificate of Insurance Contractor Compliance With Worker's Compensation Law Performance Bond Payment Bond Maintenance Bond Part G-Contract � !J � � J � � !�1 � � � h� l� � � L�; � NOTICE TO BIDDERS Sealed proposals for the following: FOR: WATER REPLACEMENT IN WESTDALE DRIVE FROM SOUTH DRIVE TO WESTLAKE DRIVE PROJECT NO. PW53-060530175530 DOE NO.: 2409 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursday, July15, 1999 and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of $20.00; such deposit will be refunded if the document is returned in good condition within 10 days after bids aze opened. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) per set. Bid security is required in accordance with the Special Instructions to Bidders. The City reserves the.right to reject any andlor all bids and waive any andlor all irregularifie`s. No bid �may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. � Bidders are responsible for obtaining all addenda to the contract docutnents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected � as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. f!! � '�,� In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The bidder sha11 submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The F'� Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing departtnent to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render your bid non-responsive. For additional information, contact Rick Zohne @ 871-8425. ' '' ` . . ' . V � . �.,1 .. . ' . BOB TERRELL CITY MANAGER Advertising Dates: June 17, 1999 June 24, 1999 GLORIA PEARSON CITY SECRETARY Department of Engineering A. Douglas Rademaker, Director By�� .�- John Firin , P.E. g �Manager, Engineering Services � !�! � � O � L� L*! "� L�l � O SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REOUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid lunit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the fmancial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for fmancial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. � Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City will atteinpt 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. �� L*J I�l L�' !�7 � 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury List, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Iteference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents must be paid on this project. L'�' 5. AMBIGUITY: In the case of ambiguity or lack of cleamess in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the � Proposal. • 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. , "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within foriy- five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contraci, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their em�iloyment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, retirement-plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's � provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. �J � � � u `J F'_�J �� i� �`I � L�, L�J L�J L�; � LJ 11. MINORiTY AND WOMEN BUSINESS ENTERPRiSES: In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM (`•`Documentation") as appropriate. The Documentation must be received by the managing�depattixient no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. 12. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. Revised 1/27/99 , ,.. . ,. �J City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICAT(ON OF POLICY _ „ _ If the totai dollarva(ue of;the contract ls $25,000 or more, the M/WBE goal (s applicable. If the total dollar� value of the contract is less than $25,000; the M/WBE goal is: not applicable POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. MNVBE PROJECT GOALS The City's MBE/WBE goal on this project is 11 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. . SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form: 2. Prime Contractor Waiver Form: 3. Good Faith Effort Form: received by 5:00 p.m., five (5) Cfty business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City bustness days after the bid opening date, exclusive of the bld opentng date. received by 5:00 p.m., five (5) City business days after the bid opening date, excluslve of the bid opening date. FAILURE TO.COMPLY WITH THE CITY'S;M/WBE;;ORDIN.ANCE,`WILL=:RESULT IN THE BID BEING CONSIDERED NON-RESPON8IVE TO SPECIFICATIONS. Any questions, please contact the M/WBE Office at (817) 871-6104. Rev. 6/2/98 ATTACHMENT 1A Page 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION � C� � M . � �«rv� � �,-,s-k-n� r:�r� j:Z-t�c , r"J � � �=� ) 1 PRIME C�MPANY NAME BID�qATE � v�-4ev -i=�n��:,x,,..e.�+� � l�skc44le Dr-, f�am .5��+t..�-_ f� (..k�:�} k�r7�, . 1'W s3 -�b u s" 301 `7 s s� v PROJECT NAME PROJECT NUMBER � CITY'S M/WBE PROJECT GOAL: � M/WBE PERCENTAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE �rms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered - non-responsive to specifications. Company Name, Contact Name, Address, and Telephone No. Certified Specify All Contracting Scope of Work (*) Specify All items to be Supplied(') Dollar Amount �: � L Q � y � . � �.3 I� S�°`-' ~ U ~ � � Q � �"' � U X Z ~ S � a rr (�a vy, � � I� k,-� � s s� / .�.t.:'.�. �J � �� , �Y % (� 1 �(.� + V LC�-+r �� J �, I"?- �Sl -1�539 �.�i �)�'IT,J v► i rn -F-t� G i',o n-�rr, � ��.�.�..a��.y�-�e . �y�,y� i., �n � � y�i'{n ; I� ��O � U 4� — �/ e f �- c3�-n-e � _ _ . e 73 I '7- q � �-- �l S �z � � l.i �f � i 5 % '�- �-I-�.� l ,1`nC��Y i CJ�� S �- ��-s �i�.+- n'� -s �. S'i c�h S �� C� KY�I C� � 5 —/-�o� /� W / � M/WBEs must be located in the 9(nine) county marketplace or currently dofng business in the marketplace at the time of bid. (') Specify all areas in which MWBE's are to be utilized and/or items to be supplied: (') A complete listing of items to be supplied is required in order to receive credit toward the MIWBE goal. ( ') Identify each Tier level. . � � � R �r. i Tier: Means the level of subcontracting below the prime contracto�/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 1" tier, a payment by a subcontractor to its supplier is considered 2"d tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BIO OPENING, EXCLUSIVE OF THE BID OPENING DATE ' Rev. 6/2/96 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 ciyt of Fort wortn Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION � Company Name, Contact Name, Certified Specify All Contracting. Specify All Items to be Address, and Telephone No. Q F� Scope of Work (") Supplied(") ,�,_ � o° � d I z � _ `� ~ �_._.. �_._ _ _,._.. ..____ Dollar Amount �, The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding :tual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. �e bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or pmployee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the >ntract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, ...ate or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work r a period of time not less than one (1) year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD i��.------ s:" `=-- -- M c� r v° �� F.��.� � h� �t orized Signature Printed Signature � � I-'�es', C'� P v, �`tle �'�! • I �v_r �s �.ov�s-�-r� C fi�` ��t�� c _ Company Name � 1�'� (� Y`� r II� �� i ��% � e ..idress V � �%-� W r�---I-� i k 7(� rlv —� (� � R ty/State2ip Code � Contact Name and Title (if different) � � �� - `-��-( � �,�,�� - Telephone Number (s) � I � - � � � - o :�_ o r7 Fax Number �-- / � -- 9 9 Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BIO OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. 6/?J98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1 B Page 1 of 1 ciyt of Fort wortn Minority and Women Business Enterprise Specifications Prime Contractor Waiver Prime Company Name Bid Opening Date Project Name Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effart Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete th`is form::in" its entirety and be received by tfie°:N(�j��n�i�p D�aa�tm�n� on �or before 5:00 ii.m.:`f'ive�'(5) Giiv business days �after bid Qp;�enind,'.exclusive of the fiid opening date;Y will result in the bid being considered non-responsive�tobid specifications. �� Will you perform this entire contract without subcontractors? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signatu�e Title Company Name Address Authorized Signature Printed Signature Contact Name (if different) Contact Telephone Number (s) Fax Number Company Name Rev. 6l2198 � � � I� 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 installation of approximately 2388 � L.F. of 16 Inch Water Pipe and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: � � �1 l�J L�, C�� L�J PROJECT NAME: WATER IMPROVEMENTS IN WESTDALE DRIVE FROM SOUTH DRIVE TO WESTLAKE DRIVE. Water Pxoject No. PW53-060530175530 Pursuant to the foregoing `Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Docutnents and subject to the inspection and approval of the Director of the City Engineering Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and fumish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: � � B-1 � ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1. 4$ L.F. 6-Inch Water Pipe *, D-5, D-22; Per Linear Foot: �e,ni'y - 2.1 � ►" I� DOIIaY'S and � e� Cents $ a � °� � �, 3 ��a� 2. 643 L.F. 8-Inch Water Pipe *, D-5, D-22; Per Linear Foot: �h; r -1-�� - -�iV � Dollars , and �` -�V„ Cents $ 35 "v $ a a SOS U� 3. 4. 5. $'�s✓°° $ ��so � [� �j` � (� Dollars $ and Cents 23 L.F. 12-Inch Water Pipe *, D-5, D-22; Per Linear Foot: �vr -1-y—.�� Dollars and '� � � Cents 2388 L.F. 16-Inch Ductile Iron Pipe,Class 51, D-21, D-36; Per Linear Foot: S; x.}-,i - s i x Dollars and � �; � -f� Cents 2388 L.F. 16-Inch Pretensioned Concrete Cylinder Pipe, C 303 D-23, D-36; Per Linear Foot: . ; $1� o� � `" $1s��, SD�� $ : � � � � � � � � a � � a � � a � � � .a 6. 3 7. 7 8. 1 9. 2 10. 1 11. 1 EA. 6-Inch Gate Valve w/ Cast Iron . Box and Lid, , D-20; Per Each: ' 00 ��ur l,kn�r�d seveh+y--�;�-e Dollars $�%S — �d � �„�, � Cents EA. 8-Inch Gate Valve w/ Cast Iron Box and Lid, D-20; Per Each 1 � oU �`j'i X l�u.v� Gt red -Iw e� �� --�cv e Dollars $(D� S' and � .��-v Cents EA. 12-Inch Gate Valve w/ Cast Iron Box and Lid, D-20; Per Each a,ne-l-I�oksand�-fw�huhdr�d-��'t�� Dollars $ �, �SOb° and � e ro Cents � EA. 16-Inch Resilient Seat Gate Valve w/Vault, , D-20; Per Each $ �,�aS`� $ �i, 3'7S �° $/,aso°-= a� �'iX �I-hu�..�.sqhC( Dollars $�,Oot�'� $%��` and � � Cents L.S. Concrete Pressure Pipe Fittings and Specials for 16" R.C.C.P. D-23, D-36; Per Lump Sum � � (� �j �, (� Dollars $ and Cents Tons Cast Iron/ Ductile Iron Fittings, ' �6„&g„� D-21; Per Ton � $ ' o� oc� Tl�ree ��uS ak� Dollars $�,OC70— $3,�� and � �e�v Cents : 12. 3 13. 3 14. 15. 16. 17. Tons Cast Iron/ Ductile Iron Fittings, (16") D-21; Per Ton h,�ee —1-��s c�� Dollars $ �, 000 � $ �', �nt� � and �-� Cents EA. Standard Fire Hydrant, 3'-6" � Bury Depth; Per Each o� D�e,�-1�oc.�.sct�d„�kehuhdredf'i�Dollats $�, i5 �` �d �.�,.� � Cents ' 3 L.F. Fire Hydrant Bbl. Extension, Per Linear Foot: �",�� h �,...v� �.re.G( Dollars and �� Cents $ a�70�� 3 EA. Remove Existing Fire Hydrant, I�-19; Per Each , Q�� H u-�d �c.c4 -�i -�-�4-�.� Dollars ao and � o�o � Cents $ � �� 1 EA. Install 1-Inch Air and Vacuum Release Valve w/ Vault, ; Per Each � �wn ��ousay,d,�iVL�l�dfc�PDollar5 $a,��` and � e�,1, Cents 36 L.F. 8-Inch SDR-26, for Sanitary Sewer Replacement at Variable Depth, D-9; Per Linear Foot: � , � _i_"h ; ►- -hr -1- wo Doi��s $ 3 a-n and � e�, . Cents $ 3' �-S o�� $ ��o � $ �S�°.� $ �� 5�00 $ /,/�� ., �.l � � � Ld � � � � U � a � � � � � � � 18 19. 20. 21 22. 23. 54 L.F. 6-Inch SDR-26, for Sanitary . Sewer Replacement at Variable Depth, D-9; Per Linear Foot: o� � 1 h + r �Y Dollars $ �-- and �.-��-u Cents 33 . - nc ervice Taps to main, D-18; Per Each Th�� u�d�-ed �'-� Dollars and � e,� Cents $ 350� 745 L.F. Install 1-Inch Copper Service From Main to Five (5) Feet Behind the Meter, D-18; Per Linear Foot: 0 . . ,�o�.�-t�� Do��s $ l�° and � �� Cents 1 EA. Install Multiple Service Branches For 1-Inch Copper Service, D-18; Per Each �o,r -'- � ' �rVe. Dollars $ `7� �o and �-�c� Cents 33 EA. Furnish and Set Class 'A', 'B', and 'C' Meter Boxes, D-18; Per Each N�� n e�-� Do��s $ 9i�ob and �.w-� Cents 1 L.S. Furnish and Lay 2-Inch Pipe and Fittings for Temporary Service, D-26; Per Lump Sum $/��o�o g 1l, 550°� $ iv,�3ob� v� $ �5 $ a,��v°� �. �� i�� s',�-� Dollars $ ,��o d � $ v�Qa6 �.� and �� Cents . I� 24. 40 C.Y. Crushed Limestone, D-12; Per Cubic Yard . �1N c� Dollars and � t.�-� Cents 25. 20 C.Y. Class'B' Concrete (2500#) Per Cubic Yard �� ✓�e � Dollars and �-�ta Cents 26. 20 C.Y. Class'E' Concrete (1500#) Per Cubic Yard � �v D Dollars and ��e,�, Cents 27. 2430 L.F. Trench Safety System, D-15; Per Linear Foot: � 1�� Dollars and �-�e�u Cents 28. 42 L.F. Extra Depth of Water Mains, 8" Per Linear Foot: � I/l 2. Dollars and �� Cents 29. 23$8 L.F. Extra Depth of Water Mains, 16" Per Lineaz Foot: � � Dollazs and �t �� Cents � 30. 25 L.F. Remove and Replace Concrete Pavement on 2:27 Concrete Base, Fig. 1, D-13, D-14; Per Linear Foot: � �J X�/ ��v� Dollars and �� Cents :. $�°a � $ 3v �� $ $ i�a _ $ �d � ry $ �S $ � �� $ �1 C�� UD $ t� c� `_. � �� $a,�3�°D $ �� $ l, )9�`� � $ �� b� � � � � � � � � � � � � � � a a � a � 31. 3800 L.F. 2-Inch Hot or CQId Mix Temporary Pavement Repair, Per Fig A, D-27; Per Linear Foot: a �,� l�-� Dollars $ �� and ��v Cents 0 $ 30,�-c��° , , a s' TOTAL AMOUNT BID $ ��i7 , �%S� *Type of Pipe Used ��. (6"-8") PVC DR-14: (6"-16") DIP Class 51: �/`" (16") Reinforced Concrete Cylinder Pipe (AWWA G303 per E1-6) For 16" Water Installation, Contractor shall bid Items 4 and 12 if Ductile Iron Pipe is indicated or items 5 and 10 if Concrete Cylinder Pipe is indicated. : PART B - PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee �applicants to the undersigned aze not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 45 working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to undexbid resident bidders. �B. The principal place of business of our company or our pazent company or majority owner is in the State of Texas. - �. : � � � � � � � � � � � � � � � � � � � I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1(Initials) Addendum No. 3(Initials) Addendum No. 2(Initials) Addendum No. 4(Initials) Respectfully submitted, /�%�T ��i1/l�✓6�S /��l.+�'.�:G-• Byi��/..��---'-� L� tlr�"' Title �r s�� Address ,�v //�� /��,� , � ��-f ��//a — a �?�' Telephone: f�/7 ' Yy% - D Z-� �- (Seal) Date: % /5 = 91�. .. � � � � � Q � � � � � � � � a � a � a LIST OF CAST IRON DUCTILE IRON-FITTINGS PW53-060530175530 (WESTDALE DR & SARITA DR) AS REQUIRED BY E2-7.11A TO BE SUBMITrED WITH BID NO. OF FITTINGS FITTING � FITTING WEIGHT PER TOTAL SHT. 2 SHT. 3 SHT. 4 SHT. 5 TOTAL SIZE TYPE EACH (LBS. WEIGHT INCLUDING (TONS) ACCESSORIES) 1 1 1 1 1 1 1 3 1 1 1 1 2 1 � 1 � 2 2 I 1 5 1 3 1 3 2 6 1 16" x 16" 16"x8" 8�� X 8�� 12" x 6" 8" x 6" 16" x 12" 16" x 8" 8" x 6" 16" 12" 8�� $�� Cross l/ G d Tee �� y� Tee z � v Anchor Tee q � � Anchor Tee L 7 a Reducer L, �� Reducer z �? � Reducer i� o MJ Solid Sieeve 3 z� MJ Solid Sleeve /�� MJ Solid Sleeve , L a 1/16 Bend � � ,� �� S3 � 6/ � /3 /, / 8 � �� , � y n �-Y- n .� � (._- h D 8 v= 0 �� D a � a � Q � � � � � � !.f � � � � � � LIST OF CONCRETE PRESSURE PIPE FITTINGS PW53-060530175530 (WESTDALE DRIVE) C303 PRETENSIONED CONCRETE CYLINDER PIPE ADD OR SUBTRACT FOR THE FOLLOWING CONCRETE FITTINGS INCLUDING INSTALLATION 16" AWWA C303 Beveled Joints 1°to5° Bend ' 5°O1' to 11°15' 11°16' to 22°30' 22°31' to 45°00' 45°O1' to 67°30' 67°31' and Larger Valve Adanters GKT x C.I. w/ Flange Outlet & Insulated Kit C.I. x GKT w/ Flange Outlet & Insulated Kit Adauters Grade GKT x GKT Closure Section Thrust Ring P.lu� . Bullhead, GKT Night Plug Cleaning Wye Outlets 4" Flange or MJ Bell 6" Flange or MJ Bell 8" Flange or MJ Bell 12" Flange or MJ Bell Tees 16" x 16" x 8" $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Contractor shall fill in blanks as part of his bid, if bid is based upon Pretensioned Concrete Cylinder Pipe. NOTE: Contractor is responsible for conect quantity totals of all fittings and specials. ,�� f" . `1 � � J � � � PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS C1-1 C1-1.1 C1-1.2 C1-1.3 C1-1.4 C1-1.5 C1-1.6 C1-1.7 C1-1.8 C1-1.9 C1-1.10 C1-1.11 C1-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1.29 C1-1.30 C1-1.31 C1-1.32 DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street C1-1 Cl-1 C1-1 C1-1 C1-1 Cl-1 Cl-1 C1-1 Cl-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 Cl-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 Cl-1 Cl-1 C1-1 C1-1 C1-1 (1) (1� (2) (2) (2) (2) (2) (2) (2) (3) (3) (3> (3) (3) (3) (3) (4) (4) (4) (4) (4) (4) (4) (4) (4) (5) (6) (6) (6) (6) (6) (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2.2 Interpretation of Quantities C2-2.3 Examination of Contract Documents and Site C2-2.4 Submitting of Proposal C2-2.5 Rejection of Proposals C2-2.6 3id Security (1) C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (3) C2-2 (3) C2-2 (3) �► � 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 Irregular Proposals C2-2.12 Disqualification of Bidders C3-3 C3-3.1 C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C3-3.1"0 C3-3.11 C3-3.12 C3-3.13 C3-3.14 C3-3.15 AWARD AND EXECUTION OF DOCUMENTS Consideration of Proposals Minority Business Enterpise Women-Owned Business Enterprise compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payroll Contractor's Contract Administration Venue C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4.2 Special Provisions C4-4.3 Increased or Decreased Quantities C4-4.4 Alteration 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 WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5.2 Conformity with Plans C5-5.3 Coordination of Contract Documents CS-5.4 Cooperation of Contractor C5-5.5 Emergency and/or Rectification Work C5-5.6 Field Office C5-5.7 Construction Stakes C5-5.8 Authority and Duties of Inspectors C5-5.9 Inspection C5-5.10 Removal of Defective and Unauthorized C5-5.11 Substitute Materials or Equipment CS-5.12 Samples and Tests of Materials C5-5.13 Storage of Materials CS-5.14 Existing Structures and Utilities C5-5.15 �nterruption of Service C5-5.16 Mutual Responsibility of Contractors C5-5.17 Cleanup C5-5.18 Final Inspection C2-2 (4) ' C2-2 (4) C2-2 (4) C2-2 (4) � C2-2 (4) C2-2 ( 5 ) "'" 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 (1) C4-4 (1) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 (3) C4-4 (4) C5-5 CS-5 CS-5 C5-5 C5-5 C5-5 CS-5 C5-5 CS-5 Work C5-5 C5-5 C5-5 C5-5 C5-5 C5-5 CS-5 C5-5 C5-5 (1) (1) (2) (2) (3) (3) (3) (4) (5) (5) (5) (6) (6> (7) (7) (8) (8) (9) (2) �ri �' � �r � � :� � ' i C6-6 C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6-6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.11 C7-7.12 C7-7.13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 C8-8 C8-8.1 C8-8.2 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment of Relocation of Public Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Se:_tion of Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract due to National Emergency Suspension of Abandonment uf 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 linit Prices (3) C6-6 C6-6 C6-6 C6-6 C6-6 (1) (1) (1) �2) (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 (10) C6-6 (10) C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 (11) (11) (11) (12) (12) (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) (2) (2> (3) (4) (4) (4) (5) (6> (6) C7-7 (7) C7-7 (7) C7-7 (9) C7-7 (10) C7-7 (13) C8-8 (1) C8-8 (1) C8-8.3 C8-8.4 C8-8.5 C8-8.6 C8-8.7 C8-8.8 C8-8.9 C8-8.10 C8-8.11 C8-8.12 C8-8.13 Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adquacy of Design General Guaranty Subsidiary Work Miscellaneous Placement of Material Record Documents (4) C8-8 (1) C8-8 (1) C8-8 (2) C8-8 (3) C8-8 (3) C8-8 (3) C8-8 (4) C8-8 (4) C8-8 ( 5 ) C8-8 (5) C8-S (5) � � , PART C - GENERAL CONDITIONS C1-1 DEFINITIONS L� SECTION Cl-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: � [''� � r � � PART A- NOTICE TO BIDDERS (Sample) PART B - PROPOSAL (Sample) PART C - GENERAL CONDITIONS (CITY) ' (Developer) PART D - SPECIRL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT (Sample) (Sample) White white Canary Yellow Brown Green E1-White E2-Golden Rod E2A-White Blue White White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A- NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H- PLANS (Usually bou�nd separately) C1-1 (1) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work con�emplated under the Contract Documents, constitutes a bidde.r. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Condition5 and Special Conditions, the latter shall take precedence and shall gavern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) �r , � faithful performance of the contract and include the following: a. Performance Bond b. Payment Bond (see c. Maintenance Bond d. Proposal or Bid to Bidders, Part (see paragraph C3-3.7) paragraph C3-3.7) (see paragraph C3-3.7) Security (see Special Instructions A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement �between the Owner and the Contractor covering the mutual ' understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal r� corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manger, each of which is required by charter to perform specific duties. Responsibility for Final enforcement of Contracts involving the City of Fort Worth is by Charter � vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. � � � C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1 (3) , C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 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 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly autharized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, aasociation, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Con�ractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Leg�l holidays shall be prescribed by the City Council of the City of Fort oAservance by City employees as follows: observed as � Worth for r►� � C1-1 (4) ' � , � � C � r� a � e � 1. 2. 3. 4. 5. 6. 7. 6. 9. New 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 Fourth 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 named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday sha11 be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association oF MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Wor.ks $ - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O.D. - Outside Di�meter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yar3 Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron ��_� � 5 � �,"" � C1-1.27 CHANGE ORDER: A"Change Order" is a written supplemental agreement between the Owner and the Cont.ractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25� of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatmenL, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with o.r without separate base material. 5. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." 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') 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 othe.r than the natural material found on the street surface beF�re any i;nprovement was made. ' L� ' Cl-1 (6) � � , SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state �, the Bidder's qeneral understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal � contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior '� to the hour for openinq of bids. The financial statement required shall have been prepared by � an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so � prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new F^ statement is being prepared, the previous statement shall be y updated by proper verification. Liquid assets in the amount of ten (10$) percent of the estimated project cost will be required. '�' For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm �� seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects �+ completed not more than five (5) years prior to the date on which are to be received. The Director of the Water ` department shall be sole judge as to the acceptability of , experience for qualification to bid on any Fort Worth Water Department project. �' The prospective bidder shall schedule the equipment he has �'"' available for the project and state that he will rent such r additional equipment as may be required to complete the project on which he submits a bid. � C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C C2-2(1) � forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual guantities of work performed Qr materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINAZ'ION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgatiQn of the formal contract documents shall b� issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Uocuments, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulti�s of the work and all attending circumstances affecting the cost of doing the work or the time requi�ed for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Cont.ract Documents and officially promulgated addenda ther�to, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other 3ata wh.ich are necessary for full and complete 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 her�in required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) � LJ � � � _� � Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnishe the materials required. Al1 such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalan�ce value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. � C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a"Proposal Security" af the character and � in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as ' evidence of good faith on the part of the Bidder, and by way � of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish �-+ the required performance and other bonds. The bid security of � the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid , security of all other bidders may be returned promptly after � the canvass of bids. � C2-2(3) � C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole respansibility to deliver the proposal at the p�oper time to the proper place, The mere fact that a proposal �as dispatched will not be considered. The Bidd�r must have the proposal actually delivered. Each proposal shall be in a�ealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consid�ration of a pr000sal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the openiz�g 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 m�, at the option of the Owner, be returned unonened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by �elegraphic communication at any time prior to the time set For opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and providzd further, tha� the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within Forty-eight (48) hours after the prop�sal o�ening time, no further conside.ration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has bee:� received will be publicly opened and read aloud by the �ity Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been. awarded. Bidde.rs or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" i£ they show any omissions, alte.rations of £orm, addi�ions, or conditions not called for, unauthorized alternate bids, or irregularities oE any kind. However, the C2-2(4) �J , � Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of � the City. Tendering a proposal aft�r the closing hour is an .. irregularity which cannot be waived. �"" C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, i" but not limited to, the following reason: a. Reasons for believing that collusion exists among � bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. ' c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior cont.ract in an � unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, � and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion � of additional work if awarded. .. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the -� following: L* f� i.,� 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience r.ecord showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. � The Bid Proposal of a bidder who, in the judgment of the � Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. LJ ' � C2-2(5) l'Fl , �� PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. � C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, � upon request, �omplete and accurate information regarding _. actual work performed by a Minority Business Enterprise (MBE> and or a a Woman-owned Business Enterprise (WBE> on the � contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an � examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any � nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or ' local laws and ordinances relating to false statements; , further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for "r bidding on future Contracts with the Owner for a period of time of not less than six (6) months. L,r C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination � in employment practices. L� C3-3 (1) ' The Contractor shall post the required notice to that effect on the project site, an�, at his request, will be provided assistance by the City of Fart Worth's Equal Employment Officer who will refe.r any qualified �pplicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAW�L OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-f i.ve ( 45 ) days after tYie date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals fo.r a reasonable time, not to exceed forty--five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee... The award �f the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined fo.r comparison of bids, the Owner may, at its discretion, .return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. Al1 other proposal securities, usually those oE the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnishPd or the Owner has otherwise dijoosed of the bids, after which they will be r�turned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount nat less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and fa.ithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by rzason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) � � � bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the w�rk, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the nroposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. � � � � � � r c. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on th � at any time by the Owner, � to that effect and the l� � e contract be determined unsatisfactory notice will be given the Contractor Contractor shall immediately provide a C3-3 (3) new surety sa�isfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and,have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attPsted by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an a6andonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulatPd in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company wil.l, within ten (10) days after the commencement date set forth in such written authorization, comTnence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor sha11 not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractors' C3-3 (4) �� certif..icate of insurance for approval. The prime contractor shall indicate on the certificate of insurance inrluded in thP � documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance caverage requi.red herein shall include.the coverage � of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall � maintain, during th� li.fe of this contract, Workers' Compensation Insu.rance on all of his ' employees to be engaged in work on the project _ under this contract, and for all sub-contracto.rs. In cas� any class of employees engaged in hazardous �' work on the project under this cont.ract is not protected under the Workers' Compensation Statute, � the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The ' Contractor shall procure and shall maintain during _ the life of this contract Contractor's Comprehensive General Liability Insurance (Public � Liability and Property Damage Insurance) in an amount not less than $500,000 covering each � occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on accnunt oF property � damage with $2,000,000 umbrella policy coverage. " c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the �++ above-znentioned policies, and in the amount as set forth for public liability and property damage,,the �",� following insurance: l. Contingent Liability (covers Gene.ral Contractor's Liability for acts of sub-contractors). 2. ]Blasting, prior to any blasting being done. 3. Collapse of bui.ldings or structures adjacent to excavation (if excavations are to �e performed ad�acent to same). 4. Damage to underground utilities for $500,000. � l� r_3-3 (5) ' 5. 5. Builder's risk (where above-qround structures are involved). Contractual Liability (covers all indemnification requirements of Contract). d� AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall proc�re and maintain, during the life oF this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not 'less thari $100, 000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, an3 also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contr�ct Documents in amounts and by carriers sati.sfactory to the Owner. (Sample attached.) Al1 insurance requirements made upon the Contractor shall apply to the sub-contractor, shoutd the Prime Contractor°s insu.rance not cover thP sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDINGs The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) 1 1 City of Fort Worth, Tarrant County, Texas. Each � such agent shall be a dizly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or ar�y 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 banding 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, labo.r and services when due. �`'� C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engage3 in work on the � project at the site of the project shall be furnished to the Owner's representative within seven (7) days after thP 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 post�d in a cons�icuous place at the site af the project at all times during the course of the Contract. � Copies of the wage rates will be furnished the Contractor, by � the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a p�rson, p�rsons, partnershin, company, firm, association, corQoration or other who is approved to do business with and enters into a con�ract with the City for construction of water and/vr sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor sh�ll charge, delegate, or assign this office (or he may delegate his Project 7uperintendent) with Fu11 authority to transact all business actions required in the nerfo�mance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining ta the work governed by the �ontract whether it be administrative or othertaise and as such shall be empowered, thus delegated and dir�cted, to settle all m�terial, labor or other expenditure,s, all claims against the wark o.r any other � C3-3 (7) � matter associated such as maintaining adequate and appropriate insurance or security cove.rage f�r the project. Such local authority £or administration of the work under the Cont.ract shall be maintained until all business transactions executed as part of the Contract are complete. Shoula the Contractor's princi�al base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Cont.ractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requir_ements is that all matters associated with the Contracto.r's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative Fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8? � � PART C - GENERAL CONDI'rIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK ` C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite � intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to - construct or furnish, all in full compliance with the �,;,; requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or � special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in � these Contract Documents, furnish all labor, tools, materials, � machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. � C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract � Documents be anticipated, or should there be any additional proposed work which is not covered by these �ontract 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 wark and furnished to the Bidder in the form of Addenda. Al.l such "Special Provisions" shall be considered to be a part of the Contract Documents � just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves "!� the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the �work as altered, increas�d or decreased at the u.nit prices. ' Such increased or decreased quantity shall not be more than 25 percent of the contemplat�d quantity of such i�tem or items. When such changes incrQase or decrease the original quantity � of any item or items af work to be done or materials to be furnished by the 25 nercent or more, then either party to the � contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the � work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for �, "Extra Work." No allowance will be made for any changes in anticipated orofits nor,shall such changes be considered as ,+� 1 C4-4 (1) � � waiving or invalidating any r_ondi.tions or provisions of the � Contract Documents. Variations in quantities of sanitary sewer pipes in depth categcries, shall b� interpreted herein as applying to the ' overal.l quantitiPs or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changea in the Contract Documents and in the character or quantities of the work as �nay be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving o.r invalid�ting any condition or nrovision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations oE the Contract Documents or of quantities or for other reas�ns for which no orices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in acco.rdance with these Contract Documents or av��roved additions theretc�; provided, however, that beEore any extra work is begun a"Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. b. Unit bid price previously approved. An agreed lump sum. c. The actual xeasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used �t Associated �;eneral Contractors of America current equinment rental rates; (3) materials enteriny perma�iently into the projert, and (4) actual cost of insii.rance, bonds, and social security as detzrmined by the �wner, nlus a fixed fee to be agreed ue�on but not to exceed 10� of_ the actual cost of such ex�ra work. The fixed f�e i5 noi� to include any addit.ional profit to the Cont.ractor for r�ntal of equi�ment owne�3 by him and used f_or the extra work. The fee shall be fu11 and complete compensation to r_ov`r the cc�st oE sup�rintendenca_, overhea�, ot'ner prof_it, general and alt othe.r_ exp�ns� not included in (1), (2), t3), and (4) above. The Contractor �hall keep acr.urate cost r�cords on thA f_�rm and ii� the met'nod C4-4 (2) � ' ■� suggest�d by the Owne.r and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting partiPs. �, No claim for Extra Work of any kind ordered in writing by the Owner. instructions, either oral o.r written, to involve Extra Work for which compensation, he shall make written for written orders authorizing such beginning such work. �.. � � will be allowed unless In case any ord�rs or appear to the Contractor he should receive request to the Engineer Extra Work, prior to Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under .method (I�tem C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimat� after such work is done and unless the claim is su�ported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepar� for permanent record a corrected set of pla.ns showing the actual installation. � The compensation agreed upon for 'extra work' whether or not iniitiated by a'change o.rder' shall be a ful.l, com�lete and final payment f_or all costs Contractor incurs as a r�sult or �,,, re.lating to the change or extra work, whether said cost5 are known, iinknown, foreseen or unforeseen at that time, including � without licnitation, any costs for delay, extendec� overh�a�, ripple or impact cost, or any ot'ner effect on changed or unchanged work as a r�sult or the c�iange or ext.ra worlc. � C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work � under this contract, the Contractor shall submit to the Owner and receive the Owner'� approv�l ther�of, a"Schedul? of Operations," showing by a straight line method the date of commencing and finishing each of the rnajor elements oE the � contract. Tnere shall be also sizown tn� �stimated monthly cost of work for whic.h estimat�s ara t� be expectzd. Ther� � �4-4 (3) � shall be presented also a composite graph showing the anticipated progress of construction wit'n the time being plotted harizontally and the percentage of com�letion plotted vertically. The pro�ress charts shall be prepar�d on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start th� several major activities (including Procurement of materials, plans, and equipment) and the contemplated dates for campleting the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each pa.rtial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved py the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a rtinimum, the construction schedule shall incorporate all work elements and acti��ities inaicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Co�tractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract .r�quirements. The following guidelines shall be adzier2d to in prenaring the construction schedule: a. Mil,estone dates and final oroject completion dates shall be developed to conform to �ime constrai:�ts, sequencing requirements and completion time. b. The construction procec,:� shall be divided into activities with ti.me durations oi �pproximately fourt�en (14> days and construction values not to exceed $50,000. Fabrication, delivery and ssbmitt�al activities ar� exce�ti�ns to this guideline. C4-4 (4> � 1 � c. nurati�ns shall be in calendar days and normal � holidays and weather conditions over the duration oF the contract shall be ar_counted for within the -• duration of each activity. � d. One critical path shall be shown on the � construction schedule. e. Float time is deFined as the amount of time between the earliest start 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 unl�ss otherwise specified. . The construction schedule shall as a minimum be divided into gene.ral categories as indicated in the Proposal and Technical Specifications and each general category shall be � broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. t For each general category, the construction schedule shall �W identify all trades or subcontracts whose work is represented by activities that follow the guidelines of �" this Section. For each of the trades or �ubcontr�cts, the const.ruction schedule shall indicat� the following �orocurements, � constructi�n and preacceptance activities and �vents in their logical sequence for equipment and mat�rials. 1. Pre�aration and tr.ansmittal of submittals. 2. Submittal .review periods. �'" _ 3. Shop fa�rication and delivery. - 4. Erection or inst�llation. �" 5. Transmittal of manufacturer's operation and _ maintenance instructions. 6. Installed equipment and mat?rials testing. 7. Owner's operator instruction (if. applicable). 8. Final inspection. � � �4-4 (5) � 9. OperatiQnal 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 sub�nit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled nrogress and to insure compl�tion � of the work within the contract time. If the Owner finds the proposed plan not acceptablP, lie may require the Cont.ractor to increas� the work force, the construction plant and equip�nent, the number of wc�rk shifts or the � overtime operations without additional cost to the Owner. Failure of the Contractor to comply with tlzes� r�quirements � shall be considEred grounds for determination by tlie Owner that the Contractor is failing to Prosecute the work with such diligenc� as will insu.re its comple�ion within the ' time soecified. � � ' � ' ' , � � �4-4 (6) � � � � �ART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work n completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall � be a condition to the right of the Contractor to receive money d, due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary � decisions and orders as the Contractor fails to carry out promptly. �,,; In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such � matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both " the Owner and Contractor, a written decision on the matter in �_ controversy.� � C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, � finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by � the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. L�� C5-5 (1> � C5-5.3 COORD'INATION OF CONTRACT DOCUM�NTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, 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 advantaqe of any apparznt error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the �ngineer. In the event of a conflict in the drawings, specifications, or nther portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attenti�n necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project � competent, English-speaking superintendent and an assistant who ar� fully authorized to act as the Contractor's agent on the work. Such superintend�nt and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions fro� the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2) � ' � , adequately provide for the safety or convenience of the traveling public or the owners of property across which the . project extends or the safety of property contiguous to the project routing. u � � � The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanshi� and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Enginee.r, a condition of emergency exists related to any part of the work, the Contraetor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25�, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed,, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engine�r, i will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and contr�l of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of � stakes or other custocnary method of marking as may be found consistent with good practice. � � � C5-5 (3) These stak�s or markings shall be set sufficientl� in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelesaly or willfully destroyed, disturbed, or removed by the Contractor o.r any of his employees, the full cost of replacing such stakes or marks plus 25$ will be charged against the Contracto.r, and the full amount will �e deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR5: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the rnaterials to be used or equipment to be installed. A City Inspector may be stationed nn the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials beinq £urnished or the work beina performed by the Contractor fails to fulfill t Contract Documents, and to call Contractor to any such failure or otl inspection or lack of inspection Contractor from any obligation to accordance with the requirements of In case of any dispute arising between City Inspector as to the materials c the manner of performing the work, t have authority to reject materials c �ork until the question at issue car decided by the Engineer. The Cit however, be authorized to revoke, altE any requirement of these Contract Doct accept any portion or section of the instructions contrary ta the requi: Documents. He will in no case act foreman or,perform any other duties interfere with the management or ope: will not accept from the Contractor form for performing any duties. The c and obey the directions and instructic or Engineer when the same are consiste� of the Contract Documents, nrovid� Contractor object to any Qrders or i� Inspector, the Contractor may withi� appeal to the Engineer for his deci controversy. he requirements of the the attention of the er infringements. Such will not relieve the perform the work in the Contract Documents. the Co�tractor and the r equipment .furnished or he �ity Inspector will �r equipment to suspend be referred to and be � Inspector will not, �.r, enlarge, or release ments, nor to approve or work, nor to issue any ements of the �ontract as superintendent or for the Contractor, or ation of the work. He any co►npensation in any 'ontractor shall regard ns of the City Inspector t with the obligations :d, however, should the structions of the City six days make written �ion on the matter in C5-5 (4) m � � � C5-5.9 INSPECTION: The Contr�ctor shall furnish the Engineer with every reasonable facility for ascertaining whether or not , the work as performed is in accordance with the requirements of the Contract Documents. If�the Engineer so requests, the � Contractor shall, at any time before acceptance oF the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to �he standard required by the Contract Documents. � Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making W, good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be �"� unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. � C5-5.10 R�MOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines �? and grades given or as shown on the plans, except as herein i' specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the �'"' expense of the Contractor and will not be paid for by the , Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the - Contractor to comply with any order of the Engineer made under � the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unautizo.rized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unautharized work shall not constitute acceptance �" of such works. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit � Contractor to furnish or usP a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the �,j preconstruction conFerence, make writt�n application to 1'r ENGItVEER for approval of such substit��te certifying in writing that the proposed substitute will per.Eorm adequately the functions called fQr by the general design, be similar and of � equal substance to that specifie3 and be suited to the same use and capable qf performing the same function as that � specified; and identifying all variations of the proposed �5-5 (S) � substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written,approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which skiall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or in�irectly employed by either of them from and agaiizst the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted rnaterials or equipment. C5-5.12 SAMPLES AND TESTS OR MATERIALS: Wher�, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, sucn tests will be made at the expense of and paid for� direct to the testing agency by the Owner unless otherwise speciFically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Mat?rials or specific requirements of the Owner. The Contractor shall Drovide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case oF concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of coxicrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supp.ly change, new tests shall be made prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the constr.uction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Enginee.r, they shall b� placed on wooden platforms or other har3, clean durable surfaces and not on the C5-5 (6) � � � ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best i.nformation available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Co�tract Documents, in which case the provision in these Contract Uocuments for Extra Work s�al1 apply. � It shall be the Contracto;rs responsibility to verify locations of adjacent and/or confllicting utilities sufficiently iri �' advance of construction in order that he may negotiate such , local adjustments as neces'sary in the construction process to provide adequate clearan�Ces. The Contractor shall take all �� necessary precautions in order to protect all existing utilities, structures qnd service lines. Verification of � existing utilities, struct�'ures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of Iconstruction including exploratory I� excavation if necessar y. All verification of existing utilities and their adjustment shall be considered as �"' subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: � a. Normal Prosecution: In the normal prosectuion of `L'" work where the int�rruption of service is necessary, the Contractor, at least 24 hours in advance, shall + be r�quired to: l. Notify the Wat2r Department's Distribution Division as to location, time, and schedule of � service interruption. r � �� C5-5 (7) 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be inter- rupted on between the hours of and . This inconvenience will be as short as possible. Thank you, Contractor Address Phone b. Emergency_: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished ii� keeping with a daily routine established to the the satisfaction of the Engineer. Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job sit�� is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correr_t the C5-5 (8) �ti ' �" , unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up � deficiencies cited to the Contractor in the written notice, � and the costs of such direct action, plus 25� of such costs, shall be deducted from monies due or to become due to the � Contractor. � Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and �"'" final payment will be made, the Contractor shall clean and ! remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and �"'` wa5te materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing � condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been � satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and '" request that the Final inspection be made. Such inspection y will be made within 10 days after such notification. After such final inspection, if the work and mat�.rials and equipment are found satisfactory, the Contractor will be notified in � writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notif ication of the Engineer and the date of f inal inspection of the work. j i 1 1� �� u C5-5 (9) � � � PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY � SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct � of the work or his operations, and shall observe and comply . with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or � ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. r-, C6-6.3 PATENTED DEVICES MATERIALS AND PROCESSES: If the Contractor is required or esires to use any design, device, � material, or process covered by letter, p�tent, or copyright, he shall provide for such use by suitable legal agreement with �-' the patentee or owner of such patent, letter, or copyrighted �,,; design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade-marks, and copy rights in any � way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such �� patented design, device, material or process, or any . trade-mark or copy right in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it �, may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the ' responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of co:�struction or material or equipment specified in the Contract Documents furnished the Contractor � by the Owner, and to hold the Contractor harmless on account of such suits. i� t�± C6-6 (1) C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers an the work, properly secluded from public observation, shall be const.ructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. Al1 such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used� and the work shall at all times be so conducted, as to cause n� greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for t�e property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary For the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2> � 1 �� gas valves, or manholes in the vicinity. The Owner reserves - the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to "'' its attention, after twenty-four hours notice in writing to �„ the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. � The Contractor, after ap�roval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, � and, when so directed by the Engineer, shall keep any street, streets, or highways in conditiori for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire � Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, matPrials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be ,� r' C6-6 (3) .A carried on operation o contractors contract, Contractor assistance additional be provided in such manner as not to interfere with the f trains, loading or unloading of cars, etc. Other of the Owner may, for all purposes required by the enter upon the work and premises used by the and shall be provided all reasonable facilities and for the completion of adjoining work. Any grounds desired by the Contractor for his use shall by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement f�r the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the projeat which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 (4) � � �' � The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has ,�., been erected by the City. If it is determined that a sign must be removed to permit required construction, the �'" Contractor shall contact the Transportation and Public Works department, Signs and Markings Division (phone number 8780-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above �referenced manual and such temporary sign must be installed ' prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in " place until the temporary sign requirements are met. When construction work is completed ta the extent that the permanent sign caii be re-installed, the Contractor shall again �1 contact the Signs and Markings Division to re-install the �„ permanent sign and shall leave his temporary sign in place until such re-installation is completed. � The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenev�r evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The I^ 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 h-�. by the Owner . �'"' No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the � work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and � disposal of such barricades, signs, or for any other J incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this _, work is considered to be subsidiary to the several items for � which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the r" Contractor elect to use explosives, drop weight, etc., in the .. prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The �� Contractor shall notify the proper representative of any � public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in � � C6-6 (5) advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner wi11 provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. �ny additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owne.r has be�n secured in writing by the Contractor and a copy furnished to the Engineer. Unless snecifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) � � � � every precauti4n to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types � of structures or improvements, to all water, sewer, and gas '�; lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and �p to all otner public or private property along adjacent to the 1''i wor k . The Contractor shall noti.fy the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, �' neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the � Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to � that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such �„r damages or injury in a manner acceptable to the owner of the property and the Engineer. Al1 fences encountered and removed during construction oF this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, Pither wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easem�nts limits, before the fence is cut. " Temporary fencing shall be erected in place of the fencing � removed whenever the work is not in progress and when the � site is vacated overnight, and/or at all times to prevent �+r livestock frorn entering the construction area. The cost for fence removal, temporary closures and replacement shall be �subsidiary to the various items bid in the project , � C6-6 (7) proposal. Therefore, no separate payment shall be allowed for any service associated with this wo.r�. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contracto.r under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor sha11 have exclusive control of and the exclusive right to control the details of all the work ana services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of. its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not ap�ly as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise petween Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or suits for property damag� or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real o.r asserted, arising out of or in connection with, directly or indirectly, the work and �ervices to be performed hereunder by Contractor, its officers, agents, empl�yees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers agents, servants and employ2es for property damage or loss, and/or personal injuri�s, includi�g death, to any and a11 persons of whatsoever �kind or characte.r, whether real o.r asserted, arising out of or in connection with, directly or indirectly, the work and services to 'oe performed hereunder by �ontractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, Cb-6 (8) � 1 �, � in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees o.r invitees of the Owner. Cont.ractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration v of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such R,,, semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written � claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts hav� been made to settle such outstanding claims, and such good faith efforts have failed. r� If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the �" C6-6 (9) expiration of the six month period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractar against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an it�mized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES� ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engiileer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sew�rs, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage C6-6 (10) i� , � received from these temporary connections until such times as � the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or �,; ordered to be abandoned by the Engineer. Al1 water, sewage, and other waste shall be disposed of in a satisfactory manner � so that no nuisance is created and so that the work under construction will be adequately protected, C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE � CITY: When the Contractor desires to use City water in . connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. � City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. � Al1 piping required beyond the point of delivery shall be installed by the Contractor at his own expense. �` The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. `` When meters are used to measure the water, the charges, if �.. any, for water will be at the regular established rates. When meters are not used, the charges, if any, wi11 be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water �„ Department. � C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put r„ into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said � work or structure or any part thereof or as a waive.r of any of the provisions of these Contract Documents. All necessary " repairs and removals of any section of the work so put into ;,,� use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall � be performed by the Contractor at his own expense. � C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these � Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part �' r C6-6 (11) � thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor,shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies fo.r exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or leas� all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an ex�mption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certiPicate issued by the �ontractor in lieu �f the tax shall be subject to an3 shall comply with the provisions oF State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas limite3 Sal�s, F.xcise, and Use Tax Act, the Contractor r_an probably be exempted in the same manner stated above. C6-5 (12) i� ' � Limited Sale, Excise and Use Tax permits and information can ' be obtained from: Comptroller of Public Accounts � Sale Tax Division Capitol Station (" Austin, TX fl LJ ' , , 1 ' 1 , � ' � � C6-6 (13) � � � PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS �J SECTION C7-7 PROSECUTION AND PROGRESS: �,,; C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workman under his �., immediate superintendance, work of a value of not less than fifty (50�) percent of the value embraced in the contract. If ' the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under +�-r these Contract Documents. Al1 transactions of the Engineer will be with the Contractor. Subcontractors will be �'I considered only in the capacity of employees or workmen of the !„ Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any � subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person ' or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not � assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same r or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, �' transfer, sublet, convey, t�r otherwise dispose of the contract or his right, title, or interest therein or any part thereof, � to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, �* attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the � Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual �"' damages . C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any � construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of � �' C7-7 (1) pro�ecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract D�cuments. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such speeification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only �s set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the 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 sectian or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor is avai�able. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be import�d �nly after the local supply is e�hausted. The Contractor shall employ �nly such superintendents, foremen, and wor'�men who ar� carzfut, competent, and fully qualif_ied to o�rforrn t'ne duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to b� incompetent, disrespectful, inte:mperate, r�ishonest, or C7-7 (2) � 1 �"'' otherwise objectionable or neglectful in the proper , performance of his or their duties, or who neglects or refuses to comply with or carry out �he directions of the Owner, and such person or persons shall not be employed again thereon � without written consent of the Engineer. � � All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a s�tisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any Pa.rt of the work shall be subject to the approval of the Engineer and shall be maintained in a sa"tisfactory, safe and efficient working condition. Equipment on any portion oF the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapse3 working days shall -s starting with the first day of work completed as C1-1.23 "WORKING DAY" or the date stipulated i� �`' ORDER" for beginning work, whichever comes first. be computed defined in the "WORK � Nothing in these Contract Documents shall be construed as � prohibiting the Contractor from w�rking on S�turday, Sunday or Legal Holidays, providing that the fol_lowing requirements are met: � � a. A request to work on a specific Saturday, Sunday or Legal Holiday �nust be made to the Engineer no later than the proceeding Thursday. b. Any work to be dane on the p.roject on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. � The Engineer's decision shalt be final in response to such a request for approval to w�rk on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to � the Contractor Eor any work perEormed on such a specific Saturday, Sunday or Legal '3oliday. L ' W Calendar Days shall be defined in C1-1.24 and the Contracto:r may work as he so desires. C7-7 (3) C7-7.7 TIME OF COMMENCEMENT AND CUMPLETION: The Contractor shall commence the working operations within the timP specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insu.re that the whole work will be perform�d and the premises cleaned up in acr.ordance 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 when the request for such extension is submitted in writing to the Engineer within seven days From an� after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested s�zch request will be forwarded to the Ciiy Council for approval . In adjusting the contract time for completion of work, consideration will be given to unEorseeable causes �eyond 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, tor�a�oes, epidemics, quarantin� restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because nf inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a r?view of the Contractor's purchasa order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure deliv�ry on schedule. This shall include efforts to obtain t'ne supplies and materials from alternate sources in case the first source cannot malce delivery. If satisfactory ex�cution and completion of the contract should require work and materiats in greater amounts o.r quantities than those s�t forth in the aporoved Contract Documents, then the contract ti.me may be in:r�:�sed by Change Order. C7-7.9 DELAYS: The Contr3ctor shall receive no compensation for delays or ilin,drances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure af the City to provid� information or material, iF C7-7 (4) � � , � � any, which is to be furnished by the City. When such extra cocnpensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and rePerred by him to the Council for final approval or disapproval; and the action thereon by the Council shall b� final and binding. I£ delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivale�nt extension of tizne, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time sha.11 release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract, Each bidder sha11 indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract docusnents. The number of days indicated shall be a realistic estimate of � the time required ta comolete the work covered by the specific contract being bid upon. The amount o£ time so stated by the u successful bidder or the City wi11 become the time of .- completion specified in the Contract �ocuments. � For each calendar day that any work shall rPmain uncompleted after thz time speci:Eied in the Contract nocuments, or the increased time granted by the Owner, or as atitomatically increased by additional work or materials ord�red after the contract is signed, the sum per day given in the following �, schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the " Contracto.r, not as a penalty, but as liquidated damages ._� suffered by the Owner. � AMOUNT OF CONTRACT $ $ � $ $ $ � � Less than $ 5,000 5,001 to $ 15,000 15,001 to $ 25,000 25,001 to $ 50,000 50,001 to $ 100,00� 100,001 to $ 500,000 C7-7 (5) inclusive $ inclusive $ inclusive $ inclusivs $ inclusive $ inclusive $ 35.00 45.00 63.00 105.00 154.00 210.00 $ 500,001 to $1,000,001 to $2,000,001 and over $1,000,�00 inclusive $ 315.00 $2,000,000 inclusive $ 420.00 a 63Q.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 soecified by the Contract Documents would be incapable or v�ry dif:Eicult of accurate estirnation, and that the "Amount of Liquidated Damages Per Day", as set out above, is a r_easonable forecast of just compens�tion due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contr�ctor shall suspend operations on such part or parts of the work ord�red by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owne.r b� liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessa.ry due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. Dur.ing temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or const.ruction crews. If it should become n�c�ssary to suspend wor'� for an indefinite period, the Contractor shall store all materials in such manner that they will not obstru�t or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent dama�e or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not bP ablz to comZ�lete a portion of the project due to causes beyond the control o� and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE 'rIME OF COMPLETION, and should it be determined by mutual consent of the Contractor_ and the Engineer that a solution to allow construc�tion to proceed is not avaiXable witPlin a reasonable period of time, then the Contractur may �e reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by thE Engineer C7-7 (6) � 1 � � � � � f� r � � ' that constructi�n may be r�asumed. Such reimbu.rsecnent shall be based on actual cost to the Contractor of moving the eq�iipment and no profit will be allowed. No r�imbursem�nt shall be allowed if_ tk�e equipment is mov�d to another construction oroject ior the City oF Fort 'vVort}i. The Contractor shall not sus�end work without written notice from the Engineer and shall proceed with the work Qperations promptly when notified by the Engineer t� so resume operations. �'7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or r�ther lawful authority, it becomes impossible for the �ontractor to obtain all of the necessary lapor, materials, and equipment for the prosecution o.E the work with reasonable continuity for a p�riod of two months, the Contractor shall within seven days n�tify the City in writing� giving a detailed statement of the efforts w'nich have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investig�tions, the Owne.r finds that such conditions existing and that the iaability of the Contractor to proceed is not attributable in whole or in part to ttie fault or sleglect of the Contract, then i.f_ the Owner cannot after reasonable effort assist the Contractor in procuriag and making available the nec�ssary labor, materiats and equi�ment within tllirty days, the Contractor may request the Owner �o terminat� the contr.act and the �wn?r may comply wit}1 the request, and th? termination shall be conditioned and based upon a Final :�ettlement mutually acceptable t� both th� Owner an�3 the Contractor and final payment shall be made in accordance with the t�rms oF t'n� agreed settlement, which shall include, but not be limite3 to, the p�yment Eor all work executed but �io anticipat`d orofits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work o�oerations on all or any portion or section of the work under Cont.ract s'nall be suspendecl immediat�ly on written order o'� the Engineer or the CO�T1�C3ut may b� decl�red cancPlle3 by the City Counril f.or any good and sufficient �ause. The follo�aing, �y way of �xample, 'out not oE litnitation, may be considered gr�unds for suspension or cancellakion: a. Fai.lure of the Contractor to commence work operations within the ti�ne specifie� in the Work Order issued by the �wner. � L C7-7 (7) � ' b. Substanti�l evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. c. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contract�r has become insolvent or bankrupt, or. otherwise financially unable to carry on the work satisfactorily. f. Failure on �he part of the Contractor to observe any requir�ments of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failu.re of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial of illegally fraud on the contract. � � �." � � evidenc� of collusion for the purpose procuring a contract or perpetrating ' City in the construction of work under i. A substantial indication that the Contracta�r has made an unauthorized assignment of the contract or any funds due ther�fr�om for the benefit of any creditor or for any other purpose. J• k. If the Contractor shall for any cause whatsoever not carry on the working operation in ari acceptable manner_. If the Cont.ractor commences legal action against the Owner. A copy of the suspension order or action of the �ity Council shall be served on the Contractor's Sur�ti�s. When work is suspended for any cause or causes, or when the contract is cancelled, the Contrac�tor shall discontinue the work or such part thereof as the �wner shall designate, whereupon the Sureties may, at their option, assume t'ne contract or that portion thereoF vahich the Owner has ordered the Contractor to discontinue, and may perform th� same or may, with the written C7-7 (8) � � , �^ consent of the Owner, sublet the work or that po.rtion of tkie work as taken over, provided however, that the Sureties shall f exearcise their option, if at all, within two weeks after the � written notice to discontinue the work 'nas been se.rved upon the Cont.ractor and upon the Sureties or their authoriz��3 �" agents. The Sureties, in such event shall assume the Contract<ac's place in al1 respects, and shall be paid by the �� Owner for all work p�rformed by them in accordance with the � terms of the Contract Documents. Al1 monies remaining due the Contractor at thz time of this dPfault shall thereupon become due and payable to the Sureties as the work progress�s, � subject to all of the t��rms of the Contract pocument�. In case the Sureties do not, wi.thin the hereinabove speciEied ' time, exercise their right and option to assume the contract responsiUilities, �r that portion thereoF which t'ne Owner has ordered by the Contracto.r to discontinue, then t�12 Owner shall � have the power to complete, by con�ract or otherwisQ, as it may determine, t.ie work herein described or such part tii�reof as it ;nay deem necessary, and the Contractor her?tc� agr�es that tne Owne.r shall have tlie right to take posa2ssion oE and � use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor f�r the purpose of carrying oai the work and to �rocure other tools, � equipment, materials, labor and nro�oerty Eor the completion of the work, and to charge to the account of the Contractor_ oF said contract expense for labor, materials, tools, equipment, �"' and all expenses incidental thereto. The ex�ense so c'narged w sh�all be deducted by the Ownar .from such monies as may be due or may become due at any time ti�e.rea�t�r to the i ontractor -, under_ and by virtue of_ the Contract �r any part t'n�re�f . ThP � Owner shall not be r�quirad to obtain the lowest bid for tiie work completing the contract, but the �xpznse to be deducted shall be the actual cost of the owner of such work. � In case such exoens�s shall exc:eed the amount which would hav� been payable under the Contrac� i£ th� same had been compt��ted �' by the Cont_racto.r, the.n the Con�cractor and his Sur_�ties shail oay the aznount of such excess to the City on notic� fr.om i�ha Owner oE the excess due. When any particular n�rt oE the w�rk is being ca.rried on by the Owner by contr.act c�r ot�l�rwis� undPr the provisions of this seci:.ion, the Contractor shalt �" continue t��e rernainder of the w��rk in conEormity wi.t)i the terms �.E the Contract �ocuments and i:► such a manner as to not � hinder or interfere wit}i performance o.E the wor_'�c by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The ContracL will be � considAred as having been fulfitled, aav� as pr�vid�d in any bond or �onds or_ i�y law, �ahen atl the worK aci� �11 sections or parts of th� projec� c.overP�1 by che �on`cact Documents have � C7-7 (9) � been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such te.rmination is in the best interest of the Owner. Any such termi�ation shall be effected by mailing a notice o� 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 effective. Rece.ipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presum�d 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 disc.retionary action. B. CONTRACTOR ACTION: After receipt of a notic� of terminatio�, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under t�ie contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities e,xcept as may be necessary for completior� of such portion of the work under thP contract as is not terminated; 3. terminate all or_ders and subcontracts to tlie extent that they relate to the performance of work t�rminated by t'ne notice o.f termin�tion; 4. transfer title to the mann�r, at th� if_ any, dir��c�ced by the Owner and deliver in times, and ico t'�e extent, the Engineer: C7-7 (10) � ' � � � � � fa a. the Eabricat�d or �.zn�abrica�ed part5, work in process, comnl�ted work, suppli�s and other mat�ri�l �roduced as a part Qf, or acqui;.�d in connection with the performance of, the wor� tarminated by the notice of termination; and b, the compl?ted, or partially complPt�d plans, drawing.s, information and other property which, if the contract had been comoleted, woul3 have been rec�uired to be furnished to the Own�r. 5. complc�te performance of such part �E the work as shall n�t have been te.rminated by the notice of terminafiion; and 6. take such action as :nay be necessary, or as the Engineer may <3irect, for the protection and �reservation of t��e pronerty related to its contract which i;; in the possession ot the Contractor and in which the �wner has or_ may acquire the rest. At a time not l�ter than 30 days 3iter the termination date specifa.ed in the notice of termination, the Contr�ctor_ may sub►nit to the Engineer a list, certified as to quantity and guality, of any or all items o.E termination inventory not previously aisposed of, exclusive of it�m5 th� disnosition of which has been dir�c�:ed or authorized by the Engineer. Not later than 15 day� theraafter, the Owner shall accept title to such items Pr�vided, that the list submitted shall 'Qe subject to �erification by the Engineer uQon removal of thF� it��ns or, if the items are stor��d, within 45 days from the date of submission o£ th� list, �nd any necessazy a3j�istments to correct t�-i� list as su'nmitted, shall be made orior to Final settlement. � C. TERMINATION CLAIM: Wi`hin 6U dajrs after �lotice of � ter.mination, the Contract�r shall �uQ:mit his termination cl�im to the Fngi�eer in the L-or_m and � with t'ne certificatiori �rascriber3 by the Engi�e�r. Unless one or more extens.ions in wri�ing ar•� granted by �he Owner upo�.i requ�st ��f tn�� Cont.r3ctor, �nade in writing within such 60-3ay periad or �utho.rized extensio.n thereof, anl� and .�11 ssch claims s:ialt "�e conclusively deemr�:�i wai�,��d. � C7-7 (11) � D, AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial tarmination of work pursuant hereto; provided, that such agreed amount or amounts shall nev�r exceed the total contract price as reduced by the amount of payments otherwise made and as furtner reduced by the contract price of work not terminated. The cont.ract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due Por lost or anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing tne amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which ma� be agreed upon to be paid to the �ontractor 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 rea�on of th� termination of work pursuant to this section the Owner shall determine, on the basis o� information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the �ontractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there sh�ll be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable t� the terminated portion o£ this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, suppli�s or other things kept by the Contractor nr sold, pursuant to the �rovisions of this cl�use, and not otherwise recovered by or credited to the Owner. G, ADJUSTMENT: If the termination hereunder be partial, prior to the szttlement of the terminated portion of_ this contract, the Contractor may file with the Engineer a request in writing F�r an C7-7 (12) � ' � � � equitable adjustment of the price or prices specified in the contract relating to the continued Portion of the �ontract (the portion not terminated by the notice o� termination), such equitable adjustment as may be �greed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of.the contract when said contract does not contain an established contract price for such continued portion. �,,; H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter th� rignts which the � Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default � or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be � responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their �., enforcement. 1 ' 1 1 , , r The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) � , � r L C L_*. � � r^ � � � � � � � � PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a compl�te and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 (1) before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, far all expense incurred by or in consequence oF suspension or discontinuanc� of such prosecution of tYie working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate orior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, matezials, or equipment, nor in any way prejudice o.r affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfectinns in th� construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall hav� been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Cantractor shall be liable to the Owner for failure to correct thP same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Betw2en the lst and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate pPriod under the Contract Documents. Not later than the lOth day of the month the Engineer shall veri.fy such estimatP, and if it is found to be acceptable and the value of work performed since the last partial payment was made Pxceeds one hundred dollars ($100.00) in amount, 90� of such estimated sum will be paid to the �ontractor i� the total contract amount is less than $400,000, or 95� of such estimated sum will be paid to the Contzactor if the total contract amount is $400,000 or greater within twenty-fivz (25) days aFt�r the regular estimate period. The City will have the option of pre�aring estimates on Forms furnished by the City. The partial estimate may include acceptabl� nonp�rishable materials deliv�red to the work which are to be incorporate� into t'ne work as a permanent part thereof, but which at the th? time of th� estimate �iave not been installed. (such payment will be allowed on a basis of 85$ of the n�t invoice value thereof.) The Contraccor shall furnish the Engineer such information as he may request to aid t�8-8 ( 2 ) � 1 1�" w ;� � � him as a guide in the verification or the preparation of partial estimat�s. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the O�aner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or ; estimates may be held in abeyance if the performance of, the construction operations is not in accordance with the requirements of tk�e Contract Documents. � � � �^ C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all app.roved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications � thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the �Contractor, a final estimate showing the value of the work � will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. �1'j;� All prior �� subject to payment. � � �' estimat�s upon which payment has been made are necessary corrections or revisions in the final C8-8 (3) The amount of the final estimate, less previous payments and any sum that have been deductea or retained under the provisions of the Con�ract 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 t� the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor_ shall execute an affidavit, as turnished 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 �he City of Fo.rt Worth has been paid, and that ther2 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 r�lease the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payme�t by the Owner shall not relieve the Contractor of any guarantees or other requ.irements of the Contract Documents which speci.Eically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood tha� the Owner believes it has ernployed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owne.r shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the saFety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all a�proved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved �dditions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract �ocuments nor partial or �ntire occupancy or use of the p.re�nis�s by the Owner shall constitut� an acceptance of work not done in accordanc� with the Contract Documents or reliev2 the Contractor of liability in respect to any express warranties or responsibility for faulty mater�als or workmanship. The Contract�r shall remedy any 3efects or damages in the work and C8-8 (4) � 1 i� pay for any damage to other wo.rk resulting therefrom which shall appear within a neriod of one year from the date of , final acceptance of the work unlesa a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the � contract which shall assure the performance of the general guaranty as above outline. The Owner will give notice of observe3 defects with reasonable promptness. � C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract � Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of �,,, which shall be included in the price bid in the Proposal, for each bid item. Surface restorati�n, roc�c excavation and d cleanup are general items of work which fall in the category of subsidiary work. � C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in ths Proposal to establish � unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of mat?rial will be made for only that amount of � material used, measu.red to the nearest one-tenth unit. a Payment for misc�llaneous placement �f matzrial shall be in accordance with the General Contract Documents regardless of ' the actual amount used for the project. � C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a � copy of all specifications, plans, addenda, modifications, �'''� shop drawings and samples at the site, in good order and �'� annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion �` of the work. � � 1 � �" C8-8 (5> � � l� LJ l�' L! Cl I � i� I�i lJ � � I�l ITEM D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 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 D-35 D-36 D-37 D-38 PART D - SPECIAL CONDITIONS TABLE OF CONTENTS TABLE OF CONTENTS General Project Designation Right To Audit Project Signs Purging and Sterilization of Water Lines Wage Rates Coordination with Fort Worth Water Department Dewatering Crossing of Existing Utilities Existing Utilities Exploratory Excavations Crushed Limestone Backfill 2:27 Concrete Pavement Repair (E2-19) Trench Safety System Sanitary Sewer Manholes Sanitary Sewer Services Water Services ' Removal, Salvage, and Abandonment of Existing Facilities Valve Blocking Ductile-Iron and Gray-Iron Fittings � Detectable Warning Tapes Concrete Cylinder Pipe and Fittings MinoriTy/Women Business Enterprise Compliance � Connection of Existing Mains 2-Inch Temporary Service Line Temporary Pavement Repair Interpretation and Preparation of Proposal Bonds (City Let Projects) Barricades, Warnings and Flagmen Disposal of SpoiUFill Material Temporary Erosion, Sediment, and Water Pollution Control Workers' Compensation Insurance � Protection of Trees, Plants, and Soil Partial Estimates and Retainage Bid Alternatives _ Contractor's Responsibility for Dama�ge Claims Protection of Existing Curb and Gutter l� i� Q ,,.. PART D - SPECIAL CONDITIONS � �•J t!J D-1 General: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and Specifications, effective July 1, 1978, with the latest revisions are made a part of the Contract Documents for this project. The Plans, Special Conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturer's name, number or identification included therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. � The order or precedence in case of conflicts or discrepancies�between vazious parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: � L!l � Li �-�, � f�! �L �j � I�, 1. Plans 2. Contract Documents 3. General Contract Documents and Specifications The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Contract Documents under the provisions stated above. D-2 Proiect Desi nation: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project DesignatiQns: Water Project Number PW53-060530175530 D-3 �ht To Audit: RIGHT TO AUDIT: Part C- General Conditions, Section C8-8 MEASUREMENT ,AND PAYMENT, Page C8-8 (5), add the following: "C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the prQvisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that�the City shall, until the expiration of three (3) years D-1 �� after final payment under the subcontract; have access to and the �right to examine and photocopy any directly' pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract',�and further, that City shall have access during normal working houi's 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 �ubcontractor reasonable advance notice of intended , audits. (c) Contractor atid subcontractor agree to �hotocopy such documents as may be requested by the City. The City agrees to reimburse tIie Contractor for the cost of copies as follows: 1�. 2. D-4 � � � 50 copies and under - 10 cents per page . � More than 50 copies - 85 cents for the, first page plus fifteen cents for each page thereafter. Proiect Si�ns: � � �, � Proj e,ct Signs are required at all locations, �vhich will be under construction for more than �� thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance � with Figure 30 (dated 8-28-89) of �the General Contract Documents. The , signs may be mounted on skids or on posts. The exact locations and methods of mounting shall be approved by the engineer. Any and all costs for the required materials, labor, and ' equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no addit�onal comp�ensation will be allowed. � D-5 Pur in and Sterilization of Water Lines: , Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the'General Contract Documents and Specifications � except as modified herein. The City will furnish all water for INITIAL cleaning and sterilization of water lines. All other materials for construction of the project, including appropriately sized "pipe cleaning pigs" �nd chlorinated lime (HTI� shall be furnished by the Contractor. Chlorinated lime (HTI� shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual o,� free chlorine shall be measured after 24 hours and ' shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a,�anitary sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal� The line may not be placed in service until two successive sets of samples, taken 24 hours' apart, have met the established standards of purity. � Purgirig and sterilization of the wat�r line� shall be considered as incidental to th� project and ' all costs incurred will be considered to be;included in the linea'r foot bid price of the pipe. D-6 Wage Rates: . The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor ur any sub-contractor on the site of the project covered by these Contract Documer�ts: in no event shall les�s than the following rate� of wages be ' D-2 � � � � � � LJ paid. (Attached). , ,� �. � D-7 `Coordination with Fort Worth Water Denartmen�: During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. D-8 Dewaterin�: The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage" o£ any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the linear foot bid price of the pipe. � 1�7 I� �� D-9 Crossin� of Existin� Utilities: Where a proposed water line crosses over a sanitary sewer or sanitary sewer service lirie and/or a proposed sewer line crosses over a water line and the cleaz vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made water tight or be constructed of ductile iron pipe. The required length of replacement shall be determined by the Engineer. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping as specified in Material Standard E1-6 contained in the General Ccntract Documents. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping as specified in the General Contract Documents. Adapter fittings shall be a urethane or neoprene coupling A.S.T.M. C.-425 with series 300 Stainless Steel compression straps. Payment for work such as backfill, fittings, tie-ins and all other associated appurtenants required; sha11 be included in the lineaz foot price of appropriate bid item. D-10 Existin� Utilities: �•�! l�]' The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. ,� The Contractor�sliall be''responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his construction operations. � Contractor shall make all necessary provisions for the support, � � D-3 protection, relocation, and or tempor�ry relocation of all utility poles, gas lines, telephone cables, utility services, water mains, s�nitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurr,ed for the protection and or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOyVED. Where existing utilities or service line'�s are cut, broken or damaged, the Contractor shall � replace or repair the utilities or service lines with the same type of nriginal material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the owne'rs of all utilities to locate existing underground facilities and notify the Engineer at once of an�:conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such" property shall not be moved or interfe'red with until ordered to do so by the Engineer. The right is reserved to the owner of public;utilities to enter upon the limits of the project for the purpose of making such changes or repairs, of their property that may be made necessary by performance oithis contract. D-11 Exnloratory Excavations: In addition to tliose areas as may be d��ignated on the Drawings, it shall be the Contractor's ' responsibility to excavate and locate e�sting utilities which may affect construction of the � water and/or sewer facilities. All explo atory excavations shall occur far enough in advance to permit any necessary relocation to be made with minimum delay. All costs incurred by the , Contractor in making exploratory exca,vations shall be corisidered to be included in the unit price bid for constructing of water/sewer line or the associated structures. A D-12 Crushed Limestone Backfill: Where specified on the plans or directed by the Engineer, crushed limestone shall be used for trench backfill on this project. The mat�rial shall conform to Transportation and Public Works Standard Specifications for Street and �torm Drain Construction Division 2 Item 208.2 Materials and Division 2 Item 208.3 IVlaterials Sources. Trench backfill and compaction shalld meet the requirements of E2-2 Excavatibn and Backfill of the General Contract Documents and Specifications. Y Payment for crushed limestone backfill;in place shall be made at the unit price bid in the .,.: Proposal multiplied by the quantity of�material used measured �in accbrdance with E2-2.16 Measurement of Backfill Materials of tlie General Contract Documents and Specifications. D-13 2:27 Concrete: � � Transportation and Public Works Department typical Sections for Pavement and Trench Repair for Utility Cuts Fig's 1 through 5 refer to using 2:27 Concrete as base repair. Since this ca11-out includes the word "concrete", the consistent interpretation of the Transportation D-4 � E!'1 !�l � � [�l L'� Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. With the exception of the cement content, all other requirement shall meet or exceed Transportation and Public Works Depar�ment standard specification Item 406 Class D Concrete. � , • - � � D-14 Pavement Renair (E2-19�: (E2-19): The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal�to or superior in composition, thickness, etc., to exis�ing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility cuts, Figures 1 through 5. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches sha11 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 resident'�s 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. t_�] � I �;� � �� r��J L! Therefore, at the locations in the project where xhe trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required tQ 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 conditiqns are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering's Permit Desk by the Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cut in the. street. City Inspe�tors will inspect the paving repair after construction of each water and/�r sanitary sewer main replacement. � D-15 Trench Safetv Svstem: 1. GENERAL: This specification covers the trench safety r�quirements for all trench excavations in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. 2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P-Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safery. D-5 3. DEFINITIONS: � A. TRENCHES: A trench is referred to as a narrow excavation made below the surface of theo, ground in which the depth is greater thari the width, where the width measured at the bottom is not greater than fifteen (15) feet. If fornis or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to fifteen (15) feet or les�,at the bottom of the excavation, the excavation is also considered to be a trench. B. BEN�CHING 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 �xcavat3ng to form sides of a trench that are inclined �, away from the excavation. . ^ D. SHIELD SYSTEIVI: Shields used in tr;enches are generally referred to as "trench boxes" or °1 "trench shields." Shield means a structuie 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 alorig as the work progresses. Shields can be either premanufactured or job-built in accordance with OSHA standards. w° E. SHORING SYSTEM: Shoring mean� � 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 struct�res. The quantity of trench safety systems shall be �` based on the lineaz foot amount of trencH.depth greater than five (5) feet. �� 5. PAYMENT: Separate payment will be made only when trench excavations exceed a depth of five (5) feet and shall be full compensa�tion for safety system design, labor, tools, materials, � equipment and incidentals necessary for the installation and removal of trench safety systems. D-16 Sanitary Sewer Manholes: � � The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or a�;described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Material� for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. 1. Concrete Collars: Concrete collars wh�n indicated on the plans will be required as per Fig. 121. M :t� , D-6 !� � !�! LJ 2. Watertight Manhole Inserts: Watertight gasketed manhole inserts shall be installed in sanitary sewer manholes when indicated on the plans. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations. 3. Lift-Holes: All lift holes shall be plugged with a precast concrete plug. The lift hole shall � be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole sha11 be sealed on the inside of the manhole with quick setting cement grout. � � � � � � u L!� 4. Final Rim Elevations: A. Manhole rims in parkways, lawns, alleys, and other improved lands sha11 be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. �ackfill shall provide a uniform slope from the top of manhole casting for � not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regraded near the manhole. B. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. Manhole Covers: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100 year flood plain and areas specifically designated on the plans. Certaninteed Ductile Iron Manhole Lids and Frames are acceptable for use where Locking lids are specified. � , �_ :,, , 6. Shallow Manholes: Shallow manhole constxuction will be used when manhole depth is four (4) feet or less. All shallow manholes shall be built in accordance with Fig. 106 or per Fig. 103 but with a flat slab top (no cones sections will be allowed). All shallow manholes shall have a 24" x 40" cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIG. 105 WILL NOT BE ALLOWED. 7. Manhole Steps: No Manhole steps are to be installed on any Sanitary Sewer Manhole. 8. Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy paint, Koppers "Bitumastic �uper Service Black", Tnemec, "46-450 Heavy Tnemecol", or equal to a minimum of 14 mils dry film thickness. 9. Manhole Joint Sealing A. General: All interior andlor exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type D-7 preformed O-ring rubber gasket shal�,�equire bitumastic joint sealants as per attached Figure M. � B. Materials: This sealant shall be preformed and trowelable bitumastic as manufactured by Kent-Seal, Ram-Nek, E-Z Stick or equal. The joint sealer shall be supplied in either extrud'ed rope-form of suitable cros's-sectional area or flat-tape form and shall be sized as recommended by the manufacturer and approved by"the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall=not in any way depend on oxidation, evaporation, or any other chemical action for either i�s adhesive properties or cohesive strengtl�. The joint sealer shall remain tota'Ily flexible wit�out shrinking, hardening, �or oxidizing regardless of t'�e length of time it is exposed to the elements. The manufacturer shall furnish an�davit attesting to the successful use of the p�oduct as a preformed flexible joint sealant on concrete pipe and manhole sections for a period of at least five yeazs. � �� C. Installation of Joint Sealant: Each grade adjustment ring and manhole frame shall be sealed with the above specified materials. All surfaces to be in contact with the joint sealarit shall be' thoroughly clean of dirt, sand� mud or other foreign matter. A�primer shall be applied to all surfaces prior to installing the joint sealant in accordance with the recommendations by the manufacturer. The protective wra�per shall remain on the joint sealant until immediately prior to placement of the pipe in the tr',el�ch. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of bitumastic joint'sealer. _ . ,, , 10: Sealing and/or Adjusting Existingn Manholes: Excavate (rectangulaz full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the,sides of the trench nearly vertical. A. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suita.ble for use as determined by the Engineer shall be replaced. Grade ring�s that are constructed of brick, block, or materials other than precast concrete shall be replaced �c�vith precast concrete rings, or where necessary and approved by the Engineer, a precast flattop section. Precast concrete rings, or precast concrete flattop section will be the only adjustm�nts allowed. � B. In brick or block manholes replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify � the Engineer prior to replacement of the� grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. � � .;_� � C. Wire br,ush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed with an application of a quick.setting hydraulic cement to provide a smooth working surface. D-8 O � � � � � � �'� �. If the inside diameter of the manhole is too large to safely support new adjustment rings or ,� frame, a flattop section shall be ins�alled. E. Joint surfaces between the frame, adjustment rings, and cone section shall be free of dirt, stones, debris, and voids to ensure a watertight seal. Place a flexible gasket joint material in two concentric rings along the inside and outside edge of each joint, or use trowelable material in lieu of preformed gasket material. Position the butt joint for each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. F. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. G. All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy paint, Koppers "Bitumastic Super Service Black", Tnemec, "46-450 Heavy Tnemecol", or equal to a minimum of 14 mils dry film thickness. 11. Measurement and 'Fayment: � � � � • � A. �The price bid for new7replacemenf manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including but not limited to joint sealing, lift hole sealing and exterior surface coating. B. The price bid for adjusting andlor sealing of existing manholes shall include all labor, j'� equipment, and materials necessary for adjusting and/or sealing the manhole including but �.,1 not limited to joint sealing, lifthole sealing and exterior surface coating. � � L�, �� C. Payment for concrete collars and watertight manhole inserts, if required, will be made separately, based on the appropriate bid items. D-17 Sanitary Sewer 5ervices: � Any reconnection, relocation, replacement, or new sanitary sewer service sha11 be required as shown on the plans, and/or as described in �hese Special Contract Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service. connections shall be cons+xucted by Contractor utilizing standazd factory manufactured tees. Factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case by case basis. The service connections shall be constructed by the Contractor utilizing standazd factory manufactured saddle taps or tee's. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given �� P when taps will be required. Severed se �ice connections shall be maintained as specified in section C6-6.15. . 1. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the.° Contractor shall vertically adjust the existing sewer service line as required for r�connection and furnish a new tap. The fittings u�ed°%r vertical adjustment shall consist of a maximum °° bend of 45 degrees. The tap shall be loca�ed so as to line up with the service line and avoid any horizontal adjustment. All sanitary sewer service lines shall be replaced to the property line or easement line in alleys or easements, to the back of curb in streets, or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line incl}�ding the incidental four (4) feet of service line which is included in the price bid for Sa�itary Sewer Taps. 'Payment for work such as backfill, saddle, tees, fittings incidental �our (4) feet of service line and all other associated appurtenances required shall be included�in the price bid for Sanitary Sewer Taps. .� 2. SEWER SERVICE REPLACEMENTa All building sewer services encountered during ' constxuction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as° required for there connection of the sewer service line. If the sewer service line is in such condition or adjustmerit necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. Th;e length of the replacement shall be determined by the Engineer. All sewez services shall be�installed at a minimum of two (2) percent slope or as approved by the Engineer. Connection to� the existing sewer service line shall be made with appropriate adapter fitting. The fitting sfiall be a urethane or neoprene coupling A.S.T.M. C- 425 with series 300 stainless,steel compr�ssion straps. Paymerit for work and materials such as backfill, pipe, fittings, and all other associated work for service replacements in excess of fou� (4) linear feet shall be included in the lineaz foot price bid for sanitary sewer service line. ��'ayment for all •work and material involving the 'tap' shall be included in the price bid for sanitary sewer service taps. D-18 Water Services: The relocation, replacement, or reconnection of water services will be required as shown on the plans, and/or as described in ±hese Sp�cial Contract Documents in addition to those located in the field and identified by the Engineer� . � , _, ,. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporat�pn stops, type K copper water tubing, curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E1-17 & E1-18) contained in the General Contract Documents. All water services to be replaced shall be'installed at a minimum depth of 36 inches below final grade. k � D-10 � �J L�I � � �t� � � � L: LJ � �� lJ � , All existing 3/4-inch water service lines which aze to be replaced,shall be replaced with 1-inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section CS-5.15 INTERRUPTION OF SERVICE. A�l water service meters shall be removed, tagged, and'collectecl,by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a'meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop. Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to c�nter line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. 2. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor sha11 adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 3. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter bo�c is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to center line of the proposed meter location separate payment will be allowed for the relocation of service meter and meter box relocation. D-11 When relocation of service meter an�l meter box is required payment for a11 work and � materials such as backfill, fittings, fi ie (5) feet of type K copper service and all materials, labor, and eq�ipment used by and for�the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). , , This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service lin� �s not being replaced. Adjustment of only the meter box and customer service line within 5 fee� distance behind the meter will not justify sepazate payment at any time. Locations with fnultiple service branches will be paid for as one service meter and meter box relocation. 4. NEW SERVICE: W'hen new services aze r�equired the contractor shall install tap saddl� (when required), corporation stop,, �ype K copper service line, curb stop with lock wings; and meter box. . T Payment for all work and materials suc'h as backfill, �ttings, type K copper tubing, and'curb ° stop with lock wings shall be included;in the Lineaz Foot price bid for Service Line from Main to Meter five (5) feet behind the meter:y P� Payment for all work and materials sueh as tap s�ddle, corporation stops, and, fittings shall b� included in the price bid for Service Taps to Mains. . Payment for all work and materials such as furnishing and setting new meterAbox shall be � included in the price bid for furnish and set meter box. F e 5. MLTLTIPLE SERVICE� BRANCHES� When multiple service branches aze required the ! contractor shall furnish approved factory manufactured branches. �; , Payment for multiple service branches will include fiunishing and installing the,multiple service branch only and all other cost will be included in other appropriate bid item(s). 6. MLJLTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single'�ervice meter encountered during construction shall �" be replaced with one service line that is �pplicable for the size of the e�isting service meter � and approved, by the Engineer. � a � Payment shall be made at the unit bid priGe in the appropriate bid item(s). u D-19 Removal. Salva�e. and Abandonment of Existin� Facilities: Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or des�ribed in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-�7 Removing Pipe, of the D-12 �� L�.J � LiJ � � 11J !!! �� f�l � ��J � General Contract Documents and Specifications unless amended or superseded by requirements of this Special Condition. 1. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department wazehouse by the contractor in accordance with Section E2-1.5 salvaging of materials. Backfill material for the void meter box shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surfa�e and grade: If'water main is to remain active;'the cbntractor will be required to plug water service line at main. 2. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the �Vater Department warehouse by the contractor in accordance with Section E2-1.5 salvaging of materials. The concrete vault shall be demolished in place to a point not less than 18-inches below final grade. The concrete vault shall then be b�ckfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 3. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be, compatible with existing surrounc�i�ng surface and�grade. ' 4. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the Va1ve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault the vault shall be demolished in•place to a point no less than 18" below final grade. 5. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18-inches below final grade. Concrete sha11 then be used as backfill material to match existing grade. � � 6. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have the top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable D-13 � excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. a 7. ABANDONMENT OF MANHOLES`. Manholes to be demolished in place shall have all pipes entering or existing the structure'plugged with lean concrete. Manholes tops or cone , section shall be removed to the top of the full barrel diameter section or to point not less than � 18-inches below final grade. The structizre shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be eith�r clean washed sand of cleati, suitable excavated material approved by Engineer. Surface restoration shall be compatible with surrounding surface. Payment for work involved in backfilling, plugging of pipe and all ofher appurtenant required, shall be included in the appropriate bid items). � 8. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole including, top or Cone Section, all full barrel diameter section and base section shall be removed. The excavation shall then be backfilled and compacted in accordance r�with backfill method as specified in Section E2-2.9 r Backfill. Backfill material may be with Type C Backfill or Type B Backfill as approved by the Engineer. Surface restoration shall be cor�patible with surrounding surface. :� ' 9. CUTTING AND PL'l.JGGING OF E�ISTING MAI-NS: At various locations on this project it may be required to cut, plug and block �xisting water mainslservices or sanitary sewer mains/services in order to abandon thes�, lines. Cutting and plugging existing mains and/or services shall be considered incidental and all costs'incurred will be considered to be included in the linear foot bid price of the pipe, uri; ess separate trenching is required. , A 9 10. REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required. It shall be the Contractor's responsibility to �properly dispose of all removed pipe. All removed valves, fire hydrants, and meter boxes sl�all be deliverezl to Water Department Field Operations, Storage Yard. 11. PAYME1�iT: Payment for all work and material involved in salvaging, abandoning and/or removing of existing facilities shall be in�luded in the linear foot bid price of the pipe except as follows: Separate payment will be made for removal of all Fire Hydrants, Gate Valves 16- inch and larger, and Sanitary Sewer Manholes regazdless of location. Payment will be made for salvaging, abandoning and/or removing of all other existing facilities when said' facility is not being replaced iri tlie same trench, i.e,� wlien removal requires `a sepazate trenching operation. , D-20 Valve Blocking: All valves shall have concrete blocking �or support. Valves shall have polyethylene wrapping� per Material Specification E 1-13 and Co�nstruction Specification E2-13 installed prior to concrete blocking. No separate payment�will be made for any of the work involved for this =. item and all costs incurred will be considered to be included in the b�d price of the valve. � D-14 � � � l.!� � � D-21 Ductile-Iron and Grav-Iron Fittin�s: � . Reference Part E2 Construction Specifications, Section E2=7 Installing Cast Iron Pipe, Fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: the first Pazagraph shall be revised to read as follows: E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section El-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene � wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, �j vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for �� valves and fittings anc� no other paym�nt will be allowed. , „ D-22 Detectable Warnin Ta es: Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water or sanitary sewer pipe. The detectable ••tape shall be "Detect Tape" manufactured by Allen Systems Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils. and the width shall not be less than 2" inches with a minimum unit weight of 2-1/2 pounds/1 "/1000'. The tape shall be color coded and imprinted with the message as follows: Tvne of Utilitv � � � f�J � Water Sewer Color Code Safety Blue Safety Gxeen �. i Le�ends Cautian Buried Water Line Below Caution Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18" inches between the tape and the pipe. Payme�t for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenances required shall be included in the linear foot price bid of the appropriate BID ITEM(S). D-23 Concrete Cvlinder Pine and Fittings: � Concrete cylinder pipe on this project shall be Class 150 A.W.W.A. C-303 pretensioned concrete cylinder pipe or Class 150�AWWA C-301 prestressed concrete cylinder pipe as specified on the plans and manufactured in accordance with Material Standard E1-4 contained in the General Contract documents. Payment for work stzch as backfill, bedding, blocking, D-15 excavation and all other associated app�rtenances; required, shall be included in the Linear Foot price of the pipe and lump sum fo� the pipe fittings in the appropriate BID ITEIVI(S). �,, D-24 Minoritv/Women Business En�erarise Comnliance.: Reference Part C�General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUS2NESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with �he following: .a Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a 1V�inority Business Enterp%ise (MBE) and/or a'Woman Business �Enterprise (WBE) on the cont�act and payment therefore. Contractor further agrees to permit an audit and/or examination of,any books, records or files in its possession that will substantiate the actual work performed �iy an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresen�ation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) andlor 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 Iess than three (3) yeazs. D-25 Connection of Existin Mains: ' The Contractor sha11 determine the exact;location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be ef�countered in the said work shall be considered as incidental to constxuction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify Mr. James Anderson, Manager, Construction Services, Phone 871-7813, at lsast 48-hours prior t� the required shut down time. The�Contractor's attention is directed to�Paragraph C5-5.1 INTERRUPTION OF SERVICE, Page CS-5(5), PART C- GENER.AL CONDITIONS O� THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location, time, and schedule of the service interruption. . The cost of removing any existing concre�e blocking shall be included in the cost of connection. IJnless bid separately all cos't incurred shall be included in the linear foot price bid for the appropriate ,pipe size. � D-26 2-Inch Temporary Service Line: The 2-inch temporary service main and 3;/,4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary� service connections�and permanent service reconnections with the�building • D-16 a � L!'J L�J � � lr! � l+�J owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of cliscontinuance of service. . .� . A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting sha11 be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. A two-inch meter will be furnished by the Water Department Meter Shop and installed by the Contractor at its point of connection to the City water supply for record keeping purposes only. The out-of-service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re-install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. � When the temporary service is required for more than one location the 2-inch temporary service pipes, 3i4-inch service lines and the 2-inch meter shall be moved to the next � successive project location. Payment for work such as fittings, 3I4-inch service lines, asphalt, barricades, all service� connections, removal of femporary services and all other associated appurtenants required, � shall be included in the appropriate bid item. � l�! � D-27 Temnorary Pavement ReAair: The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inch hot or cold mix asphalt over a minimum of 6 inches of compacted flex base. This temporary repair shall be rolled to provide a smooth transition between the existing pavement and the temporary repair. The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing temporary pavement repair for all streets cuts prior to street reconstruction. D-28 Internretation and Prenaration of Pronosal: � Part C- General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the L�.�, I�J !�! following: 1, � � ..._,.� � . C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the D-17 � j 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 cqnsidered. The Bidders must haye 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 addres�ed to the Purchasing Manager, City vf Fort Worth Purchasing Division, P.O. Box 1?027, 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 sef for the ope,�ing of proposals. After all proposals not requested for non-consideration are opened and p��licly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. � g � � C2-2.9 TEL'EGRAPHIC MODIFICAT��N OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication��t any time prior to the time set for opening proposals, provided such telegr`aphic communication is received by the,Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmat�on of such telegraphic communication over the signature of the bidder was mailed prior �o 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. ' a D-29 Bonds (Citv Let Proiectsl: Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1.�Pg. C3-3(3); the paragraph after paragfaph C3-3.7d--Other Bonds should be revised to read: No-surety will be accepted by the (�wner which are at the time in default or delinquent, on any bonds or which are interested in ahy litigation against the Owner. All bonds shall be made on the forms furnished by the Owri�r and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the'City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties [Circular 870], or (2) the surety must have capital and surplus equal to ten time�s the amount of the bond. The surety must be licensed to business in the state of Texas:� The amount of the bond shall not exceed the amount shown on the Treasury list or one'-tenth (1/10) of the total capital and surplus. If. reinsurance is required, the company wr��ng the reinsurance must be authorized, accredited, or trusted to do business in Texas. �� ` 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph a. COMPENSATION INSURANCE. ' 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subpazagraph g. LOCAL i D-18 � � � LiJ I�! I�' !� l�7 !�' � L!�' L�, �J � � D-30 Barricades, Warnin�s aiid Fl�gmen: "{ Reference Par't C- General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: � ' ° . �., „ . . . . _ 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. D-31 Disnosal of Snoil/Fill Material: Prior to the disposing of any spoiUfill material, the contractor shall advise the Director of Transportation and Public Works, acting as the City of Fort Worth's Flood Plain ' Administrator ("Administrator"), o�the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been iietermined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit,, A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at contractors' expense. In the event that the contractor disposes of spoiUfill 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-32 Temnorary Erosion. Sediment, and Water Pollution Control: 1 DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the �ngineer and �hey 'shall not include measures taken by the CONTRACTOR to control �onditions created by his construtction operations. THe temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, }�lastic 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 erodib�e-earth material exposed by preparing right-of-way, clearing and grubbing, the surfa�e area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide �emporary pollution-control measures to prevent contamination of adjacent streams, other water courses, D-19 lakes, ponds or other azeas of water impoundment. Such work may involv.e the construction of temporary berins, c�YkPs, dams, sediinent basins, slope drains arid use of temporary mulches, mats seeding or other control devices or methods directed by the Engineer as necessazy to " control soil erosion. Temporary pollut�on-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 CbNTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, �nd 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 fo� each excavation operation, 750,000 square feet for each material source operation (other t�ian from commercially operated sources), 750,000 square feet for each preparing of'right�tlf-�vay operation or 750,000 square feet for each clearing and grubbing operation, unless�otherwise shown on the plans or with prior approval by the Engineer in writiiig. ' • .� � � The CONTRACTOR shall also conform to the following practices and controls. All labor, tools, equipment and incidenfals to complete the work will not be paid for directly but shall be considered as subsidiary werk to th� �variou� items included in the contract. (a). Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. (b). Frequent fordings of live streams w+ll not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. (c). When work areas or material sources aze located in or adjacent to live streams, such areas shall be sepazated� froriirtl�e stream by a�ike or other barrier to keep sediment from entering a flowing,stream. Care shall be talcen du�ng the construction and removal of such barriers to minimize the muddying of a stream. A (d). All waterways sha11 be cleared as sopn as practicable of falsework, piling, debris or other. obstructions placed during construction operations that are not a part of the finished work. (e). The CONTRACTOR shall take suff�cient precautions to prevent pollution of streams, �lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, �� lakes and reservoirs and to avoid interfe�ence with movement of migratory fish. F , , D-20 � � 3, d -� . J• � ,:�3 � 3. SUBMIT TAL: Pnor to the start. of the apphcable construction, the CONTRACTOR shall submit for approval his schedules for accomplishment of soil-erosion-control work and his � plan to keep the azea of erodible-earth material to a minimum. He sha11 also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and � material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. � 4. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra �"� pay will be given for this work. LJ D-33 Workers' Comnensation Insurance: � A: Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No �; Notice to Proceed will be issued until the Contractor has complied with this section. B: Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and � every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation � insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificate to the Owner (City). C. Workers Compensation Insurance Coverage 1. Definitions: , ;. Certi�cate of coverabe ("certificate"). A copy of a certificate of insurance, a certificate of � authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing � services on a project, for the duration of the project. � Duration of the Project. Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the City. �,} Persons providing services on the project ("subcontractor" in section 4U6.096)-includes all persons or entities performing -a11 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 regazdless of whether that person has employees. This includes, without limitation, independent contractors, suncontractors, leasing companies, motor carriers, {� owner-operators, employees of any sucn entity, or employees of any entity which U � D-21 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 relat�d to a project. "Services" does not include activities' unrelated to the project, such as foodYbeverage vendors, office supply deliveries, and delivery of portable toilets. � 2. The contractor shall provide coverag'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 Cocle, Section 401.011(44) for all employees of the contractor providing services of the project, for the� �iuration of the project. : � ��, � ;:,: 3. The Contractor must provide a certif �ate of coverage to the governmental enti'ty prior to being awarded the contract. � �� 4. If the coverage period shown on the contractor's current certificate of coverage ends during, the duration of the project, the contracto�'must, prior to the end of the coverage period, file a new certificate of coverage with the Cit3i�showing that coverage has been•extended. 5. The contractor shall obtain from each person providing services on a project, and provide to the �ity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have or� �ile certificates of coverage showing coverage for all � persons providing services on the�project; and (b) no later tl:an seven days afte�`'�eceipt by the contractor, a new cer�ificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required� certificates of coverage for the durarion of the project and for one year thereafter. � � 7. The contractor shall notify the City in �writing by certified mail or personal delivery, within,. ten (10) days after the contractor knew or; should have known, of any change th�t materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner `" prescribed by the Texas Worker's Compensation Commission, informing all persons. providing services on tlie project that they are required to be covered, and stating how a person may verify coverage and rep�rt lack of coverage. 9. The confractor sha11' con.tractually reqt�ire each person with whom it contracts to provide services on a project, to: � D-22 - n.- ,�. r> R .. � � .�,�. c�� —. t�! lJ � (a) provide coverage, based on proper reporting on the „classification codes and payroll amounts and filing of any coverage agreements, which meets the sta.tutory requirements of Texas labor Code,�Sectiori 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being�.grovided for all empioyees of the person providing services `on the project, for the duration of the project; � (c) provide the contractor, prior to the end of the coverage period, a new certificate of � coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; �� L�J � � (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project� � (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (fl notify the City in writing by certified mail or personal delivery, within ten (10) � days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and l�J �� IJ � (g) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by �vorker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounfs, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. ' �, D-23 11. T'he contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City,to declare the contract void if the contractor does not remedy the breach withiri ten days affer receipt of notice of breach from the Cit}y. . �,�: �, , . . , , .. D. Posting of Required Worker'sn Com�ensation Coverage. The contractor shall post a noti�� on each project site informing all persons providing services on the project that they are required to be covered, and stating ho�v a person may verify current coverage and report failure to provide coverage. This noti�� does not satisfy other posting requirements imposed by the Texas Worker's Compensation �-1ct or other Texas Worker's Compensation Commission rules. This notice must b�; printed with a title in at least 30 point bold type anc� text in at least 19 point' normal type, and shall be in both English and Spanish and any other language common to the worker popul�tion. The text for the notices shall be the following text, without any additional words or �hanges: �i REQUIRED WORKER'S COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered b� worker's compensation insurance. This includes persons providing, haul.ing, or delivenng equipment or materials, or providing labor or transportation or other service related �o the project, regardless of the identity of their employer or status as an employee". � "Call the Texas Worker's Compensation Commission at 512-440-3789 to receive informatio� on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an emp�oyer's failure to provide coverage. D-34 Protection of Trees. Plants. and Soil: All property �long and adjacent to the �ontractor's operations including lawns, yards, shrubs�, trees, etc. shall be preserved or restored� after completion of the work, to a condition equal to or better than existed prior to the"start o�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 1Zights-of-Way'�s and designated alleys. This permit can be obtainec� by calling the Fo'restiy`Office at 871-57�8.� All tree work shall be in compliance �with pruning standards for Class II Pnming as described by the National Arborist Association. A copy of these standards can be provided by calli�g 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 Internation�l Society of Arboriculture. Payment for negligent damage 'to p�ublic •trees shall be made to vthe City of Fort Worth and may be withheld from funds due the Contractor by the City. , To prevent the spread of the Oak Wilt fu�gus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a com�nercial pruning paint. This is the only instance when pruning paint is recommended. D-24 � � � LJ l'!'; � No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary�cost of the project: � D-35 -Partial Estimates and Retainage: Reference Part C(General Conditions), Section C8-8.5 Entitled "PARTIAL ESTIMATES AND RETAINAGE" shall be deleted in its entirety and replaced with the following: � Partial pay estimate� shall be submitted by the Contractor or prepared by the City on the Sth day and 20th day of each month that the work is in progress. The estimate shall be processed ("� by �the City on the l Oth day and 25th day respectively. Estimates will be paid within 25 days �•.� following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work � place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not Ueen so installed. If such materials aze included within a pay estimate, payment shall be based upon �5% of the net invoice value thereof. The � Contractor will furnish the Engineer such information as may be reasonably requested to aid in.the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten percent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) � business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. � It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will k�e subject to correction in the estimate rendered following � the discovery of the mistake in any previous estimate. Payment of any partial pay estimate shall not be an ac�mission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the � Contractor of any of its responsibilities under the Contract Documents. � The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. D-36 Bid Alternatives The Proposal section of this document is arranged to allow the Contractor to base his bid for � the water line portion of the project on either ductile iron pipe or pretensioned concrete pipe. Contractor shall indicate type of pipe to be used. L�J � � . � D-25 � D-37 Contractor's Resnonsibilitv for Dama�e Claims: Part C— General Conditions, Section G6-6.12 shall be revised to read as follows: 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 hannless� and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder byxContractor, its officers, agents, employees, subcontractors, licensees or invitees, w�Cether or not anv such iniurv, dama�e or death is , caused. in whole or in ,nart. bv the nePrieence or alleged ne�lipence o,f Owner. its officers.` servants. or emnlovees. Contractor lil�ewise covenants and agrees to indemnify and hold hannless the Owner from and against aailly and all injuries to Owner's officers, servants and employees and any damage, loss or destxuction to property of the Owner arising �from the performance of any of the terms and conditions of this Con�tract, whether or not anv such iniury or dama�e is caused in whole or in nart bv the nePliQence or alle�ed neQli�ence of Owner. its officers, servants or emnlovees.. , .. In the event Owner receives a written c�aim for damages against the Contractor or its subcontractors prior to final payment, fi�al payment shall not be made until Contractor eithe� (a) submits to Owner satisfactory evide�ce that the claim has been settled and/or a release from the claimant involved, or (b) provides O;wner 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 �hom a claim for damages is outstanding as a.result of work performed under a City Contract: �` � D-38 Protection of Existin� Curb an� Gutter: On projects where water services are to be replaced but the street is not scheduled for a full reconstruction, the Contractor shall not disturb the existing curb and gutter. Water services shall be installed using a"gopher" or similar means that will not disturb the existing curb and,. gutter. If the existing curb and gutter is c�amaged, it shall be replaced at the Contractor's expense to the nearest construction joint�j,� either direction. � No separate payment will be made for work and materials necessary to protect the existing curb and gutter and all costs incurred will be �onsidered to be subsidiary to the contract. D-26 r�� `,J � � L�J ,� L'J7 LJ � � � � �`J L�i LJ � l�1 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1999 AIR TOOL OPERATOR ASPHALT RAKER � ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CONCRETE FIAIISHER-PAV[NG CONCRETE FIMSHER-STRUCTURES CONCRETE RUBBER ELECTRICIAN FLAGGER FORM BUILDER-STRUCTURES FORM LINER-PAVING & CURB FORM SETTER-PAVING & CURB FORM SETTER-STRUCTURES LABORER-COMMON LABORER-UTILITY � MECHANIC OILER SERVICER PAINTER-STRUCTURES PIPE LAYER BLASTER ASPHALT DISTRIBUTOR OPERATOR ASPHALT PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER CONCRETE CURING MACHINE CONCRETE FINISHING MACHINE CONCRETE PAVING JOINT MACHINE CONCRETE PAVING JOINT SEALER CONCRETE PAVING SAW CONCRETE PAVING SPREADER SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKFiOE, DERRICK, DRAGLINE, SHOVEL FOUNDAITON DRILL OPERATOR CRAWLER MOUNTED FOUNDATION DRILL OPERATOR TRUCK MOUNTED FRONT END LOADER MILLING MACHINE OPERATOR MIXER MOTOR GRADER OPERATOR FINE GRADE MOTOR GRADER OPERATOR PAVEMENT MARKING MACi�IINE ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS ROLLER, STEEL WHEEL OTF�R FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER SCRAPER TRACTOR-CRAWLER TYPE TRACTOR-PNEUMATIC TRAVELING MIXER WAGON-DRILL, BORING MACHINE REINFORCING STEEL SETTER-PAVING REINFORCING STEEL SE'ITER-STRUCTURES STEEL WORKER-STRUCTURAL SPREADER BOX OPERATOR WORK ZONE BARRICADE TRUCK DRIVER-SINGLE AJ�.E LIGHT TRUCK DRNER-SINGLE A7Q,B HEAVY TRUCK DRIVER-TANDEM AJ�.E SEIvII TRAILER TRUCK DRIVER-LOWBOY/FLOAT TRUCK DRNER-TRANSIT MIX TRUCK DRIVER-WINCH VIBRATOR OPERATOR-HAND TYPE WELDER $9.00 9.55 8.80 11.51 10.30 10.50 9.83 8.84 1537 7.55 9.83 9.00 9.24 9.09 7.32 8.94 12.68 10.17 9.41 1 I.00 8.98 11.50 10.29 1030 8.72 10.74 9.25 11.13 10.42 9.00 10.39 10.50 9.92 11.04 10.00 11.83 9.96 8.62 10.30 11.97 10.96 732 9.06 8.59 8.48 9.63 10.58 9.15 8.83 12.00 13.21 13.31 14.80 10.00 732 8.965 9.02 8.77 10.44 9.47 9.00 732 11.57 EJ �� L�J r�� !J L�J �� 'J � L�' ��J [�� 1NATER DEPARTMENT - SECTIO�� E SPECIFICATI0��5 J aruARY 1� �97� All materials, construction methods and procedures used in this project shal] conform to Sections �1. E2, and ElA of the Fort �lorth Water i�partment General Contract Documents and General Specifications. together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet). Sections El, E1 and E2A of the Fort i�orth IJater llepartment General Contract Documents and General Specifications are hereby made a part of this contract docurrknt !�y refzr�nce for all�purposes, the same as if copies verbatim herein. and such Sections arr fi led and kept in tiie offi ce of tiie Ci ty Secretary of the Ci ty of Fort �lorth as an offi ci al record of the Ci ty of � Fort Wort��. INOEX �E1 E'Z E2A MATERIAL SPECIFICATIO�IS COt�STRUCTION SPECI FI CATI Oi�S GE�tERAI DESIG�'� t?EETAILS Revisions as of April t0, 19�1, follow: E1-'L.4 8ackfill: (Correct minimum eompaction requirement to 95� Procter density and correct P.I. values as follows:) c. Additional backfill requirements when approved for use in streets: . 1. Type 8 Backfill . (c) Maximum plastic index (PI) shall be t� 2. Ty e C�ackfi 11 - � (a� Matertal meeting requirements and having a PI of 8 or iess stiall be considered as suitable for com.�act- ion by 3etting (b) Materinl cnee'ting requirement and having a PI of 9� or more si�all be considered for use only wi ti� — mec�ianical compaction • E'l-2.11Trenci� �ackfill: (Correct minimum compaction requirement wherzvrr i t � appears in this section to 95X Procter deiisity rxcept for paragrapn a.l. wt�ere the "95x modified Procier density" shall remain unci�anga�). �sJ SECTION E140 - MATERIAL SPECIFICATIONS MATERIAL STANDARD E100-4 JANUARY 1, 1978 (ADDED 5/13/90) �QO-4 wATERTIGHT MANHOLE INSERTS E100-4.1 G N RA : This standa�d covers the furnishing and installation of watertight gasketed manhole inserts in the Fort Worth sanitary sew�r collection system. E104-4.2 MATERIA�,S AND Q�, IGN: a. The manhole insert shall be of corrosion-proof high density polyethelene that meets or exceeds the requirements of ASTM D1248, Category 5, Type III. b. The minimum thickness of the manhole insert shall be 1/8". c. The manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprene rubber and meet the requirement of ASTM 01056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1" wide woven polypropatene or nylon webbing, with the ends treated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. a e. � The manhole insert shall have one or more vent holes or valves Lo , release gasses and allow water inflow at a rate no greater than 10 gallons per 24 hours. , E]00-4.3 INSTALLATION: a. The manhole frame shall be cleaned of all dirt and deDris bef�re placing the manh�le insert on the rim. � b. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the aianhole frame rim. E100 (1) L�� l�i ,� � � �J � � � LJ �� L�J � � L�J �I I�f GENERAL CONSTRUCTION NOTES 1. Applicable design and details shall conform to "General Contract Documents and Specifications for Water Department Projects" (GCD) effective July 1, 1978, with the latest revisions. 2. All horizontal blocking, cradle blocking, and vertical tie-down blocking to be in accordance with Fig.(s) 9, 10, and l lof the GCD. 3. Fire hydrants shall be located a minimum of 3'-0" behind the face of curb per Fig. 5 GCD. 4. All gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16" and larger Fig. 4 GCD. 5. The proposed water and/or sewer mains at times will be laid close to other existing utilities and structures both above and below the ground. The contractor shall make necessary provisions for the support and protection of all utility poles, fences, trees, shrubs, gas mains, telephone cables, TU cables, drainage pipes, utility services, and all other utilities and structures both above and below the ground during construction. It is the contractor's responsibility to notify all utility owners prior to any construction in the area and verify the actual location of all buried utilities that may or may not be shown on the plans. The contractor shall preserve and protect all underground and overhead facilities and be responsible for any damage he may cause to them. The Contractor shall contact the following @ least 48 hours prior to exca�ating at each location: Fort Worth Water Department Field Operations Fort Worth Transportation & Public Works Light and Signal Division Lone Star Gas Company Texas Utility Service Company Southwestern Bell Telephone Company Texas One Call-Fiber Optics Location (MCI, AT&T, Sprint, etc.) Marcus Cable T.V. 871-8296 871-8100 Metro (214) 263-3�44 336-2328 Enterprise 9800 1-800-245-4545 737-4731 6. Contractor shall verify the elevation, configuration, and angulation of existing line prior to construction of tie-in materials. Such verification shall be considered as subsidiary cost of project and no additional compensation will be allowed. Elevation adjustments at connections may be made with bends, offsets, or joint deflections. All nonstandard bends shall be made using the closest standazd M.J. fittings with the required joint deflections.(deflections not to exceed manufacturer's deflection per joint) 7. Contractor shall keep at least one lane of traffic open at all times during construction and access to all places of business and residence at all times.(reference C6-6.5 GCD) �� 8. No excavated materials, backfill materials, equipment, or supplies shall be stored within floodways or drainage easements.(reference C6-6.6 GCD) 9. Trenches which lay.outside existing or future pavements shall be backfilled above the top of the embedment with Type "C" backfill material. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" material shall be used. All backfill material shall be compacted to a minimum of 90% proctor density by means of tamping only. Trenches which cross under existing or future pavement shall be backfilled per Fig. "A" with 95% proctor density by jetting, tamping, or a combination of such methods. lO.Rim elevations of the proposed sanitary sewer manholes in repaved streets are shown as final finished grades in these plans. They shall be constructed to 15" below final finished grade by utility contractor and adjusted by paving contractor in accordance with Fig. M of the special contract documents. Concrete collars shall be installed where indicated on the plans per Fig. 121 of the special contract documents. Manhole inserts shall be installed in all standard four foot and standazd four foot drop access manholes per E-100-4 of the special contract documents. Standard four foot diameter manholes shall be in accordance with section E2A, Fig. 103 and Fig. 104 GCD, standard four foof clr`op access manholes per Fig. 107 GCD, and shallow manholes per Fig. 106 GCD. 11.The top of the water lines shall be a minimum of 3'-6" below the top of the curb for 12" and smaller mains except where otherwise shown on these plans. 12.A11 water meters shall be placed or relocated 3'-0" behind the face of the proposed curb or as directed by the Engineer. � 13.A11 existing water services shall be replaced with 1" minimum copper tubing unless a larger size is indicated on the plans. Corporation stops shall be fully opened prior to trench backfill. Curb stops with lock wings shall be tested for full flow when the system is pressure tested. Extend 1" water services to those lots where no water services have been extended to. Locate.these services at normal locations or as directed by the Engineer. a.The normallocation of water service lines sha11 be 5' east or north of the center of the property frontage. b.For 40' or less lot frontage, all water services shall be placed 18" from the east or south property line. 14.A11 sanitary sewer services encountered shall be replaced to the property line as directed by the Engineer. ./� l�l C L'I � L■J LJ l�l � I�I � CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PW53- 060530175530 STATE OF TEXAS COUNTY OF TARRANT � 0 M.E. BURNS CONSTRUCTION, INC. CONTRACTOR Byi�� . �- .,.. I/� ��.,f .ry� Title �,i- 59 Date D BEFORE ME, the undersigned authority, on this day personally appeared ��in E. Burns known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of M. E. Burns Construction, �cthe purpose and consideration therein expressed and in the capacity therein stated. aGIVEN LJNDER MY HAND AND SEAL OF OFFICE this 1St. day of September .19 99 . , � a� 2o�P �'a��, RENA S. INGLE , t � ,t Notary Public � ' 4STATE OF TEXAS �\ �� op ��P� My Comm. Exp 03/06l2001 ...� - . . - ---� ....—�....�• , , . __..,., � � L�J irticJ � Notary�ublic in an for the State of Texas � � II � PERFORMANCE BOND BOND NO. 33-73609 THE STATE OF TEXAS � COUNTY OFTARRANT � � KNOW ALL MEN BY THESE PRESENTS: That we (1) M.E. BURNS CONSTRUCTION, INC. a(2) CORPORATI01�1 of TEXAS, hereinafter call Principal, and (3) Bankers Insurance Companv, a corporation organized and existin� under the laws of the State and fully authorized to transact business in the State of Te�cas, as , Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation or�anized and existin� under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: TWO HUNDRED NINF;TY THOUSAIYD THREE HUNDRED SEVEIYTY-FOUR AND NO/100 ..............., � ($290.374.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Te�cas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. �' THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the of a copy of which is hereto attached and �� made a pan hereof, for the construction of: �� % WATER MAIN IMPROVEMEIYTS IfY WESTDALE DRIVE FROM SOUTH DRIVE TO WESTLAKE DRIVE desi�nated as Project No. (s) PS53-060530175530, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at len�th herein, such project and construction bein� hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents durin� the ori?inal 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 under such contract, and shall fully indemnify and save harmless the Owner from all costs and dama�es � which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all ouday and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in " full force and effect. � ' 1 ' � i � Fl � � �" � PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROV[DED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall be deemed an original, this the of _____ ATTEST: r�IUG ,� 1 �9�� (Principal) Secretary � (SEAL) � � �,,,, Witness as to Principal � Address ATTEST: (Surety) Secretary �I (SEAL) M.E. BURNS CONSTRUCTION, INC. PRINCIPAL (4) BY:.�� - � � Tit(e: �iu 1 , ,�1,,,c1' PO BOX 11678 FORT WORTH, TX 76110-0678 (Address) Bankers Insuran Company Surety BY: �W\ N � , W� (Attorney-in-fact) (5) inda W . S inku 2425 N. Central Expressway (Address) Richardson, 'I'X 75080 NOTE: Date of Bond must not be prior to date of Contract (1) �Z) (3) (4) � � � IL.i � A.t,�-v� � l`��vv�� Witness as to Surety ' \ � G, 0 Cl ► tJ .�i� J�' F'� W � X �(e �� Z (Address) (5) Correct Name of Contractor A Corporation, a Partnership or an Individual, as case may be Correct name of Surety lf contractor is Partnership all Partners should execute Bond A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. � F2 � � � � PAYMENT BOND BOND N0. 33-73609 "THE STATE OF TEXAS � COUNTY OF TARRANT � KNOW ALL MEN BY THESE PRESENTS: That we ( I) M.E. BURNS CONSTRUCTION, INC. a(2) Corporation of Texas, hereinafter call Principal, and (3}B a n k e r s I n s u r a n c e C o mp a ng corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surery, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of : TWO HUNDRED NINETY THOUSAND THREE HUNDRED SEVENTY-FOUR AND NO/100 ................. (�290,374.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jo�ntly and severally, firmly to these presents. I� 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 day of A.D. , 1999, a copy of which is hereto attached and made a part thereof, for the construction of:: w.;., ;., _, -�T:��-� r'° �+i;� , � : x,> . WATER MAIN IMPROVEMENTS IN WESTDALE DRIVE FROM SOUTH DRIVE TO WESTLAKE DRIVE �� Project No. (s) PS53-060530175530 a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred � to as the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. F10 1 1 ' ' � � � C � THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract ar to the work to the specifications. PROVIDED FURTHER, that no fina) settlement between the Owner and the Contractor shall abridge the right of any benefciary hereunder whose claim may be unsatisfied. ^' IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shafl be deemed � an original, this the day of A.D., 1999. ��d� ATTEST: � ir�, (Principal) Secretary Wimess as to Principal Address ATTEST: (Surety) Secretary � .-, �' a (SEAL) � Q�►.�Jl�.. �/�.(.�..w��a� Witness as to Surety 1 b00 U1, �-� s+. T`+.�1 TX "16coZ (Address) M.E. BURNS CONSTRUCTION, [NC. PRINCIPAL (4) BY: �. - G � Title: %�i�s. ✓'� � �- PO BOX 11678 FORT WORTH, TX 76110-0678 (SEAL) (Address) B kers Insura e Company Sure�` \`\ BY: tN�J �1�1 � (Attorney-in-fact) (5) L i n d a 1�1 . S i n k u 2425RN�h��trai p��ay - (Address) (Address) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. � � L� MAINTENANCE BOND � THE STATE OF TEXAS � BOND N0. 33-73609 COUNTY OF TARRANT � KNOW ALL MEN BY THESE PRESENTS: That (1) M.E. BURNS CONSTRUCTION. 1NC., as � Principal, acting herein by and through (2) its duly authorized and (3�ankers Insurance Company a corporation organized under the laws of the State of TEXAS, as surety, do hereby acknowledge themselves to be held and bound to pay unto the r- City of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of � ... TWO HUNDRED NINETY THOUSAND THREE HUNDRED SEVENTY-FOUR AIYD NO/100 ................. ($290,374.00) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, 'j�` � 1�e�c � li `v �:l s.; � J.� '� WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, T e x a s the performance of the following described public work and the construction of the following described public improvements: �r., � WATER MAIN IMPROVEMENTS IN WESTDALE DRIVE FROM SOU'�i DRIVE TO WESTLAKE DRIVE of same being referred to herein and in said contract as the Work and being designated as project PS53- 060530175530 and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and , WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One (1) Year after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One (11 Year; and, � WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the Ciry of Fort Worth, it be necessary;and, .-r � WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. ' � � � NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, [N WITNESS WI-�j��£(�F� tl��strument is executed in S counterparts, each one of which shali be deemed an original, dated t�� . ATTEST: (Principal) Secretary (Seal) M.E. BURNS CONSTRUCTION, INC. PRINCIPAL (4) BY: �c�,t� ��' Title:� ,� , ��,� PO BOX 11678 FORT WORTH, TX 76110-0678 (Address) LWitness as to Principal � (Address) ATTEST: ��,' (Surety) Secretary � (SEAL) � � � � � Q�,.��- Witness as to Surety 1�00 �J.'� Sk _�+� . 1X 'lbl�2.. Ba Insuran Company u ty BY: � � (Attorney-in-fact) (5� i n d a W. S i n k u �42�5a��oent�l,��essway (Address) NOTE: Date of Bond must not be prior tu date of Contract (1) Correct Name of Contract�r (2) A Corporation, a partnership or an Individual, as case may be (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. ' F6 �.� ��- Po w er o A tto rn e 33-73609 y � KNOW ALL MEN BY THESE PRESENTS: That Bankets Insurance ComPany, a corporation created by and existing under the laws of the State of Florida having its principal office in the City of St. Petersburg, Pinellas County, State of Florida, does hereby nominate, constitute and appoint: � �.., L� Gary B. McElroy, Connie S. McMullen, Michael F. Washmon, and/or Linda W. Sinku of the City of Fort Worth , Tarrant Caunty, State of Texas , each its true and lavuful, Attorney-in-Fact, with full power and authority conferred upon him to sign, execute, acknowledge and deliver for and on its befialf as Surety as its act and deed, any bond, undertaking, consent or agreement, not exceeding Two Million and XXI100 Dollars IS2,000,000.00) which this Company may be authorized to write. � The Bankers Insurance Compaay further certifies that the following is a true and cnrrect copy of Article IV, Section 6 of the By-Laws duly adopted and now in force, to wit: r SECTION 6, PRESIDENT. The President shall in the a6sence or disability of the Chairman Preside over all meetings of the Directors and Shareholders and shall have general supervision of the affairs of the Corporation, shall sign or countersign � certificates, contracts, and other instruments of the Carporation as authorized by the Board of Directors, shall make reports , to the Board of Directors and Stackholders, and shall perform all such other duties as are incident to his office or are � properly required of him by the Board of Directors. IN WITNESS WHEREOF, the Bankers Insurance Company has caused these presents to be signed by its President and,its`�orpo'r5rta,.. Seal to be a�xed by its Secretary this 17th day af May , 19 94 . ;�`', : _.::_'_ �' % � \ .r � — ATTEST: , BANKERS I S RANCE COMP = ''� ', ��;�; "_ � ` _ �,' ,f -- -- _ � " • �-.�'� •ti �-. � ' � �� " G. �stin Delano, Secretary David . eehan, Pr i en :�-- -_ This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted 5y th:e Board:��`� +� of Directors of the Bankers Insurance Company at its monthly meeting held in August 1981. � RESOLVED, that the signatures of such Officers and the Seal of the Corporation may be affixed to any such Power of Attorney or any certified copy thereof or any certification relating thereto, by facsimile and any such Power of Attorney or any certified copy thereof, or any certification relating thereto bearing such facsimile signatures or facsimile seal shall be � valid and binding upon the Corporatian in the future with respect to any bonds, undertakings, recognizance or contracts of indemnity to which it is attached. STATE OF FLORIDA ) � ) SS. COUNTY OF PINELLAS ) �"' BEFORE ME, the undersigned authority, personally appeared DAVID K. MEEHAN and G. KRISTIN DELANO who acknowledged themselves to be the President and Secretary af Bankers Insurance Company, a Florida corporation, and they as such President and Secretary being authorized � to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as President and Secretary, and that said secretary affixed thereto the seal of the corporation and attested to the execution of the foregoing instrument. �'" IN WITNESS WHEREOF, I hereunto set my hand and seal this 17th day of May , 19 94 . ```��r:�y�y'' � — ` �., .,,.w�� 'OFFlCIAL SEAL � My Commission Expires: _ 6S i�,(�l,,Q /�- ,'�' !d� jy�yCp�t1rt11�Si0f1 18S?j1j97 Notary ublic Caro n�,u . Thames �'�.'�o� �,,°.a COrtlntiSSi0f1 �IC�256465 ��..,.. ,,,�� I, the undersigned, Secretary of Bankers Insurance ComPany, do here6y certify that the original Power of Attorney, of which the foregoing is a full, true and correct copy, is in fuil force and effect. ,,... IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretar and affix the corparate seal of the Corporation this � day of , 19 � (SEAL) � . Kristin Delano, Secretary 1 1 ' 1 ' ' ' , , ' ' , 1 ll ' ' ' ' , � �� PART G - CONTRACT THE STATE OF TEXAS § j"" COUNTY OF TARRANT � L w AU(a ;s �. 'i°Q� !� THIS CONTRACT, made and entered into 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 M.E. � BURNS CONSTRUCTION, INC., of the City of FORT WORTH, County of TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed "CONTRACTOR". �� ,.: WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second " Part (Contractor) hereby agrees with the said party of the First Part (Owner) to commence and complete ,�, certain improvements described as follows: WATER MAIN IMPROVEMENTS IN WESTDALE DRIVE FROM SOUTH DRIVE TO WESLAKE DRIVE �And all extra work connected therewith, under the terms as stated in the Contract Documents, and at his � (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendent, labor, bonds, insurance, and other accessories and services necessary to complete the � 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 Contractor pocuments and General Specifications, all of which are f"' made a part hereof and collectively and constitute the entire contract. Gl ' ' � 1 ' 1 J �4 � The Contractor hereby agrees to commence work within ten (10) days after tl�e 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 8 counterparts in the year and say first above written. Citv of Fort Worth, Texas (Owner) �i Pa of the First pa �� _ � � �-v�..d�----�-�- BY: i � ASST. City Manager CW (Seal) I� � M.E. BURNS CONSTRUCTION, INC. . PO BOX 11678 _ FORT WORTH, TX 76110-0678 �,,, Contractar BY:.�'''. -- -� ��—�'` Title: ��s��"" APPROVED: � � •''�-F.,�l� l-l�`•si1.. 1'"'��-'��:.1�`.fld�d�---• � A. Douglas Rademaker, P.E. Director � Department of Engineering �W � t WITNESSES: Approved as to Form and Legality: 6 �� Gar inberger, Asst. City Attorney c - � �� a � Contract Authoriza�ion �- �/- gq Date 1 ATTEST: LJ L'J � C� � � � LJI � � LJ I`� L'!I � � L�J � � i� Co�po�ct fion coCk p�'�fBCfivt COct(in9 apptied in fre/d rSee NOTE 'A' to have CC threQdS.�� / �� _ ___ Bronxe bushing f p/aced in the plant, to have ^ CC threvds. , � % � . . . . . � : - '. . •- � , �: o .. :' l • '• . • a .. • . a � • . �� : � .'� • ,'. L......._.��-"'--•� r�—'.C.:.� „� ./�� , ; . �, .. .. ,, > . . . . �, . . . ,.. : . .:,. � ' .� . . • . . .'. � �. . . .. . . . , .. .•::;. �JOTE � If Co�po�ation cock is 'nof' provided in jie/d, then steel plug sha/I be Covered with cement mortar. iHREA/�E,D CONNECTI�NS CONCR�' iE' �/!�E' IvUTE ' A" Provide 1� minimum thickness concrete or�cement n�ortar coatin� in the field for the protection afjall exposed steel at threaded outlets. The cement mortar used shall consist of one part nortland cewent to two and one-half parts of Yine, sharp (plaster) sand. The surface receiv- ing cement mortar coatiag shall be thoroughly cleaned and wetted w3th water just prior to placing the cement mortar coatin�. After pluce- ment, care shall be taken to prevent the cement c�ortar Coating from dryin� out tpo rapidly by covering with damp eart� or burlap. Cement mortar coating shall not be applied during freez- ing weather. GD � � � i � 1 il � 11.=� li� % � r �//!/=a\Ill= :•�'.• , � .; •�• ':'. .• • •, •. .•; • .: • .� .. _ .•.. .�.. . � , • •,�. . . , • : ' ',', • . ;; . � ' .�. ..' • w . • �r• -'�t • • ��' � � • �•�•' •- ' •�\ • • :�•. � . • , . '��' ; � i � . � � - • : •. :: . '::'. .:;::' : ' . .� '. • .'; • . . . . . �.' � . �� , �! •. Line in plant }c cover a// exposed stee% • � 7'hreaded Out/ef �, , /Jetai/, Threaded Out/et Lacations, not to scQ/e. I ,ly� `/71rT(IT� � .� I CTP of pipe � � -Y-�� ' � �� . . 1 ' .f.��'s� Cb , �' � , �� 1, • It /� � � / i,. i •.,�... , �� . �' - - •' i ' �� ' , �� . �:•ss— ti�•�Zvrries'� • �� ` f.t'ist. iG/¢tQ�' YOu/� .� s« oQ�d%r ro.- �� ' T��n�. Se�vicd •� �V�.«a.v..... . 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G� F�'t �i . �0� �'�r L �� r� ! J'� %� ��. :{ ynao 1 e " ✓ Rs�� 9 '�`� �R� � �/� . a EXCAVATIDN, BACKF�ILL AND PAVEMENT REPAIR UNDER EXISTING STREETS � � MIN, 2' H�T OR C�LD MIX ASPHALT- -TEMPORARY PAVING REPAIR SHOWN - �XIST, STREET PAVEMENT � F❑R PERMANENT PAVING REPAIR DETAILS SEE FIGURES 1-5 OR AS SPECIFIED IN THE PLANS ❑R SPECIFICATI�NS, � % � jV V V V V V v V V V V V V V V V V V V V V V V V V V V V V /��/ °o%% o°o°o°o°oC bo°o°o°o°o°o°� � o� o%�% °o°o � MItf � f�(PAL �b � � . � ��, � ;.. .� . . �. �/� FLEX BASE MA�ERIAL�j�/`_��/��j. � • •'; . . . � ; a . • . , i'//. . "/ //,. �. //. i N • . / /� i /� ;' • . . +'' ' •., . . a . . ' • • . •'• . .. •. •� � . .a. . _ . ' ''• : :.� •.'.• ; �• . . B�TT❑M ❑F TEMPORARY ❑R ' • � . �•• ', . . ° '� � a . ; �. • , •• �� PERMANENT PAVEMENT REPAIR .�• , �' _ ..' . ' � ,�' EXIST, BASE � � � a a a � INCLUDED IN LINEAR F❑�T BID PRICE ❑F PIPE F�IGURE A • . . ;: � . '• '.. ' ' ' �-�TYPE C BACKFILL `��• • . • ` �'•y. : '' : SEE SPEC, E1-2 � SAND MATERIAL '"`"''' � "' ''` �'' � ' � 1'-6' MAXIMUM EMBEDMENT �' . ' � • SEE SPEC. E1-2 . .�• ''• :�.�;, , MINIMUM 6' SAND . " •'~ •' •'•Y �'� '' EMBEDMENT COVER :::�::�:.. : _ :r : �:� . . ti , • L , Y !� ' . . • . � Q�'e�/ • , MINIMUM 6' EMBEDMENT .� { . . :.z.. :. . :..: _:. ,....,.. � CWATER a � �� SIZES UP T� & INCLUDING 12") NTS REVi MARCH 25, 1999 �� EXCAVATI❑N, BACK�IL� AND PA�/EMENT REPAIR UNDER EXISTING STREETS MIN, 2' H❑T ❑R C❑LD MIX ASPHALT, EXIST. STREET PAVEMENT � � � -TEMP�RARY PAVING REPAIR SH�WN - , F❑R PERMANENT PAVING REPAIR DETAILS � SEE FIGURES 1-5 OR AS SPECIFIED IN THE PLANS ❑R SPECIFICATIDNS, /�v v v v v V v V V V V V v V\ V V V V v v V v v V v N /jj// �O�O�O�O�O�O�O�O�O�O O�O�O�O�O�O� roO�O�O�O�O�O�U�C�C�U�G�O _ � 'rfir� 6 c6� crEn .�/j%�� %/�j/,� ��% � / / �.. ; •• •� . ��(/, ,IFLEX�BASE MATERIAL�%��,�� '� • ,•' • . , 'd . • . •� � ,•Y ��.�' / ��•�i'/��• / ��G�' /�/��/ / �� • . . �� , �'�, . � . d . • l ' . • . . ♦. . '. � � � , d. • '� , '` .':.� '•�.' ;:,• �. BOTTOM ❑F TEMPORARY ❑R � ' •!'' ' 4 : PERMANENT PAVEMENT REPAIR � �� • ' � . . • ' �� •• .' . . •• . . • . EXIST, BASE � • •• ' ' ' , � � �TYPE C BACKFILL � SAND MATERIAL �`� � � ' . • � t"�' '• SEE SPEC, E1-2 .. •;,•. . EMBEDMENT •"'" � . . ' 1'-6' MAXIMUM SEE SPEC, E1-2 : • �•� �'� '.. . . :: �� 1) SEWER - MINIMUM 12' •• • • • SAND EMBEDMENT C�VER ' • � ��•�•� .•� °� ;� . 2) WATER - MINIMUM 6' ''..�: . "��•: •'�•.�''' SAND EMBEDMENT COVER `'� '�`"'' � .� � CRUSHED S7❑NE ,�Q� ' ' ' SEE SPEC. E1-3 MINIMUM 6' EMBEDMENT �.,;.' Q � 1`�' •S w • • y �, y. . ..� • � .. ' .i � ;•+��: •��.�. �• •� ' , .'. �;, �.w.•• .:f:�•,=. �•�.•;r' -.a ',� �•'L. � INCLUDED IN LINEAR F❑OT BID PRICE �F PIPE �IGURE CSEWER; ALL CWATER SIZES 16" B SIZES) & LARGER) NTS REV� MARCH 25, 1999 . "' � PMS '16? (Copper) ,..+. PMS 288 (Btue) ; ; 8�_an � � . � . � . 3" � 3' -1 S'� ; S'� � • . . 1 . ; - . - � j 2.25" _! • : . , , , , , . . :, �� oxo�x . . ::� . �_., �. ::�. .. . . „� � � 1�rxn .� 1�� ' ��' 2.25" . ; , , , , :' � White .� c 0 � CV . _ 4.5" j . / � / � r--� r .� 09118196 � --� -�7 ---� �--� - C] � ,�.._ PMS 288 (Blue) ;; � • ; � ;' `; 4'-�.5�� -� : , . f � � / � � � . � , , , , , , o�z�, ��ate� 3" , . .. . . , . ds 1� Ac�r x� 0 3.75" �� , o. � � 3.75" — �_____ ; , , � ;� '� PMS 288 (Biue) �� PF�OJECT S�CxV F�gure 30 N O _ _� 4.5" % ./3" Rad�ius /� . / . / � � . . . . � � Sca1e 1 " -1' E2-�t� Construction � � [� � C� � �7 0 CI Q C� L� C� L7 E7 C] L� L� O L� p 0 C� Q 0 L'� C7 C7 � C7 C3 C] � , . 0 [I�ST [UR� � CU77[�' / .• •• • � i i� . � �r,.i// CxtST faSE ( �F AM7 ) CI�SS �� R[IMFO�►CCO COMC�ETf r-►�vt�[wi ■E�iKir(wr ClISTIMC COMC Lxlfl � ►�vCY(MT �CW� � WTT(1� S��r CUT� � , 7J�.M CVT� . � � _ .�. r � �� a •~ � • •_ ` 1�. ,¢ � ri' • � . . • i + . ^ .r, � ,�.r� .( �' � • • .: :. � � (1 � . • � , . • • . � � ,� ��Olrt� ��1 ._ - + �Ja"...f-�t�� ' • � • • • !• . / � �7r Ocf� p . � ;+0�00�� _ �O:ov•d '�^G�Gt�Opvp o r • � � �a � p�0 � o�.$po� ��l/'A� vp��o '•. �. �� O� �' I :Z �'1�l .�p�n''fo�1��-�r�i�=`r�f�o0� � � � I '� , � . l:2T COHCIIETE • : . • ' � DITCM �rAl� -� � ' , , ��• /.LL 1R(MU� {�tCKf I�l �ft4ll Y[CT � � ' • �COU�RErCwTf fOA <RADATqM YI� • ••,� � . , . , • , CO�+rrCTlO.r •f SKCfIt(D IM ITLY • ., s02 OI TN( tT�MO�wO f►iC1►1C�� , � T�ONf FO■ COM3iw�T�, ►V��IC ' ' , , • � wOwKi OE►T,CtTY W �pwT �ORTN � • , T( Y AS OR ��K�IL.L AS Irtqi�ED ' .� ', IM S[CTSW�! tl-t AMO C 2.! OI TK ' • . lrfCl�tCAf10Mt /OR �ATCR p(rMT• . • • M(MT ►WJ(CTl, /WIT VrOwTN �AT(f � • . • ' • D[�T.�CiTY OI IpA� •OATM� T[7t1.t. :i' � NOT�3� , NO1� 1�[INiO�CLO COMC*CT[ �avCrEwT SN�L� �C �E�IACED TO OR�GiMa� O[If�f OR f0 4 YIM�YUM OE�TN Of ��MKNEriA �1 TN( � G�[�TLR. • F�ie ►+o C• 32 26 E =�ST CO�S ►�v(Y[wT - _. ' � � • ►w0/�OKD «GCIT♦ �lT�CLLTIOM ►Ir[ 0 Cx�sT. �at[ ( t/ YY � MO.2 • 1/ fTEit L%ISTS tM COMC*[T[ t1w(r(wt TO MO 7� �[��ORC[0 CO«CR(T[ Mv(M�rT �1�� •[ i( LUT, 7N( Si[Ll lN�I.L �E CUT •MO f�E1L�CED OVt� T�tMCN,Af tMO�M,1M TN[ sl►Lv�tED •S ►oss��( • rw�rur ��• Ev[Mr' ro��Rtw►o�CLD CorCt1ETE ►�vf- SILICt 0111AMC( 0� It�lM�LL /C �AOVIOCO Y(MT I! RLrOY(0. NO�� KOOIMO OF t1�C TO Y�7CH AO.lwCEMT 3FCTiONS OR S�CCI�IGATtON 40t rHic►�[v[w is CwCaTER . TYPICAL S �Ci'10�d-i€��1C� R��iR CO�J C��TE PAV��ENT � C��Y Of fORT MOA�N TRANSPORTATION/PUHLIC WORKS �EPT. ENGlNF£RfNG DIVISIOH MO ) e►�S OM 2�� CCMTEAS �OT„ wat5 w�Tw ',— ��« 2■�w5 lOwGr�UOiw�� Ir OfftH 0 •Cv • [•1•f• RCV • 11• 1'77 �Ev.- It-I�.�O �Ev.- � -�O't 2 f I G. t City of Fort Worth, Texas ��Ay�r Af1d Caunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 8/31/99 **C-17621 30WATER 1 of 2 SUBJECT APPROPRIATION ORDINAN E AND AWARD OF CON RACT TO M. E. BURNS CONSTRUCTION, INC. FOR WATER MAIN IMPROVEMENTS IN WESTDALE DRIVE FROM SOUTH DRIVE TO WESTLAKE DRIVE �_ •►�u �: •� It is recommended that the City Council: 1. Authorize the transfer of $326,671.00 from the Water Operating Fund to the Water Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund by $326,671.00; and 3. Authorize the City Manager to execute a contract with M. E. Burns Construction, Inc. in the amount of $290,374.00 for water main improvements in Westdale Drive from South Drive to Westlake Drive for completion in 45 working days. � •� Water main improvements in Westdale Drive from South Drive to Westlake Drive consist of replacing a forty-year-old, deteriorated, 16-inch water main with a history of numerous breaks in the 4300 block of Westdale Drive. A main break on June 13, 1999 caused severe damage to a customer's property at 4308 Westdale. This project was advertised for bid on June 17 and 24, 1999. The following bids were received July 15, 1999: : �� _: AMOUNT ►�_ • • - •� M• E• Burns Construction. Inc. Larry H. Jackson, Construction, Inc. Circle "C" Construction, Inc. Burleson Utilities, Inc. Cleburne Utility Construction, Inc. Tri-Tech Construction, Inc. Long Construction & Engineering, Inc. TGR Constructors, Inc. $290.374.00 293, 736.00 307,075.00 313, 513.45 316,366.15 331,455.00 371,190.00 404,198.00 45 Working Days M. E. Burns Construction, Inc. is in comptiance with the City's M/WBE Ordinance by committing to 11 % M/V1IBE participation. The City's goal on this project is 11 %. This project is located in COUNCIL DISTRICT 3, Mapsco 89K and L. In addition to the contract cost, $14,519.00 is required for possible change orders for water construction. The contingency for associated construction inspection and survey is $21,778.00. City of Fort Worth, 7'exas , �1►�Ayar ��nd C,auknc�l Carrtmun�cAt�an DATE REFERENCE f�UMBER LQG NAME PAGE ' 8/31/99 **C-17621 u 30WATER 2 of 2 SUBJECT APPROPRIATION ORDINAN E' AND AWARD OF CON �2ACT TO M. E. BURNS CON�STRUCTION, INC. FOR Wl�TER MAIN IMPROVEMENTS IN WESTDALE bRIVE FROM SOUTH DRIVE TO WESTLAKE DRfVE , FISCAL INFORMATION/CERTIFICATION: , The Finance Director certifies that upon approval and completion of recommendation 1, and adoption of the attached appropriation ordinance, funds will be available in the �current capital budget, as appropriated, of the Water Capital Project Fund.�� MG:k ' � � „ . � � 01 1 � .� i 11 . B Submitted for City Manager's I FUND Office by: I (to) � 1 &2) PW53 Mike Groomer 6140 2) PW53 Originating Department Head: 2) PW53 A. Douglas Rademaker 6157 �(from) 1) PE45 Additional Information Contact: 3) PW53 A. Douglas Rademaker 6157 I ACCOUNT 472045 , 541200 531350 r' � 538070 54.1200 a CENTER I AMOUNT 060530175530 $326,671.00 � 060530175530 $304,893.00 030530175530 $ 21,778.00 0609020 $326,671.00 � 06053Q175530 $290,374.00 � ! � 1 a CITY SECRETARY APPROVfO CITY COUNCfL AUO 31 � �a �i�atK/ �ity of FortQW�orth�TeSCas � � �CiqOtP,Ci ni'tllClatlC£ �i0. I �'��'� a • ,